Forté Artist Terms of Use
The following terms, conditions and notices (the “Artist Terms of Use”) govern your upload of Artist Works to the website located at www.fortemusic.app (the “Website”), our mobile and desktop apps and all related sites, players, widgets, tools, applications, data, software and other services (the “Apps”) provided by Forté Music Global Pty Ltd (ABN 87 657 155 667) (herein referred to as “we”, “us” and “our”) and the relationship, rights and obligations of you to us.
Access to and use of the Website and Apps (individually and collectively the “Platform”) are subject to these Artist Terms of Use, together with our Privacy Policy, and constitute a legally binding contractual agreement between you and us. By uploading Artist Works and Artist Content (as defined herein) to the Platform and otherwise using the Platform, you agree to be legally bound by these Artist Terms of Use as amended from time to time. You agree to comply with these Artist Terms of Use, and acknowledge and agree that we have the right, in our sole discretion, to terminate your account or take such other action as we see fit in our sole discretion, including but not limited to instigating legal proceedings and/or reporting you to the relevant law enforcement authorities if you breach any of the terms of these Artist Terms of Use.
For that reason these Artist Terms of Use are important and you should ensure that you read them carefully and contact us with any questions before you use the Platform. Should you have any further enquiries, you can contact us here.
We reserve the right to update, change or replace any part of these Artist Terms of Use at any time and it is your responsibility to check this page periodically for changes.
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Acceptance of Artist Terms of Use
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By uploading Artist Works and using the Platform you acknowledge and agree that you have had sufficient chance to read and understand the Artist Terms of Use and Privacy Policy and you agree to be bound by them. If you do not agree to any of the provisions set out in these documents, please do not use the Platform.
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By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Artist Terms of Use and Privacy Policy, will abide by them, and that you are either eighteen (18) years of age or more, or you are thirteen (13) years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.
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Some features of the Platform are only available to Registered Users. However, these Artist Terms of Use apply to all users of the Platform whether they are registered or not.
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What is Forté?
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Forté is an exciting new evolution in the music industry. For fans, it’s best described as a dating app, but for discovering artists. Fans swipe left through short sections of songs, and when they find something they like, they swipe right. That artist is then transferred into their “Matches” folder, where they can take a deeper dive into the artist’s world in the form of that artist’s “Poster”. The poster has all the artist’s important links to music, videos, merch and show tickets and other social media.
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Why use Forté?
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For fans, it’s an easy and fun way to discover their new favourite musical artists.
For artists themselves, Forté acts as the “central station” or “hub” for your entire musical universe, with an active discovery mechanic that drives new fans directly to their profile.
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Description of the Platform
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The Platform is a hosting and streaming service and marketing and promotional tool for:
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registered Artist users of the Platform to create, submit, upload and post Artist Works and other content, data, weblinks and information that may be uploaded, stored, transmitted, submitted, exchanged or otherwise made available to or via the Platform (“Artist Content”); and
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Registered Users to view, listen, follow and share Artist Content,
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(the “Services”).
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Registration for use of Platform – Personal information
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Users can choose to register either as an Artist or an End User.
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When you register to use the Platform and become a Registered User, you will be required to provide us with personal information such as your email address, your first name and last name and will choose a username and password for your account (“User Account”). The email address that you provide must be, and must remain, valid. Your email address, username, password and any other information you choose to provide to us via the Platform will be handled in accordance with our Privacy Policy.
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You are solely responsible for maintaining the confidentiality of any account information and all use of your username and password and all activity emanating from your User Account, whether or not such activity was authorised by you.
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If your username or password is lost or stolen, or if you believe that your User Account has been accessed by an unauthorised third party, you are advised to notify us in writing here and you should change your password at the earliest opportunity.
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We reserve the right to disallow, cancel, remove or reassign usernames and permalinks, as determined by us in our sole discretion and may without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Artist Terms of Use or an infringement or violation of the rights of any third party or of any applicable laws or regulations.
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Your submission of personal information is governed by our Privacy Policy.
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Term
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The Term of this Agreement shall commence as of the Effective Date and continue on a rolling basis until terminated with not less than ninety (90) days written notice by either party, or otherwise pursuant to paragraph 17 of these Artist Terms of Use (the “Term”).
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Licence to use Platform
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We grant you a non-exclusive, worldwide, non-assignable and non-transferable licence to use the Platform in accordance with these Artist Terms of Use.
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In addition, we grant you a non-exclusive, worldwide, non-assignable and non-transferable right and licence to:
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submit, upload or post Content to the Platform strictly as permitted in accordance with these Artist Terms of Use and any other applicable terms posted on the Website from time to time; and
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use the Apps provided as part of the Platform strictly as permitted in accordance with these Artist Terms of Use and any other terms applicable to those Apps from time to time.
