Thank you for engaging with the Australian Independent Record Labels Association (“AIR”, “we”, “us”, “our”). We’ve put together the following Terms and Conditions which govern your access and use of our website https://www.air.org.au/ and associated online platforms (the “Sites”), as well as your account and membership with AIR (together, the “AIR Services”).
By using the AIR Services, you agree to be bound by these Terms and Conditions and our policies made available on the Sites (including but not limited to our Privacy Policy, which is available here https://www.air.org.au/privacy-policy/) which are incorporated into these Terms and Conditions by reference. By accepting our Terms and Conditions, you warrant that you are capable of entering into and performing the obligations under these Terms and Conditions.
- GENERAL
1.1 AIR reserves the right to change these Terms and Conditions at any time by updating these Terms and Conditions (as applicable) on the Sites. Except where required by law, AIR is under no obligation to provide you with individual notice of any changes, so it is recommended that you regularly check the Sites for updates. Your continued use of the AIR Services after such changes will signify your acceptance of the amended Terms and Conditions (as applicable). If you do not agree with any of the amended Terms and Conditions, please do not continue to access or use the AIR Services.
1.2 By using the AIR Services:
(a) You warrant that you are over the age of 18 and have the right and authority to enter into a binding contract with AIR and are not prohibited from doing so under any applicable laws, rules, and/or regulations;
(b) If you are not 18 years or older you must not use the AIR Services without your parent or guardian’s express consent, and provided your parent or guardian agrees to these Terms and Conditions and undertakes to be liable for the same on your behalf;
(c) If you are under age 13, you may not, under any circumstances, or for any reason, use any part of the AIR Services without a parent or guardian present;
(d) AIR may, in its sole discretion, refuse to offer access to any part of the AIR Services to any person or entity and may change the eligibility criteria for access to the AIR Service at any time; and
(e) You acknowledge that AIR collects personal information about you in order to create your AIR Member Account in accordance with our Privacy Policy.
1.3 The following rules of interpretation apply to these Terms and Conditions:
(a) the singular includes the plural and vice versa;
(b) a reference to $ is a reference to the currency of Australia;
(c) headings to clauses are included for the sake of convenience only and shall not affect the interpretation of the Terms and Conditions;
(d) the word “person” means and includes a natural person, a company, a firm or any other legal entity including where that person is acting as a trustee;
(e) the words including and includes mean including but not limited to.
- MEMBERSHIP
2.1 AIR negotiates with industry and government, lobbying on behalf of its members and the broader independent recording sector, to facilitate commerce and achieve fair market access and parity of terms with the major labels. You can become an AIR member by signing up through our website.
2.2 AIR currently offers the following membership types:
(a) International Distributor & Label – International music businesses that license and distribute (digitally and physically) master recordings
(b) Australian Distributor – Australian music businesses that license, distribute (digitally and physically) master recordings on behalf of other labels.
(c) Full Label – Active Australian music businesses with a catalogue of more than five releases. Must have at least 50% ownership of the company.
(d) Associate Label – Active Australian music businesses with a catalogue of five or less releases. Must have at least 50% ownership of the company..
(e) Artist – Self releasing Australian musicians and bands who want access to AIR’s resources, events and offers.
AIR reserves the right to change membership types and eligibility criteria at any time in their sole discretion.
2.3 When you register and activate an AIR membership account, you will be asked to provide personal information including, but not limited to your name and contact details. You must ensure that all information provided to AIR is accurate and current. AIR will handle all personal information in accordance with AIR’s Privacy Policy.
2.4 All AIR members will login with their email, and create a unique username and password to access their AIR membership account. You are entirely responsible for maintaining the confidentiality and strength of passwords associated with your AIR membership account. You agree not to use the username, email address or password of another user at any time or to disclose your password to any third party. You are responsible for all use and activity carried out under your AIR membership account. If you believe that someone has gained unauthorised access to your account, please contact us immediately at membership@air.org.au.
2.5 By creating an AIR membership account, you agree that you will not:
(a) create more than one account per individual or entity;
(b) create an account for anyone without their permission;
(c) create an account with false information;
(d) attempt to make a new account if we disable or block their existing account for any reason;
(e) transfer your account to anyone without first gaining AIR’s written permission.
2.6 Please note that users without an AIR membership may still be able to access and use parts of the AIR Services and are still bound by these Terms and Conditions to the extent that they interact with the AIR Services.
