User Terms and Conditions
For the Use of the Afrombira website

These terms and conditions (“Terms”) apply to the use of the Website and any all related applications, players, widgets, tools, resources, software and other services provided by us (together, the “Services”). By using the Website or the Services, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using the Website or the Services. These Terms must be read in conjunction with any other applicable terms and conditions governing the use of the Website and our Services.

1. TERMINOLOGY

In these Terms, the expressions “we”, “us” and “our” are a reference to Afrombira Pty Ltd ABN 28 620 740 972.

“Content” means anything a User uploads or makes available to or via the Website, playlists of sound recordings or video material, photographs, images and other material, information or data.

“User” means any person accessing the Website and/or Services provided on the Website.

“User Profile” is the area of the website where a registered User can create a profile about the registered User.

“You” (and related grammatical terms such as “your”) means any User.

“Your Composition(s)” means the song or musical work, including the lyrics and music content, of which you are the composer and copyright owner, or are licensed by the copyright owner, to copy or reproduce in a material form, store, distribute, transmit, publish, display, perform, or to communicate the work to the public and deal with it in any way.

“Your Sound Recording(s)s and Video(s)” means any sound recordings, audio material, video material, audio-visual recordings and/or cinematographic film (“Recording”) incorporating the performance of Your Composition, of which you are the creator of all works and other copyright material incorporated in the Recording, or where you are licensed by the owner of any musical work(s) and any other copyright material that is incorporated in the Recording, to copy or reproduce in a material form, store, distribute, transmit, publish, display, perform, or to communicate the Recording to the public and deal with it in any way.

“Website” means (http://www.afrombira.com).

2. AMENDMENTS TO TERMS

  • We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon publication on the Website. Your continued use of the Website following such a.publication will represent an agreement by you to be bound by the Terms as amended. The amended Terms will take effect from the next time you log into the Website or use the Services. If you do not agree with the amendments, then you must stop using the Website and Services. Your continued use of the Website and services is subject to our current Terms as amended from time to time.

3. REGISTERED USER

  • There are 2 membership levels for Users:
    • Free access: which allows Users limited access to the Website and the Services: you can only create one private playlist of available sound recordings and/or video material, you cannot skip ads and you cannot upload Your Composition(s) and/or Your Sound Recordings and Video(s); and
    • Premium access: which allows Users full access to the Website and the Services, including the ability to upload Your Composition(s) and/or Your Sound Recordings and Video(s) under your profile for your own use and this material will not be available to any other Users to access. Premium Users also have the ability to skip ads and you can create playlists of available sound recordings or video material without restrictions.

    A User with free access has the option to upgrade to premium access to obtain access to the full functionality of the Website.

  • You must register in order to gain access to the Website and the Services.
  • You can register and login using external account providers including Facebook, Twitter, Microsoft and Google you can create an account login by registering, awaiting confirmation email from us to confirm your identity and setting up a password.
  • You agree to ensure that your registration details are accurate and up to date and that you will keep your user name and password (the ‘login information’) confidential and private at all times. You must not share your password or login details with any other person.
  • By registering an account or by accessing the Website, you represent and warrant that you are:
    • 18 years of age or older, or you have reached the applicable age of majority in your jurisdiction so that you have the power to enter a binding contract with us; or
    • if you are under 18 years of age or the age of majority in your jurisdiction, that you are 13 years of age or older and your parent(s) or legal guardian(s) have explicitly given you permission to use the Website.
  • Unless otherwise expressly stated, all subscription fees or other sums payable for Premium Access are exclusive of Goods and Services Tax (GST). Your subscription fees must be paid on time in accordance with our Premium Access subscriber terms in order to be able to access the Services. Any late payment or failure to pay may result in your account being suspended. Your credit card information is not stored on the Website.

4. UPLOADING MATERIAL TO THE WEBSITE

  • By uploading Your Composition(s), Your Sound Recordings and Video(s) and/or any Content, you grant us a worldwide, non-exclusive, royalty-free, license to copy or reproduce in a material form, store, distribute, transmit, publish, display, perform, or to communicate Your Composition(s), Your Sound Recordings and Video(s) and/or any Content to the public on or via the Website and our Services;
  • You may limit the availability of Your Composition(s), Your Sound Recordings and Video(s), including, but not limited to, using the functionality available on the Website to keep it private. We, as administrators and owners of the website will at all times, have access and control of the Content. It will remain in and be restricted to your own playlist.
  • We cannot control the quality, including light, sound, image quality and other software issues that may affect the communication of Your Composition(s), and/or Your Sound Recordings and Video(s). The quality of the final display is dependent on the clarity of the recording and/or other technical and environmental factors under the control of the end User.
  • The licence to us in Your Composition(s) and/or Your Sound Recordings and Video(s) will terminate automatically when you remove such material from your account.
  • The licence to us in the Content and other contributions that you make on Website will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