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You must not add any Content to the Platform:
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unless you hold all necessary rights, licences and consents to do so;
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that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
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that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
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that would bring us, or the Platform, into disrepute;
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that infringes the intellectual property or other rights of any person; or
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that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm or other harmful or malicious component which might in any way impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform or which does or might restrict or inhibit any user’s use and enjoyment of the Platform.
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The Website 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.
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You acknowledge and agree that:
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we retain complete editorial control over the Platform and may alter, amend or cease the operation of the Platform at any time in our sole discretion; and
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the Platform will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
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Licence of Artist Works and Artist Content
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In consideration of the mutual promises contained herein, and by clicking the “I Agree” button, you hereby grant to us a non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence during the Term to:
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promote, market, reproduce, copy, modify, extract, digitally encode, distribute, transfer, licence, publicly perform, publicly display, communicate to the public, synchronize and otherwise deal in (collectively, “Exploit”, “Exploitation”) the Artist Works using any technologies or methodologies now known or hereafter developed (and to reproduce, transcode, copy and store (as applicable) the Artist Works on computer servers owned and/or operated by or on behalf of us or our authorised sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist Works);
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Exploit all associated Artist Content, including but not limited to copyrightable works or metadata, including, without limitation, song lyrics and musical notations, artwork, photographs, graphics, and descriptive text in connection with the Artist Works;
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allow Registered Users of the Platform to receive public performances and public displays of the Artist Works and Artist Content and to reproduce the Artist Works and Artist Content on any and all devices owned or controlled by the Registered User for non-commercial purposes and receive performances and displays of same;
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reproduce, use, and publish, and to permit others to reproduce, use and publish, your name(s), trademarks, likenesses, and personal and biographical materials; and
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collect all income deriving therefrom,
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in connection with the Exploitation of the Artist Works, the provision of the Services and otherwise in connection with the Platform. You hereby permit us to authorise any other person to do any of those things set out in this clause 8, including but not limited to, Registered Users, any other users of the Platform and users of any other websites, apps and/or platforms to which the Artist Works and/or Artist Content has been shared or embedded (“Linked Platforms”).
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We reserve the right to decide whether, where, and how Content is listed on the Platform. We may refuse to post, deliver, modify or otherwise use or take any action with respect to any Content. If we have questions about your Content including without limitation with respect to copyright, we may contact you for further information. In the event that we become aware that any such material may violate these Artist Terms of Use and/or expose us to civil or criminal liability, we reserve the right to block access to such material and suspend or terminate any user creating, storing or disseminating such material. We further reserve the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including without limitation disclosing the identity and related information of the Registered User that we deem responsible for the wrongdoing. We may remove Content without prior notice and in our sole discretion.
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You may: (i) request us to remove any Content posted by you from the Platform by emailing us at support@fortemusic.app; or (ii) remove any Content uploaded by you by deleting such Content from your User Account.
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The licences in this clause 8 will survive any termination of these Artist Terms of Use.
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Prohibited uses
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In addition to the other prohibitions as set forth in these Artist Terms of Use, you must not:
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adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise exploit any Content on or from the Platform, except where (i) such Content is your Content, or (ii) as permitted under these Artist Terms of Use;
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employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of your Content on the Platform, or to mispresent your activity on the Platform and must not offer or promote the availability of any such techniques or services to any other users of the Platform;
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alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than in relation to your Content);
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rent, sell or lease access to the Platform or any Content on the Platform;
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deliberately impersonate any person or entity or otherwise misrepresent to us your affiliation with a person or entity;
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use or attempt to use any other user’s account, username, password, Content or other information unless you have express permission from such other user;
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collect or attempt to collect personal information, or any other kind of information about other users;
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spam, phish, pharm, pretext, spider, crawl, or scrape;
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interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet;
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harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
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We reserve the right to terminate your use of the Platform for violating any of the prohibited uses and will report any breaches to the relevant law enforcement authorities.
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Artist Subscriptions
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As a registered Artist User you will be required to purchase a subscription (“Artist Subscription”) to provide access and enable you to use the Platform.
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If you purchase an Artist Subscription, your Artist Subscription will be for a 30-day period, and your Artist Subscription will thereafter renew automatically for additional 30-day periods. We will automatically charge your payment account the associated Artist Subscription fee on the date of commencement of each applicable 30-day renewal period, unless you have already paid for the applicable renewal period in advance or, you cancel your Artist Subscription before the applicable day of renewal. You can cancel your Artist Subscription at any time from the first day of your first month’s subscription.
