These terms govern your use of www.aria.com.au (the Website). The Website is owned and operated by the Australian Recording Industry Association Limited (ABN 72 002 692 944) of Level 4, 11-17 Buckingham Street Surry Hills NSW 2010 (ARIA). Access to and use of this Website is subject to the following Terms of Use.
By using the Website, you are agreeing to all the Terms of Use, as may be updated by ARIA from time to time. You should check this page regularly to take notice of any changes ARIA may have made to the Terms of Use.
ARIA reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon publication on this Website. Your continued use of the Website following such publication will represent an agreement by you to be bound be the terms and conditions as amended.
Access to this Website is permitted on a temporary basis, and ARIA reserves the right to withdraw or amend access without notice to you. ARIA will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, ARIA may restrict access to some of or all of this Website.
This Website is provided as general information to the public about ARIA’s responsibilities, activities, events and services. Information made available at this Website 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. You should obtain independent advice for such purposes.
By using this Website, you acknowledge that the information on this Website does not take into account the particular circumstances of you or any other user of this Website. When using the Website and information herein, you and all other users are solely responsible for deciding whether the information is appropriate to your particular situation.
ARIA retains the right to monitor, modify, suspend, block or terminate your access to the Website for any reason at any time without notice or liability to you. The operation of the Terms of Use will survive any suspension or termination of your access to the Website.
Content
All material published on the Website is protected by copyright. Other than using for personal use, non-commercial use or reference, you are not permitted to reproduce, alter, translate, publish, communicate or sell any material published on the Website (whether in whole or part) without the written approval of ARIA.
Permission to use press releases, statistical information, news, and FAQs (Content) made available at this Website is granted to you, provided that:
a) the following copyright notice is displayed on all copies and ARIA is credited as the source © ARIA - Australian Recording Industry Association Ltd.;
b) use of Content from this Website is for personal information and non-commercial use only, and will not be reproduced and/or made available on any network, or broadcast, published or communicated in any media; and
c) modifications are not made to the Content.
Use for any other purpose is expressly prohibited by law and may result in the imposition of civil and criminal penalties.
For the avoidance of doubt, Content does not include:
· the ARIA Charts or any ARIA Charts data;
· photographs, footage, sound recordings or musical works performed or taken at the annual ARIA Awards presentation ceremony, nomination ceremony or ARIA Week; or
· the layout or design of the Website or any other ARIA owned, operated, licensed or controlled website.
ARIA Charts Content
This Website may allow you to access, view and listen to certain sound recordings, music videos and other content related to the ARIA Charts (Charts Content) as a stream. You must only view the Charts Content through this Website. You must not ‘deep link’ directly to Charts Content on this Website, unless you have approval from the relevant rights holder to do so. We grant you a limited, personal, non-transferable and non-exclusive licence to view the Charts Content as a stream for your own private, non-commercial use, provided that you must not:
a) copy or attempt to copy the Charts Content (other than the temporary copying which is a necessary part of the technical process to view or listen to the streaming Charts Content) or store the Charts Content in any way;
b) modify or adapt the Charts Content in any way;
c) communicate, perform, publish, distribute or otherwise provide the Charts Content to any third party in any way; or
d) sell, rent, lease, loan or otherwise exploit for profit any Charts Content or use of or access to any part of this Website or offer to do any of those things.
Materials Posted By You
By posting, submitting or adding any materials for the ARIA Charts (whether it is photos, text, videos or other content) (Your Materials) to this Website, you grant to ARIA, without any credit or compensation to you, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and fully transferrable and assignable licence to use Your Materials in any way. This includes, but is not limited to, reproducing, changing and communicating, publishing and displaying Your Materials to the public via the Website. You also permit us to authorise any of our partners or licensees to do the same. 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 a 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 paragraph, 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 solely responsible for any material you post to this Website. You must not add any materials to this Website:
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 would bring ARIA, ARIA’s partners or the Website into disrepute;
d) that is false, misleading or deceptive;
e) that contains financial, legal, medical or other professional advice; or
f) that infringes the intellectual property or other rights of any person.