5. PURPOSE OF THE WEBSITE

  • The Website is a hosting service, we are a third-party facilitator only for the purposes of providing access to sound recordings and/or video material using our Services.
  • You agree that the Website and our Services are made available to you for non-commercial purposes only and that you will not use the Website and our Services for any commercial purpose.
  • By using our Website and our Services, you acknowledge and agree:
    • We do not own Your Composition(s), Your Sound Recordings and Video(s). You warrant you are the sole owners of Your Composition(s), Your Sound Recordings and Video(s) at all times and in all formats. You are fully responsible for the dissemination and distribution of Your Composition(s), Your Sound Recordings and Video(s), at all times and any claims from third parties relating to Your Composition(s), Your Sound Recordings and Video(s), including, but not limited to:
      • othat you are the author and copyright owner of Your Composition(s) and/or Your Sound Recordings and Video(s) and/or you have the permission of the copyright owner to record, upload and publish any work or other material incorporated in Your Composition(s) and/or Your Sound Recordings and Video(s);
      • that you have obtained the licence and permission of the owner or music publisher of musical works or owner of sound recordings to record, upload and publish any sound recording or audio-visual recording that is a cover version of a song, remix, mash-up or DJ set or track that samples sound recordings; and
      • that you have the right to license us the right to copy or reproduce in a material form, store, distribute, transmit, publish, display, perform, or to communicate the work to the public and deal with Your Composition(s), Your Sound Recordings and Video(s) in any way on or via the Website and our Services in accordance with these Terms.
    • You agree we are in no way responsible for the Content, including but not limited to anything contained that may be considered offensive, illegal or otherwise inappropriate arising in or as part of the Content;
    • We may, but are not obligated to, monitor and/or remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms;
    • You agree not to use the Website in such a way as to overburden, damage or disable the Website or to prevent or interfere with any other user accessing the Website; and
    • You agree not to use the Website and our Services for anything that is illegal, abusive, offensive or otherwise inappropriate. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
  • By using our Website and Services, you agree to the following terms:
    • Any Content that you post to our Website will abide by our Terms and will be made in the spirit, culture and ethos of the Website;
    • You will not harass or stalk any User, impersonate any other person or collect information about other Users;
    • You agree that we can at any time, in our sole discretion, remove any Content or other contribution and block your access to our Website without notice.
    • (4)You must not post Content or other contribution that:
      • encourages illegal intent
      • exploits minors
      • shows or contain cruelty to animals
      • shows or contain extreme violence
      • shows or contain illegal activities
      • is abusive or malicious against any other person, our staff or any third party

6. ACCESS TO CONTENT

  • Subject to your strict compliance with these Terms, you are granted a non-exclusive, revocable, personal (non-assignable and non-transferable) right and license to use our Website and our Services.
  • b.We reserve the right at any time and from time to time to modify, suspend or discontinue the Website and our Services with or without notice, including, but not limited to, blocking, removing or deleting:
    • any Content that is reported to us as inappropriate by any third party which we determine breaches these Terms; or
    • your Composition(s) and/or Your Sound Recordings and Video(s) that is reported to us as violating any law or the rights of a third party.

We shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website and our Services.

7. USE OF THE WEBSITE, APPS AND/OR SERVICES

  • Unless otherwise specified, the Website and our Services are for your personal use only. You may not adapt, modify, copy, communicate, distribute, transmit, display, perform, reproduce, store, publish, license, create derivative works from, transfer, licence or sell any material, information, software, products or services obtained from the Website that are not your own intellectual property.
  • We will use our best endeavours to ensure the Website and our Services are always available and virus free but from time-to-time, however in some instances, this may not be the case as it may be out of our immediate control.
  • c.You agree that you will not do any of the following:
    • up-load, post or transmit any viruses, malware, trojans, worms or any other forms of malicious computer script to our Website;
    • use any robot, spider, scraper or other automated means to perform searches on our Website; or
    • copy, disassemble, decompile or reverse engineer the Website and our Services.

8. USE OF THIRD PARTIES TO DELIVER SERVICES

  • You agree and acknowledge that our Website and our Services uses third party vendors and hosting partners to provide the necessary software, hardware, data storage and communication technology.
  • We may supply links to third parties and advertisers on our Website from time to time. We do not endorse their products or services, nor do we provide guarantees or provide warranties as to the quality of the goods or services offered by third parties. You agree that you are responsible for all interaction between you and any third party. You use any such link entirely at your own risk and agree to indemnify us against any claims whatsoever that may arise out of your use or purchase of goods or services offered by third parties on our site.
  • c.We also use affiliated service providers to assist us to provide you with the Services. These parties are all under the same or similar privacy restrictions as our requirements under the Australian Privacy Principles.
  • Some of our Services maybe dependent upon third party operated platforms and online services and may require you to be a registered user of those online services and platforms and or to provide your account details to be able to use the Website and our Services.

