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PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTROLS THE WAY YOU CAN AND MUST NOT USE OUR WEBSITE AND MOBILE DEVICE SOFTWARE APPLICATION STREAMHEAR . THE AGREEMENT ALSO DESCRIBES THE PROMISES YOU MAKE TO US ABOUT YOUR USE OF STREAMHEAR. AMONG OTHER THINGS, THE AGREEMENT SETS OUT LIMITATIONS OF LIABILITY AND THE WAY YOU OR WE CAN TERMINATE THIS AGREEMENT.
We may update this agreement from time to time. Amendments to this agreement will be effective from the date that the revised agreement is made available on this page. You are responsible for checking the terms of this agreement each time you access and use Streamhear.
You can only use Streamhear if you are eighteen (18) years of age or older. If you are eligible, we grant you a non-exclusive, limited, personal, non-commercial, revocable, non-transferable and non-sublicensable licence to use and access Streamhear on the terms set out in this agreement. All rights not expressly granted to you under this agreement are reserved.
Your registration as a User gives you access to the services and functionality of Streamhear that we establish and maintain from time to time and at our sole discretion. Any new features that may be added to Streamhear, including the release of new Streamhear services or software, are subject to this agreement.
You agree to accept responsibility for all activities that occur under your User account or password (if any) and agree that you will not sell, transfer or assign your User account. You are responsible for maintaining the confidentiality of your password (if any) and for restricting access to your computer or mobile device.
We may, without any prior notice, change or cease providing Streamhear, add, change, remove, suspend or discontinue any feature or service, create usage limits, impose other limits on or restrict access to certain features, suspend, restrict or deny your access or permanently remove you from Streamhear, and without notice and without liability of any kind.
We may review every User account and assess the use of space and bandwidth, as well as apply restrictions or fees to those accounts, at our sole discretion.
Some areas of Streamhear allow Users to post and make available content such as profile information, location, comments, descriptions, tags, photos, information about music, audio (sound recordings) and more. Any such materials that you make available to Streamhear is referred to as User Content. You retain ownership of and sole responsibility for your User Content, subject to the licence granted in this agreement. Under no circumstances will we be liable in relation to any of your User Content that you make available through Streamhear.
Where your User Content contains music, you represent and warrant that you are the owner of all copyright or licences necessary to allow you to upload that User Content, including without limitation the performance, mechanical and reproduction rights with respect to each and every musical composition (including lyrics) and sound recording uploaded as User Content. You also represent and warrant that you have the authority to grant the licence below and that no agreement of any kind previously entered into by you interferes in any manner with the licence you grant us below.
You represent and warrant that Streamhear’s use of your User Content will therefore not violate any law or infringe upon the rights of third parties, including but not limited to their intellectual property rights, confidentiality rights, privacy rights and rights of publicity.
You are responsible for payment of any and all of the following:
Except for User Content, Streamhear and all its materials within the website or mobile application device including but without limitation to software, images, logos, text, graphics, and all intellectual property rights for these materials, remain the exclusive property of Streamhear.
You grant Streamhear a non exclusive, perpetual, irrevocable, royalty free, transferable and sub-licensable, worldwide licence to use, reproduce, adapt, edit, modify, publish, distribute, exhibit, archive and communicate to the public all your User Content including your voice, name or likeness (or that of anyone else), location, and the musical compositions and sound recordings contained in your User Content, in any form and in any media or technology now known or yet to be invented and subject only to the prior rights of any copyright collecting society or performance rights organisation (such as BMI, ASCAP, PRS for Music or APRA) of which you are a member. You also grant each User of Streamhear a licence to view and access your User Content as permitted by the functionality of Streamhear.
If you delete your User Content, Streamhear may retain server copies of such User Content after deletion or removal.
You must not, in using Streamhear:
You indemnify us against any liability, loss, claim, damage, costs or expense suffered or incurred by us arising from or in connection with any breach by you of the warranties or other terms of this agreement.
