The Music Jungle

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Terms & Conditions		GENERAL TERMS & CONDITIONS 1. By using and/or visiting The Music Jungle website at www.themusicjungle.com.au (Website), you acknowledge your acceptance of these terms and conditions of use (Terms). If you do not agree to any of these Terms, then please do not use the Website. The Website is owned and operated by SONY BMG MUSIC ENTERTAINMENT (AUSTRALIA) PTY LIMITED ABN 95 107 133 184 of 11-19 Hargrave Street, East Sydney, NSW, 2010 (SONY BMG). 2. SONY BMG reserves the right to change these Terms at any time by posting changes online and it is your responsibility to refer to and comply with these Terms on accessing the Website. Your continued use of the Website after changes are posted constitutes your acceptance of these Terms as modified. If there is any conflict between these Terms and rules and/or specific terms of use appearing on the Website relating to specific material then the specific terms of use will prevail. 3. Membership: If you wish to upload material onto the Website or to engage in any activities within the Website, you must complete the online registration form and become a member (Member). Each Member is given a login name and a password which is unique to that Member and grants the Member access to their individual account. When registering, you must provide accurate and complete information. You may never use another Member's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SONY BMG immediately of any breach of security or unauthorised use of your account. Although SONY BMG will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of SONY BMG or others due to such unauthorised use. 4. Use: SONY BMG gives you permission to use the Website as set out in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without SONY BMG's prior written authorisation; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the Terms. 5. Video Clips: Members may upload video content onto the Website in order to create music video clips or video commentary featuring the Member for any of the songs (Listed Songs) listed on the Website (Video Clip). Each Video Clip will be available on the Website to be viewed by all users of the Website and some Video Clips chosen by SONY BMG in its absolute discretion may be broadcast on television or otherwise communicated to the public during or in connection with the television program, The Music Jungle (or other programs that SONY BMG may be involved with) in conjunction with (whether picture within picture or other format) footage of the Listed Song associated with the Video Clip. 6. Licence to SONY BMG: - You agree that SONY BMG (and third parties authorised by SONY BMG) may make the Video Clips and all other videos, pictures, audio files, comments and data or other information uploaded onto the Website (User Content) available on the Website and on any other media, whether now known or invented in the future, which may include other internet sites, television and/or radio and that User Content may be made available with advertising or sponsorship. You now grant SONY BMG (and third parties authorised by SONY BMG) a worldwide, non-exclusive, perpetual, royalty-free, transferable licence to use, display, publish, transmit, broadcast, reproduce, communicate to the public, copy, edit, alter, store, re-format and sub-licence the Video Clips and User Content for such purposes. You also grant SONY BMG the right to issue publicity concerning the Video Clips and User Content and any material, service or programme in which it may be included, and for such purpose to use and reproduce your name, likeness, image and/or voice (including any photograph, film and/or recording of you) in any media at any time or times without remuneration. 7. Your IP Rights: - You agree and guarantee that any Video Clips and User Content you provide or upload are original to you and do not infringe the copyright or any other rights of any other person. You must obtain any consents that are necessary for you to provide the abovementioned licence to SONY BMG. You agree and confirm that no aspect of the Video Clips or User Content provided by you will breach any contract or duty of confidence, be defamatory, obscene, indecent, harassing, threatening, pornographic, liable to incite racial hatred, hateful, offensive or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute and all facts expressed by you in User Content are true to the best of your knowledge and belief and, insofar as your User Content contains any opinions, these opinions are your own and are genuinely and truly held by you. You shall be solely responsible for your Video Clips and User Content and the consequences of uploading or publishing them. In connection with all Video Clips and User Content, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise SONY BMG (and third parties authorised by SONY BMG) to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Video Clips and User Content to enable inclusion and use of the Video Clips and User Content in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any of the Video Clips or User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Video Clip and User Content in the manner contemplated by the Website and these Terms. SONY BMG does not, unless greed with you, claim any rights of ownership in any Video Clips or User Content. Unless you agree otherwise, you retain all ownership rights in the material you upload onto the Website and so you will still have the right to use your Video Clips and User Content in any way you choose provided that such use does not conflict with or limit the licence granted to SONY BMG. 8. SONY BMG's IP Rights: The content on the Website, except all Member-generated Video Clips and User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features, and the trade marks, service marks and logos contained therein, are owned by or licensed to SONY BMG. Content on the Website is provided to you for your information and your personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SONY BMG. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content on the Website. 9. Privacy: Any private information and/or data relating to your Video Clips or User Content, including information that you are asked to supply or that you supply voluntarily as part of the registration process or as part of the upload/download process, will only be used by SONY BMG and SONY BMG's sub-contractors, employees, agents and advisors (including legal advisors) as part of the process of administering your Membership, when making decisions whether any Video Clips or User Content you seek to upload onto the Website should be accepted or rejected and otherwise in accordance with SONY BMG's Privacy Policy. You can obtain a copy of the Privacy Policy at www.sonybmg.com.au/misc/policies.do. 10. Rejection of Content: SONY BMG does not promise to broadcast or otherwise make available any Video Clips or User Content. Any Video Clips or User Content may be rejected by SONY BMG in its absolute discretion. All decisions are final and SONY BMG will not enter into any discussions or correspondence about why any content has been rejected. SONY BMG may, in appropriate circumstances, and in its sole discretion and without any liability whatsoever, remove certain content or disable access to content that appears to be legally or otherwise problematic, for example if it infringes the copyright or other intellectual property rights of others, or for any other reason SONY BMG decides. 11. Disclaimer and Limitation of Liability: You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, SONY BMG, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use of the Website. SONY BMG makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to the Website. SONY BMG assumes no liability or responsibility for and will not be liable for any damages whatsoever, whether direct, indirect, incidental, special, punitive, or consequential, resulting from, any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. SONY BMG does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and SONY BMG will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. SONY BMG may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time without notice or liability. 12. Third Party Links: The Website may contain links to third party websites that are not owned or controlled by SONY BMG. SONY BMG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SONY BMG will not and cannot censor or edit the content of any third party site. If you decide to visit any linked website, you do so at your own risk and you expressly relieve SONY BMG from any and all liability arising from your use of any third party website. 13. Governing Law: These Terms are governed by the laws in force in New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales. 14. General: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and SONY BMG's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 15. Contact: For more information please contact comps@themusicjungle.com.au.
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