Terms and Conditions

These Terms (including the Privacy Policy) govern your use of www.ariacharts.com.au (‘this Site’) and form a binding agreement between you, and us, the Australian Recording Industry Association Limited (ACN 002 692 944) of Level 4, 11-17 Buckingham Street, Surry Hills NSW 2010 (ARIA) and MCM Media Pty Ltd (ACN 070 076 523) of Level 4, 21-31 Goodwood Street, Richmond VIC 3121 ('we', “our” or 'us').

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Site. You can contact us via email at: [email protected].

By using this Site, you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them. If you do not agree to these Terms, please do not use this Site.

We may amend these Terms and the Privacy Policy at any time and from time to time without prior notice to you. You should ensure that you regularly review these Terms and the Privacy Policy to keep yourself informed of such changes. By continuing to access and use this Site you confirm your agreement to these Terms and the Privacy Policy in their then current form.

Licence to use this Site

We grant you a non-exclusive, non-transferable licence to use this Site in accordance with these Terms.

You may only use the material contained at this Site for information purposes, and only for your own personal and non-commercial use. All material contained in this Site is fully protected by copyright, trade mark law and other laws and may not be copied or imitated in whole or part. No logo, graphic, sound, trade mark or image from this Site may be copied or transmitted unless expressly permitted. You are not permitted to remove, alter or in any way obscure any copyright or trade mark notices. Any unauthorised use, including but not limited to, reproduction, transfer, transmission or dissemination beyond what is permitted by our media, subscription and licensing agreements (for which you must enter into a separate agreement) is strictly prohibited. If you would like to use any material on this Site (for example, if you would like to reproduce the ARIA Charts) for any purpose (other than personal and non-commercial use), then please contact us for further information.

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that this Site and the information contained at this Site are protected by copyright and trade mark laws and are proprietary to ARIA and MCM unless specified to the contrary. We reserve all rights in this Site and the information provided by it.

You must not use this Site (whether directly or indirectly), or use any service provided on this Site, to send advertising, spam, competitions or unsolicited messages

Materials Posted By You

By posting, submitting or adding any materials (whether it is photos, text, videos or other content) (‘Your Materials’) to this Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use Your Materials in any way (including, without limitation, by reproducing, changing, and communicating Your Materials to the public) and permit us to authorise any third party to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in the above paragraphs and that you have the permission of anyone depicted or appearing in Your Materials, and that you are not infringing any person’s rights by providing Your Materials to us.

You are responsible for any material that you post to this Site. You must not add any materials to this Site:

a.     unless you hold all necessary rights, licences and consents to do so;

b.     that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

c.     that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, racist or liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

d.     that would bring us, or this Site, into disrepute;

e.     that is be false, misleading or deceptive;

f.      that contains financial, legal, medical or other professional advice; or

g.     that infringes the intellectual property or other rights of any person.

Content available for streaming

This Site allows you to access, view and listen to certain sound recordings, music videos and other material as a stream (the ‘Content’). You must only view the Content through this Site. You may link from another website to the main page of this Site, but you must not 'deep link' directly to Content on this Site, unless you have approval from the website to do so. We grant you a personal, non-transferable and non-exclusive licence to view the Content as a stream for your own private, non-commercial use, provided that you must not:

a.     copy or attempt to copy the Content (other than the temporary copying which is a necessary part of the technical process to view or listen to the streaming Content) or store the Content in any way;

b.     modify or adapt the Content in any way;

c.     communicate, perform, publish, distribute or otherwise provide the Content to any third party in any way; or

d.     sell, rent, lease, loan or otherwise exploit for profit any Content or use of or access to any part of this Site or offer to do any of those things.

Some Content is subject to additional restrictions which limit the number of times you may view or listen to a particular item of Content over a period of time or the number of times you may skip items in a playlist of Content. Any additional restrictions will be notified to you on this Site.

The Content is provided to us by third parties and we do not endorse and are not responsible for that Content. We give no warranties (either express or implied) as to the suitability of the Content for any purpose or the completeness, reliability or availability of the Content. The Content is streamed and viewed or listened to by you entirely at your own risk.

Registration

To access certain parts of this Site, you may be required to register with us. As part of any registration process, you must provide complete and accurate registration information and must ensure that any security access codes (such as usernames and passwords) are kept confidential and secure from unauthorised access and not used by, or disclosed to, any other person. You are responsible for any person's access to and use of this Site through use of any of the security access codes allocated to you (whether such access or use was authorised or not).

Links and Advertisements

This Site includes links to third party sites, which are provided for your information and convenience only. These third party sites may be developed and maintained by third parties over whom we have no control. We do not accept any responsibility for any third party site. We also do not warrant the accuracy, completeness, legality and reliability of any third party site. We do not make any other representation or endorsement in relation to any third party site or any service available at a third party site.

You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of this Site ("Advertisers"). Your dealings with any Advertisers, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with such activities.

Disclaimer and Limitation of Liability

The material provided and views expressed by users of this Site and are the views of those users and are not ours. This Site is provided as general information for the public. Information made available at this Site is not (and should not be taken as) a substitute for legal advice or other professional advice or provided to third parties as evidence of such advice. By using this Site, you acknowledge that the information at this Site does not take into account the particular circumstances of you or any other user of this Site. When using this Site and the information at this Site, you and all other users are solely responsible for deciding whether the information is appropriate to your particular situation.

To the fullest extent permitted by law, this Site and the information provided at this Site are provided on an "as is" and “as available” basis. You may not rely on this Site or the information provided at this Site as being accurate or comprehensive. While every effort has been made to ensure accuracy, we cannot be held responsible or liable for any errors or inaccuracies, or for any consequences arising from such inaccuracies. You should independently verify the accuracy and comprehensiveness of the information provided at this Site. We also do not guarantee continuous, uninterrupted or secure access to this Site.

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

You are responsible for all risks associated with your use of this Site, including without limitation the risk of damage to your computer, network, software or data (whether caused by a virus or otherwise) arising out of or in connection with your use of this Site.

To the extent permitted by law, we exclude all implied conditions and warranties, including without limitation as to completeness, accuracy, timeliness of the information contained at this Site. If conditions and warranties are implied by law under the Competition and Consumer Act 2010 and similar legislation and cannot be excluded, we limit liability to the extent permitted by law to re-supply or payment of the cost of resupply of services provided at this Site.

You are responsible for information you provide to us through or in relation to this Site. In particular, information provided to us must not be fraudulent and misleading, must not infringe any third party's rights, and must not violate any applicable law, statute, regulation or industry code of conduct. Any personal information about you which is provided to us via this Site is governed by the Privacy Policy .

Termination or Suspension

We may suspend, block or terminate your access to this Site for any reason at any time without notice and without liability to you. The operation of these Terms will survive any suspension or termination of your access to this Site,

Indemnity

You indemnify and hold us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these Terms by you.

General

You agree that we may communicate with you in relation to your use of this Site using any personal information provided by you. Please see the Privacy Policy for further information.

This Site may contain competitions or promotions operated by us or third parties. These Terms will be supplemented by any Terms and conditions specified for those competitions or promotions.

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. We may assign, sublicense or otherwise deal in any other way with any of our rights under this agreement without prior notice to you.

If any provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this agreement and the events contemplated by it.

The governing law of this Site is New South Wales law and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.

We reserve the right in our absolute discretion to alter or remove any material or information from this Site, or limit your access to this Site in any way, without notice. Any rights not expressly granted herein are reserved. Contact [email protected] with questions or problems, as appropriate.