Terms and Conditions

1. About these Terms and Conditions

1.1 These Terms and Conditions (“Terms”) are between you and Nathan Ken Johnston
ABN 12 354 866 068 trading as “DME3” (“DME3” “us” “we”), and govern your access to and use of our website www.DME3.com.au (“Site”) and the music streaming services (“Services”), and any information, text, graphics, photos or other materials that you upload to or download from the Services (collectively referred to as “Content”).

1.2 Your access to and use of the Site and the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms, which will form a binding contractual agreement between you and us. For that reason these Terms are important and you should ensure that you read them carefully and contact us using the details at clause 14 with any questions before you use the Site.

1.3 You may use the Site only in compliance with these Terms and all applicable laws. If you do not agree to the Terms, please do not use the Site.

2. About the Site and the Services

2.1 The Site provides:

(a) a platform for music artists to upload their own musical works and associated content (“Music Content”) for availability for Site users to access in accordance with the Terms (“Artist Services”); and

(b) for users of the Site to subscribe to the Services to access the Music Content (“Subscriptions”) via online streaming (“Streaming Services”); and

(c) for users of the Site to make voluntary contributions to a music artist via PayPal (“Contributions”);
which are collectively referred to as the Services.

2.2 By using the Site you are granted a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.

2.3 All right, title, and interest in and to the Services (excluding Music Content) are and will remain the exclusive property of DME3 and its licensors.

2.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

2.5 You acknowledge and agree that:

(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

(b) we retain complete editorial control of all content uploaded or posted to the Site by users, and any content posted or uploaded by you is subject to our approval; and

(c) the Site will not operate on a continuous basis, and

(d) the Site may be unavailable from time to time (including for maintenance purposes).

2.6 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.

2.7 We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

3. Music Streaming Services

3.1 The Streaming Services we provide are dependent on music artists uploading music, and we do not guarantee that music will be available for streaming at any time.

3.2 You are responsible for your use of the Streaming Services and for any consequences thereof.

3.3 By using the Streaming Services, you agree not to:

(a) copy, redistribute, reproduce, “rip”, record, transfer, broadcast, or make available to the public any part of the Streaming Services or the Content, or otherwise making any use of the Streaming Services or the Content which is not expressly permitted under the Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part of it;

(b) use the Streaming Services to import or copy any local files you do not have the legal right to import or copy in this way;

(c) transfer copies of cached Content from an authorized device to any other device via any means;

(d) reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Streaming Services, Content or any part thereof unless permitted by applicable law;

(e) circumvent any technology used by DME3, its licensors, or any third party to protect the Content or the Services;

(f) sell, rent, sublicense or lease of any part of the Streaming Services or the Content;

(g) removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

(h) upload, post, transmit or otherwise make available any content on the Site that:

(i) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(iv) contains software viruses or any other computer code, files or programs designed to interrupt, interfere with, destroy or limit the functionality of any computer software or hardware or electronic equipment, whether belonging to us or a third party;

(v) interferes with or disrupts the software or servers or networks connected to the software, or disobey any requirements, procedures, policies or regulations of networks connected to the software;

(vi) intentionally or unintentionally violate any laws of Australia or of any Australian State or Territory.

(i) providing your password to any other person or using any other person’s username and password.

3.4 The Streaming Services can be used for non-commercial use which results in increased public exposure of the Music Content, such as using the Streaming Services to provide background music for a business.

3.5 In the event that you do not comply with the terms of use contained in this clause 3, we retain the right to cancel your access to the Streaming Services and/or any Subscription by written notice to you and effective immediately.

4. Subscriptions

4.1 You may subscribe to the Streaming Services by paying a monthly subscription fee to us as offered on the Site from time to time. Any free subscription offers are made in conjunction with an ongoing Subscription.

4.2 By purchasing a Subscription:

(a) you are granted a non-exclusive, worldwide, non-transferable licence to use the music streamed for any personal, non-commercial and entertainment purpose, but excluding any right to make a copy of, duplicate or otherwise infringe the copyright in the music; and

(b) you acknowledge that you will be added to a database to be emailed information regarding the Site and the Services.

4.3 In order to purchase a Subscription and use the Streaming Services to access the Music Content, you need to be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.

