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TERMS & CONDITIONS

RELEASR. Pty Ltd (ACN: 669 352 318) trading as “RELEASR. Pty Ltd.” (Company, we, our etc) publishes, operates and maintains the website located at releasr.online (Website) and the Database. Through the Website and the Database, the Company provides access to a digital workspace that allows Members to collaborate on the development, production and storage of music and music related products (Service). The Company can be contacted via email at hello@releasr.online. By accessing or using the Company’s Services, you agree to be bound by these Terms and
Conditions (Terms)


1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
Access Right has the meaning given to it in clause 13.1;

Account means an account setup by you in order to be a Member and to access the Website, Database and the Service; Company Content has the meaning given to it in clause 13.1;
Content means any audio, text, photos, pictures, graphics, comments and other content, data or information uploaded to, downloaded from or otherwise accessible via the Website and the Database;

Database means the repository of information maintained by RELEASR. as part of the Service;
Extension Term means the period of an extension of this agreement of an equal length to the Initial Subscription Term;

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Initial Subscription Term means the first terms of Subscription under this Agreement;
Member means a person who having created an Account and subject to the payment of the Subscription Fee (if applicable) and compliance with their obligations under these Terms is entitled to access the Service provided by the Company and Membership has a corresponding meaning;
Membership Level means the level of membership selected by a Member and may affect the access the Member has to the Services;
Member Materials means any material provided by the Member to the Company or in the course of using the Service which relates to the Member personally and make include information which is personal information;
Preferred Payment Method means the Member’s payment method which they have selected from the available options;
Subscription means the right of a Member to use the Service in accordance with these Terms;
Subscription Fee means the amount payable by a Member to access the Service at the relevant Membership Level as stated on the Website;

Tax Invoice has the meaning given to it in the GST Act;

Website means the website located at https://www.releasr.online;
Workspace means the digital workspace accessible via the Website through which Members can use the Service to collaborate on the production of music and music related products or otherwise interact, including by uploading, downloading, viewing, listening, sharing or storing any Content;
Your Content means any and all audio, text, photos, pictures, graphics, comments and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Website or Database.

1.2 Interpretation
In these Terms the following rules of interpretation apply, unless the contrary intention appears in the
context otherwise requires:

(a) Headings and subheadings are for convenience only and do not affect the
interpretation of these Terms and Conditions.
(b) References to clauses, schedules, annexures, appendices, attachments and exhibits
are references to the clauses of, and the Schedules, annexures, appendices
attachments and exhibits to, these Terms.
(c) References to parties are references to the parties to these Terms and Conditions.
(d) References to a party to any agreement or document include that party's permitted
assignees and successors, including executors and administrators and legal
representatives.
(e) Words denoting the singular include the plural and words denoting the plural include
the singular.
(f) Words denoting any gender include all genders.
(g) The word "person"; includes any individual, corporation or other body corporate,
partnership, joint venture, trust, association and any government authority.
(h) A reference to a body (other than a party to these Terms and Conditions), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.


(i) A reference to any agreement or document (including these Terms and Conditions)
includes any amendments, supplements and replacements of that document.
(j) A reference to a law includes:
(i) legislation, regulations and other legislative instruments;
(ii) any judgment made by a court;
(iii) a constitutional provision or treaty or decree; and

(iv) any principle or rule of the common law or in equity, and is a reference to that law as amended, consolidated, replaced or re-enacted or applied to new or different facts.

(k) Any covenant, promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.
(l) Any covenant, promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.
(m) No provision of these Terms and Conditions will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms and Conditions.
(n) If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.
(o) A reference to time is a reference to Melbourne, Australia time unless otherwise specified.
(p) A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
(q) If any act is required to be performed under these Terms and Conditions by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.
(r) With the exception of the payment of any money, any act required to be performed under these Terms and Conditions on or by a specified day and that day is not a Business Day, the act must be performed on or by the next Business Day.
(s) A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.
(t) Specifying anything in these Terms and Conditions after the terms "include"
"including", "includes", "for example", "such as"; or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.
(u) Where a word or phrase or expression is defined, other parts of speech and grammatical forms of that definition have corresponding meanings.

2. THE SERVICE
2.1 The Service comprises access to and use of the Website and the Database to:

(a) open and operate an Account and/or Workspace;
(b) access, share, accept an invitation to, or otherwise use a Workspace;
(c) upload, download, view, listen, share, or store any Content whatsoever; and
(d) interact with other Members.

