Terms of service

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “I AGREE,” EACH ARTIST AGREES TO THESE TERMS OF SERVICE.

 

These terms of service constitute an agreement (this “agreement”) by and between Modern Classical X and the holder of the account (“artist”) upon creation and verification of the account.

1. Definitions

  • “Account” means the information provided by artist through Modern Classical X’s account creation webpage or similar webpage on the Modern Classical X website at  www.modernclassicalx.com the “Modern Classical X website”) on verification by Modern Classical X and artist.

  • “End user” means in respect of the release, any person who accesses the release in an on-line format for end use.

  • “Modern Classical X commission” means the percentage of net receipts deducted by Modern Classical X for use of the service as specified from time to time on the website.

  • “Insolvency event” means, in relation to a party a receiver, receiver and manager, trustee, administrator, other controller (as defined in the Corporations Law) or similar official is appointed over any of the assets or undertaking of the party.

  • “Intellectual Property Rights” means any and all intellectual and Industrial Property Rights throughout the world including rights in respect of or in connection with any confidential information, copyright, inventions (including patents), trade marks, service marks; and designs, circuit layouts, whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.

  • “Net receipts” means the balance of all money paid to and received by Modern Classical X from distribution of the release using the service after deduction of any commission or expenses, bank or similar transfer fees or currency conversion costs or charges, transaction taxes or other deductions and after any currency conversion by or on behalf of Modern Classical X in its absolute discretion.

  • “On-line format” means any service for carrying or transmitting data and/or communications by means of guided or unguided electromagnetic energy or both (such as, without limitation, the internet and proprietary data networks), either now in existence or invented in the future.

  • “On-line stores” means providers of digital music download and streaming services to an end User as selected by artist using the service.

  • “Privacy policy” means Modern Classical X’s privacy policy, posted at www.modernclassicalx.com as such policy may change from time to time.

  • “Release” means any sound recording(s) successfully uploaded to the service by the artist.

  • “Release artwork” means the artwork (if any) uploaded by artist to the service in respect of a relevant release.

  • “Service” means Modern Classical X’s digital music distribution service for distribution of the release using an on-line format. The service includes such features as are set out on the Modern Classical X’s website as Modern Classical X may change such features from time to time, in its sole discretion.

  • “Specified purpose” means for personal use by an end-user streamed or downloaded, including without limitation permanent or temporary download, interactive or non-interactive streaming through on-line stores.

  • “Termination event” means:

  • An insolvency event occurs in respect of artist;

  • Artist breaches clause 5(b);

  • A warranty in clause 8 made by artist is false, misleading or inaccurate; or

  • Modern Classical X determines to terminate this agreement in its absolute discretion.

  • “Underlying materials” means all materials embodied in the release, and includes but is not limited to, sound recordings, musicalm works and literary works (including software), and all materials embodied in the release artwork and includes but is not limited to artistic works, literary works cinematograph films and photographs.

 

2. Creation of account

  • Artist may create the account when artist validly completes Modern Classical X’s “Create Your Account” or similar webpage on the Modern Classical X website and Modern Classical X verifies creation of the Account.

  • Artist must maintain control of the account.  artist may not deal with the account in any way (including by allowing others to use the account or by transferring or selling the account or any of its content to another person).

  • In its absolute discretion, Modern Classical X may refuse to allow any person to create an account or may cancel or suspend any existing account.

  • Subject to the terms of this agreement, Modern Classical X will provide the service to artist pursuant to its standard policies and procedures then in effect.

 

3. Appointment

Artist appoints Modern Classical X as the artist’s non-exclusive agent to sell, distribute and otherwise exploit the release for the specified purpose using the service on the terms and conditions set out in this agreement and to collect all income so derived.

 

4. Licence

Artist grants to Modern Classical X for the purpose of using the service or reasonable promotion and marketing of the release an irrevocable non-exclusive world-wide license (including for Modern Classical X to grant sub-licenses to on-line stores which in turn may license an end user):

  1. To reproduce or communicate the release to the public or cause the release to be heard in public;

  2. To reproduce or publish all underlying materials, or perform in public or communicate to the public all underlying materials;

  3. To use a trade mark used by the artist in respect of the release; and

  4. To reproduce, advertise and publicise the names, photographs and likeness of any writers, producers, creators, performers, artists or other persons associated with the release.

 

5. Release and release artwork

  1. Artist will upload the release and release artwork using the service in a format suitable for use with the service.

  2. Artist will ensure that before uploading the release and release artwork, Artist has obtained all necessary licenses, permissions, approvals and consents for the exercise of all of the rights granted to Modern Classical X for the purposes of this agreement from:

    • Any person who has or may have any right, title or interest in the release or release artwork including, without limitation, all owners or licensees of any intellectual property rights or other rights in or to the underlying materials; and

    • All persons who are referred to in or whose image, voice or likeness appears in or who may otherwise be identified from the release or release artwork or about whom information is contained in the release or release artwork.

