TERMS OF SERVICE
- The Platform
Dedicate VIP is a digital platform accessible at URL dedicate.vip providing a marketplace service to participating musical artists (“The Artist(s)”) and to users of the service (“you”, “your”) enabling you to obtain personalised audio-video recordings made by the Artist of an original song of the Artist made by the Artist (“a Dedication”) in exchange for a fee determined by agreement pursuant to these Terms and Conditions (“Platform”). A Dedication may be made for you personally or you may request that it be made for a third party (“Dedication Recipient”).
The Platform and its related services are owned and operated by Ravens Nest Consulting Pty Ltd t/a Dedicate VIP (“Dedicate VIP”, “we”, “our”). The person or entity requesting the Dedication, either for your own use or for the use of a Dedication Recipient is a party to this Agreement.
- Acceptance of these Terms of Service
You may only access and use the Platform if you agree with and comply with these terms of service (together the “Terms and Conditions”), including the privacy policies published on the Platform.
Please read these Terms and Conditions carefully before using the Platform.
- Technical Requirements
You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Platform.
- Use of the Platform
When using the Platform, you are permitted to view and print material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Platform (“Platform Content”), or make any commercial use of the Platform or the Platform Content, without our prior written permission, or as otherwise explicitly provided by the Platform.
You must not engage in any activity through use of this Platform to:
(a) advertise, transmit or solicit any commercial messages;
(b) engage in any illegal, unethical or immoral conduct;
(c) mine or collect information or data from this Platform;
(d) manipulate, damage, interfere with or impair the functionality any of this Platform;
(e) breach any applicable law or any third party’s rights (including, without limitation, intellectual property rights);
(f) disrupt, overburden or assist in such disruption or overburdening of any computer server or network;
(g) harass, abuse, harm, threaten any person or group of persons or incites or is likely to incite any such activity; and/or mislead or deceive any person.
- User Content and Artist Content
In the process of using the Platform, we may provide facilities which allow you to upload or transmit content, including any text, photographs, user videos, sound recordings and the musical works embodied in them (whether those pieces of content were created by you, or supplied to you by a third party) (“User Content”), and you may also receive content from us which contains a audio visual recording of a performance, appearance or other activity undertaken by one of the Artists (“Artist Content”).
Whenever you access or use a feature that allows you to upload or transmit User Content through the Platform (including via third party social media platforms), you warrant that any such contribution does comply with our Use of Platform standards, and you will be liable to us and indemnify us for any breach of that warranty.
You must not post any User Content on or through the Platform or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Platform, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Platform, to transmit it from the Platform to other third party platforms, and/or adopt any third party content.
You grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
Whenever you or the Dedication Recipient are provided with Artist Content (for example a recorded performance by an Artist you have requested), you and/or the Dedication Recipient are receiving a license of that Artist Content for personal and domestic use only. Without limitation the grant of this license provides you and/or the Dedication Recipient of the User Content the limited right to privately enjoy the content but you or the Dedication Recipient are not permitted to download or to publicly disseminate, communicate, upload, transmit, exhibit, broadcast, stream, edit or otherwise exploit the content. The Artist Content is for personal use and enjoyment only and any other exploitation by you or by the Dedication Recipient will be a breach of the license granted by the Artist and by Dedicate VIP and will be considered an infringe of copyright law. The Artist owns and retains the copyright in the Artist Content, subject to the license provided to you and/or the Dedication Recipient hereunder.
We are responsible for obtaining all applicable publishing, neighbouring rights and collecting society clearances (e.g. from APRA/AMCOS, etc) in connection with the Artist Content.
- Log-in Details
You must provide accurate and complete information when logging-in to the Platform, update all of your details regularly, keep your login and password details confidential and immediately notify us if you become aware of any unauthorised access to or use of the Platform in breach of these Terms and Conditions.