Set forth below are the terms and conditions (these "Terms and Conditions")
governing the Bigoz Music Pty Ltd web site located at, or linked to through, the
root URL www.bigozmusic.com.au, which may expand or change from time to time (the
"Website"). As used herein, the term "Bigoz Music" refers to
Bigoz Music, Bigoz Music Pty Ltd, the sole owner (s) and operator of the Website;
the term "you" or "your" refers to an individual, representing
yourself or, if applicable, acting as legal representative for a group, business
entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR
RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS
SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Use of Materials Found on the Website: The information, artwork,
text, video, audio, pictures, software and other intellectual property (collectively,
"Materials") contained on the Website are protected by copyright and international
laws. You may only access and use the Materials for personal or educational purposes
or as expressly provided for in applicable Bigoz Music program terms and conditions.
You may not otherwise reproduce, distribute, publicly perform, publicly display,
modify or create derivative works of the Materials, unless authorised by the appropriate
copyright owner(s). In the event that you print Materials found on the Website,
you must include any copyright notice originally included with the Materials on
all copies. You may not link directly to any media file located on a Bigoz Music
server, except where explicitly allowed to do so. You should not attempt to claim
any Materials as your own work. Any computer software downloadable or otherwise
available on the Website is provided subject to the terms of the applicable license
agreement. Before using any Bigoz Music logo or trademark, please contact Bigoz
Music.
Copyright and Trademark Infringement Policy and Notification Procedure:
Bigoz Music does not own the musical compositions, sound recordings, art or other
written or visual images (collectively, the "Content") posted by third
parties to the Website. All Content is posted by an individual, group or company
(collectively, the "Artist") who has represented and warranted to Bigoz
Music that, among other things, neither the Content nor the names, trademarks and
service marks under which Content is promoted (collectively, the "Name")
infringes any third party's copyright, patent, trademark, trade secret or other
proprietary rights, rights of publicity or privacy, or moral rights.
Since Bigoz Music is not in a position to determine who has the prevailing claim
to use any particular Content or Name posted to the Website, its policy on such
matters is that they be resolved directly by the parties alleging misuse of their
Content and/or Name (the "Complainants") and the Artists. We recommend
that Complainants immediately notify Artists about allegations of infringement by
going to the Artist's page on the Website, clicking the Contact link and contacting
the Artist directly. It has been Bigoz Music�s experience that most Artists are
honest and responsible citizens who may not realise they are engaged in infringing
activities. Typically, once notified of a claim, Artists voluntarily cease using
such infringing Content and/or Name on the Website and elsewhere.
Complainants may notify Bigoz Music concerning any Content and/or Name being used
on the Website in violation of their rights by sending an email to
info@bigozmusic.com.au Bigoz Music only shall use information provided by
Complainants in accordance with its then-current Privacy Policy and as reasonably
necessary to address any allegations contained therein, which may include disclosing
some or all of the information to Artists. In most cases, soon after receiving written
notice alleging infringement, Bigoz Music will either remove the allegedly infringing
Content and/or Name from those web pages identified or, at its election, remove
those web pages.
Refund policy: Bigoz Music does not offer refunds. If there are
any issues with a service or an ordered item please contact Bigoz Music immediately,
we aim to solve any issue amicably. All services can be cancelled anytime for any
reason. Cancellations by the individual, group or company that signed up for a particular
service (collectively, the "Subscriber") will be effective after the paid
period. Bigoz Music reserves the right to cancel any services it provides, for any
reason at any time without notification. If Bigoz Music cancels a service and a
term applies to that service, The Subscriber will be entitled to a pro-rated refund
of the payment made for the remaining unused period of the service term. No refund
will be given if the user violated the Terms and Conditions of Web Site Use, or
the Terms of Service Agreement or any other Agreement in place with Bigoz Music.
Any Service can be cancelled by emailing info@bigozmusic.com.au
with cancellation request and artist name or order ID. Cancellation will be confirmed
by email.
Your Conduct: You shall use the Website for lawful purposes only.
