Mash in Music Pty Ltd Terms and Conditions of Use

This Terms of Service (the "Agreement") between you and Mash in Music Pty Ltd trading as Mash Music Remote ("Mash") regarding your use of the Mash services and associated software ("Services"). All users (paid and free) must agree to this Agreement before using the Services. If you do not agree to this Agreement, please click the "Cancel"/"Back" button and do not use the Services.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

YOU MAY NOT ACCESS THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE A DIRECT COMPETITOR OF MASH. ADDITIONALLY, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.

1.     Requirements for Use

To access the Services, you will need your own mobile device (iOS or Android) and high-speed internet access.

2.     Registration

To register, you will need a user name, email address, password and / or Facebook account (the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Mash of any unauthorised use or breach of your account.

To subscribe, you will need to enter your credit card details. You are responsible for maintaining the confidentiality and security of your credit card Information and for any and all activity that occurs under your subscription account. You agree to notify Mash of any unauthorised use or breach of your subscription account.

3.     Data, Information and Privacy

You agree that Mash may collect, use, process, store and trade information about you or your use of the Services, including the transfer of such information outside of Australia (including the United States and/or European Economic Area as well as outside other countries deemed to have adequate data protection laws). You acknowledge that Mash acts only as a passive conduit of such information, and that Mash will not monitor or disclose personal information, except as needed to provide the Service or as otherwise required by law.

In addition, information that you submit to Mash in connection with the Services will be handled in accordance with our privacy statement located at: http://www.mashmusic.com.au/privacy-policy.

Mash may use and commercialise data collected by Mash, including usage and consumption data and technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services and to generate revenue. However, none of this information would include any personal information, including email addresses or other contact information, or anything that could be used to identify you individually, either online or in real life. Additionally, none of this information would include your credit card information.

4.     Your Responsibilities as a Mash User; License to Your Content

You are responsible for the content of all visual, written or audible communications, files, documents, videos, recordings, and any other material ("Content") used in connection with your account. Mash will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless Mash from any and all third party claims, liability, damages and/or costs (including, but not limited to, lawyers' fees) arising from your violation of this Section 4. 

You agree not to upload, post, email, store, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by Mash or its affiliates.

You agree not to upload, post, email, store, transmit, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links," or any other form of solicitation.

You agree not to upload, post, email, store, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual's publicity or privacy rights.

You agree not to upload, download, transmit, store, or otherwise make available any code or material that harms or interferes with any device, software, network or service.

You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).

You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.

Mash has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.

You automatically grant Mash and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, sublicensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in order for Mash to provide you the Services. If you object to any Content on a Services website, your sole remedy is to cease using that website.

You will not use the Mash Services in a manner that violates privacy, copyright, intellectual property laws and any other relevant laws within the jurisdiction you access the Mash Services.

You agree to be bound by the Youtube terms of service https://www.youtube.com/t/terms

You agree to be bound by the Dropbox terms of service https://www.dropbox.com/dmca - terms

You agree to be bound by the Soundcloud terms of service https://pages.soundcloud.com/geo/au_nz/legal/terms-of-use.html

5.     Software

You will be required to download and install Mash software ("Software"). In that event, Mash agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sub-licensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by Mash in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Mash are hereby reserved. You agree not to take any action to interfere with Mash or its supplier's ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customisation, translation, or localisation; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorised by Mash to access the Software; (vii) attempt to gain unauthorised access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and Mash or its affiliates including API Principals, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.

6.     Availability of the Service

The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. Mash may make modifications to its features or any services to comply with laws and regulations. Mash owns all the proprietary rights and interests in the Services and Services websites.

7.     Suspension or Termination of Your Account

You agree that Mash may suspend or terminate your access to the Services without notice if: (a) Mash determines that you have violated this Agreement or (b) Mash is required to do so by any court or government authority in any country.

Mash may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. Mash will issue a refund when appropriate.

You agree that Mash has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.

You agree to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 3, 4, 5, 7, 10 (as to amounts due and owing), 11, 13, 14 and 17.

8.     Changes to Services and Prices

Mash may discontinue the Service or change the Service or price (including adding and deleting features) without notice.

9.     Beta Services

Mash may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) Mash makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to Mash's questions and inquiries regarding your use of the Beta Services. You agree that Mash has not made any promises or guarantees that Beta Services will be announced or made available in the future and that Mash has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that Mash may use and incorporate into Mash products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to Mash without compensation. Mash may suspend or terminate access to Beta Services (and delete any Content or data provided to Mash with respect to such Beta Service(s)) at any time, without notice and without compensation.

10.  Payment

You agree that Mash may charge your credit card or bill you for all amounts due and owing for your use of the Services. Mash reserves the right to charge interest at the lower of 1.5% per month or the highest rate permitted by law on any monthly payment (not being reasonably disputed by you) that is not received when due. You agree to notify Mash in writing of any disputed fees within fifteen (15) days from the date that your account is charged. Mash may suspend the Services for non-payment of undisputed fees. Mash is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services.

11.  Copyright Policy Regarding Third Parties

If you believe that Mash or any of its affiliates or any user of Mash has violated a copyright, please contact us at: mash@mashinmusic.com. For details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.

12.  Use of Your Name and Logo

You agree that Mash may use the name, logo and other trademarks or service marks of your company to create a co-branded Services website as part of the delivery of the Services.

13.  No Warranties

To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that Mash and its suppliers, resellers, affiliates and API Principals will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services.

MASH AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY. MASH AND ITS SUPPLIERS, RESELLERS, AFFILIATES AND API PRINCIPALS DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

14.  Limitation of Liability

YOU AGREE THAT MASH, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF MASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MASH AND ITS SUPPLIERS, RESELLERS, AFFILIATES AND API PRINCIPALS TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO MASH FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

15.  Changes to this Agreement

Mash may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at:  www.mashmusic.com.au/terms-conditions

If Mash makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.

16.  Other Legal Terms

16.1    Sometimes when you use the Services, you may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Mash shall have no liability or obligation relating to those services or goods.

16.2    Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Mash's Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilise framing techniques to enclose any Mash Marks, or other proprietary information (including images, text, page layout, or form) of Mash without Mash's express written consent. You may not use any meta tags or any other "hidden text" utilising Mash Marks without Mash's express written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks. 

16.3    You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, (b) laws relating to communications, including, when required, advising all participants in a Mash narrowcast service, and (c) laws relating to the use of VoIP-based services. It is your responsibility to ensure that you have the right to use the Services where you are located, as well as where your Mash narrowcast service is located. You agree that the use of Mash may be subject to Australian, U.S. and European Economic Area and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

16.4    This Agreement, including the documents referred to in this Agreement, are the entire agreement regarding the Services and completely replace any prior agreements. Mash may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.

17.5    Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.

16.6    You agree that if Mash does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Mash's rights and that those rights or remedies will still be available to Mash.

16.7    If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.

16.8    This Agreement shall be governed by the laws of the State of New South Wales.