www.Blacklist.org.au (the "Site") is owned by Blacklist Music ("BM").

The Site is a music oriented content and information website.

1. Facilities

  1. The Site is a platform which:
    1. enables indigenous musical artists ("Artists") to post information regarding themselves as well as musical content owned and/or created by them;
    2. enables users of the Site, including Artists (collectively "Users"), to access information and musical content on the Site;
    3. facilitates contact between Artists and Users;
    4. enables Users to purchase Artists' musical content, (collectively "Facilities").
  2. Your use of the Site is subject to compliance with these Terms and Conditions.

2. Acceptance

  1. These Terms and Conditions govern your use of the Site.
  2. By using the Site, you expressly agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other policies or guidelines applicable to the Site from time to time ("Policies"). The Policies are hereby incorporated by reference into these Terms and Conditions.
  3. You should read these Terms and Conditions carefully.
  4. BM reserves the right to modify or amend these Terms and Conditions from time to time and such modification or amendment will be effective upon such posting by BM on the Site. Your continued use of the Site after BM posts revised Terms and Conditions signifies your acceptance of the revised Terms and Conditions. It is therefore important you review these Terms and Conditions each time you use the Site to ensure you are updated as to any changes governing your use.

3. Registration and Account

  1. Certain Facilities will require the User to produce data and register as a registered User ("Registered User") and/or a registered Artist ("Registered Artist"). By becoming a Registered User and/or Registered Artist, you represent and warrant that:
    1. all registration information you submit is up to date, truthful, accurate and complete;
    2. you will maintain and promptly update your registration information to keep it up to date, truthful, accurate and complete; and
    3. your use of the Site does not or will not violate any applicable law or regulation.
  2. If you provide any information that is untrue, inaccurate, not current or incomplete, or BM has reason to believe that such information is untrue, inaccurate, not current or incomplete, BM has the right to suspend or terminate your Site membership and refuse any and all current or future use of the Site.
  3. If you become a Registered User and/or Registered Artist, you will receive a user ID and a password and an account will be set up. Your account is non-transferable. Your account may not be dealt with in any way. In particular, you must not allow others to use your account and you must not transfer or sell your account to another party. While you are a Registered User and/or Registered Artist, you must maintain control of your account. You are solely responsible for what occurs on your account and the contents of your transmissions through the Site. You must report any unauthorised use of your account, user ID or password to BM.
  4. Your use of the Site is subject to all applicable state, national and international laws and regulations.

4. Conditions of Use

  1. Subject to clause 4.2, the Site is for the personal use by Users.
  2. Registered Artists may also use the Site to promote and sell their musical Content. Other commercial uses of the Site may only be implemented by the User if they are specifically endorsed or authorised by BM.
  3. BM reserves the right to remove commercial Content in its sole discretion.
  4. Illegal and/or unauthorised use of the Site, including collecting user ID and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorised solicitation may be removed from the profiles of Registered Users or Registered Artists without notice or explanation and may result in termination of the account.
  5. BM reserves the right to take appropriate legal action for any illegal or unauthorised use of the Site.

5. Privacy

All personally identifiable information that you submit through or in relation to the Site is collected and used by BM in accordance with its Privacy Policy. You can review the Privacy Policy at www.Blacklist.org.au.

6. Term & Termination

  1. These Terms and Conditions, and any posted revision to these Terms and Conditions, shall remain in full force and effect while you use the Site and/or are a Registered User and/or Registered Artist.
  2. If you are a Registered User and/or Registered Artist:
    1. BM may suspend or terminate your account and your access to the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability;
    2. you may terminate your account at any time by using the tools provided on the Site; and
    3. the termination of your account from the Site will take effect immediately.
  3. Even after your right to access the Site and your account is terminated, all provisions of these Terms and Conditions which impose obligations continuing in their nature shall remain in effect and shall survive termination.