AUTOMATIC RENEWAL: AS STATED ABOVE, IF YOU DO NOT CANCEL YOUR ARTIST SUBSCRIPTION PRIOR TO THE COMMENCEMENT OF AN APPLICABLE 30-DAY RENEWAL PERIOD, WE WILL AUTOMATICALLY CHARGE YOUR PAYMENT ACCOUNT AT THE BEGINNING OF EACH SUCCESSIVE 30-DAY PERIOD.
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If you subscribe to the Platform via the In-App purchase, the terms and conditions of the Apple App Store / Google Play Store through which you make the purchase will apply with respect to your purchase, including the payment process and payment terms as well as your right to opt-out and cancel, as applicable.
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You shall be solely responsible and liable for, and we shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), Stripe or PayPal fees (except for fees charged on our Stripe or PayPal account), credit card transaction fees, disputed payments, and refunds, except as provided in this Artist Terms of Use.
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We retain the right, but do not have the obligation, to immediately halt the use or exploitation of your Content, suspend or terminate your Artist Subscription, prevent or restrict access to the Platform or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Platform, or for any other reason in our sole and absolute discretion, and to correct any inaccurate listing or technical problems on the Platform. We may immediately halt the use or exploitation of Content or suspend or terminate your Artist Subscription upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.
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We are not required to provide a refund if you change your mind about the purchase of the Artist Subscription. Your statutory rights to refund and remedies in case of major defects are governed by Australian Consumer Law.
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Changes to pricing and features
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We may occasionally need to change the features made available with the Platform and/or change the price charged for your Artist Subscription and/or offer discounts and promotions. In the event of any increase in the price or material reduction in the features of your Artist Subscription, we will communicate these change(s) to you at least four (4) weeks in advance and the changes will only take effect with respect to any renewal of your Artist Subscription following the applicable four (4) week period. You can cancel your Artist Subscription prior to the effective date of the changes changes by clicking the "Cancel Subscription" button on your Subscriptions page on the Website. If you do not cancel your Artist Subscription prior to the applicable effective date of the changes, your Artist Subscription will be modified to reflect the applicable change to the Platform features and/or price charged for your Artist Subscription.
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Intellectual Property Rights
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Nothing in these Artist Terms of Use constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Platform and all such rights are reserved by us and our licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appear on the Platform, nor may you use such content in connection with any business or commercial enterprise.
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Any and all Content uploaded, stored, transmitted, submitted, exchanged or otherwise made available to or via the Platform by you shall be owned and controlled solely by you and not by us, but subject always to the licence of rights set out in these Artist Terms of Use. Any such Content uploaded, stored, transmitted, submitted, exchanged or otherwise made available to or via the Platform shall at all times be required to strictly comply with these Artist Terms of Use. In particular, any unauthorised use of copyright protected material within your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited.
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Nothing in these Artist Terms of Use grants any rights to us or any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of your Content (the “Protected Marks”) other than the right to such users to reproduce, publicly display, make available and otherwise communicate to the public those Protected Marks, automatically and without alteration where such users are reposting or otherwise providing direct links to your Content with which you have associated those Protected Marks.
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The licences granted herein with respect to Content and any images and text as uploaded by you will terminate automatically when you remove such Content from your account. Licences with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. Notwithstanding the foregoing, you hereby acknowledge and agree that once your Content is distributed to a Linked Platform, we shall not be under any obligation to ensure the deletion of your Content from any servers or systems operated by the operators of any Linked Platform, or to require that any user of the Platform or any Linked Platform deletes any item of your Content.
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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 any third party has moral rights, you must also ensure that the third party also consents in the same manner.
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You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in these Artist Terms of Use.
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Copyright Infringement
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If you believe a user of the Platform is infringing your copyright or the copyright of any third party, please notify us in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to our designated agent at the following mailing address and email address: Attn: Forté Music Global Pty Ltd, PO BOX 2260, New Farm 4005, Australia, support@fortmusic.app.
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Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
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Notwithstanding the fact that we have no legal obligation to monitor the Content on the Platform, we reserve the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Artist Terms of Use or applicable law, or is otherwise unacceptable to us.
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Warranties
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You represent and warrant to us that:
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you have the legal capacity to enter these Artist Terms of Use; and
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you have, and shall continue to comply at all times with, the warranties, representations, conditions, guarantees, obligations and terms of these Artist Terms of Use.