Under no circumstances will we be liable to you in any way for Your Materials including, but not limited to, errors of omissions or for any loss or damage of any kind incurred as a result of Your Materials.
Registration
To access certain parts of this Website, you may be required to register with ARIA. As part of any registration process, you must provide complete accurate registration information. You accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user accounts. You are responsible for maintaining the confidentiality of your password, 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.
Prohibitions
You warrant that you will not use the Website in any manner or for any purpose that:
a) transmits or distributes a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
b) hacks into any aspect of this Website, corrupts data or causes annoyance to other users;
c) uses any “deep-link”, “page-scrape”, “robot” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content;
d) sends any unsolicited advertising or promotional material, commonly referred to as “spam”;
e) attempts to affect the performance or functionality of any computer facilities of or accessed through this Website; or
f) breaches any applicable laws and regulations in addition to these Terms of Use.
Linked Sites
The Website may contain links to third-party websites which are not operated or controlled by ARIA (Linked Sites). Links to these Linked Sites are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, ARIA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each Linked Site.
ARIA does not make any representation or endorsement in relation to any Linked Site or any content or service available at the Linked Sites.
Intellectual Property
The intellectual property rights in all copyright, trademarks and content (including photographic images and video) made available to you on or through this Website are owned by ARIA or licensed to ARIA. This extends to all ARIA trademarks and brands, including, but not limited to, ARIA Charts, the ARIA Awards and the ARIA Hall of Fame. ARIA reserves all rights in this Website and the information provided by it.
Unless as expressly prescribed by law and as authorised by these Terms of Use, you are not permitted to modify, publish, distribute, communicate, sell or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website in connection with any business or commercial enterprise.
Advertising
You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of this Website. Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute a recommendation or endorsement by ARIA of the advertisers' products or services and each advertiser is solely responsible for any representations made in connection with its advertisement.
Marketing and Promotions
ARIA may conduct competitions or other promotions via the Website or ARIA’s social media channels Separate terms and conditions will apply for such competitions or promotions but the rules of such promotions or competitions will be deemed to be incorporated into and form a part of the Terms of Use.
Subject to your consent, ARIA may send to you from time to time, information and offers that may be of interest to you. You have the opportunity to “opt out” of receiving such communications by using the unsubscribe facility in the communications.
Privacy
The use of this Website is also governed by ARIA’s privacy policy, which sets out how we will use your information. The policy can be found here.
You will be taken to have read and accepted the privacy policy when you accept these Terms of Use by using the Website.
Liability
To the full extent permitted by law, the Website and the information provided at this Website are provided on an "as is" and “as available” basis. While every effort has been made to ensure accuracy, ARIA 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 Website. ARIA also does not guarantee continuous, uninterrupted or secure access to the Website.
To the full extent permitted by law, ARIA excludes 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 the Website, 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 the Website or content accessed from it. ARIA will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computers programs, data or other proprietary material due to your use of this Website or your downloading of any material posted on it, or on any Linked Sites.
To the full extent permitted by law, ARIA excludes all implied conditions and warranties, including without limitation as to completeness, accuracy, currency of the information contained at the Website. If conditions and warranties are implied by law under the Competition and Consumer Act 2010 and similar legislation and cannot be excluded, ARIA limits liability to the extent permitted by law to re-supply or payment of the cost of resupply of services provided at this Website.
The material provided and views expressed by users of the Website are the views of those users and are not endorsed by ARIA. Information made available on the Website 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 the Website, you are solely responsible for deciding whether the information is appropriate to your particular situation.
Indemnity
You agree to indemnify, defend and hold harmless ARIA (including its shareholders, directors, officers, employees, agents, affiliates and representatives) from any and all third-party claims, liability, damages or costs, including reasonable legal fees, arising from your use of this Website or your breach of these Terms of Use.
General
The Website and these Terms of Use are governed by the laws of New South Wales, Australia. ARIA and you irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales.
Any rights not expressly granted herein are reserved.
For general queries or to report problems about the Website, please email media@aria.com.au.
