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Website Terms and Conditions of Service

About the Website

Welcome to Mandatory Music (Website). The Website is operated by Mandatory Music (we, us, or our). The Website is designed to educate independent artists on music distribution, organic digital marketing strategies, and paid promotional services offered by Mandatory Music (Services).

Access to and use of the Website, or any of its associated content or Services, is provided by Mandatory Music. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

Mandatory Music reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mandatory Music updates the Terms, it will use reasonable endeavours to provide you with notice of such updates. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mandatory Music in the user interface.

Nature of the Website and Services

The Website serves as an educational and informational platform for independent artists. The Website provides information about the following services offered by Mandatory Music:

  • music distribution to digital streaming platforms (DSPs);
  • education on organic digital marketing strategies for artists; and
  • paid promotional campaigns, including, where applicable, funded advertising where campaign data meets Mandatory Music's internal funding criteria.

The Website allows prospective artists to book a demonstration call with Mandatory Music (Demo). The booking of a Demo does not constitute entry into a binding services agreement. Following a Demo, Mandatory Music may, at its discretion, issue a formal licence agreement to the artist detailing the specific terms and conditions of the Services, including any applicable revenue share arrangements (Licence Agreement).

The specific terms governing the provision of Services, including Mandatory Music's entitlement to thirty percent (30%) of Net Receipts derived from streaming platforms on the master side, are set out in the Licence Agreement and not in these Terms. These Terms govern your use of the Website only.

Your Obligations as a Website User

As a user of the Website, you agree to comply with the following:

  • you will use the Website only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you will not use the Website for any illegal and/or unauthorised use, which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Mandatory Music;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice; and
  • you acknowledge and agree that any automated use of the Website or its content is prohibited.

Demo Bookings

Artists may request a Demo through the Website. By submitting a booking request, you agree to provide accurate and complete information.

Mandatory Music reserves the right to accept or decline any Demo booking request at its sole discretion.

A Demo booking does not guarantee the provision of Services or the execution of a Licence Agreement. All Services are subject to the terms of a separately executed Licence Agreement.

Refund Policy

As the Website is an informational and educational platform, no fees are charged for access to the Website or for booking a Demo. Any refund entitlements in connection with the Services will be governed exclusively by the Licence Agreement.

Any benefits set out in these Terms may apply in addition to consumer rights under the Australian Consumer Law.

Copyright and Intellectual Property

The Website and all of its related content are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements and interactive features) are owned or controlled by Mandatory Music or its contributors.

Mandatory Music grants to you a worldwide, non-exclusive, royalty-free, revocable licence to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device's cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

Mandatory Music does not grant you any other rights whatsoever in relation to the Website or its content. All other rights are expressly reserved by Mandatory Music.

You may not, without the prior written permission of Mandatory Music: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content of the Website for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Privacy

Mandatory Music takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Mandatory Music's Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Mandatory Music will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of the Website or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website is at your own risk. Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mandatory Music make any express or implied representation or warranty about the Website or its content. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, including any educational content relating to digital marketing or music distribution; and
  • costs incurred as a result of you using the Website or any of the content of Mandatory Music.

Limitation of Liability

Mandatory Music's total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the relevant Services to you.

You expressly understand and agree that Mandatory Music, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Competitors

If you are in the business of providing similar services to those offered by Mandatory Music, including music distribution, digital marketing education or funded promotional services, for the purpose of providing them to users for commercial gain, then you are a competitor of Mandatory Music. Competitors are not permitted to use or access any information or content on the Website. If you breach this provision, Mandatory Music will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Termination of Access

These Terms will continue to apply until terminated by either you or by Mandatory Music as set out below.

If you wish to cease use of the Website, you may do so at any time without notice. Any notice of termination of a Licence Agreement must be made in accordance with the terms of that Licence Agreement.

Mandatory Music may at any time terminate or suspend your access to the Website if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Mandatory Music is required to do so by law; or
  • continued provision of access to the Website is, in the opinion of Mandatory Music, no longer commercially viable.

Subject to local applicable laws, Mandatory Music reserves the right to discontinue or cancel your access to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mandatory Music's name or reputation or violates the rights of another party.

Indemnity

You agree to indemnify Mandatory Music, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  • within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • if for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Resolution Institute of Australia;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in New South Wales, Australia.

Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or these Terms, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Entire Agreement

These Terms, together with Mandatory Music's Privacy Policy and any executed Licence Agreement, constitute the entire agreement between you and Mandatory Music with respect to your use of the Website. These Terms supersede all prior representations, arrangements, understandings and agreements between you and Mandatory Music relating to the use of the Website.

Contact Us

If you have any questions, concerns or notices in connection with these Terms, please contact Mandatory Music via the 'Contact Us' link on our homepage. All formal notices under these Terms must be submitted in writing and will be deemed received upon confirmation of delivery.