This is a legal agreement (“Agreement”) between and among you and befriends.com.au (collectively, “befriends.com.au”) stating the terms that govern your (i.e., customer, registered user, website visitor, brand, etc.) use of the befriends.com.au website, including any befriends.com.au branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and befriends.com.au reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement.
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to befriends.com.au: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
2. Content and Products.
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to befriends.com.au, and is protected by Australia and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of befriends.com.au or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by befriends.com.au for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by befriends.com.au Sounds.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and befriends.com.au shall have no liability to you for Content that may be found objectionable, indecent, or offensive. befriends.com.au reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to befriends.com.au (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favouriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. befriends.com.au may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if befriends.com.au, in its own discretion, suspects fraudulent and/or illegal behaviour, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that befriends.com.au may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify befriends.com.au immediately of any unauthorized use of your password and/or Account. befriends.com.au shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify befriends.com.au, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, befriends.com.au shall have the right to terminate your Account and pursue all available remedies at law.
5. Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for befriends.com.au to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
6. System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, playback, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
7. Charges and Billing.
You agree to pay for all for-fee products you purchase through the Website. befriends.com.au may charge your credit card for any Products purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize befriends.com.au to charge your credit card for the above at befriends.com.au’s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING befriends.com.au WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, befriends.com.au may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential. befriends.com.au may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and befriends.com.au will not be liable to you or to any third party should it exercise such rights.
8. Limitation on Sales
befriends.com.au sells Products to end-user customers only and not to resellers, distributors, music dealers, exporters, wholesalers, or other businesses intending to resell. befriends.com.au reserves the right to refuse access to the Website or befriends.com.au API or the sale of Products to an end user. befriends.com.au may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. befriends.com.au does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads. Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction. Each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfilment of an order. For the purpose of creating befriends.com.au charts and other marketing data, befriends.com.au reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behaviour intended to, in befriends.com.au’s sole discretion, falsely inflate sales data.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. befriends.com.au will not refund any fees for Products or services that you purchase and then fail to download unless such failure is caused solely by the negligence or gross misconduct of befriends.com.au.
12. No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, befriends.com.au reserves the right not to accept end-user orders with prices based on typographical errors.
13. Taxes.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or another form of confirmation does not (1) constitute befriends.com.au’s offer to sell or (2) convey befriends.com.au’s acceptance of your order. befriends.com.au reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, befriends.com.au reserves the right, at its discretion, to accept payment and process delivery of the Product without accounting for the purchase for befriends.com.au chart purposes if it believes, for any reason, at its discretion, that such purchase was solely intended to inflate sales data falsely.
15. Charges and Billing.
befriends.com.au currently accepts American Express, Visa, Master Card, JCB and PayPal. befriends.com.au does not accept cash, money orders, or checks. befriends.com.au reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including applicable taxes), at the rates in effect when the charges were incurred. You, not befriends.com.au, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card. As such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by befriends.com.au will survive the termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at befriends.com.au’s management’s sole discretion.
16. Currency.
befriends.com.au accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. Befriends.com.au, LLC shall process all purchases made using US Dollars. All purchases made using a currency other than US Dollars shall be processed by befriends.com.au Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
17. Limitations of Content Usage and Copyright.
befriends.com.au may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by befriends.com.au (“Content Rules”) and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for the use of the Website or any of the Content Rules. befriends.com.au RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt or support others’ attempts, to download, copy, distribute, alter or capture a Stream.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. befriends.com.au shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code and violates Australia and international copyright and intellectual property laws.
18. Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads and/or Streams. You may not create any “derivative works” by altering any of the Content except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and violates Australia and international copyright law.
19. Stems File Format
The Limitations of Content Usage and Copyright, as provided in Section 17 of this Agreement, the Prohibited Uses of Content, as provided in Section 18, and any other terms and conditions that apply to standard digital downloads of sound recordings, are applicable to any Content downloaded in the Stems file format. For clarity, any digital download of a sound recording, including those in the Stems file format, other than those specifically purchased on the befriends.com.au Sounds platform, are provided only for personal, non-commercial use or performance unless you have cleared all necessary rights in the Content.
20. Loss of Rights by befriends.com.au.
befriends.com.au may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
21. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
22. Community and Brand Features / Public Areas.
The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s charts and a user’s collection of Content. befriends.com.au HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. befriends.com.au is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile or send to another user.
23. befriends.com.au Username Policy.
No two users or DJs can have the same befriends.com.au Username or DJ name (collectively, “befriends.com.au Username”) on the befriends.com.au platform. befriends.com.au Usernames are provided on a first-come basis.
befriends.com.au will not typically intervene in befriends.com.au Username disputes. Disputes should be resolved between the parties. However, befriends.com.au reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her befriends.com.au Username in situations where:
(i) an account has been inactive for a period of time;
(ii) befriends.com.au determines that a befriends.com.au Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by befriends.com.au to be otherwise misleading;
(iii) befriends.com.au suspects that a befriends.com.au Username is being squatted;
(iv) the registered befriends.com.au Username is that of a more established, well-known DJ, and befriends.com.au’s decision not to reassign the befriends.com.au Username will lead to consumer confusion; and
(v) befriends.com.au has determined, in its own discretion, the situation is such that removing or reassigning the befriends.com.au Username is most appropriate under the circumstances.
Any attempts to sell, buy or solicit other forms of payment in exchange for a befriends.com.au Username is strictly prohibited and may result in permanent account suspension.