2.2 The Website and the Database may include advanced features for Members of different Membership Levels who have paid a Subscription Fee for access to and use of those features.
2.3 The Service is not intended for and should not be used by anyone under the age of thirteen years old.
2.4 You acknowledge and agree that the Company is unable to provide the Service to you if you do not have a stable internet connection which will enable you to access the Website, the Database and the Services.
2.5 As part of the provision of the Service you may be provided with documentation, information and access to cloud-based software and tools. The Company does not warrant that any such documentation, information or cloud-based software or tools will work as intended, will be error free or will work on your computer.


3. COMPLIANCE WITH THE TERMS
3.1 By accessing and using the Website and the Database or otherwise using the Service, you warrant and represent to the Company that you have read and understood these Terms and you agree to comply with these Terms. The Company may change these Terms at its discretion and without notice. By continuing to use the Website, Database or Service you
accept, and agree to abide by, those amended Terms. The Terms are binding upon and will insure to the benefit of the parties, their successors and permitted assigns.
3.2 You acknowledge and agree that the Company has the right, in its sole discretion, to terminate your Account or take such other action as we see fit if you breach these Terms.


4. MEMBERSHIP
4.1 How Membership Works: 

(a) Being a Member entitles you to the Service for the duration of the Subscription Term.
(b) A Member can terminate their Subscription at any time during the Term and, upon
termination, will retain access to the Service for the balance of their current
Subscription Term.
(c) Unless a Member provides the Company with written notice not less than 2 days prior
to the expiry of the Initial Subscription Term or any Extension Term (as applicable),
each Subscription will automatically renew at the expiry of the Subscription Term for
further successive Extension Terms. You acknowledge and expressly authorise the
Company to charge the Subscription Fee for each Extension Term.
(d) Upon expiration of the Subscription Term, we may cancel your Account and remove
your access to the Service at any time without notice you.

4.2 How to become a Member:

(a) In consideration of paying the Subscription Fee to the Company, and subject to any
regulatory obligations placed upon the Company, you will become a Member by
opening an Account through the Website.
(b) To open an Account, you will need to provide:

(i) your full name;
(ii) username

(iii) email address;
(iv) mobile telephone number; and
(v) Preferred Payment Method.

(c) We may, at any time, accept or reject any application to register an Account for any
reason or no reason at all.
(d) Depending upon the Membership Level, you will be provided with the Service which
corresponds with that Membership Level following the acceptance of the registration
of your Account and payment of all monies due and owing by you.

4.3 Terms of Membership subject to change

(a) We may at any time, but with prior notice to you, modify the Service, systems associated with the Service, the terms of your Membership, the Subscription Fee, these Terms or any other policy document of the Company including its Privacy Policy.
(b) Your continued use of the Service following any modification to the Service in accordance with clause
4.3(a) will be deemed an acceptance by you to be bound by the terms of any modification.
(c) In the event you do not agree to any such modification of these Terms you may terminate your Account and Membership in accordance with these Terms.

4.4 Cooling off
You may terminate your Membership within 7 days of us accepting you as a Member. If you terminate on this basis, all amounts of the Subscription Fee then paid to us will be refunded to you in full.

5. SUBSCRIPTION FEE AND PAYMENT
5.1 Subscription Fee

(a) The Subscription Fees are as set out on the Website and is subject to change from time-to-time.
(b) The Subscription Fee will vary in accordance with the Membership Level of the relevant Subscription.
(c) The Company reserves the right to vary or increase the Subscription Fee in accordance with your use of the Service, including by varying the Subscription Fee based on the amount of Content being stored on the Database by a Member at any given time.
(d) The Subscription Fee includes GST and any other taxes which are payable in Australia.
(e) Unless otherwise specified or agreed, the Subscription Fee must be paid in Australian dollars.

 

5.2 Payment

(a) Prior to your Account being registered, and you being deemed a Member, you will be required to pay the amount of the Subscription Fee as stated on the Website and in accordance with the timing and other requirements of these Terms.

(b) The Subscription Fee for the Service will be fixed for the Initial Subscription Term.
(c) The Subscription Fee for the Service may, at the sole discretion of the Company, increase for each or any Extension Term. If we increase the Subscription Fee during the Subscription Term, we will notify you of the increased Subscription Fee and your continued use of the Service following such notice will be deemed an acceptance by you of the increased Subscription Fee.
(d) On the date that a payment of the Subscription Fee is payable by you, you authorise the Company to charge your Preferred Payment Method for the amount due on that day. You acknowledge and agree that our authority to charge you Preferred Payment Method for each Extension Term automatically continues in full force until and unless your Membership is terminated in accordance with these Terms.
(e) If at any time there is any amount of the Subscription Fee which is outstanding and overdue for being paid by you, we may cancel, suspend or terminate your access to the Service and your Membership without further notice to you.