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By uploading Content to the Platform, you hereby represent and warrant to us that:
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your Content, and each and every part thereof, is an original work by you and you own or otherwise control all rights to your Content or that such Content are in the public domain or have otherwise been directly licensed to you in writing with a grant of rights sufficient to permit you to enter into this Agreement and to grant all of the rights with respect to the Content as set forth in this Agreement;
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the Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity or right in any confidential information;
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you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content you upload to the Platform;
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you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in the Content in order to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Content, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Content) as contemplated by these Artist Terms of Use;
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you are authorized to grant all of the aforementioned rights to the Content to us and all users of the Platform;
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to the extent you are the songwriter of any Composition embodied on any Artist Works, whether in whole or in part, you have the full right, power, and authority to grant the rights set forth in these Artist Terms of Use notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to us for the public performances and communications to the public of your Compositions, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Compositions;
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no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Content as authorised under these Artist Terms of Use.
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If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting us the right and license set forth in these Artist Terms of Use and making the representations and warranties set forth in this clause, then you are prohibited from uploading such Content to the Platform and shall be responsible for indemnifying and holding us harmless from and against any and all claims arising from the exploitation of your Content on the Platform, including all court costs and legal fees.
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Disclaimer of Warranties; Limitation of Liability
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The Platform, including without limitation, the Website, the Apps and all Content uploaded to the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use (where applicable), without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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You hereby acknowledge and agree that we: (i) store Content and other information at the direction, request and with the authorisation of our users; (ii) act merely as a passive conduit and/or host for the uploading, storage and licensing of such Content; and (iii) play no active role and give no assistance in the presentation or use of the Content. You are solely responsible for all of your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, we exclude all liability with respect to all Content (including your Content) and the activities of Registered Users with respect thereto.
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You hereby acknowledge and agree that we cannot and do not review the Content created or uploaded by Registered Users, and neither we nor our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation, and do not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe the rights of any third party, or has otherwise been uploaded in breach of these Artist Terms of Use or any applicable law.
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To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. We will not be liable for any loss or damage however caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of or in connection with your use of the Platform or to your downloading of any material posted on it, or on any Linked Platform.
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To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Artist Terms of Use.
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These Artist Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
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the supply of the Services again; or
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the payment of the cost of having the services supplied again.
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Indemnity
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You will indemnify fully and hold Forté Music Global Pty Ltd, its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, shareholders and licensors harmless from any claims, loss, damage, proceeding, liabilities, expenses and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, arising directly or indirectly as a result of your use of the Platform, any Content uploaded to the Platform by users including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform, your breach of these Artist Terms of Use, or your violation of any applicable law or the rights of any third party.
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Termination
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These Artist Terms of Use terminate automatically if, for any reason, we cease to operate the Platform.
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We may otherwise terminate or suspend your use of or access to the Platform, including suspending or terminating any Artist Subscription and/or your User Account, in our sole discretion, immediately, without notice or liability to you, if you have breached, or we believe in good faith you have breached, these Artist Terms of Use in any way and we reserve the right to remove your Content and pursue all available legal remedies for any breach as aforesaid. Upon termination, you must stop all use of the Platform.
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General
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You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Artist Terms of Use. We may assign, license or otherwise dispose of or deal with any or all or our rights under these Artist Terms of Use, either wholly or partially, without notice or obligation to you.
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If a provision of these Artist Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
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Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
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These Artist Terms of Use, together with the Privacy Policy, constitutes the entire agreement of the parties regarding your use of the Platform and supersedes any and all preceding and contemporaneous agreements between you and Forté Music Global Pty Ltd.
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The parties to this Agreement are independent contractors. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between the parties. Neither party has authority to make or accept any offers or representations on behalf of the other party.
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These Artist Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of Queensland, Australia.
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Definitions
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In this Agreement, unless otherwise indicated by the context:
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‘Agreement’ means these Artist Terms of Use.
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‘Artist’ refers to you, if you agree to become an Artist by accepting these Artist Terms of Use.
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‘Artist Work’ means a Recording together with any and all underlying Composition as embodied in any such Recording.
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‘Composition’ means the musical work embodied in any Recording which is written and/or composed by the Artist or otherwise owned or controlled by the Artist.
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‘Content’ means Artist Works and/or Artist Content (as applicable).
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‘Effective Date’ means the date you agree to the Artist Terms of Use herein.
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‘End User’ means any user of the Platform, who is not an Artist, who will be provided access to the Platform to view, listen, follow and share Artist Content.
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‘Owner’ means the owner and controller of an applicable Artist Work with authority to grant those rights specified herein.
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‘Platform’ means the Forté Music Global platforms existing from time to time, including the Website and any Apps.
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‘Recordings’ means those sound recordings owned and/or controlled by the Artist and uploaded by the Artist to the Platform from time to time.
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‘Registered User’ means any user who has an account registered with us on the Platform, whether as an Artist or End User.
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‘Term’ means the period as set out in clause 2 herein.
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‘Territory’ means the world.
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