Lifestyle Music Group
Lifestyle Music Pty Ltd’s Terms and Conditions of Service
Welcome to the Lifestyle Music Pty Ltd Web Site, which is located at www.LifestyleMusic.net (the "Site"). The following Terms and Conditions of Service ("TCOS") contain the terms and conditions that govern your use of the Site and the Lifestyle Music Pty Ltd Service (as defined below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TCOS.
Lifestyle Music Pty Ltd, along with our licensees and assignees referred in this Agreement as “us” and “we” and “Lifestyle Music Pty Ltd”) reserves the right to add to, delete or change these TCOS because of frequent changes in Internet technology and applicable law. As such, you should check these TCOS from time to time for such changes.
1. The Lifestyle Music Pty Ltd Service. Lifestyle Music Pty Ltd provides a number of Internet-based services and products through the Site (all such services, collectively, the "Lifestyle Music Pty Ltd Service" and “Products”). Lifestyle Music Pty Ltd users may create and purchase individual Products for their own use. Lifestyle Music Pty Ltd allows all Users to browse the Site and purchase Products from the Site. Lifestyle Music Pty Ltd may offer a number of other services and products on its Site, such as message boards, contests, and newsletters, which may change from time to time.
2. Use of the Site and Lifestyle Music Pty Ltd Service.
(a) Eligibility. Lifestyle Music Pty Ltd will only knowingly provide the Lifestyle Music Pty Ltd Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Lifestyle Music Pty Ltd Service only under the supervision of a parent or legal guardian who agrees to be bound by these TCOS. The Lifestyle Music Pty Ltd Service is not intended for children under the age of 13.
(b) Compliance With TCOS and Applicable Law. You must comply with all of the terms and conditions of these TCOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Lifestyle Music Pty Ltd Service and the Site.
(c) Your License to Use the Site and the Lifestyle Music Pty Ltd Service.
(1) Lifestyle Music Pty Ltd and its licensors solely and exclusively owns all intellectual property and other right, title and interest in and to the Lifestyle Music Pty Ltd Service and Site, except as expressly provided for in these TCOS. You will not acquire any right, title or interest therein under these TCOS or otherwise.
(2) Lifestyle Music Pty Ltd grants you a limited revocable license to access and use the Site and the Lifestyle Music Pty Ltd Service for its intended purposes, subject to your compliance with these TCOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Lifestyle Music Pty Ltd; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breaches this TCOS, Lifestyle Music Pty Ltd may revoke the license granted to you.
3. Rules For Use Of the Site.
(a) Prohibited Use. Except as may be expressly permitted by Lifestyle Music Pty Ltd, you may not: (i) interfere with the Lifestyle Music Pty Ltd Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Lifestyle Music Pty Ltd Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Lifestyle Music Pty Ltd Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Lifestyle Music Pty Ltd's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the Lifestyle Music Pty Ltd Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TCOS.
(c) Monitoring. Lifestyle Music Pty Ltd reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If Lifestyle Music Pty Ltd determines, in its sole and absolute discretion, that you or another Lifestyle Music Pty Ltd user will breach a term or condition of these TCOS or that such transaction or communication is inappropriate, Lifestyle Music Pty Ltd may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
(d) Modification of the Service. Lifestyle Music Pty Ltd may modify the Lifestyle Music Pty Ltd Service at any time with or without notice to you, and will incur no liability for doing so.
4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Lifestyle Music Pty Ltd permission to use such submissions for marketing and other promotional purposes. You agree that Lifestyle Music Pty Ltd will have no obligation to keep any Submissions confidential and you will not bring a claim against Lifestyle Music Pty Ltd based on "moral rights" or the like arising from Lifestyle Music Pty Ltd's use of a Submission.
5. Representations and Warranties.
(a) Mutual Representations and Warranties. You represent and warrant to Lifestyle Music Pty Ltd and Lifestyle Music Pty Ltd represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TCOS, (ii) the execution and performance of your or its obligations under these TCOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TCOS are a legal, valid and binding obligation of the party entering into these TCOS, enforceable in accordance with their terms and conditions.
(b) By You. You represent and warrant to Lifestyle Music Pty Ltd that, in your use of the Lifestyle Music Pty Ltd Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Lifestyle Music Pty Ltd that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) Lifestyle Music Pty Ltd will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Lifestyle Music Pty Ltd incurs in providing the Lifestyle Music Pty Ltd Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
6. Disclaimers, Exclusions, and Limitations.
(a) DISCLAIMER OF WARRANTIES. LIFESTYLE MUSIC PTY LTD PROVIDES THE SITE AND LIFESTYLE MUSIC PTY LTD SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIFESTYLE MUSIC PTY LTD DOES NOT REPRESENT OR WARRANT THAT THE SITE, LIFESTYLE MUSIC PTY LTD SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. LIFESTYLE MUSIC PTY LTD MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TCOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. LIFESTYLE MUSIC PTY LTD WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE LIFESTYLE MUSIC PTY LTD SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TCOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TCOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TCOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY LIFESTYLE MUSIC PTY LTD TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
7. Indemnification. You will indemnify and hold Lifestyle Music Pty Ltd and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TCOS. If you have to indemnify Lifestyle Music Pty Ltd under this Section, Lifestyle Music Pty Ltd will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Lifestyle Music Pty Ltd's express written permission.
(a) Termination. Lifestyle Music Pty Ltd may suspend or terminate your use of the Site or Lifestyle Music Pty Ltd Service if it believes, in its sole and absolute discretion, that you have breached a term of these TCOS.
(b) Survival. These TCOS will survive indefinitely unless and until Lifestyle Music Pty Ltd chooses to terminate them.
(c) Effect of Termination. If you or Lifestyle Music Pty Ltd terminates your use of the Site or the Lifestyle Music Pty Ltd Service, Lifestyle Music Pty Ltd may delete any Submissions or other materials relating to your use of the Lifestyle Music Pty Ltd Service on Lifestyle Music Pty Ltd's servers or otherwise in its possession and Lifestyle Music Pty Ltd will have no liability to you or any third party for doing so.
9. Notice. All notices required or permitted to be given under these TCOS will be in writing and delivered to the other party by any of the following methods: (i) mail, (ii) courier, or (iii) electronic mail. If you give notice to Lifestyle Music Pty Ltd, you must use the following addresses: Lifestyle Music Pty Ltd, P.O. Box 1, Babinda, QLD, 4861, Australia or firstname.lastname@example.org. If Lifestyle Music Pty Ltd provides notice to you, Lifestyle Music Pty Ltd will use the contact information provided by you to Lifestyle Music Pty Ltd. All notices will be deemed received as follows: (i) if by delivery by registered mail, seven (7) business days after dispatch, (ii) if by courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non- delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
10. Miscellaneous. These TCOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Queensland, Australia without reference to conflict of law principles. These TCOS will not be assignable or transferable by you without the prior written consent of Lifestyle Music Pty Ltd. These TCOS (including all of the policies and other Agreements described in this TCOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TCOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Lifestyle Music Pty Ltd are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TCOS. The invalidity or unenforceability of any provision of these TCOS will not affect the validity or enforceability of any other provision of these TCOS, all of which will remain in full force and effect.