Terms

Keytone Website Terms and Conditions of Use

These are the standard Terms and Conditions of Use which apply to the website, owned and operated by Keytone Pty Ltd (Keytone, we, us and our) located at the following URLs:

www.keytone.com;
www.keytone.com.au;
www.keytone.biz;
www.keytone.mobi; and
www.keytone.tv

(collectively referred to as the Website).

These Terms and Conditions of Use bind you the user, including without limitation General Users or Members (the User or you or your), with respect to:

access to and use of this Website; and
any information, product or service (including any General User or Member Services) accessed or supplied from, on, or via the Website.

In using this Website, or any product or service (including General User or Member Services) accessed or supplied from, on, via or by us, or the Website, you agree to be bound by these Terms and Conditions of Use.

If you do not accept these Terms and Conditions of Use, you must refrain from using the Website, or any product or service (including General User or Member Services) accessed or supplied from, on, via or by us, or the Website.

These Terms and Conditions of Use apply in addition to and do not derogate from any other terms or conditions that expressly apply to a specific product, competition or service accessed, supplied or provided by, or via us, or the Website.

1. Amendments to Terms and Conditions

1.1 We reserve the right to change or amend these Terms and Conditions of Use from time to time. Amendments will be effective immediately upon notification on the Website.

1.2 You are responsible for informing yourself of any changes by regularly reviewing these Terms and Conditions of Use. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions of Use as amended. We shall not be liable for you omission to do so.

2. User obligations

2.1 You promise us that:

Subject to the prior rights of APRA, you have the power and unrestricted right to enter and agree to all the terms of these Terms and Conditions of Use;
You will not enter any agreement that would interfere with the full and prompt performance of your obligations under these Terms and Conditions of Use;
All Details provided are true and accurate in every respect and that we may rely upon them in the exercise of our rights and powers under these Terms and Conditions of Use;
Subject to the prior rights of APRA, our use of Members� Content in accordance with these Terms and Conditions of Use will not infringe upon any third party copyright, trademark, patent, trade secret, or other third party proprietary, intellectual property, or contractual or other right;
Subject to the prior rights of APRA, no agreement of any kind previously entered into by you or entered into by you after the date of these Terms and Conditions of Use will interfere in any manner with the rights granted to us under these Terms and Conditions of Use;
Except as otherwise provided in these Terms and Conditions of Use, you shall be solely responsible for the payment of any and all of the following:

all fees, income, monies, royalties or any other compensation due artists, producers, copyright owners, and all other third persons whose performance is embodied in any Recording or Video that is included in the Content;
all publishing royalties payable to publishers, publishing administrators, writers and co-writers of songs that are included in the Content;
any other fees, compensation, royalties or other monies due and or payable with respect to the artwork, metadata, trademarks and logos in the Content or materials provided to us by you. In no event shall we be responsible for any such payments and you shall indemnify and hold us harmless from any and all claims, demands, causes of action, debts or liabilities, including reasonable solicitor's fees, paid or incurred by reason of any breach of the representations and warranties made by you in these Terms and Conditions of Use.

2.2 The User acknowledges and agrees as follows:

not to make Unauthorised Use of the Website;
not to participate in, conduct, encourage or solicit any of the following activities:

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the Keytone Services where you do not have Keytone’s explicit permission. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Keytone reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Keytone deems appropriate in its sole discretion. If you breach these Terms and Conditions of Use and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Keytone Services, you acknowledge that you will have caused substantial harm to Keytone, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Keytone $100 for each such unsolicited email or other unsolicited communication you send through the Website;
covering or obscuring the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Website or the Services;
attempting to impersonate another Member or person;
copying any Keytone owned code for any private or commercial purposes;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Website in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, creating and/or selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or using the Website in a manner inconsistent with any and all applicable laws and regulations
any other activity that in Keytone’s sole descretion is deemed to be contrary to the interests of Keytone or any General User or Member.

