Website Terms and Privacy
1. DEFINITIONS
| In this Agreement, unless specified to the contrary, the following words and phrases either have the expressed meaning given to them, or have the meaning given to them in the clause set out opposite them. "Account" means certain personal information and registration data provided via the registration page on the Website, which must be kept accurate and up to date as and when necessary. "Content" means any information, image, sound, data and coding uploaded to the Website by Users excluding Videos. "Competition" means online music video competition(s) on the Website which are arranged into separate competitions for each Artist and Song as described by and in accordance with the Competition Terms & Conditions. "Website Terms & Conditions" means the Website terms and conditions which are available on the Website. "Competition Terms & Conditions" means the Competition terms and conditions which are available on the Website. "Entrant" means the party entering into this Agreement as the proprietary owner of Videos, with the intention of uploading their Videos to the Website and entering the Competition. "Genero.tv", "Our" or "Us" means Genero Music Pty Ltd of PO Box 358, Albert Park, Victoria, 3206, Australia. "Privacy Statement" means the privacy policy of Genero.tv which forms part of the Website Terms & Conditions. "Term" means the period commencing at the time the Entrants upload Videos on to the Website and terminates at the time the Competition winner is announced. "Territory" means the world. "Website" means the Genero.tv website located at http://Genero.tv. "User", "You" or "Your" means the party entering into this Agreement (including Entrants) as a user of the Website by way of it accessing the Website and viewing the Content. "Video Player" means the embeddable video player contained on the Website. "Video" means music videos (being cinematograph films) embodying various musical works, produced and uploaded by Entrants to the Website in accordance with the Competition Terms & Conditions. "Winning Video" means the Video selected by Genero.tv and/or it's judging panel as the winner of the Competition it was entered for. |
2. BACKGROUND
| Genero.tv runs an online music Video Competition on its Website, allowing Entrants to produce and upload Videos. Once uploaded, the Videos may be accessed and viewed by Users. This Agreement sets out the terms and conditions by which Users may access and utilise the Website. Entrants should ensure these Website Terms & Conditions are read in conjunction with the Competition Terms & Conditions available at http://Genero.tv/competition-terms-and-conditions. |
3. USE OF THE WEBSITE AND WEBSITE CONTENT
| 3.1 | Users are permitted to upload Content to the Website as directed by the Website and in accordance with these terms and conditions. |
| 3.2 | Users are solely responsible for any Content that they submit and the consequences of posting or publishing that Content on the Website including but not limited to any copyright infringements. |
| 3.3 | Users are not permitted to download any music tracks from the Website. Genero.tv provides tracks for download from the Website only for the purposes of making and uploading a Video for that particular track in accordance with our Competition Terms & Conditions. The only permitted use of downloaded free track is to synchronise video footage for the purpose of entering the Competition. If You are not going to make a Video for the purposes of entering a Competition You are not permitted to download free tracks. |
| 3.4 | Genero.tv do not endorse any Content, or any opinion, recommendation, or advice expressed therein, and Genero.tv expressly disclaims any and all liability in connection with that Content. |
| 3.5 | Genero.tv do not permit or encourage copyright infringing activities and infringement of intellectual property rights on the Website, and will remove all Content if properly notified and verified that such Content infringes on another's intellectual property rights. |
4. EXCLUSION OF AND LIMITATION OF LIABILITY
| 4.1 | The Website is provided "as is" and without representations or warranties of any kind to Users, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access or use of the Website will be uninterrupted or error-free, and that the Website and/or the Content will be secure or free of viruses or other harmful material or elements, or that any of the Content will be correct, accurate, timely or complete. |
| 4.2 | As Genero.tv are not responsible for the Content on the Website, Genero.tv does not take any responsibility for any Content that infringes the copyright or other intellectual property rights of any third party or for any Content that is deemed to be offensive, discriminatory or misleading to Users in any way. |
| 4.3 | Where Genero.tv via its Website provides links to other websites, it does so for information and convenience purposes only. Genero.tv has no control over, and shall not be responsible for any such website and/or the content thereof. |
| 4.4 | Genero.tv reserve the right to discontinue any part, Content or functionality of the Website at any time and without notice. |
