12am.com.au : Mixing Music Media


	.: 12am Terms & Conditions

Effective Date: 25 August, 2003

The following Website Terms and Conditions Agreement (the "Agreement") governs your use of the Website accessible at universal resource locator 12am.com.au. Your use of 12am.com.au constitutes your acceptance of the Agreement. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of 12am.com.au, which license and permission are freely revocable at any time, with or without cause, and with or without notice, by 12am.com.au, as described more fully below. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

1. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on 12am.com.au, and the selection, coordination, and arrangement of such content, are owned by 12am.com.au, as applicable among us, or their third-party licensors, to the full extent provided under the Australian Copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of 12am.com.au for any purposes. Nothing stated or implied on 12am.com.au confers on you any license or right under any copyright of 12am.com.au, or any third party.

12am.com.au and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of 12am.com.au is strictly prohibited, without the prior written consent of 12am.com.au. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from 12am.com.au is prohibited.

2. Modification of This Agreement
12am.com.au reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of 12am.com.au after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use 12am.com.au.

3. Links
This Service may contain links to other services ("Linked Services"). The Linked Services are not under the control of 12am.com.au, and 12am.com.au are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. 12am.com.au provide any Linked Services to you only as a convenience, and the inclusion of any such Linked Services is not an endorsement by 12am.com.au in favor of any company offering Internet services, products or services on the Linked Services.

Other sites may link without prior permission to the home page of 12am.com.au. Additional Agreement by Linked Services: any third party Web site that links to 12am.com.au: (a) shall not create a frame, browser or border environment around any of the content of 12am.com.au; (b) may link to, but not replicate, Service content; (c) shall not imply that 12am.com.au are endorsing or sponsoring it or its products or services; (d) shall not present false information about 12am.com.au or its products or services; (e) shall not use the 12am.com.au logo without the prior written permission from 12am.com.au; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to 12am.com.au from any Website, and to require termination of any link to 12am.com.au, for any reason in our sole and absolute discretion.

4. Obligations
You are required to comply with all applicable law in connection with your use of 12am.com.au, and such further limitations as may be set forth in any written or on-screen notice from 12am.com.au. As a condition of your use of 12am.com.au, you represent and warrant that you will not use 12am.com.au for any purpose that is unlawful or prohibited by this Agreement.

5. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through 12am.com.au that:

(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant 12am.com.au the rights and licenses set forth in Section 7 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant 12am.com.au the rights and licenses set forth in Section 7 of this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined by 12am.com.au in their sole discretion;
(e) is sexually-explicit;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of 12am.com.au, or for purposes of registering for any promotions offered through 12am.com.au;
(b) delete or revise any material or other information of any other user of 12am.com.au;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on 12am.com.au’s infrastructure;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of 12am.com.au or any activity being conducted on this site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search 12am.com.au to harvest or otherwise collect information from 12am.com.au to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of 12am.com.au.
You further agree not to violate or attempt to violate the security of 12am.com.au, including, without limitation:

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", 12am.com.au;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
12am.com.au may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

12am.com.au reserve the right (but do not have the obligation) to review postings on its Service, to remove any postings, and to terminate your ability to post to 12am.com.au at any time without notice, in its sole discretion. 12am.com.au also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

6. Conduct
You are responsible for, and assume all liability associated with, any material you make available or transmit through 12am.com.au, whether through chat rooms, messages boards or other forums, including liability for claims of infringement, libel and slander. You may not post, transmit through or otherwise make available on or through 12am.com.au (i) any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of 12am.com.au any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose). Although 12am.com.au do not and cannot review every message posted on or transmitted through 12am.com.au, 12am.com.au shall be under no obligation to permit any material posted or transmitted to remain on 12am.com.au, and may remove from, or refuse to display on 12am.com.au any material that 12am.com.au, in the exercise of their sole discretion, believe violates this Agreement.

7. License Granted
We do not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through 12am.com.au (expressly excluding your user data which is collected in accordance with 12am.com.au Privacy Policy) ("Your Content"). However, by submitting or posting Your Content, to or through 12am.com.au, you grant 12am.com.au a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of Your Content. 12am.com.au are free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using Your Content. 12am.com.au are under no obligation to maintain any of Your Content and may remove any of Your Content at any time in its sole discretion.

