Terms & Conditions

1. Introduction

Universal Music Publishing Pty Limited (ACN 003 188 967) ("Universal", "we", "our" or "us") operates the Universal Music Publishing online music service ("Service"). Your access to and use of the Service is subject to these Terms of Use. Our related bodies corporate (as defined in the Corporations Act 2001 (Cth)), agents, representatives and licensors will be referred to individually and collectively as the "Universal Entities" in these Terms of Use. The primary website address for Universal Music Publishing is www.umusicpub.com.au. This, and all associated sites linked to it by Universal, are referred to in these Terms of Use as the Website (the "Website").

2. These Terms of Use and your agreement with Universal

These Terms of Use (which incorporate the Privacy Policy), as amended or revised by us from time to time, apply to anyone visiting the Website or using the Service.  They govern the provision of all the services, content, information, features, functions and activities offered by us to you in connection with the Website and Service.

3. Content

“Content" means all content including music, audio, video, text, illustrations, images, photographs, animations, data, information, software, databases, designs, other proprietary information and materials and all copyright protected or otherwise legally protectable elements of the Service, software and Website, tangible or intangible, including the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in other intellectual property which you may encounter in connection with the Service, the Website or the software.

4. Your conduct and using the content

• Your use of the Content is subject to these Terms of Use and you may not directly or indirectly reproduce, modify, display, broadcast, perform, transfer, distribute or use Content in any manner that is inconsistent with the Terms of Use or any laws or regulations that apply.
• You agree to copy, record, play back and download only Content for which you have the necessary authorisation, permissions and licences.
• Digital Rights Management, intellectual property and/or security technology protections may be provided with or in the Content and you must not directly or indirectly circumvent, reverse engineer, decrypt, or otherwise alter, modify, restrict or interfere with such protection or any of the means by which we monitor and administer these protections or rules.
• All Content belongs to Universal, the Universal Entities, or their respective licensors, suppliers, operational service providers or advertisers, and is legally protected under Australian Commonwealth and State laws, as well as applicable foreign laws, regulations and international treaties.
• The Service, the Website, the software and all Content are provided solely for your non-commercial, non-exclusive personal use.
• Your rights are non-assignable, non-transferable and limited to those specifically and expressly granted to you by us.
• You must not alter, delete, or conceal any copyright or other notices.
• You must not, nor will you allow any third party to, reproduce, modify, edit, create derivative works from, display, perform, publish, distribute, communicate, disseminate, broadcast or circulate to any third party or otherwise use, any Content without the express prior written consent of Universal or the owner of such Content if Universal is not the owner.
• Nothing must be construed as assigning, transferring or granting to you, any right, licence or interest in or to the Service, the Content, the Website or any software, except for the specific, restricted and limited rights granted to you under the Terms of Use.
• Any use of the Service, the Content, the Website or any software that is not expressly permitted under the Terms of Use is strictly prohibited.
• If we no longer have the right to make certain Content available, for any reason and at any time, you will no longer be able to obtain or use that Content from the Service, even if you originally obtained it from us.

5. Your responsibilities

You must not use or allow others to use the Servie, the software or the Website in any manner that may:
• use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
• breach any laws or regulations, infringe a third party’s rights or privacy, or be contrary to any relevant standards or codes;
• use another person’s registration details or password without that person’s permission; or
• tamper with, hinder the operation of or make unauthorised modifications to the Service or Website or the use and enjoyment of the Service or Website by other users.
You are responsible for ensuring that your computer and devices, hardware and software ("Equipment") can connect to the Internet and are compatible with Windows Digital Rights Management.

6. Monitoring and removal of material

If you believe the Website, the software or the Service contains elements that infringe your copyright in your work or anyone else's copyright, please contact us at publishingaustralia@umusic.com

7. Representations, warranties and consumer guarantees

You acknowledge and agree that your use of the Service, the software and the Website is at your own risk subject to the rights and obligations that you and Universal have under the Australian Consumer Law and general law. We make no representation or warranty that any Equipment, including portable devices, will be compatible with the Service or the Website. Consumer guarantees under the Australian Consumer Law apply.  We make no representation or warranty additional to those consumer guarantees.

8. Disclaimer and limitation of liability

To the fullest extent permitted by law, under no circumstances will Universal or any of the Universal Entities (including any of their directors, officers, employees, consultants, shareholders) be liable for any unauthorised use of the Service, the Website, software, Content, products or other goods or services, by you or anyone using your email address, password or other identification.
You expressly acknowledge and agree that Universal is not responsible for and accepts no liability in relation to, any other users of the Service or the Website or the providers of information, content, or ideas to the Service or Website. You further acknowledge and agree that in no circumstances other than breaches of the Australian Consumer Law will Universal be liable to you for any indirect, incidental, special or consequential losses or damages or for any loss of profits, goodwill, data or opportunity (whether such losses are direct or indirect) of whatever nature howsoever arising. In the event of any breach of the Australian Consumer Law the extent of liability is governed by that Law.
Universal is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website, the Service or any Content.
The liability of Universal or Universal Entities (including any of their directors, officers, employees, consultants, or shareholders) in connection with goods or services supplied to you is subject to the Australian Consumer Law.  Except in the case of a major failure to comply with a consumer guarantee, liability will at the election of Universal be limited to:

• in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
• in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. For the avoidance of doubt, you acknowledge and agree that your use of the Service and Website does not include the supply of any telecommunications service by Universal, and any liability to re-supply the service or pay the cost of having the service supplied again, does not include the supply of, or payment for, any telecommunications service.

9. Third party content and sites

These Terms of Use do not cover your rights or responsibilities with respect to third party content or web sites or any links that may direct your browser or your connection to third party sites or pages.