| 4.5 | Genero.tv reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Website without giving prior notice to Users. |
5. WARRANTIES & ACKNOWLEDGEMENT
| 5.1 | Users hereby warrant and promise as follows:
|
||||||||||
| 5.2 | Users hereby acknowledge that access to the Website is for personal use only and Content or other information stored on the Website is provided "as is" for their information and may not be downloaded (unless explicitly allowed via a download link for the video or song), copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Genero.tv. | ||||||||||
| 5.3 | Users hereby warrant that they own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content submitted by them to enable inclusion and use of the submissions in the manner contemplated by the Website Terms & Conditions. |
6.INDEMNITY
| 6.1 | Users hereby indemnify Genero.tv against any claim, loss, damage, suit, action, proceedings, costs or expenses (including legal costs) of any nature whatsoever made against Genero.tv or which Genero.tv may suffer or incur by reason of any breach or alleged breach of these Terms & Conditions by Users such indemnity being without prejudice to any other right or remedy of Genero.tv in respect of such breach. |
| 6.2 | Users hereby indemnify Genero.tv against any loss or damage suffered in the event that any Content or information provided on the Website is incorrect or in any way misleading. |
| 6.3 | Users hereby indemnify Genero.tv against any loss or damage suffered in the event that any aspect of the Website does not function as intended for any reason beyond the reasonable control of Genero.tv and particularly in connection with: service interruptions caused by an internet service provider; an internet connection; any fault or deficiency in computer hardware or software; any fault or deficiency in audio/visual hardware. |
| 6.4 | Should Genero.tv in its sole discretion, determine that any party has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action. |
7. REGISTRATION AND PRIVACY
| 7.1 | In order that Users fully utilise the services contained on the Website, they will be required to open an Account with Genero.tv. |
| 7.2 | Users must notify Genero.tv immediately if they believe their registration details or Account password have been compromised. Genero.tv will not be liable for losses Users incur as a result of any security breach on a User's Account, however if Users become aware of such breach and do not notify Genero.tv, Users may be liable for losses Genero.tv incur as a result of such security breaches. |
| 7.3 | Entrants agree to any information they have entered and/or uploaded being stored in the Genero.tv database. While this Content will not be disclosed to any third party (unless we make You aware that it is information of a public or publishable nature) without the prior written consent of the Entrants, Genero.tv shall not be held responsible for any "hacking" attempt that may lead to the data being compromised. |
| 7.4 | Any breach of these terms and conditions by Account holders may lead to such Account being terminated at the discretion of Genero.tv. |
8. PRIVACY STATEMENT
| 8.1 | Genero.tv is committed to protecting its Users' privacy, and will not use any information which it collects in the course of, or in relation to, Entrants or Users use of the Website otherwise than as disclosed herein or on the Website. Genero.tv will use its best efforts to ensure that any personal information of Users will not be disclosed to other institutions and authorities except where You permitted us to or if required by law or other regulation. | ||||||||
| 8.2 | Genero.tv only processes personal information of its Users as described in these Terms & Conditions and the following;
|
||||||||
| 8.3 | Some information Users provide when registering for an Account may be made available to other Users of the Website, including their User-name, Content, comments, location, usage stats, etc. | ||||||||
| 8.4 | Genero.tv may send one or more cookies (small file containing a string of characters) to a User's computer or other device that uniquely identifies a User's browser. Cookies are used to improve the quality of its service, including - storing User preferences, improving search results, displaying advertising, and tracking User trends and links followed. |
9. GOVERNING LAW AND JURISDICTION
| 9.1 | These Terms & Conditions and use of the Website shall be governed by and construed in accordance with Victorian Law (Australia). By accessing and using the Website, Users accept that any dispute under these Terms & Conditions or arising out of access and/or use of the Website shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, Entrants and Users hereby submit to the jurisdiction of such courts for such purposes. |
| 9.2 | Users are solely responsible for compliance with any applicable laws of the country from which they access this Website. |
10. ASSIGNMENT OF RIGHTS
| 10.1 | Genero.tv may in its discretion sub-contract or assign any of its rights or obligations under this Agreement to a third party for the purpose of Genero.tv fulfilling its obligations under this Agreement. |