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Terms and Conditions

These terms and conditions (the "Terms") govern your use of the Website. Incorporated into the Terms are: the Privacy Policy; and any other policies or instructions, such as Submission Guidelines, that appear on the Website.

By continuing to use the Website or undertaking any transaction on the Website, you will be acknowledging that you have read and agree to be bound by these Terms.
If you do not agree to be bound by these Terms, please do not use the Website.

 

 

 

 

 

 



Agreement

The period of this Agreement shall commence on the date that you commence using the Website and shall continue until either party
terminates the Agreement by making the service unavailable.

Representations, Warranties and Indemnities

You warrant that you are the owner or controller of the entire copyright in the Catalogue and all necessary consents and approvals required
for us to freely exercise the rights granted in this Agreement except to the extent that you have notified us otherwise upon Submission of the
Catalogue.

You promise us that: You have the power and unrestricted right to enter and agree to all the terms of this Agreement;
You will not enter any agreement that would interfere with the full and prompt performance of your obligations under this Agreement;
All data that is provided upon Registration and upon Submission (as amended from time to time) is true and accurate in every respect and
that we may rely upon it in the exercise of our rights and powers under this Agreement;

Our use of the Catalogue in accordance with this Agreement will not infringe upon any third party copyright, trademark, patent, trade secret,
or other third party proprietary, intellectual property, or contractual or other right; No agreement of any kind previously entered into by you or entered into by you after the date of this Agreement will interfere in any manner with the rights granted to us under this Agreement; Except as otherwise expressly provided in this Agreement, you shall be solely responsible for the payment of any and all of the following: You have the power and unrestricted right to enter and agree to all the terms of this Agreement; all publishing royalties payable to publishers, publishing administrators, writers and co-writers of Compositions that are included in the Catalogue; any other fees, compensation, royalties or other monies due and or payable with respect to the artwork, metadata, trademarks and logos in the Catalogue 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 this Agreement.

You shall not: manipulate, change or otherwise alter, reproduce or adapt any other persons' material which you may access or obtain via the
Website or "harvest" data from or about the Website; use the Website to harass, or intimidate or threaten any other users or infringe the rights
of any other person; or use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any
activities being conducted on the Website. You may not take any action, which imposes an unreasonable or disproportionately large load on
our infrastructure. You may not disclose or share your password (if any) with any third parties or use your password for any unauthorised
purpose.

Without limiting you will indemnify us against any liability, loss, damage, cost or expense, caused by any breach by you of any provision of this Agreement.

Other people provide content on the Website. We cannot guarantee that the content on the Website is true, accurate, not misleading or defamatory. You should not rely or act on the basis of any such information without making your own proper and detailed independent assessment of that information.

You acknowledge that you are using this Website and relying on material on this Website at your own risk. We provide this Website "as is" and to the extent permitted by law, unless expressly stated otherwise, we make no warranties, express or implied, in relation to the Website or the services supplied through this Website, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. We do not make any warranties that this Website will be available, complete, uninterrupted or error-free.

We are not involved in any agreement that you may reach with another person through information located via the Website. We are not your agent or the agent of any person with whom you may seek to deal as result of information located via the Website. Accordingly, if you have a dispute with any other user of the Website, you release us (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such dispute.

To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Website or any other services provided by us are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to re-supply the services; or the payment of the cost of having the services re-supplied.

In no event will we (including our directors, officers, agents, employees or contractors) be liable for any: direct loss; or indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of the agreement formed on the basis of these Terms by us.

General

This Agreement contains the entire agreement between you and Epod relating to the Catalogue and supersedes any prior agreement. The validity, construction, breach and operation of this Agreement shall be governed by the laws of and shall be adjudicated in the State of New South Wales.

When you Submit Catalogue material, we will take reasonable care to archive digital material. However, we shall not be liable for any loss, corruption or damage to any material you Submit or otherwise deliver to us. You acknowledge that we will have no obligations as the bailee of any such material.

You and Epod are each independent contractors. This Agreement does not create any agency, partnership or employee/employer
relationship between you and Epod.