Keytone reserves the right to investigate and take appropriate legal action against anyone who, in Keytone’s sole discretion, violates this provision or any other provision in these Terms and Conditions of Use, including without limitation, reporting you to law enforcement authorities.
not to use or otherwise engage in any conduct in any way related to the Website:

for any unlawful, illegal, malicious or improper purpose or to conduct or promote anything that is illegal or otherwise breaches any law;
which in any way interferes with its availability for other users or otherwise interferes with its proper operation;

to ensure they have sufficient protection in place to protect the Website against Attack and to prevent circulation of Attacks through the Website, including firewalls, policies regarding email attachments, and up to date virus scanning software. For the removal of doubt, we do not accept responsibility for any interference or damage to the User’s own computer system which arises in connection with use of this Website or any Linked Website;
that satisfactory access to the Website depends upon the suitability of the User’s computer, hardware, software, modem and similar, including connection to the internet and all associated telephone lines and telecommunications services, which are the User’s responsibility;
that the User is provided with access to this Website only for personal use, unless we agree otherwise in writing. The User is authorised to print a copy of any information contained on this Website for personal use, unless such printing is expressly prohibited;
that Outages may occur in relation to the Website without notice to the User and that such Outages will not entitle the User to any compensation, regardless of the cause or length of the Outage; any compensation will be at the sole discretion of Keytone;
any information provided by the User to us or posted or sent to or via the Website will be true, accurate, complete and up to date, and will not be misleading, and the User will either be the owner or have authorisation to provide us with such information; and
to be bound by these Terms and Conditions of Use including these Terms and Conditions of Use as amended or changed from time to time.

3. Proprietary Rights in Content on the Website.

3.1 Keytone does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post on the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Website, subject to the prior rights of APRA (if any), you hereby grant to Keytone a non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Website.

3.2 Without this license, Keytone would be unable to provide the Services. For example, without the right to modify Member Content, Keytone would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Keytone could not allow Users to listen to or purchase music posted by Members. The license you grant to Keytone is non-exclusive (meaning you are free to license your Content to anyone else in addition to Keytone), fully-paid and royalty-free (meaning that Keytone is not required to pay you for the use on the Website of the Content that you post except where appropriate through our distribution service), sub-licensable (so that Keytone is able to use its affiliates and subcontractors such as Internet content delivery networks to provide its Services), and universal (because the Internet and the Website are global in reach). This license will terminate at the time you remove your Content from the Website, however, the Terms are valid in perpetuity. The license does not grant Keytone the right to sell your Content, nor does the license grant Keytone the right to distribute your Content outside of the Website unless we have your explicit permission.

3.3 SUBJECT TO THE PRIOR RIGHTS OF APRA, YOU REPRESENT AND WARRANT THAT:

YOU OWN THE CONTENT POSTED BY YOU ON OR THROUGH THE WEBSITE OR OTHERWISE HAVE THE RIGHT TO GRANT THE LICENSE SET FORTH IN THIS SECTION, AND
THE POSTING OF YOUR CONTENT ON OR THROUGH THE WEBSITE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON. YOU AGREE TO PAY FOR ALL ROYALTIES, FEES, AND ANY OTHER MONIES OWING ANY PERSON BY REASON OF ANY CONTENT POSTED BY YOU TO OR THROUGH THE WEBSITE.

3.4 The Website contains Content of Keytone. Keytone Content is protected by copyright, trademark, patent, trade secret and other laws, and Keytone owns and retains all rights in the Keytone Content and the Website. Keytone hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Keytone Content (excluding any software code) solely for your personal use in connection with viewing and using the Website.

3.5 The Website contains Content of Users and other Keytone licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website..

3.6 You are solely responsible for the Content that you post on or through the Website, and any material or information that you transmit to other Members and for your interactions with other Users. Keytone does not endorse and has no control over the Content. Content is not necessarily reviewed by Keytone prior to posting and does not necessarily reflect the opinions or policies of Keytone. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

4. Termination of access

4.1 We reserve the right to, at any time with or without notice and at our discretion:

refuse the supply of or access to the Website or any service (including any General User or Member Services) to any person; or
cancel the Membership of any User,

for any reason, or no reason, including if we consider in our sole opinion that a User has or may be misusing any service (including interfering with other users or administration of our services in any way), the Website, or has otherwise breached or may be in breach of these Terms and Conditions of Use or has otherwise acted in a manner detrimental to our interests.

4.2 We may modify, remove, reconfigure, discontinue, replace, substitute, suspend, upgrade or enhance any function, component of, or feature of, or data provided through the Website, including the content, metadata, hours of availability, pricing, equipment required for access, or these Terms and Conditions of Use, or discontinue the services including any Member Service or the User's account or Membership, with or without notice, without liability to the User or any other person.

4.3 Any decision to modify, discontinue or refuse the supply of or access to its services is at the sole discretion of Keytone. We accept no liability for any consequences of such modification, discontinuance or refusal of any such service.

4.4 Our disclaimers will nevertheless survive any such termination.

5. General Users and Members

5.1 There are three (3) User levels on the Website as follows:

Level 1 General User: Users who have general access to the Website free of charge and without Membership, and who have provided all or part of their Details, and may receive free newsletters or other content or services that may be available from time to time;
Level 2 Members: Users who join/subscribe to the Website but do not pay for access to all Member Services;
Level 3 Members: Users who pay for access to the Member Services.