 

5.3 Payment Methods

(a) We will issue you with a Tax Invoice for the amount payable by you in respect of your Membership.
(b) We accept payment using your Preferred Payment Method through a third-party payment gateway provider “Stripe”. The use of Stripe is subject to any terms and conditions of that service provider.
(c) You may update your Preferred Payment Method at any time.
(d) There may be additional fees associated with your Preferred Payment Method including credit card fees or currency exchange costs (where you pay in a currency other than Australia dollars) and all such costs and fees will be borne by you.
(e) In the event that you have asked us to remember the details of your Preferred Payment Method for your next purchase or subscription, these details are handled by Stripe.

6. YOUR USE OF THE SERVICES
 

(a) You agree to not directly or indirectly use the Website, the Database or the Services to:
 

(i) upload, download, post or transmit any content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous or otherwise objectionable;
(ii) upload, download, post or transmit any content which infringes the intellectual property rights of any person;
(iii) interfere with or disrupt the Service or the servers operating the Service, the Website or the Database.

(b) The Company may from time to time and with the consent of the Member (as applicable) provide to the Member direct marketing, offers, incentives and other content matched to the Member Materials in accordance with applicable privacy laws and the Company’s privacy policy.

7. TERMINATION

7.1 Termination by us:
We may terminate your Membership:

(a) at any time, for any reason, with immediate effect by sending you notice to your nominated email address;
(b) if you fail to pay when due any amount of the Subscription Fee;
(c) if you otherwise breach your obligations under these Terms

7.2 Termination by you

You may terminate your Membership at any time, for any reason. If you terminate your Membership, you will continue to be able to access the Website, the Database and the Service for the balance of the then current Subscription Term, whereupon you will cease to be able to access the Website, Database and Service.

7.3 Effect of Termination

(a) Termination of your Membership will have the following effects:

(i) your rights to use the Service, including to access any Workspace, will cease upon the relevant date of termination;
(ii) your Account will be cancelled; and
(iii) we are under no obligation to retain or store your data or information relating to our provision of the Service to you unless required by any other law.

(b) If your Membership is terminated by us for convenience under clause 7.1(a), we will refund you within 14 days the amount which represents a pro-rated percentage of the Subscription Fee paid for the then current Subscription Term.

8. DISCLAIMER ABOUT THE SERVICES

8.1 The Company does not warrant that functions contained in the Website content or the Database, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server or servers that makes the Service available are free of viruses, malicious computer code or bugs.
8.2 To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of the Company, for any breach of a term or condition implied by law is limited at the Company’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

9. YOUR CONTENT 

9.1 Your Content is generated, owned and controlled solely by you and not by the Company. The Company does not claim any ownership rights in Your Content and hereby expressly acknowledges and agrees that Your Content remains your sole responsibility.
9.2 The Company may from time-to-time, invite or provide you with means to provide feedback regarding the Website, the Database or the Service, and in such circumstances, any feedback you provide will be deemed non-confidential and the Company shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

10. GRANT OF LICENCE

10.1 To the extent that it is necessary in order for the Company to provide the Service, you grant the Company an irrevocable, non-exclusive, royalty fee, perpetual licence to use, publish, distribute and store Your Content on the Website and/or in the Database. This licence does not grant the Company with any right to sell Your Content, the Company is not monetizing
Your Content and it does not own Your Content.
10.2 By submitting or uploading Your Content to the Website or the Database in any format, including by uploading Your Content to a Workspace, you also grant a limited licence to other Members in the same Workspace and to operators and users of any other websites, apps and/or platforms to which you have chosen Your Content has been shared or embedded
using the Service (Linked Services) to use, copy, download, listen, transmit or otherwise distribute Your Content within the parameters set by you using the Service and subject to copyright, trademark rights or other intellectual property or proprietary rights.
10.3 The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Website and/or Database. Licences with respect to audio Content and any images or text within your Account will (subject to any other part of this clause) terminate automatically when you remove such Content from your Account. Licences with respect to comments or other contributions that you make on the Website will be perpetual and irrevocable and will continue notwithstanding the termination of your Account.
10.4 Removal of Your Content, except for comments or other contributions that you make on the Website, will automatically result in the deletion of the relevant files from the Company’s systems and services, including the Database. Notwithstanding the foregoing, you acknowledge and agree that once Your Content is distributed to a Linked Service or downloaded from a Workspace by another Member, the Company is not obligated to ensure the deletion of Your Content from any services or systems operated by the Linked Service or any Member personally, or to require that the Linked Service or any Member deletes any item of Your Content.

