The In Sound From Way Out – Terms and Conditions

Welcome to our website The In Sound From Way Out. By accessing the Website you are agreeing to abide and be bound by these terms and conditions and our Privacy Policy.

The Website links to other websites which may include ads with embedded links and we’re not responsible for the content or accuracy of those websites and the inclusion of any link or ad doesn’t imply that we endorse the linked website or the subject matter of the ad.

No charge is made by us for your use of the Website but charges from your telecommunications provider may apply.

1. Definitions

1.1 Content means all material on the Website (such as trade marks (registered or unregistered), text, graphics logos, button icons, images, audio clips, video, digital downloads, service names and date compilations) and any material sent to you by email from the Website;

1.2 EMI, we, us and our means EMI Music Australia Pty Ltd ABN 24 000 070 235 of 98-100 Glover Street, Cremorne, NSW, 2090 and any Subsidiary from time to time of EMI and includes our directors, officers, employees, consultants and shareholders. Subsidiary has the meaning given to that term in the Corporations Act 2001 (Cth);

1.3 Privacy Policy means our policy located at http://musichead.com.au/site/privacy.asp;

1.4 Website means the website located at www.theinsoundfromwayout.com or www.theinsound.com and any page, information, data or operations available from such website;

1.5 your Content means any material (including material available via hyperlinks you provide) through the Website blog.

2. Acceptable Use Policy

2.1 You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded, posted, distributed or stored by you does not infringe the rights of others.

2.2 All Content, the compilation of the Content, the software used on the Website and the copyright and other intellectual property rights in the Content on the Website belongs to, or is controlled by or licensed to, us and is protected by copyright laws.

2.3 You are not allowed to:

(a) reproduce or modify in any way or commercially exploit any Content;
(b) remove the copyright or trade mark notices from any Content;
(c) create a database in electronic or structured manual form by systematically downloading and storing all or any Content;
(d) systematically extract and/or re-utilise any Content;
(e) create and/or publish your own database that features Content taken from the Website;
(f) impersonate another person or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
(g) post anyone else’s name, address, phone number or other information which would identify them, without that person’s consent. No person may post this type of information about a person (including the person posting) who is under the age of 18, regardless of whether that person consents;
(h) damage, interfere with or disrupt access to the Website;
(i) obtain or attempt to obtain unauthorised access to the Website or computer systems or areas of our networks;
(j) set up links to any page on the Website without our written consent;
(k) use the Website for fraudulent, criminal or unlawful purposes;
(l) arrange to meet a person you met through the Website blog, if either of you are under the age of 18;
(m) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
(n) engage in any other conduct that inhibits any other person from using or enjoying the Website.
3. Blogging

3.1 Before blogging, the Website requires that you provide your name and an accurate email address. Your email address will not be shown on the Website.

3.2 We may in our discretion and without notice to you, review, modify or remove any material which you provide including where we believe it violates these terms and conditions.

3.3 We may in our discretion suspend or cancel your use of the Website blog if you breach, or we believe you to have breached, any of these terms and conditions.

4. Your Content

4.1 Your Content must not:

(a) be defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(b) infringe the intellectual property or other rights of any third party;
(c) constitute or relate to unlawful activities or conduct;
(d) create a privacy or security risk to any person;
(e) be false, misleading or deceptive; or
(f) contain financial, legal, medical or other professional advice.
4.2 You must not use the Website blog:

(a) in any manner that would harm, abuse, harass, stalk, threaten or otherwise offend anyone;
(b) to solicit money or personal information from any person;
(c) in any manner that would reflect negatively on us or any of our related entities,;
(d) in any manner that would breach these terms and conditions or any applicable laws; or
(e) to tamper with the Website.
4.3 By posting your Content to the Website blog, you grant us and warrant that you have the right to grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sub-licence) to use, copy, modify and otherwise exploit your Content in any form or on any medium and for any purpose.

4.4 You agree to indemnify and hold us harmless against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands relating to or arising out of your Content, arising from your use of, or conduct on, the Website and/or a breach of any of these terms and conditions.

4.5 We may assume the exclusive defence and control of any third party claim relating to or arising out of your Content and all negotiations for the settlement of any such claim, and you agree to fully co-operate with us (at your own cost) in the defence of any such claim or settlement negotiations.

5. License

5.1 We grant you a limited, non-transferable license to access this Website but not to download or modify it, or any portion of it, except with our written consent.

5.2 You’re not allowed to frame or use framing techniques to enclose any Content nor are you allowed to use meta tags or any other “hidden text” using our names or trade marks. Any unauthorised use terminates the license granted by us under clause 5.1.

6. Liability

6.1 We provide the Website on an “as is” basis and make no representations or warranties of any kind as to the Website or the content or the accuracy, completeness or suitability for any purpose of the content published on the Website. The material provided and views expressed by users are the materials and views of those users and are not ours.

6.2 We make every effort to ensure that the Website is free from viruses or defects. However we can’t guarantee that your use of the Website won’t cause damage to your computer. We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Flash Player) or upgrade your browser software to enhance your usage of the Website.

6.3 To the maximum extent permitted by law:

(a) we have no liability to you, whether for breach of these terms and conditions, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms and conditions, the Website or any content;
(b) we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or any Content, whether or not we know of the possibility of such damage; and
(c) our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following: (i) in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and (ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.
6.4 Subject to our obligations under any implied conditions and warranties referred to in sub-clause 6.3(c) our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in sub-clause 6.3(c).

7. Infringing or Objectionable Content

7.1 If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us at admin@theinsoundfromwayout.com.

8. General

8.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

8.2 If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction and validity of the remaining terms will be unaffected.

8.3 If either party does not exercise a right or remedy under these terms and conditions, this will not be taken to mean that they have been waived.

8.4 These terms and conditions will be governed by and interpreted in accordance with the laws of New South Wales and you irrevocably agree that the courts of New South Wales, and any courts of appeal from such courts, will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these terms and conditions.

8.5 The Website is owned and operated by EMI. If you have any queries concerning any part of these terms and conditions please contact us at admin@theinsoundfromwayout.com.
8.6 We reserve the right to make changes to any part of the Website and these terms and conditions without notice. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. These terms and conditions were last updated on 15 May 2009.