We can, in our sole discretion, terminate your account, suspend your access to Streamhear or take such other action as we see fit against you if you carry out any unauthorized activity described in this agreement or otherwise breach this agreement.
We may make available via Streamhear content, data, information, applications, services, websites and materials from third parties, including User Content and advertising material ( Third Party Material ).
We do not make any representation or warranty about, nor do we evaluate, examine or endorse Third Party Material, whether for relevance, usefulness for purpose, accuracy, currency, completeness, legal compliance, availability or otherwise. You use, access and rely on Third Party Material entirely at your own risk. We may (but are not obliged to) remove, suspend access to, change or otherwise deal with Third Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you (and any owner or controller of any Third Party Material may do the same).
In using and accessing Streamhear:
Streamhear is designed to provide additional functionality and compatibility with certain third party devices. We are not responsible in any way for any personal injury, property damage or any other issue that might arise from using any third party device with Streamhear.
Use of Streamhear is entirely at your own risk. For example, location data is provided via Streamhear only for general and basic location-fixing purposes: it cannot be relied upon where a precise location is required or where incorrect location data may be undesirable to you or may result in danger, damage, injury, sickness, death or liability for regulatory non-compliance, trespass or other breach of any law, by-law or regulation.
You acknowledge that third parties have licensed and will license certain components of Streamhear to us. Accordingly to the extent permitted by law, including the Australian Consumer Law (the ACL), we exclude all warranties in relation to Streamhear other than those expressly contained in this agreement. For example, we do not make any warranties that Streamhear will be error-free, constantly available or bug-free.
To the extent permitted by law, we (including our agents, employees or contractors) expressly exclude any liability for indirect, incidental, special, exemplary, or consequential damages whatsoever, whether arising in contract, tort (including negligence) or otherwise arising from your access to or use of Streamhear.
Notwithstanding anything else in this agreement, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, our liability for breach of a condition or warranty implied into this agreement by the ACL (or otherwise) and your exclusive remedy is limited, at our discretion, to resupplying the Streamhear services or paying the cost of having the services resupplied.
Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.
The licence granted to you under this agreement continues until it is terminated. You can terminate it by deleting and uninstalling Streamhear from all devices in your possession, power or control. We can terminate it at any time. The licence will also terminate immediately and automatically if you do not comply with the terms of this agreement.
Termination of this agreement is without prejudice to the rights of either party that accrued prior to termination, nor to any provision of this agreement which, by its terms, is intended to survive the termination of this agreement.
On termination of this agreement, you must immediately cease accessing and using Streamhear.
You indemnify us and will hold us (and our agents, employees and contractors) harmless for any and all claims, damage, liability, costs and expenses (including legal fees on a solicitor client basis) that we may suffer or incur as a result of your failure to comply with this agreement, or from your use of or access to Streamhear.
Streamhear is controlled and operated from Australia and we make no representations that Streamhear is appropriate, functional or available for other locations. Those who access Streamhear from other jurisdictions do so at their own risk. This agreement is governed by the laws in force in the state of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that state and courts competent to hear appeals from those courts.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, it will be severed in the relevant jurisdiction. The remaining provisions of this Agreement will remain in force.
In this agreement (except to the extent that the context otherwise requires) words denoting the singular include the plural and vice versa; words denoting individuals or persons include bodies corporate and trusts and vice versa; a reference to a document or agreement includes a reference to that document or agreement as changed, novated or replaced from time to time; a reference to a party includes a reference to that party’s successors and assigns; and words and phrases defined in the Copyright Act 1968 (Cth) have the same meaning in this agreement.
We have implemented practices and procedures to comply with the law and to maintain the confidentiality and security of personal information we collect and hold.
We do not hold all of the information set out above for all people who access our Service, and may have only one or two pieces of data relating to any particular person.
