Terms of Service

Terms of serviceThese Terms of Service are a legal agreement between You and QMusicco. They apply to QMusicco’s provision and Your use of QMusicco’s platforms, sites, applications or Services.Your access to the Services is permitted by QMusicco on the assumption that You have accepted these Terms, and in consideration for that acceptance. If You do not agree to the terms, You are not permitted to access the Services in any manner. If You do (whether you make use of them or not), You are deemed to have agreed to these Terms in their entirety. Your agreement with QMusicco includes any specific additional terms and policies that apply to any specific Services You use.1. DEFINITIONS“Automated Access” means use of a process, script, webcrawler, software or other methodology that:permits a user that is not a human user to access the Services as a user; ormonitors any activity in connection with the Services; andregardless of whether QMusicco is aware of the nature of such access.“Circumstance” means any fact, matter, circumstance or claim that occasions Losses.“Fees and Charges” means the fees specified in the Schedule of these Terms as amended from time to time in accordance with clause 7.3 herein.“QMusicco” means Digital Music Services Pty Ltd (ACN 663 717 708) trading as QMusicco.“Intellectual Property Rights” means intellectual property rights conferred on a party or recognised at Law in any territory throughout the world including any rights associated with copyright, trade marks, business names, patents, innovation concepts, semiconductor rights, formulae, trade secrets, methods, circuit layouts, inventions and any other results of intellectual activity in any field of industry or endeavour, whether or not registered or registerable and includes any right to register those rights, whether created before or after the date of this document.“Law” means, with reference to any applicable jurisdiction, any statute, regulation, bylaw or a provision of a statute, regulation, or bylaw and includes, without limitation, any statutory rule, or ruling by a statutory body.“Losses” means any losses, liabilities, damages, costs, charges or expenses (including lawyers' fees and expenses on a full indemnity basis), and fines and penalties, however arising.“Music Release” means any sound recordings, video recordings, pictures, literary works or other media introduced to the Service.“Services” means the online, web-based applications, platforms or websites for digital distribution of Music Releases and services ancillary to the digital distribution of Music Releases.“Terms” means this document.“You” or “Your” means any party who accesses the Services, regardless of the nature of that access or if that party is or is not identified to QMusicco.“Your User Account” means Your online account provided by QMusicco for your operation and enjoyment of Your own personalised experience of the Services that is accessed using Your personal preferences and containing personal information provided by You.
 2. HOW TO READ THESE TERMS
1. References – People and PartiesIn this document a reference to:one gender includes the others;the singular includes the plural and the plural includes the singular;a person includes a body corporate;a party includes the party’s executors, administrators, successors and permitted assigns.
 2. References – Statutes and currencyIn this document a reference to a Law includes:that Law as amended or re-enacted from time to time;a statute, regulation or provision enacted in replacement of that Law; andanother regulation or other statutory instrument made or issued under that Law; andmoney is to Australian dollars, unless otherwise stated.
 3. Interpretation – General
 In this document:“including” and similar expressions are not words of limitation;a reference to a clause or schedule is a reference to a clause of or a schedule to the Terms;a reference to an agreement or document (including, without limitation, a reference to the Terms) is to the agreement or document as amended, novated or replaced;where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;headings are for convenience only and do not form part of this document or affect its interpretation;a provision of the Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms; andall references to time are to the time in Brisbane.

 3. THE SERVICES
 1. Digital Distribution and Ancillary ServicesYou acknowledge that the Services consist of online, web-based applications, platforms or websites that allow users to digitally distribute Music Releases and access services ancillary to the digital distribution of Music Releases.2. UseYou accept the following terms in respect of Your use of the Services:After You have created a User Account with QMusicco, You may use the Services to upload and distribute Your Music Release.You may request Your Music Release to be deleted from any Service at any time whilst these terms are in effect. Your Music Release will remain in Your User Account for archival and reporting purposes.QMusicco has the right to make any changes to the Services at any time including any action to modify, amend, suspend or discontinue all of or any part of the Services within QMusicco’s discretion and without notice.You are solely responsible for Your Music Release.You acknowledge that Your User Account is not a data storage facility for materials or information that You wish to retain. QMusicco reserves the right to delete Music Releases stored using the Services at any time without notice, which may affect Your Music Releases. If You wish to keep Your Music Releases perpetually, You should take other measures to ensure storage of Your Music Releases.