 

6. Fee, commission and payment

  1. Using the functionality provided by the service, artist will pay Modern Classical X the fee specified in the course of uploading the release using the Service.

  2. In consideration of the license and the rights granted to Modern Classical X under this agreement and using the functionality provided by the service, Modern Classical X will cause artist to be paid 100% of net receipts less the Modern Classical X commission provided the minimum balance exceeds AUD$10.00.

  3. Modern Classical X reservers the right to discontinue the posting of net receipts to the artist account if, in it's good faith and discretion, there is reason to suspect the artist has been subjected to/or involved in fraudulent, abnormal or infringing streaming activities. The artist agrees to forfeit such revenues if they are deemed to be the result of fraud and/or infringement.

 

7. GST

All amounts, which Modern Classical X is required to pay to artist under this agreement, are exclusive of GST. GST is payable to artists only if they are GST registered with an ABN. 

 

8. Warranties

(a) Each party warrants that:

It has authority to enter and to perform its obligations under this agreement;

  • It has the ability to perform its obligations under this agreement; and

  • It is authorised by all necessary government and other agencies and authorities to perform its obligations under this agreement and will continue to be authorised to perform this agreement.

 

(b) Artist represents and warrants to Modern Classical X that:

Artist owns all the intellectual property rights in and to the release, release artwork and underlying materials or has the right to upload the release and release artwork to the Modern Classical X website and grant the license contained in clause 4 to Modern Classical X;

  • Uploading the release and release artwork to the service and use of the release and release artwork in accordance with this agreement will not infringe the rights, including, without limitation, the intellectual property rights, of any person;

  • Before uploading the release and release artwork to the service, artist has obtained all necessary licenses, permissions, approvals and consents required for the purposes of this agreement including performers’ protection consents, moral rights waivers (if available under the copyright Act 1968 (Cth)) or moral rights consents in a form acceptable to Modern Classical X;

  • Artist has not entered into any license, agreement, arrangement or understanding with any person which conflicts with the rights granted to Modern Classical X under this agreement;

  • The release and release artwork contain nothing which is defamatory, obscene, false, misleading or deceptive and does not breach any statute; and

  • All of the information provided to Modern Classical X in relation to the subject matter of this agreement is true, correct and not misleading.

 

9. Scope of liability

 

(a) Artist will at all times indemnify and keep indemnified Modern Classical X and its sub-licensees and the officers, employees and agents of Modern Classical X and its sub-licensees (in this clause 9(a) referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of in connection with or in respect of:

  • Any breach of this agreement by artist;

  • Any of the warranties given by artist under clause 8(b) proving to have been false, misleading or inaccurate when made; and

  • Any infringement or alleged infringement of the rights, including the intellectual property rights, of any person occurring by the use of the release or release artwork in accordance with this agreement.

 

(b) Artist acknowledges and accepts that, to the extent permitted by law, Modern Classical X will be under no liability to artist whatsoever, whether in:

  • Contract or tort (including, without limitation, negligence);

  • Breach of statute; or

  • Any other legal or equitable obligation,

  • In respect of any loss or damage referred to in clause 9(b)(ii).

 

(c) The loss or damage referred to in clause 9(b)(i) is loss or damage (including loss of profit or savings), howsoever caused, which may be:

  • Suffered or incurred or which may arise directly or indirectly in respect of any infringement by any end user, on-line stores or other person of the intellectual property rights of artist or any other right of artist in or in relation to the release or release artwork; or

  • Which may be caused directly or indirectly by any act or omission of any End User, on-line stores or any other person who may access the release and whether or not Modern Classical X has knowledge or notice of, or has authorised or otherwise permitted such or infringement or other act omission.

 

(d) Modern Classical X will notify artist in writing as soon as practicable and in any event within 30 Business days of any possible claim identified, claim or demand made, or action, suit or proceeding threatened or brought, against Modern Classical X arising from any alleged breach of the warranties referred to in clause 8(b) or from the infringement or alleged infringement referred to in clause 9(a)(iii) and Modern Classical X may immediately terminate this agreement.

 

(e) Without prejudice to any other right or action or remedy which Modern Classical X may have, if artist fails to comply with this clause 9, Modern Classical X will have the right to suspend payment of any monies due to the artist under this agreement until such claim, demand, suit, action or proceeding has been resolved.

 

10. Term and termination

(a) This agreement will commence upon upon creation and verification of the account using the system and will continue until termination by either artist or Modern Classical X upon expiry of 30 days written notice to the other party or unless otherwise terminated in accordance with this agreement.