Holders of rights to Content provided to Universal are third-party beneficiaries under these Terms of Use and they have the right to enforce the provisions that concern the protection of their intellectual property rights and ownership interests directly against you.

URLs or hyperlinks may appear on the Website. We do not endorse or have any responsibility for any such third party or third party sites you may visit or be directed to via a URL or hyperlink on the Website. In no event shall we assume or have any responsibility or liability to you for any third party obtaining or collecting personal information from you.

10. Security

We have the right to disclose your personal information, to any authority, government official, credit reporting agency or third parties for the purpose of administering the Website or in connection with any investigation, proceeding or claim arising from any illegal action or infringement arising from your use of the Service or the Website.

11. Advertising

You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Service or the Website ("Advertisers"). All such contact, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions.

12. Promotions and marketing

Universal, Universal Entities and our operational service providers, suppliers and Advertisers may conduct competitions or other promotions on or through the Website ("Promotions"). The rules of any Promotion will be deemed to be incorporated into and form a part of the Terms of Use.

If you consent, Universal may send you special offers and news from time to time. You can opt out of receiving such messages by using the unsubscribe facility in the messages.

13. Pop-ups

Pop-ups may be used on the Website to provide you extended information or to inform you about special offers, Promotions, suggestions and so on. If you want to receive such information you will need to set your pop-up blocker (if you have one) to accept pop-ups from the Website. While we will take care to prevent unauthorised pop-ups, we will not be liable for any unauthorised pop-ups which may appear as a result of your use of the Website.

14. Term

The Terms of Use remain in full force and effect for as long as you use the Service.

15. Suspension or termination by us

We may, in whole or in part, at our sole discretion and without prior notice to you suspend, cancel and/or terminate your use of the Service or the Website.

If you breach (or we reasonably believe you have breached) the Terms of Use, or if we determine (or have reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of the Service or the Website without notice to you.

You will continue to be bound by and required to comply with your obligations under the Terms of Use in the event that your use of the Service or Website is suspended or deactivated. You must also continue to comply with any obligations under the Terms of Use that survive the termination of your use of the Service or cancellation of the Service or Website.

16. Changes to the Terms of Use

We may change the terms and conditions of the Terms of Use from time to time by notice on our Website or by email to you. These changes are effective immediately and by using the Service or the Website after such notice has been given you agree to be bound by them. We may also modify, suspend or withdraw all or any part of the Service or Website, temporarily or permanently, with or without notice to you, and without any liability to you or any other party. If you believe a change to the Service or Website has materially affected your experience, please contact us at publishingaustralia@umusic.com to discuss your concerns. We reserve the right to charge for access to or use of the Service or Website (or any part of these) in the future, or to require registration at our sole discretion.

17. Miscellaneous

If any term or condition of the Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and if possible, that term or condition will be deemed amended or construed in such a manner to the extent necessary to render it legal, valid and enforceable.
Any provision of the Agreement which should survive in order to allow us to enforce its meaning and intent shall survive.

You may not transfer or assign the Agreement to anyone else and any attempt by you to do so will be null and void.

No employee, agent or other representative of Universal or a Universal Entity is authorised to make a representation inconsistent with these Terms of Use.

18. Governing law

The Agreement is governed by the laws of New South Wales except to the extent that the Australian Consumer Law may require otherwise.

Date of last revision: 11 September 2012

19. Watermarked Music

The music being made available to You by UMPG in connection with the Use contains a unique inaudible personalized watermark that is traceable directly to You. Any copies made of such music contain the watermark.

The music has been supplied to You for personal, non-commercial listening only, and solely in connection with the Use.  Any transfer or making available of the music to any other party, in any format whatsoever, is strictly prohibited.  It is Your responsibility to ensure that the music is kept securely and only used for purposes of the Use.  If the music has been provided to You on a digital streaming-only basis, any downloading of the music is strictly prohibited. If the music has been made available to You on a digital download-only basis, You may only transfer copies to a PC, portable player or CDR for Your personal, non-commercial listening, and solely in connection with the Use, and You are responsible for the security of the music on those devices.  You are not authorized to provide the music on those devices to any other party.  UMPG retains ownership of all music provided via the Use.  No ownership whatsoever, including but not limited to copyright, is being granted to You in the music provided in the Use.  You are not authorized to create any derivative work(s) based upon the music provided in the Use.  No license whatsoever is being granted to You in connection with the music provided in the Use.  All right, title and interest, including intellectual property rights, in and to the music in the Use shall remain with UMPG.  UMPG reserves the right to require You to return or destroy the music provided in the Use at any time for any reason, and You agree to do so promptly on UMPG request, and provide prompt written confirmation of such return or destruction.

UMPG may terminate or suspend Your access to the music in the Use immediately, without prior notice or liability, for any reason whatsoever, including without limitation, Your breach of any of these Terms and Conditions, in whole or in part.  All provisions of these Terms and Conditions shall survive termination.  Upon termination, Your access to the music in the Use will cease immediately.

UMPG reserves any and all rights, both in law and in equity, to take any necessary civil or criminal action against You if You breach any of these terms and conditions, in whole or in part, or any copyright law relating to the Use.  By accessing the music provided in the Use, You agree to be bound by these Terms and Conditions and accept all legal consequences.  If You do not agree to these Terms and Conditions, in whole or in part, please do not use the music in the Use for any purpose whatsoever, including but not limited to personal, commercial or non-commercial uses.  

UMPG reserves the right, at its sole discretion, to modify or replace these Terms and Conditions, in whole or in part, at any time.  By continuing to access or use the music in the Use after any such revisions become effective, You agree to be bound by such revised terms.  If You do not agree to the new terms, in whole or in part, do not use the music in the Use.