5.2 General User Services

General Users may provide their Details in the manner described on the Website. Registering to receive free newsletters or other content or services that may be available from time to time is free but non-transferable. We reserve the right to terminate access to the General User Services at any time if the User breaches these Terms and Conditions.
A General User, who has provided us with all or part of their Details:

will ensure that his or her Details are up to date, accurate and not misleading;
acknowledges that, in respect of their Details, we may retain, and will protect, the information provided by the General User in accordance with our Privacy Policy; PROVIDED that we may use this information for the purposes of:

providing customer support and other similar activities related to the Website; and
keeping the General User informed of products, services, offers and upcoming events and to improve our services.

5.3 Member Services

The Website offers various Member services that consist of access to or the supply or provision of services, content or information not available to General Users (Member Services).
To become a Member, the User must:
1. complete their Details in the manner described on the Website;
2. be 13 years of age or older; and
3. agree to any particular terms and conditions attaching to the use of any Member Services in addition to these Terms and Conditions of Use.

5.4 Each Member under level 2 and 3 above acknowledge and agree:

that he or she is solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by him or her from time to time (User Password);
that he or she is not a minor, or if a minor, is not younger than 13 years of age and has had these Terms and Conditions of Use explained to him or her;
that he or she will not reveal (or cause to be revealed through any act or omission) his or her User Password to any other person;
to immediately notify us if his or her User Password is lost or becomes known to any other person;
that he or she is solely responsible for all access to and use of the Website, including any Linked Websites via his or her User Password, whether such access or use is by the Member or any other person;
that Member Services are for one User only and the User will not let any other person use his or her User Password or any Member Services;
any information he or she provides to the Website or us at any time becomes our property subject to the aforementioned Proprietary Rights; and
to indemnify Keytone Productions Pty Ltd of any responsibility resulting from any infringement to your or any others rights resulting from use of the Website, hacking or malicious attack perpetrated by any other person or software.

5.5 Member conduct

Subject to the prior rights of APRA (if any), you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted by You on or through the Service will violate or infringe upon the rights of any third person, including copyright, trade mark, privacy, publicity or other personal or proprietary rights; or contain defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Website to:

harvest or collect email addresses or other contact information of other members from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails and other unsolicited communications;
use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
use automated scripts to collect information from or otherwise interact with the Service or the Website;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasion of privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that:

are of you;
are taken by you or your friends;
are original art or animation created by you or your friends;

register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicted or unathorised advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
upload, post, transmit, share or otherwise make publicaly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Keytone, or create a false identity on the Service or the Website; and
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Keytone, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Keytone or its members to any harm or liability of any type.

5.5 Share Service

Keytone offers a feature whereby Members of the Website can share with others or Post to their own member profile, videos, articles and other TP Information from, and links to, TP Information through the Service (the Share Service).
You acknowledge and agree that Your use of the Share Services and all links, Member Content or TP Information shared through the Share Service is subject to, and will fully comply with the conduct rules set out in clause 5.4 and the other terms of these Terms and Conditions of Use.

6. Linked Websites

6.1 This Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. The User acknowledges and agrees that:

we are not responsible for the content or privacy practices associated with Linked Websites;
our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary; and
the User will make their own enquiries with the Linked Websites directly, before relying on the content or information associated with Linked Websites, or before entering into a transaction relating to any Linked Websites.

6.2 Advertisements

Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

7. Disclaimers

7.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which the User may directly or indirectly suffer in connection with their use of this Website, any product or service (including any General User or Member Services) accessed or supplied from, on, via or by us, or the Website, or any Linked Website, nor do we accept any responsibility for any such loss arising out of the User's use of, or reliance on, information contained on or accessed through the Website.

7.2 The User acknowledges that:

we are a distributor, not a publisher, originator or creator of much of the content on the Website, and our editorial control is limited to the selection of materials made available to us;
where we do provide general or generic recommendations, these recommendation are not specific to, and have not be customised or tailored to, the User's circumstances, and we give no warranty as to the accuracy, reliability, completeness, timeliness, usefulness or otherwise, of those recommendations. We do not accept liability for loss or damage caused by the User's reliance upon any such recommendation, and it remains the User's responsibility to evaluate the accuracy, completeness and usefulness of any such information. The User will seek independent advice and assistance before relying upon such recommendations; and
any opinions or advice by third parties remain the responsibility of those third parties.

