Website Terms of Use

JB Hi-Fi Music

WEBSITE TERMS OF USE

  1. JB Hi-Fi Music website and Service

The JB Hi-Fi Music service permits you to access the JB Hi-Fi Music website for the purposes of previewing music and videos, purchasing and downloading music, videos and other promotional materials, and purchasing a range of items displayed on the website.  You agree that you will use the JB Hi-Fi Music website and service solely for these purposes, and that you will comply with all the terms and conditions set out in these Terms of Use, the Terms of Sale for products purchased from the Websites, and the Terms and Conditions of Use for music vouchers (all of which can be readily viewed by clicking on the link). The PlaysForSure logo, Windows Media and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.

  1. Usage Rules

When you purchase a music or video file from a JB Hi-Fi Music website, you can only use it lawfully, for your own personal use, in accordance with the terms of the license granted to you by or on behalf of the owner or owners of the copyright in the music, video or other content and in accordance with the Usage Rules set out below.  You may not transfer or assign it to anyone else, whether for commercial consideration or otherwise.

You may only purchase a music or video file if you are a resident of Australia or New Zealand.

Content on the site is designated as WMA format or MP3 format.  Content in WMA format is protected by DRM.  Unless otherwise permitted by applicable DRM Rules (see clause 6(a) below), when you have downloaded a music or video file, you may:

  • transfer it to up to any 3 mobile devices which you designate; and
  • in the case of a music file, copy, export or burn it to a CD up to 3 times.

Content in MP3 format must not be transferred to any other person, but apart from this restriction, you may use it on any number of devices and burn it to CD as many times as you require for your personal use.  Content in MP3 format contains a digital watermark to ensure that the Content remains within the authorised distribution path for that Content (see clause 6(b) below).

By using this service, you agree that, with respect to any music or video file or associated promotional files downloaded by you, you will not:

  • Modify, translate, distribute or create derivative works from those files and/or their content;
  • Remove any proprietary notices or labels on those files and/or their content; or
  • Add to, alter, delete from or otherwise modify those files and/or their content.
  1. System Requirements

Use of the Service requires compatible hardware, software and Internet access, preferably through a high speed/broadband connection.  You are solely responsible for the compliance of your hardware, software and Internet access with the minimum system requirements from time to time specified by us, and for maintaining current upgrades. 

  1. Loss of Files through Corruption, System Crashes

You are solely responsible for all files once they have been downloaded to your system, including protecting them against corruption, viruses, attacks and other security intrusions, and for backing up those files to protect them against system crashes or the destruction, loss or theft of your system.  We are not liable to replace any file which is damaged or lost for any reason once you have downloaded it to your system.  Your music and video collection is very valuable.  It will be expensive for you to replicate it if you lose it through corruption or system crashes.  You should take all necessary precautions to protect it.

  1. Security and Access

As part of the purchase process, you have provided certain personal information to enable us to confirm your identity and your payment method.  You agree that the information you provide is true, accurate and complete, and that you will maintain and update this information as required to keep it true, accurate and complete. You will be solely responsible for maintaining the secrecy and confidentiality of your User ID and password, and you must notify JB Hi-Fi Music immediately of any breach of security, such as loss, theft or unauthorized disclosure or use of your User ID and password. Until you notify us of the loss and/or theft of your User ID and password, you will remain liable for use and abuse of the JB Hi-Fi Music website through the use of your User ID and password.

JB Hi-Fi Music has the sole and unfettered discretion to revoke or disable your rights of access to the JB Hi-Fi Music website at any time and for any reason whatsoever.

  1. Protection of Content Downloaded from the JB Hi-Fi Music Website

Please note that Content downloaded from the JB Hi-Fi Music website may be protected in a number of ways:
 
(a)        Digital Rights Management

The JB Hi-Fi Music service incorporates a digital rights management system (“DRM”) designed to manage and enforce intellectual property rights, particularly copyright, in the content (“Content”) of the music, video and associated digital files (such as artwork, photographs and text), and in any underlying musical composition and/or script.  Owners of the Content use DRM to enforce permitted Usage Rules, to protect the integrity of their Content and to ensure that their intellectual property, including copyright, is not misappropriated. DRM is an integral part of each digital file embodying the Content, with Usage Rules being attached as metadata to each digital file which are published when you open that file. You may not take any action to modify or circumvent the security or Usage Rules provided or enforced by the DRM.  To do so breaches the Copyright Act 1968 of the Commonwealth of Australia and attracts criminal sanctions, including substantial fines and prison sentences of up to five years. 

(b)        Watermarking

Some of the Content available for download from the JB Hi-Fi Music website is protected by a digital watermark.  Use of this technology enables content owners or service providers to authenticate, validate and communicate information relating to the Content downloaded, and by doing so to protect the copyright in the content in the file from infringement.  A digital watermark can track where content leaves an authorized distribution path by identifying the authorized recipient of the content, enabling the content owner or service provider to take appropriate action to prevent future infringement. You may not take any action to modify or circumvent the security provided or enforced by the digital watermark.  To do so breaches the Copyright Act 1968 of the Commonwealth of Australia and attracts criminal sanctions, including substantial fines and prison sentences of up to five years

  1. Monitoring Usage Rules and Authorised Distribution Path

DRM and digital watermarks enable us to control and monitor usage of Content to ensure compliance with the Usage Rules and the authorised distribution path.  As music and videos are only available for purchase by and download to residents of Australia and New Zealand, we also monitor territorial restrictions on usage through various tools.  We may enforce Usage Rules with or without notice to you. 