- PAYMENT
3.1 When setting up an AIR membership account, you must provide bank account, credit card, or other payment details necessary for payment of applicable annual membership fees as advertised on the AIR Sites, or otherwise communicated to you from time to time (“Membership Fees”). You acknowledge, confirm and agree that AIR may increase, decrease, modify, alter, introduce or remove any Membership Fees, either permanently or temporarily, in its sole discretion.
3.2 You authorise AIR, or any third party appointed by AIR, to charge you for the applicable Membership Fees by direct debit (unless otherwise agreed with AIR) on an annual basis (in advance) on 1 July each year. You acknowledge and agree that your continued access to your AIR membership account and associated benefits is subject to your payment of the annual Membership Fees. Should you fail to provide payment of the Membership Fee for any reason, including if payment from your nominated source fails, then AIR shall have the right to immediately cancel your access to your AIR membership account.
3.3 Where you sign up for an AIR membership account part-way through a year, your Membership Fee will be pro-rated for the period from your joining date to the next annual renewal date.
3.4 Membership Fees are not be refundable or returnable for any reason whatsoever.
3.5 If you no longer wish to be an AIR member, you can cancel your AIR membership account by contacting membership@air.org.au. Please note AIR requires at least fourteen (14) days’ notice prior to the scheduled date of automatic payment to cancel your AIR membership account. If you cancel your account prior to such date, you will not be charged the automatic payment of the Membership Fee and you shall cease to be entitled to the benefits of your AIR membership account.
- USE OF SERVICES
4.1 AIR grants you a non-exclusive, worldwide, revocable, non-transferable licence to use the AIR Services in accordance with these Terms and Conditions.
4.2 AIR may alter or amend any aspect or part of AIR Services at any time in its sole discretion without prior notice or liability to you. Notwithstanding the foregoing, you acknowledge that AIR is not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the AIR Services.
4.3 The AIR Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of the AIR Services, or any part thereof, at any time without prior notice or liability to you.
- INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge that all rights in and to the “AIR” brand (whether those rights happen to be registered or not, and wherever in the world those rights may exist) are owned by AIR, and nothing in these Terms and Conditions gives you a right to use the AIR brand in association with your goods and services, unless otherwise expressly agreed in writing with AIR.
4.2 You acknowledge and agree that AIR own or license all legal right, title and interest in and to the AIR Services, including any and all intellectual property rights which subsist in the Sites, and any templates, information sheets, materials, or resources provided on the Sites.
4.3 By using the AIR Services, you agree that you shall not (and will not permit anyone else) to adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any intellectual property on the AIR Services. You agree that you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorised user of the intellectual property.
4.4 If you believe that any materials on AIR Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the AIR Services the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that you are the lawful copyright owner or are authorised to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send AIR a counter-notice in accordance with AIR’s requirements. The contact for copyright issues relating to AIR Services (including the notices and counter-notices) is maria@air.org.au.
- YOUR CONTENT AND INTERACTIONS
5.1 You may from time to time be able to interact with the AIR Services by posting, commenting, uploading, displaying or otherwise making available content via the AIR Services (collectively “Content”).
5.2 You grant AIR a perpetual, worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any Content you supply through your AIR membership account or otherwise share with AIR via the AIR Services. This licence is granted by you to us for the limited purpose of operating, developing, providing, and improving AIR Services and researching and developing new services and applications associated with AIR Services. You agree that any Content you place or that you authorise us to place on AIR Services may be viewed by other users and may be viewed by any person visiting or participating in AIR Services.
5.3 You must not add/remove any Content to/from the AIR Services which:
(a) infringes any proprietary rights of any third party (including intellectual property rights);
(b) brings or could bring AIR into disrepute;
(c) would cause you or AIR to breach any law, regulation, rule, code or other legal obligation
(d) would be in breach of these Terms and Conditions, including the Privacy Policy;
(e) is or could reasonably be considered to be deceptive, misleading, false, fraudulent, obscene, defamatory, disparaging, indecent, seditious, offensive, scandalous, sexually explicit, threatening, abusive, harassing, hateful, degrading, intimidating, graphically violent, liable to incite racial hatred, discriminatory, blasphemous or otherwise inappropriate;
(f) unlawfully impersonates any person (including by way of celebrity look-a-likes or sound-a-likes), or states or misrepresents any affiliation with any person where such affiliation does not exist;
(g) depicts, encourages, promotes or induces conduct that could violate any law or give rise to criminal or civil liability;
(h) contains any personally identifying or other personal information about you or any other person except as requested by AIR in line with the provision of AIR Services to you;
(i) is in breach of confidence or in breach of privacy, or contains any confidential information, material, or non-public information about any individual, person, or company without express approval of the individual, person, or company; or
(j) contains or omits any information or instruction that might be injurious to any person’s physical wellbeing.