7.3 We give no warranty:

as to the condition, quality or performance of the Website or any component of the Website;
as to the accuracy, reliability, completeness, timeliness, usefulness or otherwise, of the content of the Website, including text or graphics;
as to the continued availability to us of information to enable us to keep the content of the Website up to date;
in relation to defects, error or inadequacies of any kind in the content of the Website, or any component of the Website, regarding its fitness for any particular purpose, or interruptions in access to, operation of or use of the Website;
that the Website will run properly on the computers, hardware, software, modems and similar which are necessary to access the Website, including any connection to the internet, and all associated telephone lines and telecommunications services, which the User has selected or acquired, or within all network and operating system environments used by the User;
that errors in the Website will be rectified; or
as to the security of the Website, and will not be liable in the event that any Attack is distributed via the Website, or for any degradation in service, increased download or damage suffered by the User as a result of any Attack.

7.4 Where the information made available through the Website or any product or service (including any General User or Member Services) accessed or supplied from, on, via or by us, or the Website, contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by the User's reliance upon any information obtained through the Website or any product or service (including any General User or Member Services) accessed or supplied from, on, via or by us or the Website, and it remains the User's responsibility to evaluate the accuracy, completeness and usefulness of any such information.

7.5 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

if the breach relates to goods, the:

replacement of the goods or the supply of equivalent goods;
repair of such goods;
payment of the cost of replacing the goods or of acquiring equivalent goods; or
payment of the cost of having the goods repaired; and

if the breach relates to services, the:
1. supplying of the services again; or
2. payment of the cost of having the services supplied again.

7.6 Exception to disclaimers

The disclaimers set out in these Terms and Conditions of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

7.7 Indemnity

The User (including without limitation any General User or Member) hereby releases and irrevocably indemnifies us, our servants and agents from and against any and all actions, claims, loss, damage, cost (including legal costs on a full indemnity basis), expense or liability to, by or of us or any other person arising from or in any way related to:

any act or omission of the User in breach of these Terms and Conditions of Use;
any use by the User, whether direct or indirect, of the Website or Linked Websites or any other website;
any negligent or wilful misconduct, or other wrongful or unlawful conduct of any kind by or on the part of the User.

8. Intellectual Property

8.1 Unless expressly notified by us, or as outlined above, all Intellectual Property comprised in the Website, the Material or any other information contained in or otherwise connected with the Website or any General User or Member Services are the exclusive property of Keytone or its licensees.

8.2 We reserve all of our rights with respect to all of our Intellectual Property and that of our licensees.

8.3 Except as otherwise provided by these Terms and Conditions of Use, and to the full extent permitted by law, the User will not:

on-sell or resell any component of or information obtained from this Website or the Material;
modify, copy, reproduce, adapt, decompile, disassemble, publish, communicate, broadcast, distribute, re-transmit, download, upload or repost, store, or attempt to modify, copy, reproduce, adapt, decompile, disassemble, publish, communicate, broadcast, distribute, re-transmit, download, upload or repost, store, or create derivative works or subject matter other than works, based upon any component of or information obtained from any of our Intellectual Property or that of our licensees; or
use, frame or utilize framing techniques to enclose the images or content of any text or layout or design of any page or form contained on a page in the Website.

8.4 Trade marks

Except where otherwise specified, any word or device to which is attached the &tm; or © symbol is a registered trade mark.

If a User uses any of our trade marks in reference to our activities, products or services, the User must include a statement attributing that trade mark to us. The User must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages us or our information, products or services (including any General User or Member Services) accessed or supplied from, on, via or by us, or the Website.

8.5 We reserve the right to revoke, at any time, for any reason, any licence to use our trade marks.

9. Privacy and security

9.1 Privacy policy

We undertake to comply with the terms of our Privacy Policy, which are available on the Website. Click here to see our Privacy Policy.

9.2 Security of information

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 which the User transmits to us. Accordingly, any information which the User transmits to us is transmitted at their own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

10. General

10.1 We accept no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond our reasonable control.

10.2 Waiver

Any failure by us to exercise any right under these Terms and Conditions of Use does not operate as a waiver and the single or partial exercise of any right by us does not preclude any other or further exercise of that or any other right by us.

10.3 Severability

Any provision of these Terms and Conditions of Use which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provision of these Terms and Conditions of Use, or the validity of that provision in any other jurisdiction.

10.4 No assignment or sublicense

The User may not assign or sublicense any rights granted under or pursuant to these Terms and Conditions of Use.