By posting or submitting Your Content to this Service, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by 12am.com.au will not infringe or violate the rights of any third party or violation applicable law.

8. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide 12am.com.au Copyright Agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on 12am.com.au that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that 12am may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
12am.com.au reserve the right to remove any posted submission which infringes the copyright of any person under the laws of Australia.

9. Registration, Username, Password, Security.
(a) Registration. Registration may be required for the use of certain portions of 12am.com.au. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any 12am.com.au registration agreement conflict with the terms of this Agreement, the registration agreement shall control.
(b) Your User Identity. Your username and password will be your identity for purposes of interacting with Service and other users through 12am.com.au.
(c) , User Name, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for 12am.com.au. You shall immediately notify 12am.com.au if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of 12am.com.au. In the event of such loss, theft, or unauthorized use, 12am.com.au may impose on you, at 12am.com.au’ sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorized person obtains access to 12am.com.au as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief 12am.com.au. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

10. Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in 12am.com.au Privacy Policy, a copy of which you should review. You in turn agree and consent to the terms of 12am.com.au Privacy Policy by your use of 12am.com.au.

11. Access to 12am.com.au
In order to access 12am.com.au, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

12. Disclaimer of Warranties
12am.com.au IS PROVIDED "AS IS." 12am.com.au MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO 12am.com.au, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH 12am.com.au. 12am.com.au DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 12am.com.au DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN 12am.com.au, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF 12am.com.au, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY 12am.com.au OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT 12am.com.au WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

12am.com.au MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH 12am.com.au WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.

13. Limitation of Liability
IN NO EVENT WILL 12am.com.au OR THEIR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL 12am.com.au OR THEIR AFFILIATES ORANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO 12am.com.au, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF 12am.com.au) EVEN IF 12am.com.au OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

12am.com.au RESERVE THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 12am.com.au HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 12am.com.au’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL 12am.com.au’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).

14. Indemnification
Upon a request by 12am.com.au, you agree to indemnify and hold harmless 12am.com.au and their respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this Service, your use of 12am.com.au, your violation of this Agreement or your violation of any rights of another.

15. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of Australia. You expressly consent and agree to submit to the exclusive jurisdiction of Australia, in all disputes arising out of or relating to the use of this Service.

16. Australian Jurisdiction
12am.com.au is operated in Australia. We do not represent that content or materials presented on 12am.com.au are appropriate or available for use in other locations. If you access 12am.com.au from a jurisdiction other than Australia, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of 12am.com.au.

17. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and 12am.com.au and governs your use of this Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and 12am.com.au. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on 12am.com.au changes to this Agreement, or by a subsequent writing signed by 12am.com.au.

18. No Waiver
The failure of 12am.com.au to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

19. No Professional Advice
Any information supplied by any employee or agent of 12am.com.au, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of 12am.com.au, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. 12am.com.au make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through 12am.com.au, and 12am.com.au will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

20. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 12am.com.au as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of 12am.com.au’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by 12am.com.au with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

21. Termination
12AM.COM.AU reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of this Service, with or without notice and with or without cause. Termination of your access to this Service means the revocation of the limited and temporary license and permission to use the software and other resources of 12am.com.au granted to you under this Agreement by 12am.com.au. The provisions of this Agreement will survive the termination of your access to 12am.com.au and of this Agreement.

22. Notices
12am.com.au may give notices to users of 12am.com.au, at 12am.com.au’ option, by posting a message on 12am.com.au, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Notices by users to 12am.com.au must be given by electronic or conventional mail. Notices to 12am.com.au by electronic mail must be sent to 12amnotices@12am.com.au. Notices to 12am.com.au by conventional mail must be sent to: Marius Jones, PO Box 1212, Windsor, VICTORIA 3181. Notices by a user to 12am.com.au will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorized officer of 12am.com.au.

23. Violations.
Please report any violations of this Agreement to 12am@12am.com.au.