 

(b) Without prejudice to other rights that Modern Classical X may have to terminate this agreement:

  • If artist is in breach of this agreement, Modern Classical X may give artist a notice:

    • Specifying the breach; and

    • Requiring the artist to rectify the breach within 5 business days of the date the artist received the notice.

  • Modern Classical X may terminate the agreement if, after the expiry of the notice, artist has not rectified the breach specified in the notice.

  • In the event Modern Classical X, in it's good faith and discretion, has reason to suspect the artist has been subjected to and/or involved in fraudulent and infringing streaming activities. 

 

(c) This agreement may be terminated by Modern Classical X immediately if a termination event occurs.

 

(d) The termination of this agreement is without prejudice to any rights which have accrued to a party before the date of termination.

 

11. General exclusion and operation of laws

(a) Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or liability implied in this agreement or protected by law to the extent that such exclusion, restriction or modification would render this agreement or any provision of this agreement void, illegal or unenforceable. Subject to that, any condition, warranty, right or liability which would otherwise be implied in this agreement or protected by law is excluded.

 

(b) Artist acknowledges and agrees that:

  1. prior to entering into this agreement it has been given a reasonable opportunity to examine and satisfy itself regarding all goods and services which are the subject of this agreement and that prior to entering into this agreement it has availed itself of that opportunity; and

  2. at no time prior to entering into this agreement has it relied on the skill or judgment of the Modern Classical X and that it would be unreasonable for the artist to rely on any such skill or judgment.

 

(c) Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):

  1. This sub-clause applies in respect of any of the goods or services supplied under this agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if artist establishes that reliance on it would not be fair and reasonable;

  2. Liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of that law, is limited:

    • In the case of goods, to any one of the following as determined by Modern Classical X:

      • The replacement of the goods or the supply of equivalent goods; or

      • The repair of the goods; or

      • The payment of the cost of replacing the goods or of acquiring equivalent goods; or

      • The payment of the cost of having the goods repaired;

    • in the case of services, to any one of the following as determined by Modern Classical X:

      • the supplying of the services again; or

      • the payment of the cost of having the services supplied again.

 

12. General terms

  1. Artist may only use the service if artist has the power to form a binding contract with Modern Classical X, either in artist’s individual capacity or as an authorised representative of the artist organisation.  

  2. Artist affirms that artist is 18 years or over or otherwise possesses legal parental or guardian consent.

  3. If artist is considered a minor, because artist is child under the age of 18, and artist does not have the power to form a contract with Modern Classical X, artist affirms that the artist has the consent of artist’s parents or guardian to use the service.

  4. Modern Classical X may prohibit any user from using the service in its sole discretion at any time for any reason, and is not liable for any damage or loss resulting from such prohibition.

  5. Modern Classical X reserves the right to modify, or suspend the service for any reason, with or without notice.

  6. Artist understands that Modern Classical X uses third party vendors, service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

  7. Artist is responsible for using the service in a private and secure manner. Modern Classical X is not liable for any damage or loss due to unauthorised account access resulting from artist’s actions.

  8. Artist may not use the service for any illegal activity or to violate laws in artist’s jurisdiction.

  9. Any failure of Modern Classical X to enforce or exercise a right provided in these terms is not a waiver of that right.

  10. Should any provision of these terms of service be found invalid or unenforceable, the remaining terms shall still apply.

  11. These terms of service together with the privacy policy constitutes the entire agreements between artist and Modern Classical X and supersedes any and all previous agreements, written or oral, between artist and Modern Classical X, including previous versions of the terms of service.

  12. Modern Classical X may send notices pursuant to this Agreement to Artist’s contact points listed in the Account, and such notices sent by email will be deemed received at the time of receipt of the email, namely when that email enters the receiving party’s information system (if received on a business day, or otherwise at the commencement of the first business day following that receipt) after they are sent. Artist may send notices pursuant to this Agreement to Modern Classical X at info@Modern Classical X.com and such notices sent by email will be deemed received at the time of receipt of the email, namely when that email enters the receiving party’s information system (if received on a business day, or otherwise at the commencement of the first business day following that receipt) after they are sent.

  13. Modern Classical X may amend this Agreement from time to time by posting an amended version at its website and sending Artist written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Artist first gives Modern Classical X written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of next month of the term of this Agreement (unless Artist first terminates this Agreement). Artist’s continued use of the Service following the effective date of an amendment will confirm Artist’s consent thereto. This Agreement may not be amended in any other way except through a written agreement executed by authorised representatives of each party. Notwithstanding the foregoing, Modern Classical X may amend the Privacy Policy at any time by posting a new version at its website and sending Artist notice thereof, and such amended version will become effective 1 business days after such notice is sent.

