RingSingThing User Terms of Use
Between
RingSingThing Pty Ltd ACN 120 497 378 and the Party who accesses the Website and registers (the User).Background
A. The RingSingThing Website allows Users to upload original songs via phone and original videos via web. The Website is also licensed to allow Users to upload APRA and AMCOSS licensed works via phone enabling users to participate in a monthly competition that is voted on by site users
B. The RingSingThing Website is an online community that facilitates Users participating in an online singing and voting competition.
C. The User intends to browse and has the option of uploading songs to the website (“the Website”) and agrees to abide by these Terms of Use as amended by RingSingThing and notified to the User from time to time.
D. The songs are classified by the User. RingSingThing can not and does not warrant the accuracy of classification of User songs. Songs incorrectly classified are solely at the risk of the User.
Definitions and interpretation
1. Definitions
Account means a User's registration with RingSingThing for the purpose of viewing and uploading songs to a monthly singing competition.
User means a person who visits the Website or creates an account at the Website or calls the RingSingThing interactive voice response (IVR) system available at 02 6223 2040
Content means any information uploaded, submitted or otherwise contributed to the Website by a User. Content may include songs, reports, data, information, text, fonts, designs, graphics, logos, artwork, templates and any other material of any sort and in any form.
Original song means a song uploaded by a User and classified as Original.
GST has the same meaning given to it under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property and Intellectual Property Rights means:
(a) any copyright (including neighbouring rights), trade marks (whether registered or unregistered), trade secrets, service marks, designs, drawings, patents, moral rights, secret processes, business or domain names, or other similar proprietary right and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields; and
(b) any rights to the registration of those rights;
whether created, formed or arising before or after the date of a User's use of the Website in Australia or elsewhere.
Parties means the parties to these Terms of Use, being the User and RingSingThing
Personal Information means information or an opinion (including information or an 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.
Website means the RingSingThing website and its associated websites.
2. Interpretation
In this document:
2.1 A reference to persons includes corporations; words including singular numbers include plural numbers and vice versa; words including a gender includes all genders.
2.2 A reference in this document to a statute or a section of a statute includes all amendments to that statute or section passed in substitution for the statute or section referred to and incorporating any of its provisions.
2.3 Except for the purpose of identification headings have been inserted in this document for the purpose of guidance only and are not part of this document.
2.4 A reference to '$' or 'dollars' is a reference to the currency of Australia.
2.5 Mentioning anything after 'include', 'includes' or 'including' does not limit what else might be included.
Operative Provisions3. Permission To Use The Website
3.1 RingSingThing grants the User permission to use the Website and any associated services of RingSingThing subject to the User's compliance with these Terms of Use.
3.2 The User warrants that the User is over 18 years of age and is capable of entering legally binding agreements. If the User is under 18 years of age, the User warrants that the User has parental consent to use the Website.
3.3 RingSingThing may revoke, in part or in full, any permission granted to the User under these Terms of Use at any time, should RingSingThing believe that the User does not comply with these Terms of Use or any RingSingThing policies or procedures as notified to the User from time to time.
4. Account Creation
4.1 The User's Account must be used in accordance with these Terms of Use.
4.2 The User must, in registering for an Account and in its use of the Website, provide RingSingThing with accurate and up to date information sufficient for RingSingThing to identify the User.
4.3 The User must not transfer, assign, sell or otherwise assign any rights to their Account to pass to another party, except where provided in these Terms of Use.
4.4 The User is responsible for the User's Account, including any unauthorised use of the User's Account.
4.5 The User is responsible for the security of the User's Account password.
4.6 The User must not use another User's Account without that User's permission.
4.7 The User must not create or use an Account under fraudulent, dishonest or other circumstances which are contradictory to the Website's purpose (“Account misuse”). Account misuse includes:
(a) any publication of Content that contradicts these Terms of Use;
(b) the use of automated systems, including spiders and robots, but does not include the use of spiders by public search engines to reproduce materials from the Website for the sole purpose of creating publicly available searchable indices; or
(c) advertising, soliciting business or offering to sell any goods or services except as permitted by RingSingThing.
5. Other Users
5.1 RingSingThing cannot, and therefore does not, guarantee other Users will abide by RingSingThing's Terms of Use. Any act, omission or liability of another User is the act, omission or liability of that User and not RingSingThing's..
5.2 RingSingThing cannot, and therefore does not, guarantee that another User's purported identity is accurate.
5.3 RingSingThing cannot, and therefore does not, guarantee that any Content belonging to a User will be in accordance with RingSingThing's Terms of Use.
5.4 RingSingThing cannot, and therefore does not, guarantee that a song classified by a User is accurate. A song classification by a User is not a warranty of a songs originality or otherwise .
6. User Acknowledgements
6.1 The User acknowledges that:
(a) RingSingThing may change, cancel or suspend any services offered at any time, including termination of the User's Account;
(b) RingSingThing may send communications and notices to the User regarding that User's activities on the Website. At no time during the User's use of the Website do these communications and notices represent RingSingThing endorsement or approval of the User's activities; and
(c) RingSingThing may modify or remove any Content contributed by the User.
6.2 The User warrants that at all times the User will:
(a) comply with all RingSingThing policies and procedures;
(b) refrain from using the Website for any fraudulent, illegal or otherwise dishonest purpose; and
(c) not infringe any Intellectual Property Rights of RingSingThing, its Users or any other person, and in respect of any Content contributed by the User, that User has all necessary rights and/or licences to use, and to allow RingSingThing to use, all Intellectual Property subsisting in that Content including ensuring that when uploading a cover it is a APRA AMCOSS licensed work..