5.4 Further, certain types of conduct are inappropriate when using the AIR Services. You must not:
(a) harvest any information or communicate another person’s information or details without their prior consent;
(b) falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) threaten, stalk, intimidate, harass, bully, assault, pester or do anything else unwanted to another person;
(d) use offensive, vulgar, profane, invasive, abusive or obscene language or gestures;
(e) use racially, religious or sexually offensive language or gestures;
(f) use, share, upload, create or deal in any way with material that is defamatory, libellous, derogatory malicious, demeaning or hateful;
(g) use, share, upload, create or deal in any way with material that contains “viruses”, “Trojan horses”, “copybots”, “worms”, spyware, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;
(h) modify, or attempt to modify, any underlying computer code in the AIR Services and/or any related material;
(i) directly or indirectly send “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, unauthorised advertisements or unauthorised promotion;
(j) use, share, upload, create or deal in any way with material that is obscene, pornographic, harmful to children, depicts gratuitous violence, sexually explicit, unlawful or illegal; or
(k) discuss or encourage illegal activity.
5.5 You understand and agree that AIR may monitor or review any Content you post. AIR may delete any Content, in whole or in part, that in AIR’s sole judgment violates these Terms and Conditions or may harm the reputation of AIR.
5.6 Although AIR reserves the right to review and remove Content that violates these Terms and Conditions, such Content is the sole responsibility of the user who posts it, and AIR cannot guarantee that all Content will comply with these Terms and Conditions. If you see Content on the AIR Services that violates these Terms and Conditions, please report it to maria@air.org.au.
5.7 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE AIR SERVICES. YOU UNDERSTAND THAT AIR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON AIR MEMBERS, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT OF ITS MEMBERS. HOWEVER, AIR MAINTAINS THE RIGHT, BUT NOT OBLIGATION, TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS OF ITS MEMBERS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
- PROMOTIONS AND COMPETITIONS
6.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms and Conditions, those terms and conditions will prevail.
- THIRD PARTY SITES
8.1 The AIR Services may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, AIR does not endorse and is not responsible for the content on those linked websites and have no control over or rights in those linked websites.
8.2 AIR Membership Fees, as well as other products and services that may be available for purchase on the AIR Sites from time to time, may be processed through our third party payment partners (“Payment Platforms”). AIR is not responsible for any act, omissions, or errors of any Payment Platform, and you are responsible for making your own enquiries into, and abiding by the terms and conditions of, any Payment Platform. All enquires or issues relating to payment processing must be directed to the relevant Payment Platform.
8.3 Please be aware that when you access or use the AIR Services on your mobile or other personal device that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
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- DISCLAIMER AND INDEMNITY
9.1 The AIR Services are provided “as is”, without any warranty of any kind. AIR expressly disclaims all implied warranties to the maximum extent allowed by law.
9.2 AIR are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Air Services or a third-party linked website.
9.3 AIR may, from time to time and without notice, change or add to the AIR Services (including these Terms and Conditions) or the information, products or services described in it. However, AIR do not undertake to keep the AIR Services updated. AIR are not liable to you or anyone else if errors occur or if that information on the AIR Services is not up-to-date.
9.4 To the maximum extent permitted by law, AIR and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the “Related Parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the AIR Services, even if AIR or its Related Parties have been advised of the possibility of such damages.
9.5 You agree to indemnify, hold harmless and defend AIR and its Related Parties at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable solicitors’ fees and other dispute resolution expenses) incurred by AIR and its Related Parties arising out of or relating to: (a) your access to or use of the Air Services; (b) your Content; and (c) your breach of these Terms and Conditions.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
- Miscellaneous
10.1 Your use of the AIR Services and these Terms and Conditions are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts in that State.
10.2 AIR may transfer, assign, novate or otherwise deal with any part or whole of our obligations under these Terms and Conditions without notification to you.
10.3 If any provision of these Terms and Conditions is found to be unenforceable, then that provision or provisions will be severed from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
10.4 These Terms and Conditions, together with the Privacy Policy and other policies as published from time to time, make up the entire agreement between you and AIR, and supersede any prior agreements.
- Contact
If you have any questions about these Terms and Conditions or the AIR Services generally, please do not hesitate to contact us at membership@air.org.au.