When you visit our Service, we may also collect information about your computer and mobile device, including your IP address, operating system and browser type through the use of “cookies”, “applets” or similar devices or programs and third party analytical tools. Similarly, when you access our Service via a mobile device or computer, we may also collect, monitor and store device identifiers that uniquely identify your device and may be stored on your device to help you access and navigate around our Service. This aggregated, de-personalised information is not personal information. It assists us and our trusted third-party business partners to customise your experience of our Service. If your browser is set not to accept such devices and programs, the functionality of the Service may be affected.
Primarily, we collect your personal information that you provide to us voluntarily, for example when you post material to our Service.
If you access our Service via a third party service, such as the Apple App Store or Facebook, that third party may pass certain information on to us. This information could include any information you have permitted the third party to share with us and information that you have made publicly available through that third party service.
We collect personal information, including when you register with us, for a number of purposes, including enabling you to take full advantage of our Service. For example, you may voluntarily give us personal information while using our Service or so that we can provide you with further information or respond to your enquiries.
We may also collect your personal information from time to time for any the following purposes:
We will only disclose your personal information for the purposes for which it was primarily collected or for a related purpose, for example to trusted third party business partners and service providers that perform services on our behalf in connection with our Service (such as email providers and analytics companies). In some cases we may only disclose information with your express consent. We may also share your personal information with government agencies where we are requested or required to do so.
We will use best endeavours to put arrangements and requirements in place to reasonably provide an adequate level of protection, so that third parties who receive your personal information will also protect its security and confidentiality.
When you choose to share your content via the Service, your personal information (including any metadata associated with this content) may be shared with other users of the Service via embedded weblinks and third party social media sites such as Facebook.
We will take reasonable and appropriate steps to keep your personal information we host or collect secure. For example, we will, where reasonable, implement appropriate technical safeguards in relation to your personal information such as password protection, controlled access and data encryption.
Unfortunately, the transmission of information via the internet (by way of an email or otherwise) is never completely secure. While we will take reasonable measures to protect your personal information, we cannot guarantee the security of your data transmitted to or from our Service, and any transmission is at your own risk.
We make no representations about the retention your personal information by third parties you choose to share or make publicly available.
We will store photographs, audio, text and associated metadata you upload, and other content you create via our Service, including information you may choose to share or make public, for as long as you need it to be available to you to use our Service. Such material may remain viewable in cached and archived pages or if you or other users have copied, saved or shared that information.
You are entitled to access the personal information we hold about you. You can obtain further information on how to access your personal information from us on request, by contacting us at the address set out below.
We will take steps which are reasonable in the circumstances to ensure that your personal information is accurate, up to date and complete, and is not misleading or irrelevant. We regularly review the personal information we hold. However, you must also update us if any of your personal details change.
If you want to review (and, if necessary, request the correction of) personal information that we may have collected or hold, or if you want to complain about alleged breaches of our privacy obligations, please contact us at email@example.com. We will respond to your requests to access and to correct your personal information as soon as practicable (but in any case within a reasonable period).
In some circumstances, we may refuse to correct your personal information, in which case we will notify you in writing of the reasons for our refusal and the process for taking your request further. In these circumstances, you can ask us to place with the information a statement that you have informed us that the information is inaccurate, incomplete, out of date, irrelevant or misleading and we will take such steps as are reasonable under the circumstances to associate the statement with your information.
We may use external organisations from time to time to manage our IT systems and processes. Some of these organisations may be based overseas. Your personal information will be shared with those organisations only to the extent necessary in connection with our services.
We may from time to time transfer your personal information overseas to a country that is not subject to a comparable privacy scheme, or to an organisation that does not implement privacy protections at least comparable to the obligations that apply in Australia, and you consent to that transfer by continuing to use the Service.
We will treat any complaint about a breach of privacy legislation seriously, and will investigate any breach brought to our attention, including how it occurred and how best to prevent such a breach occurring again.
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