6.3 The User acknowledges that it has an obligation to notify RingSingThing of any suspected Account misuse or other behaviour that is in contradiction to these Terms of Use as soon as reasonably possible.
6.4 The User acknowledges that RingSingThing may retain any monies or prizes owed to the User if the User fails to comply with these Terms of Use.
7. Intellectual Property
7.1 The User grants RingSingThing a royalty-free, worldwide, non-revocable licence to use all Content, and any Intellectual Property Rights subsisting in the Content, for RingSingThing purposes, including marketing and advertising purposes.
7.2 RingSingThing permits the User to use all Content for the User's personal use. Personal use is limited to printing one copy of a page of the Website, which must not be further reproduced, transmitted, broadcast, sold, licensed, distributed or otherwise exploited, and must retain all copyright and other Intellectual Property notices.
7.3 The User grants other Users of the Website a non-exclusive licence to access and use the User's Content on the Website in accordance with these Terms of Use.
8. Privacy
8.1 The User acknowledges that by using the Website the User allows for any Personal Information that it may disclose to be made available to RingSingThing and to other Users.
8.2 The User acknowledges that by entering these Terms of Use the User is transferring, and permitting RingSingThing to transfer, Personal Information.
8.3 The User must comply with the RingSingThing Privacy Policy, available at www.ringsingthing.com.au/privacy.jsp and as amended from time to time.
8.4 The User acknowledges that the RingSingThing Privacy Policy forms part of these Terms of Use.
8.5 The User acknowledges that RingSingThing is an online singing competition community and as a result, the User may be the recipient of contact details and/or Personal Information pertaining to other Users. The User agrees to treat other Users' Personal Information with strict confidence at all times, in accordance with the RingSingThing Privacy Policy.
8.6 The User acknowledges that in the event that a third party claims that the User has infringed any Intellectual Property Rights, failed to complete a transaction or in any other way failed to comply with these Terms of Use, that User's Personal Information may be disclosed by RingSingThing to such third parties as well as any authorities as RingSingThing in its absolute discretion sees fit.
9. Transactions initiated online
9.1 Songs on the Website are submitted by Users. RingSingThing does not warrant or represent that any information contained in a User's upload is complete, current or accurate.
9.2 The User agrees to use caution and to make appropriate inquiries, including inquiries as to the originality and classification category of every song before making any song upload to the Website.
9.3 The User agrees to correctly classify songs.
9.4 The User indemnifies RingSingThing against any incorrect classification made by the user
9.5 RingSingThing has no control over, and as a result is not responsible for:
(a) any classification associated with songs;
(b) any issues of quality, fitness for purpose, accuracy in song or titling descriptions and any other representations made by Users;
(c) any representation of originalty, including authorship
(d) any transactions between Users.
9.6 The User is responsible for any tax implications that may arise from an offer for an original song . The User should seek independent financial advice before making any transaction on the Website.
10. Indemnities and Limitations on Actions
10.1 The User indemnifies RingSingThing and its employees, agents, contractors and directors (those indemnified) from any claims, losses, damages or expenses arising from or in connection with:
(a) the unauthorised use of the User's Account or another User's Account;
(b) an interruption to the availability of the Website, including scheduled and unscheduled downtimes;
(c) any links to a third party website and any content of a third party website that can be accessed by a link on the Website;
(d) any advertisements for goods and services on the Website offered by a party other than RingSingThing;
(e) Content or any use of Content that may:
(i) infringe any person's rights, including any person's Intellectual Property Rights;
(ii) contain or imply any defamatory, offensive, illegal or otherwise inappropriate statement;
(iii) contain any negligent statement or statement that is likely to mislead or deceive;
(iv) breach any person's confidentiality or privacy;
(v) breach any other law, contravene an injunction or amount to a contempt of court; or
(vi) be inaccurate;
(f) viruses, Trojans, worms and other forms of malware that may be present on the Website; or
(g) transactions or purported transactions initiated on or in connection with the Website.
10.2 The User acknowledges that any action, regardless of form, arising under or in connection with these Terms of Use must be brought within one year of such action accruing.
11. Exclusion of Liabilities and Warranties
11.1 Where RingSingThing pays a rolyalty to APRA or Amcoss, it is based on the information provided to RingSingThing by Website Users. A song classification is not a warranty on the part of RingSingThing that a song is original or a cover.
11.2 RingSingThing excludes all liability and all warranties, including any warranties relating to fitness for purpose or merchantable quality, to the full extent permitted under the Trade Practices Act. Where that Act prevents RingSingThing from excluding liability to a consumer (as defined in that Act).
12. General Provisions
12.1 These Terms of Use are governed by the laws of the Australian Capital Territory and both Parties submit to its exclusive jurisdiction.
12.2 RingSingThing may vary these Terms of Use at any time without notice. The Owner acknowledges that it has the responsibility of reviewing the Terms of Use for any changes.
12.3 These Terms of Use constitute the entire agreement between the Parties to the exclusion of any prior representations, warranties or statements.
12.4 The User must not assign any rights under these Terms of Use.
12.5 If a clause(s) of these Terms of Use is held to be invalid or otherwise unenforceable it will be severed. Severing a clause(s) will not affect the enforceability of the remainder of the Terms of Use.