You shall not post or transmit via the Website any material which violates or infringes
in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law, or which, without Bigoz Music�s express
prior approval, contains advertising or any solicitation with respect to products
or services.
In addition, if we feel that a user abuses the Bigoz Music site in any way, we reserve
the right to share certain information with third parties. Abuses include (but are
not limited to) possible copyright infringement, possible libel and slander, possible
credit card fraud. Bigoz Music reserves the right to refuse service, terminate accounts,
and/or cancel orders at its sole discretion and without notification.
Content: The Website offers a wide selection and variety of content
to our members and users. Content may contain profanity or otherwise inappropriate
or offensive material for children or other members and/or users. Members and/or
users must evaluate and bear the risk associated with the use of the Website and
related services. Bigoz Music suggests that parents should supervise their children�s
on-line activities and consider using parental control tools available to help provide
an appropriate on-line environment for their children. Users are also encouraged
to contact Bigoz Music for evaluation of possible offensive material. Bigoz Music
reserves the right to act on such notices at its sole discretion.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE
AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGOZ MUSIC
PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY
MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, BIGOZ MUSIC PTY LTD MAKES NO REPRESENTATION
THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. BIGOZ MUSIC
PTY LTD WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON
THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED
IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE
OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION,
ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL BIGOZ MUSIC PTY
LTD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED
THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION
LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION
OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU
AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY
BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Website, Materials
or related services, you agree to release and hold Bigoz Music and the employees,
officers, directors, shareholders, agents, representatives of Bigoz Music, its affiliates,
subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling,
controlled by or under common control with Bigoz Music, any third-party providers
or sources of information or data and legal advisers (collectively, " Bigoz
Music Affiliates") harmless from any and all losses, damages, rights, claims
and actions of any kind arising from or related to the Website, Materials or related
services including but not limited to: (a) telephone, electronic, hardware or software,
network, Internet or computer malfunctions, failures or difficulties of any kind;
(b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition
caused by events beyond the control of Bigoz Music that may cause the Website or
related services to be disrupted or corrupted; (d) any injuries, losses or damages
of any kind arising in connection with or as a result of your use of the Website,
Materials or related services; or (e) any printing or typographical errors in any
materials associated with the Website, Materials or related services. In addition,
you agree to defend, indemnify and hold Bigoz Music Affiliates harmless from any
claim, suit or demand, including reasonable legal fees, made by a third party due
to or arising out of your utilising the Website, Materials or related services,
your violation or breach of these Terms and Conditions, your violation of any rights
of a third party, or any other act or omission by you. IN NO EVENT WILL BIGOZ MUSIC
PTY LTD BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER
ARISING, INCLUDING NEGLIGENCE), EVEN IF BIGOZ MUSIC PTY LTD WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
General Provisions: You agree to comply with all applicable laws
regarding the transmission of technical data exported from Australia or the country
in which you reside. Your correspondence or business dealings with, or participation
in promotions of or with parties found on or through the Website, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations applicable to such dealings, are solely between you and such
parties. These Terms and Conditions are governed in all respects by Australian law
as such laws are applied to agreements entered into and to be performed entirely
within Australia between Australian residents. Legal proceedings related to the
matters herein shall be brought in and adjudicated solely in the courts of Victoria,
Australia. Both parties consent to submit to the jurisdiction of the Victorian courts
of Australia. If any provision of these Terms and Conditions is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. Bigoz Music�s failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent or similar breaches.
A printed version of these Terms and Conditions and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to these Terms and Conditions to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form.
Modification of Terms and Conditions: From time to time Bigoz Music
may modify these Terms and Conditions in its sole discretion. When such modification
is made, Bigoz Music will post a revised version of these Terms and Conditions on
the Website. Modifications will be effective when they are posted. Bigoz Music is
not required to provide you with notification that any such modification has been
made. It is your responsibility to review these Terms and Conditions from time to
time to be aware of any such modifications. Each time you log on to the Website,
you will be deemed to have accepted any such modifications.