10.5 Governing law

The Website, excluding any Linked Websites, is controlled by us from Australia. These Terms and Conditions are governed by the laws in force in Queensland, Australia, and any dispute about the Website, its contents or your dealings with us must be determined by the laws in force in that jurisdiction.

10.6 Site or content unlawful outside Australia

We do not warrant that the content of the Website complies with the laws of any country outside of Australia.

If you access the Website from outside Australia, you do so at your own risk, and accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transaction of dealings with us.

10.7 Your responsibility under laws affecting you

The User is responsible for ensuring that their use of the Website:

is not illegal;
does not infringe any third party's rights;
is not prohibited by, and that they at all times comply with, any laws that apply to the User or in the User's location; and
does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

10.8 Termination

For the avoidance of doubt, we may, with or without cause, terminate these Terms and Conditions of Use, or any licence or agreement arising under or pursuant to these Terms and Conditions of Use, at any time.

10.9 Refunds

Keytone advises all members and customers to choose wisely before making any purchases. Due to the unique nature of our site, refunds are not available. However, any free or bought Keys will remain in your account indefinitely.

11. Interpretation

11.1 In these Terms and Conditions,

APRA means the Australasian Performing Right Association;

Attack means attacks on computer systems or programs including both high level computer programs such as viruses, worms, trojans or other malicious computer programs or lower level denial of service attacks;

Content means content as defined in clause 3.1 of these Terms and Conditions of Use;

Details means a User's details, account information and identity, including Personal Information, provided by a User to us by completing the form on the Website, and which details are required for Membership;

General User means a User who has general access to the Website free of charge and without Membership, but who may have provided some or all of their Details, and is therefore entitled to receive free newsletters and other content and services, available from time to time;

General User Services means those services provided by us to a General User, including receiving free newsletters and other content and services, available from time to time;

Intellectual Property means all intellectual, industrial and commercial property or rights of a proprietary nature, comprised in the Website, and any Material, including all copyright, patents, designs, trade marks, trade names, logos, trade secrets and know-how, confidential information, circuit layout rights, plant breeders rights and any other similar right or form of intellectual property;

Linked Websites means those websites owned and operated by third parties, and any products, services or content related to those websites, for which there are access to, or links to, on our Website;

Material means any material or information including all information, content, text, graphics, diagrams, artworks, flowcharts, correspondence, emails, software, advertisements, marketing and operational information, and any other information related to, contained in or otherwise connected with the Website or any General User or Member Services;

Member means a Level 2 Member and/or a Level 3 Member as defined in clause 5.1(b) and (c);

Member Services means those information services developed and owned by us, for which a Member is granted a Membership, including access to or the provision of services, content and information not available to General Users;

Membership means that Membership provided by us to a Member, in accordance with clause 5, which allows the Member access to and use of the Member Services;

Outages means those occasions when we, or other third parties perform remedial work in the form of maintenance, upgrades or repairs to the Website, such that all or part of the Website is not available for your use or access;

Personal Information means any information or an opinion (including information or any opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

Privacy Policy means that privacy policy published on the Website which sets out our policies on use, storage, collection and protection of Personal Information;

Services means the Member Services and the General User Services;

Terms and Conditions of Use means these terms and conditions with respect to access to and use of this Website, and any information, product or service, including any General User or Member Services, accessed or supplied from, on, or via the Website;

Unauthorised Use means acts of misuse of any component of the Website by you including but not limited to use:

other than strictly in accordance with these Terms and Conditions;
which causes degradation to the Website or interference with use of the Website by others, or circumstances which may place us in potential or actual breach of any agreement with third parties;
to allow (whether knowingly or not) any computer virus, trojan horse or other malicious, harmful or disabling data, code or program to be transmitted or disseminated into the Website;
to interfere with, disrupt or attempt to gain unauthorised access to, any computer system, network or account for which you do not have authorisation to access;
to create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; or
to access the data transmitted via the Website to develop or publish any product in competition with those provided by us;

User means the users who access and use the Website, and any information, product or service accessed or supplied from, on or via the Website including a General User and Member;

User Password means the password, log-in information and User ID associated with and allocated to a User who completes Membership to enable them to access the Member Services;

Website means that set of internet web pages hosted by us, and available for access under these Terms and Conditions, and which web pages publish certain content.

11.2 In these Terms and Conditions of Use, unless the context otherwise requires:

headings are for reference purposes only;
the singular includes the plural and vice versa;
reference to a person includes a company or any other entity recognised by law and vice versa;
where a word or phrase is defined its other grammatical forms have a corresponding meaning;
the use of the word includes and including is not to be taken as limiting the meaning of the words preceding it; and
an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally.