MEMOTV Terms & Conditions

MEMOTV TERMS OF USE AND END USER LICENSE AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MEMOTV (“MEMOTV”), AND NOT WITH ANY OTHER THIRD-PARTY (E.G. THE APPLICATION STORE OR THE PLATFORM DISTRIBUTOR) OR ANY OF THEIR AFFILIATES, STATING THE COMPLETE TERMS THAT GOVERN YOUR USE OF THE WEBSITE, MOBILE APPLICATION OR TV APPLICATION NAMED “MEMOTV” (THE “MEMOTV PLATFORM”) AND OF THE MEMOTV SUBSCRIPTION, ON-DEMAND AND LIVE STREAM SERVICES MADE AVAILABLE THROUGH SUCH MEMOTV PLATFORM (THE “MEMOTV SERVICE”).

IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT USE THE MEMOTV PLATFORM AND THE MEMOTV SERVICE.

BY USING THE MEMOTV PLATFORM AND THE MEMOTV SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY EACH AND EVERY TERM OF THESE TERMS OF USE AND THIS END USER LICENSE AGREEMENT (COLLECTIVELY, THE “AGREEMENT”).

MEMOTV MAY REFUSE ACCESS TO THE MEMOTV PLATFORM AND TO THE MEMOTV SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT VERY CAREFULLY.

STRICTLY NO REFUNDS OR CREDITS (except as per cancellation condition below). MEMOTV does not re-sell unwanted tickets.

CANCELLATION POLICY

If the LIVE STREAMED event is cancelled due to unforeseen circumstances, a full refund (excluding booking fees) may be issued to the ticket holder UPON REQUEST by contacting livestream@memomusichall.com.au

By participating in this live stream or streamed on-demand event, I agree to be bound by the following terms and conditions:

  1. I agree to provide complete and accurate information about myself when signing up for an account with MEMOTV.
  2. I agree to maintain the confidentiality and security of my Account Data, including but not limited to my password and identification information. I am solely responsible for restricting access to my account and to my Devices. I also understand that by granting access to the MEMOTV Service on a Device any person accessing such Device will have access to my Account Data. I am entirely responsible for all activities that take place using my account and my Devices, and I agree to immediately notify MEMOTV of any unauthorized use of my account or any other breach of security.
  3. Provided that you are eligible for use of the MEMOTV Service and that you have validly created an account with MEMOTV or any applicable third party, MEMOTV grants you also a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the MEMOTV Service and of the content available through the MEMOTV Service on any Device via streaming and/or limited/tethered download, as applicable, in accordance with the terms and conditions of this Agreement, including the Rules of Conduct set forth below, and as permitted by the usage rules set forth in the Store Terms and Conditions, as applicable.
  4. You acknowledge and agree that the content available through the MEMOTV Service is licensed, not sold, to you, and you acknowledge that the streaming (and/or limited/tethered downloading) of video recordings or audio visual content shall not constitute a grant or waiver of any rights of the copyright owners in such video recordings or audio visual content, including the underlying musical compositions embodied therein. You may not modify, copy or reproduce any and all portions of the MEMOTV Platform or of the MEMOTV Service in any form or by any means, and you may not modify, rent, lease, loan, sell, distribute, exploit, or create derivative works based on the MEMOTV Platform or the MEMOTV Service, in any manner. Any use of the MEMOTV Platform, the MEMOTV Service or the content available through the MEMOTV Service other than as specifically authorized herein is strictly prohibited and shall automatically terminate the license granted herein.

The terms of this Agreement will govern any upgrades provided by MEMOTV that replace and/or supplement the original MEMOTV Platform and/or MEMOTV Service, unless such upgrade is accompanied by a separate license agreement in which case the terms of that license agreement will govern.

Rules of Conduct

You acknowledge and agree to use the MEMOTV Platform and the MEMOTV Service, including the content available through the MEMOTV Service, in compliance with the following Rules of Conduct:

(a) You agree to use the MEMOTV Platform, the MEMOTV Service and the content available through the MEMOTV Service, for personal, non-commercial use only;

(b) You agree not to use the MEMOTV Platform, the MEMOTV Service and the content available through the MEMOTV Service in any manner that could damage, disable, overburden or impair the MEMOTV Service or the content available through the MEMOTV Service;

(c) You agree not to use or assist another person to use any data mining, robots, scraping or similar data gathering or extraction methods;

(d) You agree not to sign up for an account on behalf of someone else or of any group or entity;

(e) You agree not to modify, copy or reproduce any and all portions of the MEMOTV Platform, the MEMOTV Service and/or the content available through the MEMOTV Service, and not to use, sell, rent, transfer, license or otherwise provide anybody with the MEMOTV Platform, the MEMOTV Service and/or the content available through the MEMOTV Service, except as provided herein;

(f) In the event that MEMOTV changes any part of the MEMOTV Platform or the MEMOTV Service or discontinues the MEMOTV Platform or the MEMOTV Service, which MEMOTV may do at its own discretion, you acknowledge that you may no longer be able to use the MEMOTV Platform and the MEMOTV Service or to use them to the same extent as prior to such change or discontinuation, and that MEMOTV shall have no liability to you in such case;

(g) You agree that the MEMOTV Platform, the MEMOTV Service and/or the content available through the MEMOTV Service, including but not limited to, video recordings, audio visual works and artwork, include a security framework using technology that protects digital information and/or limits your usage of the MEMOTV Platform and the MEMOTV Service. You agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever;

(h) When applicable, you agree to comply with the Store Terms and Conditions and/or the terms and conditions of the third-party platform through which the MEMOTV Platform and the MEMOTV Service are made available to you; and

(i) You agree to comply with all applicable federal, provincial, state and local laws and regulations when using the MEMOTV Platform, the MEMOTV Service and the content available through the MEMOTV Service.

MEMOTV reserves the right to modify the Rules of Conduct at any time without notice. Rules of Conduct may be controlled and monitored by MEMOTV for compliance purposes, and MEMOTV reserves the right to enforce the Rules of Conduct with or without notice to you.

I understand that any copying including recording of the event is unauthorized and constitutes a violation of Australian & International Copyright Law.

I understand that failure to abide by these terms and conditions may result in the loss of access to my subscription account and future live streamed or streamed on-demand events broadcast by MEMOTV.

If others will be participating in the viewing of the event with me as a group, I will ensure that they have read and agreed to the conditions of this agreement.

I agree and understand that my MEMOTV user link/subscription account and password are solely for my use and are not to be shared with anyone.

I understand that MEMOTV is not responsible for any technical difficulties or problems that may be incurred in the receipt of the live streamed or streamed on-demand broadcast.

If a viewer is encountering issues with accessing the live stream event, streamed on-demand event, subscription account or any other technical problems, they need to email livestream@memomusichall.com.au

I understand that I am to ensure that my web browser is up-to-date, and that I am to have a strong internet connection in order to experience a high-quality live streamed or streamed on-demand event.

I understand and agree that live streaming and streaming on-demand is provided without warranties of any kind and that, to the fullest extent permissible under applicable law MEMOTV disclaims any and all such warranties, expressed or implied.

You understand that by using the MEMOTV Service, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the MEMOTV Platform and the MEMOTV Service is at your sole risk and MEMOTV shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.

By purchasing this LIVE STREAMED EVENT or SUBSCRIPTION SERVICE you have opted in to our mailing list, where you can unsubscribe at any time by contacting us at livestream@memomusichall.com.au

You agree to pay MEMOTV the Subscription fees applicable to the Subscription Period you select for the MEMOTV Service, plus any applicable taxes.

Upon purchase of a recurring Subscription with MEMOTV, the applicable Subscription fees and taxes will be charged to your nominated payment account on a recurrent basis, unless and until you cancel your Subscription by contacting MEMOTV via email at livestream@memomusichall.com.au

You acknowledge that, as between MEMOTV and you, the MEMOTV Platform, the MEMOTV Service and all content available on or through such MEMOTV Platform and MEMOTV Service, including, but not limited to, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, videos, recordings, footage, information, editorial content, data compilations, files selection and arrangement, programming, postings, links, and software, trademarks and trade names, are the property of MEMOTV and/or its licensors, and are protected by applicable copyright laws and other intellectual property laws. You agree not to use such proprietary information or materials in any way except for use of the MEMOTV Platform and the MEMOTV Service in accordance with the terms of this Agreement. You do not obtain any rights under this Agreement in any intellectual property.

MEMOTV may provide you with the opportunity to post your comments and/or reviews on the MEMOTV Service or to otherwise submit information to MEMOTV. You hereby agree to grant to MEMOTV a perpetual, worldwide and royalty-free license to display, repost, reproduce, distribute, modify, and/or display and use generally any and all comments and/or reviews (including your name, image and/or likeness when applicable) that you may have posted or otherwise provided to MEMOTV. You hereby waive any and all so-called “moral rights” that you may have in and to such comments and/or reviews. You also agree to complete and execute any documentation that MEMOTV may deem necessary to give full effect to this grant of rights, authorisation and waiver.

MEMOTV may, at its sole discretion, insert advertising, sponsorship and promotion within the MEMOTV Service, including but not limited to, pre-roll, mid-roll and/or post-roll advertisements, advertising banners, push notifications and links to third-party websites, as well as any other form of advertisement and promotion. In addition, you may access the MEMOTV Service through websites or platforms operated by third parties. You acknowledge and agree that MEMOTV is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to and material from any third-party websites does not automatically imply approval or endorsement thereof by MEMOTV. Except as provided in its Privacy Policy, MEMOTV does not assume and will not have any liability or responsibility for any third-party material or websites, or for any other material, products or services of third parties. You also agree and acknowledge that you may be subject to other terms and conditions from third parties when you use such third parties’ material, products, services, software, websites or portals, including but not limited to, the Store Terms and Conditions, and that the present Agreement may no longer apply.

MEMOTV obeys all relevant copyright laws and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide MEMOTV with the following:

(a) A physical or electronic signature of the copyright owner or the person authorised to act on its behalf;

(b) A description of the copyrighted work claimed to have been infringed;

(c) A description of the infringing material and information reasonably sufficient to permit MEMOTV to locate the material;

(d) Your contact information, including your address, telephone number, and email;

(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to livestream@memomusichall.com.au

MEMOTV shall have the right, at its sole discretion, to modify, suspend, remove, discontinue or disable access to the MEMOTV Platform and/or the MEMOTV Service (or any part, feature or content thereof) at any time and for whatever reason, without notice. MEMOTV shall not be liable to you or to any third party for exercising such rights.

No cancellation of any Subscription to the MEMOTV Service is allowed during the Subscription Period and no refund of any such Subscription will be made, except as provided above or as otherwise provided by the applicable laws.

If you ordered a non-recurring Subscription and you wish to continue to have access to the MEMOTV Service upon the expiration of your Subscription Period, you need to purchase a new Subscription to the MEMOTV Service.

If you ordered a recurring Subscription and you have cancelled your Subscription or deactivated the auto-renewal option as provided above, this Agreement shall automatically terminate upon the expiration of your current Subscription Period.

If you fail to comply with any of the provisions of this Agreement, including, but not limited to, failure to make payment of the fees due to MEMOTV, the Store or the third-party platform through which the MEMOTV Platform and the MEMOTV Service were made available to you, as applicable, failure to provide accurate and complete Account Data, violation of the Rules of Conduct, or infringement or other violation of third parties’ rights, MEMOTV, at its sole discretion, without prior notice to you, may (i) terminate this Agreement and/or deactivate your right to use the MEMOTV Service and/or your account; or (ii) preclude access to the MEMOTV Service (or any part or feature thereof). Upon termination of this Agreement, you shall cease all use of the MEMOTV Platform and of the MEMOTV Service and destroy any and all copies of the MEMOTV Platform on your Devices, when applicable.

You acknowledge and agree that the termination of your account by the Store or the third-party platform through which the MEMOTV Service is made available to you, when applicable, or the withdrawal of the MEMOTV Service by the Store or the third-party platform, when applicable, at any time and for whatever reason, will automatically terminate this Agreement and your access to the MEMOTV Platform and the MEMOTV Service, without any liability whatsoever on the part of MEMOTV.

You agree that MEMOTV may collect, hold, use and divulge the information that you knowingly choose to disclose and enter on any of the MEMOTV Service or that you otherwise allow MEMOTV to access and that can be used to identify you, such as your Account Data, location, information about your social media accounts and information about your age, demographic, mobile and/or computer devices (the “Information”) for the purposes indicated in the Privacy Policy.

You also agree that MEMOTV has the right, without liability to you, to disclose any Information to law enforcement authorities, government officials, and/or a third party, as MEMOTV believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement or as provided in MEMOTV’s Privacy Policy.

MEMOTV will retain your Information only for as long as necessary to fulfil the purposes for which it was collected, or as required for MEMOTV’s legitimate interests, or to comply with applicable legal, tax or regulatory requirements. After such time, any Information you have provided to MEMOTV will be destroyed, deleted or made anonymous.

Your use of the MEMOTV Platform and of the MEMOTV Service is subject to the Privacy Policy, which is expressly made a part of this Agreement. Please review the Privacy Policy available on the MEMOTV Platform.

You expressly acknowledge and agree that your use of the MEMOTV Platform and the MEMOTV Service is at your sole risk and that MEMOTV makes no guarantee, representation or warranty that the operation of the MEMOTV Platform and the MEMOTV Service or your use of the MEMOTV Platform and the MEMOTV Service, including all and any of its features, will be uninterrupted or error-free. You also agree that the MEMOTV Platform and the MEMOTV Service may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. MEMOTV may remove the MEMOTV Platform and the MEMOTV Service for indefinite periods of time or may disable access to the MEMOTV Platform and the MEMOTV Service at any time, without notice to you and without liability.

The MEMOTV Platform, the MEMOTV Service, and all information, content and materials made available to you through the MEMOTV Platform and the MEMOTV Service, are provided by MEMOTV “as is” and “as available” and without warranty of any kind. MEMOTV disclaims any and all warranties and representations with respect to the MEMOTV Platform and the MEMOTV Service, and the information, content and materials available on or through the MEMOTV Platform and the MEMOTV Service, including, but not limited to, the quality of the video recordings and audio visual works, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of consumers, so the above exclusion and limitations may not apply to you.

You acknowledge that the use of the MEMOTV Service or of some of its features may require the use of other hardware and software products and that such hardware and software is your responsibility. MEMOTV makes no guarantee, representation or warranty that any particular device or other hardware will be compatible with the MEMOTV Service and any other technology used by MEMOTV to distribute the MEMOTV Service. It is your sole responsibility to ensure that your system(s) and/or Devices will function correctly with the MEMOTV Service’s technology. MEMOTV shall not be liable to you or to any third-party for any loss or damages to your computers, internet modems, Devices, or other hardware. MEMOTV makes no guarantee, representation or warranty that the MEMOTV Platform and the MEMOTV Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and, subject to the Privacy Policy, MEMOTV disclaims any liability relating thereto. You are solely responsible for backing up your own system.

It is your responsibility to pay any Internet access and/or bandwidth fees necessary to use the MEMOTV Service. You expressly acknowledge and agree that watching content via the MEMOTV Service may count toward your monthly Internet data allowance.

You agree to indemnify and hold MEMOTV, its affiliates, subsidiaries and related entities and their respective directors, officers, employees, agents, representatives, contractors and licensors, harmless from and against any claim, loss, liability, damages, costs and expenses arising out of or in connection with (i) your breach of this Agreement; (ii) any violation by you of any law or rights of a third-party; or (iii) any action taken by MEMOTV as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.

MEMOTV, ITS AFFILIATES,SUBSIDIARIES AND RELATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS AND LICENSORS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM YOUR USE OR INABILITY TO USE THE MEMOTV PLATFORM AND/OR THE MEMOTV SERVICE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THE MEMOTV PLATFORM AND THE MEMOTV SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION. MEMOTV’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT, THE MEMOTV PLATFORM AND THE MEMOTV SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE MEMOTV PLATFORM AND THE MEMOTV SERVICE. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION ON LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

This Agreement, including the Privacy Policy, constitutes the entire understanding between you and MEMOTV with respect to your use of the MEMOTV Platform and the MEMOTV Service, supersedes any prior agreements between you and MEMOTV, and governs your use of the MEMOTV Platform and the MEMOTV Service.

If any provision of this Agreement is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

The failure by MEMOTV to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to subsequently exercise or enforce such right or provision or any other provision of this Agreement.

MEMOTV may change, revise, update or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that MEMOTV may impose new or additional rules, policies, terms or conditions on your use of the MEMOTV Platform and of the MEMOTV Service at any time. You hereby agree that a change notice sent to you by email or the posting on the MEMOTV Service of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the MEMOTV Platform and of the MEMOTV Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the MEMOTV Platform and the MEMOTV Service. It is your responsibility to regularly check the MEMOTV Service to determine if there have been changes to these terms and to review such changes.

YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM MEMOTV ELECTRONICALLY. AS A USER OF THE MEMOTV PLATFORM AND THE MEMOTV SERVICE, MEMOTV MAY FROM TIME TO TIME SEND YOU EMAIL UPDATES OR OTHER INFORMATION REGARDING THE MEMOTV PLATFORM AND THE MEMOTV SERVICE. YOU AGREE THAT ALL THESE EMAIL UPDATES AND OTHER COMMUNICATIONS THAT MEMOTV PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

It is the express wish of the parties that this document and all related documents, including notices and other communications, be drawn up in the English language only.

Thank you for agreeing to and abiding by these terms and conditions.