 3. Intellectual PropertyQMusicco owns all rights in the Service including copyrighted works, trademarks, designs, inventions, and other intellectual property including the look and feel of the Services. You agree not to copy, distribute, modify, or make derivative works of any of the Services or use any of QMusicco’s intellectual property rights in any way not expressly permitted by us.
 4. YOUR USER ACCOUNT WITH QMUSICCO
 1. Your ResponsibilitiesYou must operate Your User Account in accordance with QMusicco's directions and in particular, You agree to the following:You have permission to use and operate Your User Account, but the extent of that use and operation is at QMusicco's sole discretion. QMusicco may maintain Your User Account differently to the accounts of other Users.Your User Account must only be operated by You on Your own behalf. You must not operate Your User Account on behalf of anyone else, including (without limitation) to an organisation that is not a natural person (Organisation). However, if QMusicco permits You to open a User Account on behalf of an Organisation, then:the word “You” in these Terms includes both You and the Organisation;You represent that You are authorised to represent the Organisation and that You have the authority to bind the Organisation to the Terms.You take full responsibility for everything done through Your User Account and in particular:You agree not to share the login credentials for Your User Account with any other person without QMusicco's consent, or permit any automated use of Your User Account ;You agree to use a password for Your User Account that is not easily guessable and likely to remain secure (incorporating upper and lower case letters, numbers and symbols);You agree to notify QMusicco straight away if You suspect another party has access to Your login credentials or if You suspect that another party is conducting activity through Your User Account.You must only give QMusicco accurate and complete information about You when You create Your User Account. If Your details are changed after creating Your User Account, You must update the relevant information.You agree that QMusicco may send You email or other electronic messages concerning Your User Account, QMusicco and its commercial partners from time to time. You will have the right to opt out of such electronic messages except those concerning Your User Account.
 5. MUSIC RELEASE
 1. Your Responsibility for Music ReleaseYou are responsible for any Music Releases You introduce to the Services. You should be careful about what Music Releases You choose to introduce. You acknowledge that introducing Music Releases on the Services does not constitute an act of registering that Music Release for copyright in any jurisdiction. You are also responsible for ensuring that the Music Release You introduce does not breach the Intellectual Property Rights of any third party. You2. Prohibited Music ReleaseQMusicco reserves its discretion to prohibit certain types of Music Releases (Prohibited Music Releases) that:promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;is violent or threatening or promotes self-harm;promotes harmful activities or substances in breach of any Law,infringes a third party’s Intellectual Property Rights, or violates a third party’s rights of publicity or privacy;breaches any Law or would result in civil liability;is fraudulent, false, misleading or deceptive.is racist, defamatory, pornographic, offensive or vulgar; oris otherwise deemed by QMusicco (in their absolute discretion) to be unsuitable.You agree that You will not introduce Prohibited Music Releases into the Services.3. Agency AppointmentYou appoint QMusicco as your perpetual, non-exclusive, agent to sell, distribute and otherwise exploit the release of any Music Release you introduce to the Services within the territory selected by you (provided that if you fail to select a territory, then you shall be deemed to have selected the entire world) and to collect all income so derived (the “Your Income”).You grant QMusicco a perpetual, non-exclusive, licence to use any Music Release that You introduce to the Services within the territory selected by you (provided that if you fail to select a territory, then you shall be deemed to have selected the entire world) for the purposes of or in connection with clause 5.3(a) herein.You authorise and consent to QMusicco engaging any sub-agent or other third party to:perform its any obligations under these Terms; orexercise any of its rights under these Terms.Subject to any applicable law, You authorise QMusicco to deduct from and set off against Your Income without notice or demand all amounts owing by You to QMusicco under these Terms or otherwise (including, without limitation, all Fees and Charges or amounts owing pursuant to clause 10 herein).You authorise the Distributor to pay from Your Income to third parties any fees, cost, charges or other expenses incurred for You or on Your behalf by the Distributor in connection with these Terms.You acknowledge and agree that QMusicco is not required to keep your money separate from its own money or any other monies and QMusicco holds Your income as a debtor.You acknowledge that Your Income will be pooled into an interest-bearing account with the income from other parties that use the Services until you withdraw such funds. You agree that you will not receive interest or other earnings on Your Income that QMusicco handles as your agent and places in such pooled account. In consideration for your use of the Services, you irrevocably transfer and assign to QMusicco any right that you may have in any interest that may accrue on Your Income held in such pooled account. In addition to or instead of earning interest on such pooled account, QMusicco may receive a reduction in fees or expenses charged for banking services by the banks that hold Your Income.You acknowledge that Your Income will be received by QMusicco from a range of digital service providers (eg, Apple, Spotify, Amazon, etc), in pooled amounts with the income from other parties that use the Services, at various times and in various currencies. You authorise QMusicco as your agent to give effect to currency conversions from time to time at rates determined by QMusicco in its absolute discretion when it credits your income. You agree that if there is a margin (the “Margin”) between the various currency conversion rates obtained in respect of the pooled funds and the final currency rate You receive (which shall be determined by QMusicco acting reasonably, having regard to the retail spot rate for the relevant currency conversion with its nominated bank), then QMusicco may retain the Margin. In part consideration for your use of the Services, you irrevocably transfer and assign to QMusicco any right that you may have in any Margin in connection with the conversion of pooled funds.
 6. PROHIBITED ACTIONS
 1. What’s not permitted?QMusicco may suspend, ban or delete Your User Account if:You lie or mislead QMusicco about Your details, Your Music Releases or any other Music Releases;You introduce a Music Release that is a Prohibited Music Release (including, without limitation, fraudulent and artificial streaming), or breaches the Intellectual Property Rights of a third party;You introduce a Music Release that is deemed by QMusicco (in their absolute discretion) to be unsuitable;You commence the process of attempting to open a new account after QMusicco has banned you from the Services or otherwise restricted or terminated Your User Account;You switch control of Your User Account to another person;You act in a manner that results in detriment to QMusicco, other Users, or if You act in a manner that QMusicco considers to be unacceptable in view of generally accepted online or offline etiquette or behavioural standards and policies;You are involved in any activity that constitutes scraping or replicating the Services or Music Releases from the Services for the benefit of other platforms, engines or applications not connected to or approved by QMusicco, unless the purpose of that activity is for the purposes of assisting search engines or platforms containing public web navigation indexes;You attempt to hack into or cause damage to any aspect of the Services, or You attempt to gain unauthorised access to information held by QMusicco;You attempt to sabotage the operation of the Services by overloading them with data;You attempt to compile, decompile, disassemble, replicate, licence or distribute any aspect of the Services in a manner not expressly approved by QMusicco; orYou don’t comply with something that QMusicco requires You to do.
 7. FEES AND PAYMENT
 1. Fees and ChargesYou must pay the Fees and Charges to QMusicco immediately as they become due and payable.2. Payment RequirementsYou must make payments under these Terms to QMusicco:without set?off, counterclaim, withholding or deduction; andby any method QMusicco reasonably requires (which may be by deduction from Your Income).QMusicco need not make demand for any amount payable by You.Expiry or termination of these Terms does not affect Your obligations to make payments under these Terms for periods before then.Time is essential for all obligations of Yours to pay money under these Terms.3. Changes to Services FeesQMusicco reserves the right to change the Fees and Charges whenever QMusicco considers it necessary to do so within QMusicco’s absolute discretion. Subject to any applicable law, by continuing to use the Service after change takes effect, You will have accepted the changed Fees and Charges. If you do not agree to the changed Fees and Charges, you can reject the change by deactivating your User Account and terminating these Terms in accordance with clause 8.2.
 8. TERMINATION
 1. Licensor’s Termination RightsQMusicco can terminate these Terms at any time for any reason. QMusicco may retain Your user information, Music Releases You have introduced, or other information personal to You for archival, backup and disaster recovery purposes. If the Terms are terminated by QMusicco, all of Your obligations in these Terms that are intended to continue remain binding on You. In the event of termination QMusicco will delete all Music Releases in Your User Account from previously delivered Services.2. Your Termination RightsYou can terminate these Terms at any time for any reason. If You do so, You must notify QMusicco and cease to use the Services in any way. If You resume use of the Services at any stage after You have notified QMusicco of Your termination, or request re-activation of your User Account, You indicate that You have re-accepted these Terms, and they will bind You and QMusicco accordingly.
 9 PRIVACYQMusicco is committed to ensuring that You can enjoy the Services while safeguarding Your private information. You must review QMusicco’s privacy policy located at the bottom of this page, to ensure You know how You can make the best use of the Services without compromising Your privacy.
 10. LIABILITY AND INDEMNITY
 1. LiabilitySubject to any Law applying to the Terms that expressly prevents application of this provision, notwithstanding any other provision of these Terms, the liability of QMusicco, if any, for anything arising out of or in connection with the supply of the Services (other than any liability incurred as a result of QMusicco’s obligation to meet a statutory guarantee or warranty imposed by a Law), where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, is limited at QMusicco’s option to:QMusicco’s costs incurred in actually supplying the Services; orthe monetary amount equivalent to QMusicco’s cost in supplying the Services to You again.
 2. IndemnityYou indemnify QMusicco and/or QMusicco’s employees, agents, sub-agents, contractors, customers, clients, and/or licensees in connection with all Losses that QMusicco incurs as a result of Your breach of these Terms.You indemnify QMusicco and/or QMusicco’s employees, agents, sub-agents, contractors, customers, clients, and/or licensees for all Loses that QMusicco incurs in connection with its appointment as Your agent pursuant to clause 5.3 of these Terms.
 3. Services not error-freeYou acknowledge that the Services are being improved on a consistent basis, and as such are not guaranteed to be error-free.QMusicco reserves the right to conduct maintenance of the Services which may require a period of downtime of the Services.You acknowledge and agree that whatever the cause of any downtime or access issues to the Services Your only recourse is to discontinue using the Services.QMusicco may release modifications and enhancements to the Services, and in some cases re-configure features.
 11. GENERAL
 1. Amendments to TermsQMusicco reserves the right to amend these Terms and its policies whenever QMusicco considers it necessary to do so within QMusicco’s absolute discretion. If You wish to modify these Terms, You must obtain QMusicco’s agreement to vary the Terms in writing, and any agreed variation must be documented in writing.2. Incorporation of PoliciesIn accepting these Terms, You also agreeto comply with all of QMusicco’s policies concerning the Services that are made available for all Users via the Services from time to time; andthat a breach of these policies by You constitutes a breach of these Terms.
 3. TaxesIf You have a paid subscription for any part of the Services, the price of the subscription does not include any taxes that QMusicco may charge in accordance with the tax laws of the relevant jurisdiction, and you agree to pay any such additional amount in addition to the price of the subscription. QMusicco will provide you with a tax invoice as required by applicable Law.4. AssignmentYou cannot assign Your rights or obligations under these Terms without QMusicco’s prior written consent. QMusicco can novate or assign its rights or obligations under these Terms without restriction.5. Automated AccessAll Automated Access is also subject to these Terms. No automated software may access the site until the person responsible for the Automated Access has accepted these Terms. As such, any attempt to obtain Automated Access will be bound by these Terms.6. SeverabilityIf anything in these Terms is unenforceable, illegal or void then it is severed and the rest of these Terms remain in force, unless the severance would change the underlying principal commercial purpose or effect of these Terms.7. Relationship of the PartiesYou and QMusicco are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship.8. Third-Party BeneficiariesYou acknowledge that there may be third-party beneficiaries to these Terms in circumstances where QMusicco is bound to enforce them in favour of its own licensors, Users or other parties contracting with QMusicco.9. Waiver and Cumulative RemediesNo failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right. Other than as expressly stated in the Terms, the remedies provided in the Terms are in addition to, and not exclusive of, any other remedies of a party under Laws.10. Governing Law and DisputesThe Terms are governed by the Laws of the State of Queensland and disputes must be resolved in the non-exclusive courts of that jurisdiction. You agree that You will not be involved in an action as a class member in a class action and that all disputes must be pursued in Your own name only. You and QMusicco each waive respective rights to seek or be involved in any class action under these Terms or concerning any aspect of the Services.11. Entire AgreementThe Terms and QMusicco’s policies concerning the Services, together with any of the other documents specifically referred to or incorporated in these Terms by specific reference constitute the entire agreement between the parties and supersede all prior understandings and agreements concerning its subject matter. If the Terms or QMusicco’s policies are amended by QMusicco, the newer version of those documents will then supersede the prior version.12. Effective DateThese Terms take effect from 1 March 2023. SCHEDULE - FEES AND CHARGES FEES AND CHARGESDUE DATE FOR PAYMENTAMOUNTUpload Fee (FREE) On the date(s) indicated on the “Checkout” page.The Amount specified on the “Checkout” page on the Service or as otherwise notified by QMusicco from time to time.CommissionImmediatelyAn amount equal to 15% of Your Income or as otherwise agreed by the parties from time to time.Prohibited Music Release FeeImmediately upon You introducing Prohibited Music Release.An amount equal to Your Income in connection with the Prohibited Music Release.Account Inactivity FeeIf you do not log into Your User Account for a period of two years, then the date that is two years from the date you last logged into Your User Account.An amount equal to Your Income currently held in connection with Your User Account up to a maximum of $99.00 SYNC – TERMS OF SERVICEQMusicco will distribute 60% of all SYNC revenue to the artist upon completion of the Sync contract unless otherwise agreed in writing between the artist and QMusicco.The artist authorise QMusicco 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.

QMusicco and its 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 QMusicco 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.QMusicco 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 QMusicco 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.QMusicco.com apply to all applicants for SYNC services. PRIVACY POLICY
Effective date: 1st June 2021Your privacy is important to us, and we want to communicate with you in a way that has your consent, and which is in line with international law on data protection including GDPR. We collect certain information through our website, located at www.QMusicco.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 QMusicco, 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
When you sign up to QMusicco you are confirming that you are consenting to QMusicco (Pty) Ltd holding and processing your personal data to keep you informed. You also consent to QMusicco (Pty) Ltd contacting you by email about services that you have previously expressed an interest in or other useful information (note you can unsubscribe from this at any time); To including your details in the list of people it would like to communicate with; You can grant consent to all the purposes; one of the purposes or none of the purposes. We use your Personally Identifiable Information to create your QMusicco artist account for the QMusicco 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 behavior. 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 QMusicco, 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. Where you do not grant consent, we will not be able to use your personal data; except in certain limited situations, such as where required to do so by law or to protect members of the public from serious harm. You can withdraw or change your consent at any time by emailing info@QMusicco.com. Please note that all processing of your personal data will cease once you have withdrawn consent, other than where this is required by law, but this will not affect any personal data that has already been processed prior to this point in time.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. 
SMS/MMS Marketing Consent By providing your mobile number, you consent to receive SMS/MMS messages from Q Music Co regarding order updates, promotional offers, and other relevant information. Message frequency may vary. Standard message and data rates may apply. You can opt out of receiving SMS/MMS messages by  replying "STOP" to a message.