Terms Of Service
Serenade is a digital platform accessible via serenadesound.com that enables musical artists and other talent to send personalised video recordings of their songs to loving fans in exchange for a performance fee (“Platform”).
By nurturing intimate relationships with fans, Serenade enables artists and their management to access a new revenue stream and promotional opportunities via the Platform.
Users of the Platform (“you”, “your”) can request performances of participating artists’ music with personalised dedications in exchange for a performance fee (“Fee”). Participating artists will be displayed on the Platform.
The Platformand its related services are owned and operated by Serenade Sound Pty Ltd (“Serenade”, “we”, “our”).
You may only access and use the Platformif you agree with and comply with these terms of service (together the “Terms and Conditions”). You also agree to any privacy policies published on the Platform.
Please read these Terms and Conditions carefully before using the Platform.
We reserve the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.
You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Platform.
When using the Platform, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Platform, or make any commercial use of the Platform, without our prior written permission, or as otherwise explicitly provided by the Platform.
You must not engage in any activity through use of this Platform to:
- (a) advertise, transmit or solicit any commercial messages;
- (b) engage in any illegal, unethical or immoral conduct;
- (c) mine or collect information or data from this Platform;
- (d) manipulate, damage, interfere with or impair the functionality any of this Platform;
- (e) breach any applicable law or any third party’s rights (including, without limitation, intellectual property rights);
- (f) disrupt, overburden or assist in such disruption or overburdening of any computer server or network;
- (g) harass, abuse, harm, threaten any person or group of persons or incites or is likely to incite any such activity; and/or
- (4) mislead or deceive any person.
The Platform relies on our artist contributors as well as our engaged users. In the process of using the Platform, there may be facilities which allow you to upload or transmit content, includingany text, photographs, user videos, sound recordings and the musical works embodied in them (whether those pieces of content were created by you, or supplied to you by a third party), and you may also receive content from us which contains a performance, appearance or other activity undertaken by one of our participating artists(“User Content”).Whenever you are provided with such User Content (for example a recorded performance by a participating artist that you have requested), you are being given that content for personal and domestic use only. That means that you can privately enjoy the content and privately show your family or friends, but you are not permitted to publicly disseminate, communicate, upload, transmit, exhibit, broadcast, stream or otherwise exploit the content. It is for your personal use and enjoyment only and any other exploitation will infringe upon copyright laws.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Platform (including via third party social media platforms), you warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
You must not post any User Content on or through the Platform or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Platform, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Platform, to transmit it from the Platform to other third party platforms, and/or adopt any third party content.
You grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
We are responsible for obtaining all applicable publishing, neighbouring rights and collecting society clearances (e.g. from APRA/AMCOS, etc) in connection with the User Content.
You must provide accurate and complete information when logging-in to the Platform, update all of your details regularly, keep your login and password details confidential andimmediately notify us if you become aware of any unauthorised access to or use of the Platform in breach of these Terms and Conditions.
You acknowledge that you are responsible for all use of your log-in and password details whether authorised or not.
We may at any time cancel a username, login details or password with respect to your use of the Platformif we consider that such username, login details or password are offensive or infringe any third party’s rights or if you breach any term of these T&Cs.
All other intellectual property rights in and to the Platformand in content on the Platformvest inSerenade or third party licensors. Further to section 6 above, you must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.
You must not use any of our trade marks without the prior written approval of Serenade.
Subject to below, we will not cancel, exchange or refund any component of any purchase you make through the Platform.
By making full payment to us in relation to any purchase you make through thePlatformyou confirm any purchase of goods or services andyou enter into a binding contract on the terms and conditions set out in these Terms and Conditions in relation to the goods or services you purchase.
Upon receipt of payment by you, we will confirm your purchase by email to the email address you provide to us setting out details relating to your purchase including goods or services (if any) you have purchased and any other relevant information.
You must notify us if you do not receive confirmation of your purchase as contemplated above.
Once you have confirmed a purchase through thePlatform, cancellation, exchange or refunds will only be made as required by law oras otherwise provided by these Terms and Conditions.
You acknowledge that:
- (a) for the purposes of these Terms and Conditions the “purchaser” is the holder of the credit card used to pay for any purchases made through this Platform;
- (b) any queries relating to anything purchased through this Platform must be made by the purchaser; and
- (c) we cannot enter into any correspondence with any party other than the purchaser in relation to any queries relating to purchases.
All of ourpricing is inclusive of any applicable goods and services tax, includes the base supply of your purchases and all fees charged to and by Serenadeto supply your purchases to you and is subject to change at any time prior to you confirming your purchases.
The Platform may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Serenade and Serenade is not responsible for the content of these sites. Serenade makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. When you access such third party sites you do so at your own risk.
These Terms and Conditions are effective until terminated by Serenade and we may terminate these Terms and Conditionswithout prior notice to you.
The Platform is provided as-is and as available. Serenade makes no warranties of any kind, express or implied, about the Platform, or the goods and services provided through the Platform, including but not limited to any warranties:
- (a) about the accuracy and reliability of the material posted on the Platform;
- (b) that your access to the Platformor the material on the Platform will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
Serenade is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Platform.
Serenade assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication.Serenade is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Platform. Serenade also expressly disclaims any warranty of fitness for a particular purpose.
Serenade reserves the right to modify, suspend, or terminate operation of or access to the Platform, or any portion of the Platform and to interrupt the operation of the Platform or any portion of the Platform as necessary to perform maintenance at any time, for any reason and without notice.
You indemnify Serenade, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
- (a) any breach or alleged breach by you of these Terms and Conditions;
- (b) your use of the Platform; and
- (c) any violation of any law or the rights of any third party.
Serenade’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
These Terms and Conditions constitute the entire agreement between you and Serenade regarding your use of the Platform, superseding any prior agreements between you and Serenade relating to your use of the Platform.
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
Serenade may assign its rights under these Terms and Conditions in whole or in part to any other person in our absolute discretion.
These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.
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