BOOTLEG MUSIC TERMS & CONDITIONS

1. OWNERSHIP OF WEBSITE; AGREEMENT TO TERMS AND CONDITIONS.

This Website is the property of Bootleg Music Pty Ltd (‘Bootleg’).
The service provided by the Website (‘the Bootleg Service’) and the content on the Website including the Bootleg trade mark and all related indicia, graphics, logos, computer code, text products, user interfaces, visual interfaces, photographs, software, audio, music provided by Artists including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such content is owned, controlled or licensed by Bootleg and is protected by international intellectual property law (‘the Bootleg Materials’).

You agree to use the Service on these Terms and Conditions each time you stream a preview or download a MP3 or otherwise use the Website.

2. INTELLECTUAL PROPERTY / OWNERSHIP OF MP3S.

All intellectual property related to the service (including the content but excluding any artist’s intellectual property rights in his or her name, likeness and music) belongs to Bootleg.

Artists selling their own music on the Website own all the copyright to each MP3 they upload to the Website.

Bootleg has no intellectual property rights in relation to music uploaded by an Artist on to the Website.

Bootleg will not be responsible for any liability incurred whatsoever by an Artist as a result of uploading music on to the Website.

You will not obtain any ownership interest in the Bootleg Materials, the Bootleg Service or any other materials contained on the Website, whether through these Terms and Conditions or otherwise.

For this reason, you must not do anything with the Bootleg Service or the Bootleg Materials that is not expressly authorised by these Terms and Conditions.

You warrant that any material which you upload onto the Website is owned by you, or is authorised to be uploaded by the owner. Bootleg reserves all rights absolutely to remove without notice any material which is in Bootleg’s absolute discretion an authorised copy of a third party’s intellectual property.

3. ARTIST WARRANTY.

Artists, their agents and their representatives uploading music onto the Website warrant:
(a)  that they are authorised to do so; and
(b)  that in doing so they are not in breach of any agreement with a third party distributor or owner of copyright in the music.

4. USE OF WEBSITE.

None of the Bootleg Material from the Website may be modified, re-published, posted, broadcasted, publicly displayed, encoded, transmitted, re-transmitted or distributed in any way, without Bootleg’s express prior written consent.

Any music sold or otherwise provided on the Website by an artist or their duly appointed representative may only be downloaded, copied and reproduced for personal use and must not be reproduced or distributed without the respective artist’s permission.

5. USAGE RULES.

You agree that your use of the Bootleg Service is for your own personal use and must not be used for any commercial purpose. Your purchase of a music file, authorises you, for your own personal use, to:
(a)  download the music file once, to a single personal computer;
(b)  copy the music file an unlimited number of times to up to two portable devices owned by you;
(c)  burn the music file up to 3 times onto CD-R or CD-RW; and
(d)  If the download fails, request a re-download, within 48 hours of purchasing the track. If it can be proved that the music file was purchased, a credit will be granted to download the same track. There is a limit of two re-downloads per user in a 6 month period, after which no more credits for re-downloads will be granted to that user.

If a track has already been purchased and downloaded once, the user must re-purchase the music file if they would like to download it again, even if the system in which the music file was stored on becomes damaged or corrupt.

Generally, you must not do anything with the music file other than use it and listen to it. Specifically, you must not:
(a)  do anything with the music file that is not authorised above (including re-sale, rental or allowing or assisting anyone else to do the same); and
(b)  attempt to circumvent or modify any technological measure used to apply these Usage Rules to prevent reproduction or downloading of the music file.

6. CONTRAVENTION OF USAGE RULES.

Any contravention of the Usage Rules will constitute an infringement of the copyright and other intellectual property rights of Bootleg or in the case of material licensed to Bootleg the owner of such materials.

7. SUB-LICENSING.

Bootleg may, entirely at its discretion, sublicense the music file or assign any of its rights under the license.

8. ANTI-PIRACY MEASURES.

Bootleg will implement anti-piracy measures to prevent or limit the piracy of any of the music files uploaded to the Website.

Bootleg does not warrant that in allowing any artist to upload any music or any other material to the Website that Bootleg will prevent the unauthorised copying of any material of this nature.

9. ROYALTY PAYMENTS.

Bootleg will make regular periodic royalty payments to Artists.

Artists not living in Australia may only withdraw the royalty payments once the royalty payments aggregate to a dollar amount no less than AUD 105.00.

Artists living in Australia may only withdraw the royalty payments once the royalty payments aggregate to a dollar amount of no less than AUD 35.00.

10. BOOTLEG'S COMMISSION.

You agree that Bootleg will take a set commission by way of a percentage of the price of each music file charged to the end-user.

11. USE OF YOUR PERSONAL DATA / PRIVACY.

All of Bootleg’s users personal details will be kept private and will be stored in Australia and will not be sold or released, provided the users abide by the Terms and Conditions.

This is subject to any requirement by law or by a law enforcement agency, authorised by law, to supply a particular users information.

(NOTE: We reserve the right to sell or license pseudonymous listening data for commercial use, however we will never sell personal data that can be traced to a particular user).

By using this Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information that you send to the Website may be read or intercepted by others even if there is a special notice that a particular transmission is encrypted.

12. PERIODIC CHANGES TO THE AGREEMENT.

Bootleg reserves the right to make periodic changes to the terms of this Agreement.

You will be given reasonable notice via email and through postings on the Website’s homepage if and when these changes occur.

You agree that your continued use of the Website following any changes to the terms of this Agreement is to be deemed as consent to these changes.

13. INDEMNITY.

You agree to indemnify, defend and hold harmless Bootleg (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses which arise directly or indirectly out of or from your unauthorised use of the Website, the Bootleg Materials, the Bootleg Service and any other materials including music owned by any artist or any third party contained on the Website.

To the fullest extent possible permitted by law, Bootleg will not warrant as to the fitness for purpose or merchantable quality of any music contained on the Website.

14. THIRD PARTY CONTENT AND INFORMATION.

Third parties may provide some of the content on the Website (e.g. reviews, comments).

Bootleg makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any such content on the Website and will not be liable for any such content.

15. INAPPROPRIATE OR CORRUPTED MATERIAL.

A user must not upload music that is inappropriate (eg contains racist, or scandalous lyrics or infringes copyright) or is corrupted (eg contains viruses or other malicious coding or acts in concert with viruses or other malicious coding, or otherwise and without limitation purposively or accidentally interferes with the operability of any of Bootleg’s systems or the systems of any third party). If Bootleg deems in its sole discretion that a particular song to be inappropriate or corrupted, Bootleg may remove the song from the Website and the user agrees Bootleg is not liable for any lost income that would have been generated by that song had it not been removed.

Under certain circumstances, Bootleg may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. You agree that it is your choice to use the service and that we are not responsible for any offence caused to you by any content.

16. TERMINATION.

Your right to use the Website will be suspended or terminated immediately without notice by Bootleg if in its sole discretion you fail to comply with any term or provision of the Terms and Conditions.

If a user is subject to investigation or prosecution by law enforcement agencies in relation to their activities on the Website, the user will have their account terminated and Bootleg will not be responsible for any costs or liabilities to the user arising out of those investigations.

17. MISCELLANEOUS.

You must provide a password for your account and this must be kept secret. You are responsible for all use of your account and password and for all music files purchased using your account and password.

Bootleg will provide the Artist with download reports (in electronic format) on a composition-by-composition basis.

Bootleg will provide the Artists of the music file with royalty payments in accordance with clause 9.

18. GOVERNING LAW.

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of South Australia.