4.4 All payments for Subscription are processed through PayPal, and are subject to the terms and conditions accepted when creating a PayPal account.

4.5 All subscriptions commence on the day that you purchase the Subscription, and the first instalment of fees are paid on the date of purchase. You monthly subscription fee will be due on the same day of each month, in advance of each month of subscription, by way of a direct debit arrangement via PayPal (“Payment Date”).

4.6 You can cancel your subscription at any time. Any cancellations will take effect at the end of the subscription month you are in at the time of cancellation, and no refunds will be provided.

4.7 If you wish to change the type of Subscription you have purchased, you may request to do so at any time through your user account. Changes will take effect on Payment Date of the month following your requested change, and the new subscription fee applicable to the new Subscription type will commence on the next Payment Date.

4.8 In accordance with clause 3.5, we retain the right to terminate any Subscription when the terms of using the Streaming Services are not complied with. If your Subscription is terminated due to your breach of these Terms, you will not be entitled to any refund of Subscription fees paid.

5. Artist Services

5.1 Any Music Content uploaded by music artists is subject to approval by us.

5.2 By posting or adding any Music Content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content to provide the Streaming Services.

5.3 You agree and acknowledge that:

(a) you will provide us with the information requested by us to create an Artist Profile on the site for the purpose of the Artist Services, including an artist profile image, and such information will be correct;

(b) approval is at our discretion and is not automatic;

(c) all music uploaded will be in MP3 or Wav format, and include the metadata of the file including the song title, artist name, and album cover art;

(d) the maximum file size that can be uploaded is 128MB per file;

(e) if you do not include cover art for your Music Content as required by clause 5.3(b), you permit us to use your artist profile image as the image for such Content;

(f) any Music Content submitted for approval and upload will be free of any viruses or material that could potential damage the Site or the Services;

(g) no royalties will be paid to you by use or by any third party as a result of your music being accessed and played;

(h) you are granting us a a non-exclusive, worldwide, non-transferable licence to have your Music Content available on our Site to provide Streaming Services;

(i) if you are a member of APRA ACMOS, you have opted out of APRA ACMOS managing your license in relation to our Site and the Services;

(j) you are not breaching any contract, including any agreement with a recording label or similar organisation, or law by uploading Content to the Site;

(k) you will at all times be identified as the owner and creator of any music you upload to the Site.

5.4 You agree to not use the Artist Services to:

(a) upload, post, transmit or otherwise make available any Music Content that:

(i) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(iv) contains software viruses or any other computer code, files or programs designed to interrupt, interfere with, destroy or limit the functionality of any computer software or hardware or electronic equipment, whether belonging to us or a third party;

(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) interfere with or disrupt the software or servers or networks connected to the software, or disobey any requirements, procedures, policies or regulations of networks connected to the software;

(d) intentionally or unintentionally violate any laws of Australia or of any Australian State or Territory.

5.5 If, in our reasonable opinion, any of your Music Content breaches clause 5.3, we may remove it without prior notice to you.

5.6 The licence in clause 5.2 will survive any termination of these Terms.

5.7 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this clause 5.

5.8 If you wish to join our email database to receive updates about the Site and the Services but do not have a Subscription, you may elect to do so by subscribing to receive updates on the Site.

6. Contributions

6.1 A music artist can, at their discretion, elect to be eligible to receive Contributions when uploading the Artist Profile and Music Content by providing the following PayPal account details:

(a) The email address connected with the registered PayPal account; or

(b) A PayPal.Me link (explained at https://www.paypal.com/au/webapps/mpp/paypal-me).

6.2 If an artist makes elects to be eligible to receive Contributions, a ‘Donation’ button will appear on the profile for that artist on the Site.

6.3 If a user wishes to make a Contribution to an artist, they can do so by clicking on the ‘Donation’ button for that artist. The payment of any Contribution is independent from any Subscription under clause 4.

6.4 We provide this service free of charge to support the music artists who upload Music Content. We do not have any involvement in the payment of Contributions except for the “Donation” button facility.

6.5 All Contributions are direct contributions to the artist, facilitated through PayPal, and as such we are not able to provide any receipt or other record of Contributions paid. All enquiries regarding Contribution records must be directed to the individual artist and/or PayPal.