11. REPRESENTATIONS AND WARRANTIES 

11.1 You warrant that you have all necessary rights, licences, consents and permissions necessary in order to use and publish Your Content on the Website and/or Database and via any Linked Services and agree to indemnify the Company against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these Terms.
10.2 Your Content and the availability and use thereof on the Website and/or the Database does not and will not infringe or violate the rights of any third party, including but without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

12. COLLABORATION IN WORKSPACES

12.1 You acknowledge that the Website and Database is created, managed, and administered by the Company and may provide opportunities for Members to communicate and collaborate with other Members. However, the Company is not responsible for, or adopts as a statement of its own, any content posted by other Members, such as comments or other material.
12.2 You recognise that the Company cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the Website or the Database submitted by Members.
12.3 Notwithstanding the above, the Company may monitor the content of the Website and Database from time to time and may remove any content it deems to be inappropriate or unacceptable to protect itself and its Members.

13. COMPANY CONTENT

13.1 The Company grants to you a limited, non-exclusive right to access and use the Website, the Database and all other content and materials associated with the Service which are owned by the Company (and for the avoidance of doubt includes the copyright and other intellectual property rights In the text, graphics, videos, information, designs, data, software, logos, brand names and other content incorporates into the Website and Database) (Company Content) for the purpose of using and enjoying the Service (Access Right). The Access Right ends when your Subscription Term expires, or your Membership is otherwise terminated in accordance with these Terms.
13.2 You must not copy or reproduce the Company Content or any other element of the Website or Database by any means or in any form without the Company’s prior written consent, except to the extent strictly required for you to access and use the Service. You are solely responsible for your use of the Company Content and must ensure that the Website and the Database is protected at all times from misuse, damage, destruction or any form of unauthorised use. You acknowledge that in the event that the Company modifies, enhances, updates or upgrades any other part of the Service, these Terms apply to that Service part.
13.3 Requests and inquiries concerning reproduction and rights should be addressed to hello@releasr.online

14. INTELLECTUAL PROPERTY

14.1 Unless otherwise indicated, the Company owns the Company Content. All rights (including but not limited to intellectual property rights) in the Service, Website, Database and Company Content will remain the property of the Company in all respects, regardless of whether or not such modifications or alterations were authorised by the Company (pursuant to these Terms, or otherwise). All trademarks appearing on the Website belong to their respective owners.
14.2 You acknowledge that the grant of the Access Right and these Terms do not include any transfer of title or ownership to you of any rights in the Services, Website and the Company Content (including any associated intellectual property rights, which include but are not limited to rights of copyright).

15. ONGOING OBLIGATIONS

15.1 These Terms and Conditions, as modified by the Company from time to time, will apply to you for so long as you access the Website or use the Services. Any clause of these Terms and Conditions which by its nature or effect is intended to continue to apply to you after you stop accessing Website or using the Services, is capable of doing so, or is expressly stated to do so, and will continue in full force and effect after you stop accessing the Website or using the Services.

16. NO RESALE OF SERVICES 

16.1 You agree not to directly or indirectly (or procure or cause any other person to) use, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website, Database or the Service which is not Your Content.

17. COOKIES

17.1 You acknowledge that and agree that the Company may, from time to time, use cookies in connection with the Website, for purposes included but not limited to storing your Website preferences, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Service to you. You acknowledge that if you set your computer to block all cookies, you may restrict your access to certain features of the Website and the Service.

18. DATABASE STORAGE 

If you terminate your Membership and/or Account, the Company does not make any representation that it will retain Your Content. You should download and back up Your Content prior to the termination of the Account holding the Workspace.

19. GENERAL

19.1 Entire Agreement
These Terms and Conditions set out the entire agreement between you and us in relation to your use of the Website and the Service.
19.2 Waiver and Severability

(a) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
(b) If any part of these terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms will continue in force.

19.3 Updates and Amendments

(a) The Company may from time-to-time and at its discretion amend these Terms and Conditions and publish updated Terms and Conditions on the Website. Your continued use of the Website and the Service will be subject to any updated Terms and Conditions.
(b) The Company may discontinue the availability of the Service, change how you may access the Website or the Service or modify, suspend or discontinue your access to the Service or Website without prior notice to you.

19.4 Governing Law
These Terms and Conditions are to be governed by and construed in accordance with the laws of State of Victoria, Australia. If any terms of the Terms and Conditions conflicts with the  provisions of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. The Website may be accessed from outside Australia. The Company makes no representation that the Services or Company Content available through the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

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