7. Content Posted on the Site

  1. You acknowledge and agree that:
    1. you are solely responsible for all information, code, data, text, software, music, sound, photos, images, graphics, video, messages, chat, files or other materials ("Content"), whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on the Site;
    2. you are solely responsible for ensuring that all Content that you post on the Site or transmit to Users conforms to all laws, including, but not limited to, applicable data protection and privacy laws ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on the Site;
    3. BM does not control the Content posted on the Site by the Artist, and, as such, does not guarantee the accuracy, integrity or quality of such Content;
    4. by accessing the Site and/or using the Facilities, you may be exposed to Content that may be deemed offensive, indecent or objectionable;
    5. you use the Site and Facilities at your sole risk;
    6. under no circumstances will BM be liable in any way to you for any breach by Users, including, but not limited to, illegal downloading of Content or for any loss or damage of any kind incurred as result of the illegal downloading of Content by Users; and
    7. under no circumstances will BM be liable to you or any other third party in any way for any Content on the Site, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as result of the use of any such Content posted, emailed or otherwise transmitted via the Facilities.
  2. BM may delete any Content on the Site for any or no reason, including Content that in the sole judgment of BM violates these Terms and Conditions or which may be offensive, illegal or violate the rights of any person or entity.
  3. BM assumes no responsibility for monitoring the Site and the use of the Facilities for inappropriate Content or conduct. If at any time BM chooses, in its sole discretion, to monitor the Site and the use of the Facilities, BM nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Users posting such Content.
  4. You expressly acknowledge and agree that BM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
    1. comply with legal process;
    2. enforce the Terms and Conditions;
    3. respond to claims that any Content violates the rights of third-parties; or
    4. protect the rights, property, or personal safety of BM, Users and the public.
  5. BM claims no ownership interest in any of the Content posted on the Site by any User, and the copyright to all such Content remains with its original owner. After a User posts Content to the Site, that User continues to retain any such rights that he/she may have in such Content, subject to the limited licence herein. By posting Content on the Site, the User automatically grant to BM, and represents and warrants that he/she has the right to grant to BM, a non-exclusive, transferable, royalty-free, worldwide licence (with the rights to sub-licence) to use, copy, perform, display, reformat, reproduce, transmit, and distribute such Content and to publish or promote such Content in connection with the particular Facilities. Users may remove such Content from the Site at any time and the licence granted above will automatically terminate.
  6. You represent and warrant that:
    1. you have all legal rights necessary to publish the Content on the Site or that you own such Content; and
    2. the posting of your Content on or through the Site does not violate any applicable laws, including, but not limited to, privacy rights, intellectual property rights, copyrights, contract rights or any other personal or proprietary rights of any person or entity or contain any defamatory Content; and
    3. you will pay for all royalties, fees and other monies owing to any person or entity by reason of any Content posted by you on or through the Site.

8. Prohibited Conduct

You agree that you will not use the Site and the Facilities to:

