JB Hi-Fi Music
WEBSITE TERMS OF USE
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.