6.6 We do not guarantee any minimum Contribution to any artist, and any Contributions made are at the discretion of each user of the Site.

7. Intellectual Property

7.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us:

(a) we own all intellectual property rights in the Site and the Content (excluding the Music Content); and

(b) the music artists who upload Music Content retain all intellectual property rights in relation to that Music Content.

7.2 You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.

7.3 Nothing in the Terms gives you a right to use the DME3 name or any of the DME3 trademarks, logos, domain names, and other distinctive brand features, without our express written consent.

8. Privacy

8.1 From time to time, we may collect certain information from your use of the Services. Any information that you provide when using the Services is subject to our Privacy Policy.

9. Password

9.1 You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above suggestions.

10. Indemnity and Release

10.1 You agree to defend, indemnify, release from liability and hold harmless DME3 (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:

(a) your use of and access to, or inability to use or access, the Services;

(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including but not limited to any copyright, property, or privacy right.

11. Limitation of Liability

11.1 To the maximum extent permitted by applicable law, DME3 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:

(a) your access to or use of or inability to access or use the Site and/or Services;

(b) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;

(c) any content obtained from the Services; and

(d) unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory.

12. Waiver and Severability

12.1 Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.2 If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect

13. Entire Agreement

13.1 These Terms and our Privacy Policy are the entire and exclusive agreement between us and you regarding the Services, and these Terms supersede and replace any prior agreements between us and you regarding the Services.

13.2 We may revise these Terms from time to time, the most current version will always be at www.DME3.com.au. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

14. Choice of Law

14.1 This License will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.

15. Contact

15.1 If you would like to contact us regarding your use of the Site and/or the Services, you can do so by contacting us using the form at https://dme3.com.au/contact/ or by post at DME3, PO Box 325, Bega NSW 2550

Privacy Policy

1. Why do we have a Privacy Policy?

1.1 We are required to comply with the Privacy Act 1988 (the Act), and with the National Privacy Principles (NPP’s) contained in the Act. NPP 5 requires us to be open about the way we handle certain information, and to that end requires us to have a Privacy Policy.

2. What information is covered by the Privacy Act 1988

2.1 The Act covers personal information and sensitive information. Both of these are referred to as “information” throughout this document.

2.2 Personal information is “information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.”

2.3 Sensitive Information is information or an opinion that is personal information, and is about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences, or criminal record and any health information about an individual.

3. What Information will we collect?

3.1 When you register to use the Services, you provide some personal information, such as your name, username, password, and email address.

3.2 We only collect information that is necessary for us to carry out our functions or activities. This may include sensitive information.

3.3 Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, your mobile carrier, device and application IDs, and search terms. Other actions, such as interactions with our website, applications and advertisements, may also be included in Log Data. If we haven’t already deleted the Log Data earlier, we will either delete it or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.

3.4 Like many websites, we use “cookie” technology to collect additional website usage data and to improve our Services, but we do not require cookies for you to be able to browse public web pages available on www.DME3.com.au. A cookie is a small data file that is transferred to your computer’s hard disk. We require that your browser stores a session cookie for a successful login and subsequent use of non public services. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

4. When do we disclose the information?

4.1 We only disclose information where we need to in order to advance your interests, or when we are required by law to disclose it. Generally we will try to ensure that you are aware whenever information is being disclosed to a third party.

4.2 We engage certain trusted third parties to perform functions and provide services to us, including contacting you by email to advise you of news and information relating to the Services. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only where these third parties have agreed to honour the protections of this privacy policy.

4.3 DME3 reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of the Services. We may provide information relevant to a court subpoena or to a law enforcement or other government investigation. You acknowledge and agree that we may collect, transmit, store, disclose and analyse such information for these purposes.

4.4 In the event that DME3 is involved in a winding up, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity.

5. Can you access the information?

5.1 You are entitled to ask what information we hold about you. We will, within a reasonable time, inform you of the personal information and/or sensitive information that we hold about you. You may then ask us to show you the information so that you can check to ensure that it is accurate, complete and up to date. We will give you access to the information for this purpose unless we are entitled to refuse access pursuant to NPP 6.1, in which case we must provide you with reasons for the refusal.

6. Changes to this Policy

6.1 We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at be at www.DME3.com.au. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Privacy Policy.