  1. restrict or inhibit any User from using or enjoying the Site or the Facilities;
  2. upload, post or transmit any Content that is unlawful, harmful, threatening, abusive defamatory, obscene, tortious, vulgar, pornographic, profane, indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  3. upload, post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. upload, post or transmit any material of any kind which contains a virus or other harmful component;
  5. upload, post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising, except as contemplated in clause 4.2;
  6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  7. download any file posted by any User if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;
  8. exploit people in a sexual or violent way;
  9. impersonate any person or entity, including, but not limited to, a BM official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  10. employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Site;
  11. upload, post or transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  12. upload, post or transmit, or post links to any Content that facilitates hacking;
  13. upload, post or transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  14. upload, post or transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site;
  15. use automated means, including additional computers, software and scripts to increase the number of plays of songs of any particular Registered Artist on the Site or increase traffic to the Registered Artist's Content;
  16. use automated means, including spiders, robots, crawlers, or the like to download data from any the Site;
  17. conduct your own contests and promotions;
  18. upload, post or transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants;
  19. modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from the Site;
  20. sell distribute, or make any commercial use of data obtained from the Site or make any other use of data from the Site in a manner which could be expected to offend the person for whom the data is relevant;
  21. create and maintain a User account or profile on the Site that contains hyperlinks to content not permitted on the Site;
  22. interfere with or disrupt the Site or servers or networks connected to the Facilities, or disobey any requirements, procedures, policies or regulations of networks connected to the Facilities;
  23. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  24. upload, post, email, otherwise transmit, or post links to any material that is false or misleading;
  25. disobey any BM employee or representative or interfere with any action by any BM employee or representative to redress any violation of these Terms and Conditions;
  26. access the Artist's administration area of the Site after your account or access has been terminated by BM;
  27. fail to complete any transaction after submitting an order to purchase Registered Artists' musical content;
  28. submit any order to purchase Registered Artists' musical content where you do not intend to complete the transaction;
  29. purchase any Registered Artists' musical content that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction – the responsibility for ensuring compliance with all such laws shall be the User's alone – by submitting an order to purchase musical content, your represent and warrant that you have the legal right to purchase such content;
  30. use any software deployed in connection with the Site to process data as a service to other entities without the express written consent of BM or the party from whom such software may be licensed;
  31. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site; or
  32. upload, post or otherwise transmit, or post links to any material, or act in any manner that is offensive to the BM community or the spirit of these Terms and Conditions.

9. Registered Artists' Profiles

  1. Registered Artists are invited to post Content to their profile ("Profile") subject to the following limitations:
    1. BM may limited the amount of bandwidth dedicated to any account; and
    2. BM reserves the right to display advertising on Profile pages.
  2. Under no circumstances may a Profile be used to infringe the copyright or any other right of any person or entity.
  3. BM reserves the right to modify or discontinue the Facilities at any time, and you are encouraged to maintain back-up copies of the Content you post on your Profile.
  4. All Users acknowledge and agree that information contained on Artists' Profiles may contain inaccurate, inappropriate or offensive material for which BM assumes no responsibility or liability.

10. Registered Artists Only - Sales, Fees & Payment

  1. The Site allows Users to purchase Registered Artists' musical content.
  2. Users will purchase the music using a credit card and the funds will be paid into a bank account held in BM's name.
  3. Each 6 months, BM will prepare a sales report in relation to the music purchased by Users during the previous 6 months. The report will provide the total sales for each Registered Artist for that month ("Sales").
  4. From each Registered Artist's Sales, BM will withhold percentage of sales, to a maximum of 10%, they consider reasonable to cover all costs incurred in relation to the Site and the Facilities, including, but not limited to, website hosting fees and bank facility charges ("Fees").
  5. After the Fees have been deducted from each Registered Artist's Sales, the remaining balance will be paid to the respective Registered Artist by electronic transfer into his/her nominated bank account or via cheque within 10 days of the 6 month.
  6. Refund Policy: Our policy is that refunds are not available.
  7. All prices listed are in Australian dollars (AUD) and are GST inclusive.

11. Disclaimer

  1. The Site and the Facilities are provided to you by BM "as is". To the fullest extent permitted by law, BM excludes any and all warranties (whether express or implied) relating to the Site and the Facilities, including, but not limited to, warranties concerning:
    1. merchantability and fitness for a particular purpose;
    2. the Site meeting your particular interests and requirements;
    3. the material on the Site being accurate, complete and reliable;
    4. the Site and the server being available and free of defects, technical problems or viruses;
    5. the security, reliability and availability of the Site (including any storage facilities);
    6. the performance of the Facilities;
    7. the confidentiality of information transmitted to or from the Site;
    8. any other products or services advertised on the Site; and
    9. any information or advice obtained on the Site.
  2. BM disclaims any responsibility for the deletion, failure to store and incorrect or untimely delivery of any Content.
  3. You expressly acknowledge and agree that BM disclaims:
    1. any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of the Site, the Content posted on or transmitted from the Site; and
    2. any responsibility or liability for any harm resulting from downloading or accessing any Content through the Facilities, including, without limitation, for harm caused by viruses or similar contamination or destructive features.
  4. You understand and agree that any Content downloaded or otherwise obtained through the use of the Site and/or the Facilities is done at your own discretion and risk and that you will be solely responsible for any damages to you, your computer system or loss of data that results in the download of such material.

