This Site is owned and operated by Xelon Entertainment Pty Ltd ("we", "us"). If you would like to contact us about anything contained on the Site, please contact us using the following details:
2.1 The Site comprises of public facing sections which are accessible to all users of the Site.
2.2 If any user completes the registration process in order to be able to upload their recordings to the Site ("Registration") then each such registrant receives a personal log in and password which provides access to their own private account ("Personal Area"). The Personal Area is not accessible to users of the site and can only be accessed using the log in and password.
3.1 To complete Registration, you must be at least eighteen years old. By completing Registration you are confirming that you are at least eighteen years old. Your Registration with the Site and access to your Personal Area may be terminated without warning if we have any reason to believe that you are under eighteen years of age. By completing Registration you represent and warrant that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information by letting us know if your details change.
3.2 If you complete Registration and receive a password, you will be required to submit the password each time you log into your Personal Area. It is your responsibility to keep your password safe and secret. We will be entitled to assume that any person logging into your Personal Area using your password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging onto your Personal Area using your password (including without limitation, uploading recordings and/or artwork and/or biographies, requesting royalty payments). Therefore, you should notify us immediately by contacting us on firstname.lastname@example.org if you suspect that anyone else knows your password and has logged on as you.
3.3 We may at any time and for any reason refuse to accept a registration from any person.
4.2 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
4.3 If you complete Registration, you agree that when using the Site, including without limitation, your Personal Area, you will not:
4.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
4.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site.
5.1 If you complete Registration, you will then be able to upload to your Personal Area audio and audio-visual recordings, photographs, artwork, images and biographies (together, in each case, with Associated Metadata, as defined in the Terms and Conditions) (collectively "Content"). You will then be able to: (i) select territories and services ("Digital Distribution Services") via which your Content will be distributed; and (ii) pay the applicable subscription fee(s).
5.2 If you complete Registration, you may only upload Content in accordance with clause 4 and:
All Content that you upload to your Personal Area may be seen by the owners and users of the Digital Distribution Services which you select to distribute your Content. Please do not include the following information in any Content that you upload to Your Personal Area: telephone numbers; addresses; surname; banking details and other personally identifying information.
6.2 All Rights in and to the Site and all content and materials contained in the Site, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (but excluding any Content) (the "Site Content") are owned by and shall remain owned by us or our licensors. You may view, download and print one copy of the Site Content subject to the following conditions:
6.3 Save as expressly permitted herein, any other use of the Site Content and any copying, reproduction, modification, distribution, sale or any other use of any Site Content for any purpose shall be an infringement of our Rights.
6.4 In the event that you download any Site Content from the Site, you own the medium on which the Site Content is recorded but we do not transfer title to such Site Content to you and we retain full and complete title to the Site Content at all times, and all Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Site Content to eye-readable form.
6.6 Please contact email@example.com if you believe that content displayed on the Site has violated your Rights.
7.1 We are not responsible or liable in any manner for any Content or Site Content on the Site and we do not control and are not responsible for what members or any other users upload on the Site.
7.2 While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy, completeness, currency or reliability of the Site or the Site Content or the Content. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the Site, or to any services, products, prices or fees described in it, at any time without notice. We will exercise all reasonable skill and care in providing the Site and the Site Content and the Content. The Site and/or any Site Content and/or the Content may be out of date, and we make no commitment to update such material.
7.4 We do not warrant that the Site, the Site Content, the Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
7.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
8.1 If you complete Registration, you will have the ability to copy and use embeddable widgets on the Site, which you can use to offer stream and pre-listens of your recordings. These widgets contain links to websites and microsites that are operated by third parties. We make no warranties or representations whatsoever about any such site which you may access through the embedded widgets or through this Site or any services or products that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators.
8.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.
8.3 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know.
9.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.
9.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10.1 We may remove the Site (including without limitation your Personal Area) or cease the provision of any of the services available through the Site in our sole discretion for any reason at any time with or without notice.
10.2 We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
10.3 If you have completed Registration you shall be entitled to terminate your membership of the Site in accordance with clause 5 of the Terms and Conditions. Termination of your membership, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
11.2 You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk.
11.3 Subject to clause 11.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Site (including without limitation if relevant, your Personal Area) or the Site Content or the Content; (ii) any failure or delay in the use of any component of the Site, the Site Content, the Content or any service including, without limitation, any unavailability of the Site, the Site Content, the Content, or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon the Site, Site Content, the Content, or any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
11.4 Without limiting the effect of clause 11.3, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content and/or Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content and/or Content.
11.5 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Except for the banking information provided securely by You using your Personal Area for the purpose of receiving royalty payments from Noisehive, Noisehive does not store any other financial or credit information about You. The credit card information used during the payment process in your Personal Area is not stored.
15.1 All intellectual property in relation to the Website and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics comprised in the Website) ("Intellectual Property") belongs to the Licensee or its licensors, advertisers or affiliates.
15.2 The Licensee retains all right, title, and interest in and to the Website and all related content and Intellectual Property, and nothing the Licensor does on or in relation to the Website, or any of the related content will transfer any rights, in intellectual property or otherwise, to the Licensor, or license to the Licensor any such rights unless expressly stated otherwise.
15.3 The Licensor agrees not to do anything that interferes with or breaches the intellectual property rights in the content. The Licensor agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.
15.4 The Licensor may download and view content or print a copy of material on the Website for personal, non-commercial use, provided that it does not modify the content in any way (including any copyright notice).
15.5 Except as granted herein, permission to reprint or electronically reproduce the Website, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
16.1 During the Term, the Licensee will grant the Licensor online access to certain features of the Licensor's website, being www.noisehive.com.au only, for the sole purposes of promoting the Recordings and only via the methods provided to the Licensor via the website's platform as provided by the Licensee in this regard ("Content").
17.1 The Licensee reserves the exclusive right:
17.2 By using and accessing the Website, the Licensee agrees that all communications are public and not private communications and it is solely responsible for any Content posted and that the Licensee assumes no responsibility or liability that may arise from, directly or indirectly, such Content.
17.3 By using and accessing the Website, the Licensor warrants and agrees that it will not:
17.4 The Licensor acknowledges that the Licensee has no responsibility or liability for the deletion or failure to store any communications or Content posted on the Website.
17.5 The Licensor acknowledges that the Licensee may, at its sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and the Licensor agrees that the Licensee is are not liable for such variation, modification or discontinuance.
17.6 The Licensee does not warrant that functions contained in the Website or Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that the Licensee's or our hosting server, are free of viruses or bugs.