  1. Monitoring Usage

In order to comply with, and subject to, any applicable laws, including without limitation the Telecommunications Act 1997 and the Telecommunications (Interception) Act 1979, we may at any time:

      • When required by a warrant issued by an authorised agency or court, intercept or monitor Services, or enable another person authorised by a warrant issued by an authorised agency or court, to intercept or monitor Services, including data hosted on or being transmitted through Services;
      • Monitor and/or examine use of Services, including email, records and other data in the course of installation, connection or routine maintenance of the Services, but only to the extent permitted by legislation;
      • Suspend Services; and/or
      • Release information obtained by any of these actions to any authorized governmental or other agency or to any person who has obtained an appropriate court order.
  1. Accuracy of Content

JB Hi-Fi Music Websites include Content and associated files and links provided by third parties, including Recording Companies.  Information and links associated with Content can include lyrics, artist biographical information and interviews, release schedules, concert dates and similar material.  Given the huge volume of material on JB Hi-Fi Music Websites, we cannot and do not guarantee, warrant or endorse the accuracy, reliability, legality, decency or copyright compliance of any of this material which is, or of any material on any third party websites whose links are, placed on JB Hi-Fi Music Websites by Third Parties.

  1. Your Information

We store and use the information provided by you during the registration process (including methods of payment) for use in:

    • Maintaining your accounts and billing purchases in accordance with the payment methods selected by you; and
    • Providing you with information by email as to new releases and similar promotional materials if you have elected to receive this material.

Details of competition entrants will be added to the JBHIFImusic.com.au database.
Details of all entrants to the ‘MAG Hottest 50 2006 Competition’ will be added to the respective databases of Sandisk & JBHIFImusic.com.au.

  1. Privacy

The information we have collected from you during the registration process, including information about your payment method, is subject to the JB Hi-Fi Music Privacy Policy (please click on the link to view this Policy).

  1. Warranties and Limitation of Liability

We provide the JB Hi-Fi Music website and service on an “as is” basis, and except as set out in these Conditions of Use, all implied conditions and warranties are excluded from this Agreement.  Where the Trade Practices Act 1974 or other laws imply conditions or warranties or give other rights in respect of this Agreement, the maximum liability for any breach of such a condition, warranty or right will (but only to the extent permitted by law) be limited:

  •  in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and
  •  in the case of services supplied, to the supplying of the services again or the payment of the reasonable cost of having the services supplied again.

In no event shall we be liable for any direct, indirect, incidental, punitive, consequential damages of any kind whatsoever with respect to the JB Hi-Fi Music website or service.

  1. Indemnity

By using this Service, you agree to indemnify and hold us harmless, and to keep us indemnified and held harmless, with respect to any claims arising out of your breach of these Terms Of Use, your use of the Service, any improper use or abuse of your User ID and password, any investigation by us of a suspected violation of these Terms of Use or any decision by us to terminate or limit your access to the Service.  This indemnity is a continuing obligation, separate and independent of your other obligations under the Terms of Use, and survives the termination of this Agreement.

  1. Changes and Change Notifications

From time to time Recording Companies may in their sole discretion issue Change Notifications or Advisories requiring us to withdraw specified files from catalogues, add additional conditions to terms of licences, change Usage Rules applicable to nominated files or change the price of nominated files. We reserve the right, at any time and from time to time, to update, revise, supplement and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Service to accommodate such Changes or Change Notifications, as well as any other modifications to these Terms of Use (all of which are referred to as “Amendments”) as we believe desirable.  Such Amendments will be effective immediately, and your continued use of the Service will be deemed to constitute your acceptance of any and all such Amendments.

  1. Termination

We may terminate this Agreement if you breach it or if we suspect that you have breached it.  In the event of such termination, you are liable to pay the purchase price of all music, video and other items purchased pursuant to this Agreement together with all fees outstanding as at the date of termination, and we shall be entitled to terminate your access to the Service.

  1. Notices

Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by facsimile or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting, within 24 hours if sent by facsimile to the correct facsimile number (with correct answerback), or within 24 hours if sent by electronic mail to the correct electronic mail address of the addressee (subject to email not being returned as undelivered or recipient away).

  1. General Provisions
  • These Terms of Use governed by the laws of the State of New South Wales, and each of the parties agrees to submit to the jurisdiction of the Supreme Court of New South Wales.
  • If any provision or portion of these Terms of Use held to be unenforceable, they shall be enforced to the maximum extent permissible consistent with the terms hereof, and the remainder of this Agreement shall continue in full force and effect.
  • No failure or delay in enforcing any provisions of these Terms of Use shall be construed as a waiver.
  • We may amend these Terms of Use at any time by publishing amended terms on the Websites, and if you use the Websites or purchase products through them after such amendments you will be deemed to have accepted them.

 

Copyright destra media Pty Ltd. | Help | Contact Us | Terms & Conditions | Privacy Policy
The recordings you are purchasing and the copyrights herein are the valuable intellectual property of their respective labels and are solely for your own personal use.
Any copying, redistribution or other use of the recordings is expressly prohibited.


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