12. Limitation of Liability

  1. To the fullest extent permitted by law, BM excludes any and all liability for any direct, indirect, incidental or consequential loss, damage cost or expense (even if BM has been advised of the possibility of such loss), however or wherever incurred, including but not limited to any loss, damage, cost or expense that result from:
    1. your use or misuse of or reliance on the Site, the Facilities or the Content;
    2. the use or misuse of the Site, the Facilities or the Content by other Users or the conduct of other Users on or through the Site, including infringement of a Registered Artist's Content;
    3. your inability to access or use the Site or the Facilities;
    4. the loss or modification of Content transmitted to or from the Site;
    5. the loss of confidentiality of Content transmitted to or from the Site;
    6. any defect, technical problem or virus attached to or arising from the Site or the server;
    7. the interruption, suspension, or termination of the Site or the Facilities (including loss incurred by third parties);
    8. the performance or non-performance of the Facilities;
    9. loss of access to, deletion of, failure to store, failure to back up, or alteration of Users profiles or other Content stored throughout Site, through hacking or otherwise; or
    10. any injury or illness you or any other person sustains as a result of use of the Site or the Facilities.

13. Indemnity & Release

  1. By using the Site you agree to indemnify BM and its parents, subsidiaries, related entities, officers and employees, and hold them harmless from any and all loss, damage, demand, cost, claim or expense, including legal fees, arising from your use of the Site or the Facilities.
  2. By using the Site and/or the Facilities, you are hereby agreeing to release BM and its parents, subsidiaries, related entities, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Site or the Facilities.

14. Intellectual Property

  1. The general structure of the Site and the elements contained in it, including the source code, the object code and the design, (as well as logos, trade marks, designs and domain name, whether registered or unregistered) other than the Content uploaded by the Artist, are the exclusive property of BM ("BM Intellectual Property").
  2. Nothing contained in the Site should be construed as giving you any right in or licence to any of BM's Intellectual Property.

15. Advertisers and Content Linked to the Site

  1. The Site may provide links to other sites or resources located on the World Wide Web by allowing Users to leave the Site to access third-party material or by bringing the third party material into the Site via "inverse" hyperlinks and framing technology. BM has no control over such sites and resources.
  2. You acknowledge and agree that BM:
    1. is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other material on or available from such sites or resources; and
    2. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on such content, goods or services available on or through any such site or resource.
  3. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

16. Disputes

  1. You must not start arbitration or court proceedings (except proceedings seeking injunctive, declaratory or interlocutory relief) in respect of a dispute arising out of or relating to these Terms and Conditions ("Dispute") unless:
    1. you have notified BM giving details of the Dispute;
    2. during the 21 day period after a notice is given (or longer period agreed in writing by BM) ("Initial Period") both parties to the Dispute ("Disputants") must use its best efforts to resolve the Dispute; and
    3. if the Disputants are unable to resolve the Dispute within the Initial Period, the dispute is referred for mediation.
  2. If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, the mediator will be a mediator nominated by the then current President of the Law Institute of Victoria (or the President's nominee). The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
  3. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
  4. Each Disputant must bear its own costs of complying with this clause and the Disputants must bear equally the costs of any mediator engaged.

17. Relationship of Parties

You acknowledge and agree that you and BM are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship. Neither party pursuant to these terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

18. Governing Law

These Terms and Conditions will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

19. Severance of Clauses

If any clause of these Terms and Conditions is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and Conditions and it will not affect the validity and enforceability of the remainder of the Terms and Conditions.

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