Here’s the deal.
In a sense we are asking to broadcast your material. You, the Artist retain complete control and ownership of your music, and your artwork, your biographical details and anything else you post (together called “Your Material”), on theaudience.co.nz (“the Service”). So…
By clicking “I agree” you are entering into a contract with us where you agree:-
To grant to us a non-exclusive world-wide free use licence in Your Materials, for the duration of the copyright that allows us:
- to store and reproduce Your Materials either in full or in part on the Service wherever it may be situated and in all media now existing or that may arise in the future;
- to broadcast, transmit, electronically communicate, disseminate or otherwise provide to users access to Your Material;
- permit or refrain from allowing users to listen to and or view all or a portion of Your Materials;
- to permit users, if you have agreed to this separately, to download, store or copy Your Materials directly from our site;
- to use Your Materials in publicity and promotion,
- to supply your Materials to our partner broadcasters TVNZ U and the independent radio stations for the Chart Show.
In return we will:
- develop and maintain the service at our expense;
- actively promote the service and New Zealand music; and
- keep you informed as to User activity.
The site is pretty resilient but no doubt one or two of you will try to beat the system. Activities like using multiple accounts to vote, purchasing any kind of SMO package, or repeatedly playing the same track are, in our view, cheating. We have systems in place to alert us to this type of activity and if we find anyone cheating we will take whatever action we deem appropriate - if you don't like it then you are welcome to leave. Our decision will be final, no rights of appeal exist.
Your promises to us.
You warrant undertake and agree that:-
YOU ARE FREE TO ENTER INTO THIS AGREEMENT AND ARE EITHER THE SOLE LEGAL AND BENEFICIAL OWNER OR CONTROLLER OF ALL RIGHTS GRANTED OR HAVE OBTAINED ALL NECESSARY CONSENTS OF ANY NATURE WHICH MAY BE REQUIRED FROM THIRD PERSONS TO ALLOW US TO EXERCISE OUR RIGHTS UNDER THIS AGREEMENT.
NO MATERIALS PROVIDED BY YOU TO US UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MUSICAL WORKS, SOUND RECORDINGS, ARTWORK AND PROMOTIONAL MATERIALS, NOR ANY USE OF SUCH MATERIALS BY US SHALL VIOLATE ANY LAW OR INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.
YOU AGREE TO INDEMNIFY US AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, COST OR EXPENSE INCLUDING REASONABLE LAWYER’S FEES PAID OR INCURRED BY REASON OF ANY BREACH OR ALLEGED BREACH OF THESE WARRANTIES.
YOU UNDERSTAND THAT UPON YOUR MATERIALS BEING POSTED ON OUR SITE VISITORS TO OUR SITE WILL BE ABLE TO LISTEN TO, REPRODUCE, DOWNLOAD (if you have agreed to allow this), ADAPT OR OTHERWISE DEAL IN THE COPYRIGHTS ATTACHED TO AND EMBODIED IN YOUR MATERIALS AND WE HAVE NO RIGHTS, INTERESTS OR CONTROL OVER HOW REPRODUCTIONS OF YOUR MATERIALS ARE USED, ADAPTED OR DISSEMINATED. YOU ACKNOWLEDGE WE ARE NOT EQUIPPED WITH A SECURITY MECHANISM TO HINDER FURTHER COPYING OF YOUR MATERIAL. What this means is that we run open source people, we have no DRM.
In the event that the Artist comprises more than one member each member acknowledges that each member is individually contracted to us and that references to the Artist in this Agreement shall be deemed to refer to each member and that all obligations on the part of the Artist in the Agreement are joint and several obligations on the part of each member.
Labels, managers and groups.
If you are a manager or a label or the Artist you represent is a group then you agree and warrant that you are authorised to act on behalf of the Artist and that the warranties as set out in this agreement apply to you as if you are the Artist.
The Governing Law of this Agreement is New Zealand.
Who are we?
theaudience.co.nz is wholly New Zealand owned and operated by Amplifier Holdings Limited. We can be found at:
519 New North Road
PO Box 56 545
Why are we doing this?
Because we love you.