9. CANCELLATION AND TERMINATION

  • If you want to cancel your subscription to our Services, you must terminate your account using the customer information form on our Website.
  • Users agree that we may, in our sole discretion, terminate or suspend your access to the Website and our Services with or without notice and for any reason, including, without limitation:
    • your breach of these Terms;
    • any suspected misleading or deceptive, fraudulent, abusive or illegal activity you engage in, or benefit from, in relation your use of our Services; or
    • you providing false or misleading information when you complete the registration form to subscribe to the Services provided on our Website or when you change your personal information on our Website.
  • Upon such termination or suspension of a User’s account, regardless of the reasons, the right of the User to access and use the Website and our Services immediately ceases and we may immediately deactivate or delete the User’s account and all related information and files. We are not obligated to return any information or files to you. We will not be liable to the User, whose account has been terminated or suspended, for:
    • any refund of subscription fees; or
    • any claims or damages made by the User arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
  • We reserve the right to disclose the name and any other personal information of a User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

10. WARRANTIES

  • You represent and warrant to us that:
    • Your Composition(s) and/or Your Sound Recordings and Video(s), and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions, including but not limited to performer’s rights, that are necessary in order to permit us to copy or reproduce in a material form, store, distribute, transmit, publish, display, perform, or to communicate the work or material to the public in any way on or via the Website and our Services;
    • Any Content that you upload or make available to or via the Website does not and will not infringe the rights of any third party, including without limitation, rights in confidential information, rights of privacy or publicity, copyright or trade mark rights in registered or unregistered trade marks; and
    • Any Content that you upload or make available to or via the Website is not defamatory of any person.

11. DISCLAIMER

  • a.You agree that we are not liable for loss, damage or corruption of Your Composition(s) and/or Your Sound Recordings and Video(s) that you may upload to our Website.
  • You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Website and our Services. In no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

12. SPECIFIC WARNINGS

  • You must ensure that your access to the Website and our Services is not illegal or prohibited by laws that apply to you.
  • You must take your own precautions to ensure that the process that you employ for accessing the Website and our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website and our Services.
  • Responsibility for the Content appearing on the Website (including hyperlinks to other websites) rests solely with the User uploading the Content. The placement of Content on the Website does not constitute a recommendation or endorsement by us of the Content and the User uploading the Content is solely responsible for any representations made in relation to the Content.
  • We make no warranty that the Services supplied using the Website will meet your requirements. In particular, we make no warranties of merchantability or fitness for a particular purpose.
  • Details contained on the Website relating to items or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Website concerning those items or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not access the Website and our Services.
  • Your use of the Website and our Services is done at your sole risk. The Website and our Services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
  • Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13. Australian Consumer Law

  • Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
  • Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for the Statutory Rights.
  • Except for the Statutory Rights, the Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
  • When the Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
    • The supply of any services again; or
    • The payment of the cost of having any services supplied again.

14. INDEMNITY

  • You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) your Composition(s), Your Sound Recordings and Video(s) and/or any Content posted or submitted by you to the Website violating any law or the rights of a third party, (iii) your misuse of the Website, Apps and/or Services, and (iv) any unauthorised use of the Website, the Apps and/or Services by you or anyone obtaining your login information.
  • This indemnity survives any termination of contract.

15. COPYRIGHT

  • All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.
  • All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.
  • Users agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Website and our Services.
  • Any unauthorised use of material appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

16. PRIVACY AND SECURITY OF INFORMATION

  • We will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to personal information you provide to the Website. We will use all reasonable efforts to maintain the security of the personal information provided to the Website.
  • We reserve the right to disclose a User’s name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
  • We may share your personal information with our service providers in order to provide the Services.
  • To reduce the risk of fraud or misuse of personal information, we and our designated service providers may verify your personal information with third party service providers.
  • Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, subject to our obligations under the APPs, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

17. NO ASSIGNMENT

We may assign the benefit of this agreement and/or delegate any of our obligations under this agreement. You may neither assign nor transfer your rights under these Terms to any third party.

18. PARTIAL INVALIDITY OF PROVISIONS

If any provision of these Terms is void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provisions of this agreement; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.

19. GOVERNING LAW

These Terms are governed by the laws of {Australia} which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of {Australia} for determining any dispute concerning these Terms.

These Terms were last modified on 02/12/2017 and are effective from that date.

20. TO RETURN TO THE WEBSITE

To return to the Website, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above Terms of use.