  14. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.

  15. This Agreement will be governed by and construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the Courts of Queensland.

  16. Any dispute arising in connection with this Agreement which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators & Mediators Australia. During such arbitration, both parties may be legally represented. Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate court.

 

SYNC – TERMS OF SERVICE

The artist authorise Modern Classical X to share recordings and metadata with 3rd party sync partners in order pitch for commercial opportunities.

The artist hereby warrants that, with the exception of those prior rights vested in music collection societies (e.g. APRA, ASCAP) it has all rights necessary to enter into this agreement, including, without limitation, ownership and/or controlling rights in the composition(s)/sound recording(s) and clearances for any third party material incorporated in the composition(s)/sound recording(s), and that the use thereof will not infringe upon the rights of any third parties.

Modern Classical X and it 's nominated 3rd party sync partners may distribute the composition(s)/sound recording(s) on any medium now known or hereafter devised to media.

Artist appoints Modern Classical X as the artist’s non-exclusive agent to sell, distribute and otherwise exploit the release for the specified purpose using the service on the terms and conditions set out in this agreement and to collect all income so derived.

Modern Classical X has no responsibility for performance and/or other royalties collected by music collection societies (e.g. APRA, ASCAP) in respect of placements of the composition(s)/sound recording(s).

The artist hereby indemnifies Modern Classical X against any and all liabilities, claims, damages, penalties and expenses, including, without limitation, reasonable legal fees and court costs associated with any claim, demand or action, arising out of any breach of this agreement (including the warranties made by the artist hereunder). The indemnity contained in this agreement is a continuing obligation and will survive the termination of this agreement.

The terms of service and privacy policy for www.modernclassicalx.com apply to all applicants for SYNC services

 

PRIVACY POLICY

 

Effective date: 1st May 2018

We collect certain information through our website, located at www.modernclassicalx.com our “Website”), including through the products and services provided at the website. This page (this “privacy policy”) lays out our policies and procedures surrounding the collection and handling of any such information that identifies an individual user or that could be used to contact or locate him or her (“Personally Identifiable Information” or “PII”).

This privacy policy applies only to our website and to the products and services provided through our website. It does not apply to any third party site or service linked to our website or recommended or referred by our website, through our products or services, or by our staff. And it does not apply to any other website, product, or service operated by Modern Classical X, or to any of our offline activities.

PII we collect

We collect the following Personally Identifiable Information from users who buy our products or services: name, e-mail address, telephone number, address, bank account details and/or transferWise account number.

We also use “cookies” to collect certain information from all users, including web visitors who don’t buy anything through our website. A cookie is a string of data our system sends to your computer and then uses to identify your computer when you return to our website. Cookies give us usage data, like how often you visit, where you go at the site, and what you do.

Our use of PII

We use your Personally Identifiable Information to create your Modern Classical X artist account for the Modern Classical X digital music distribution service (“Service”), to operate the service, to communicate with you about products and services you’ve purchased, to offer you additional products and services, and to bill and account to you. We also use that information to the extent necessary to enforce our website terms of service and to prevent imminent harm to persons or property.

We use cookies so that our website can remember you and provide you with the information you’re most likely to need. For instance, when you return to our website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Cookies also allow our website to remind you of your past purchases and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include PII.

Protection of PII

We employ data security tools to protect Personally Identifiable Information. Unfortunately, even with these measures, we cannot guarantee the security of PII. By using our website or the service, you acknowledge and agree that we make no such guarantee, and that you use our website and the service at your own risk.

Contractor and other third party access to PII

We give certain independent contractors access to Personally Identifiable Information. Those contractors assist us with providing artist services. All those contractors are required to sign contracts in which they promise to protect PII using procedures reasonably similar to ours. (Users are not third party beneficiaries of those contracts.) We also may disclose PII to lawyers, collection agencies, or law enforcement authorities to address potential authorised use policy violations, other contract violations, or illegal behaviour. And we disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property.

 

Finally, we may share PII in connection with a corporate transaction, like a merger or sale of Modern Classical X, or a sale of all or substantially all of our assets or of the product or service line you received from us, or a bankruptcy.

 

As noted above, we compile website usage statistics from data collected through cookies. We may publish those statistics or share them with third parties, but they don’t include PII.

Except as set forth in this privacy policy, we do not share PII with third parties.

 

Accessing and correcting your PII

You can access and change any Personally Identifiable Information we store through the service “account” page.

 

Amendment of the privacy policy

We may change the privacy policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new effective date.

Contact Us
Business enquiries only. Any MCX Distribution issues please use our Helpdesk in your account.
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