Terms & Conditions

>>Terms & Conditions
Terms & Conditions2018-03-13T16:25:13+00:00

Welcome to hmn.org.au, a community organisation established to connect and promote Hawkesbury-based musicians, bands, choirs, orchestras, and local music-based businesses and organisations. This website is operated by the incorporated organisation, Hawkesbury Musicians’ Network Incorporated (INC1700131).

Terms and Conditions (“Terms”)

Last updated: 26 February 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the hmn.org.au website (“Website”) operated by Hawkesbury Musicians’ Network (“HMN”, “us”, “we”, or “our”).

A Member (“you”, “your”, “yours”, “their”) is an individual, band, or other music group that has agreed to the Terms and has created a profile on the HMN website. A Member Business is a commercial organisation that likewise, has agreed to the Terms and has created a profile on the HMN website.

Your Membership with the Hawkesbury Musicians’ Network, access to and use of the member services (“Services”) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all Members who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not join the Hawkesbury Musicians’ Network, nor access the member services.

Read these Terms and indicate your acceptance of them by following the instructions in the registration process. At its discretion, the Hawkesbury Musicians’ Network has the right to terminate a user’s membership.

  1. Eligibility
    1. Age: You must be eighteen years of age or over to become a member of HMN. If you are under eighteen years of age, you can be represented by an adult parent or guardian who registers on your behalf. You will need your parent or guardian’s permission to use their account, and they will be responsible for your activities on the Website.
    2. Musician, band, music group, organisation or business with an interest in the Hawkesbury:To have an “interest” in the Hawkesbury;
      1. An individual member must primarily reside or work in the City of Hawkesbury local government area;
        -or-
      2. Bands, music groups and organisations must have at least one member whose primary residence or workplace is in the City of Hawkesbury local government area;
        -or-
      3. Bands, music groups and organisations (e.g. orchestras, choirs, musical-societies) must rehearse within the City of Hawkesbury local government area.
        -or-
      4. Individuals, bands, music groups, and organisations must have a stake in promoting and contributing to the music community in the Hawkesbury local government area;
        -or-
      5. Business members must operate within the City of Hawkesbury local government area, or in an adjacent local government area (e.g. Penrith City Council area, Blacktown City Council, Blue Mountains City Council), and provide goods and/or services that are music-related.
        -or-
      6. Business members must provide music-related goods and/or services that have value to musicians residing in the Hawkesbury local government areas.
    3. Capacity to Agree with the Terms and Conditions: By using the Website and becoming a member of HMN, you authorize that you have the right, authority, and capacity to understand and abide by all of the Terms and Conditions.

NOTE: HMN reserves the right to review all memberships (musician and business) and to cancel memberships at any time that do not meet eligibility criteria.

If you are uncertain as to whether you meet the eligibility criteria, please Contact Us online or email info@hmn.org.au.

  1. Terms of Membership: You agree to the Terms and Conditions while you use the Website and/or are a Member. You may cancel your membership at any time and delete your profile. Membership cancellation removes all your confidential and profile information, and your posts. Your account will be deleted from the site and this cannot be undone. If you are in breach of HMN’s code of conduct, or if you post offensive content, HMN can terminate your membership. Termination will be effective upon sending notice to you at the email address you provided to HMN.
  2. Non-Commercial Use by Members: Members are not permitted to commercially exploit HMN. Members are not permitted to engage in any illegal or unauthorised use of the Website, including, but not limited to collecting profile names and profile information of members, soliciting email addresses through electronic or other means for the purposes of marketing, promoting or sending unsolicited emails.
  3. Content:
    1. Definition: Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Content includes, but is not limited to member profiles and accounts, submissions, posts, photos, text, files and images, Member profiles and accounts.
    2. Objectionable and Offensive Content: Members agree not to use HMN to upload, post, transmit or otherwise make available any content that HMN deems objectionable content. HMN reserves the right to delete such content, and to suspend or terminate the Membership of the offending party. Objectionable content is any content deemed to be (but is not limited to):
      1. Harmful, threatening, abusive, harassing, hateful, or intimidating;
      2. Racist, bigoted, sexist or a promotion hatred or psychological/physical harm against any individual or group;
      3. Vulgar, obscene, pornographic or exploitative;
      4. Sexually or violently exploitative of people under the age of 18, or involved solicitation of personal information from anyone under 18;
      5. Libelous, defamatory, derogatory, slanderous, false, untrue, or misrepresentative;
      6. Promoting illegal behaviour, including links to websites that infringe copyright, and/or contain pirated material (e.g. software, music, movies etc);
      7. A transmission of “junk mail” or “spam”;
      8. Involving solicitation of passwords or personal identifying information from Members for commercial or unlawful purposes;
      9. A link(s) to webpages that contain restricted content or require password only access;
      10. A commercial activity, including advertising, except where the user has a business membership, and the content of the material is music-related and deemed appropriate by HMN.
  4. Code of Conduct: The Hawkesbury Musicians’ Network is intended to be a positive, cooperative, constructive and supportive environment for the promotion of local musicians, and for the purposes of networking with other musicians, and businesses and organisations. Members agree to use HMN accordingly. Members agree not to engage in any conduct that HMN deems objectionable. You must not use the HMN website or its Services in any way that violates relevant State or Federal laws and regulations. HMN reserves the right to suspend or delete Members that engage in such conduct. Objectional conduct includes (but is not limited to):
    1. Intimidating, harassing or threatening another Members;
    2. The uploading of any content that infringes upon any copyright, patent, trademark, or other proprietary rights of a party;
    3. Creating fake profiles, misrepresenting oneself or impersonating any person or entity;
    4. Uploading, posting, or otherwise making available any unauthorised advertisements or promotional materials, “junk mail,” “spam,” or other forms of unauthorised commercial solicitation;
    5. Uploading, posting, transmitting or otherwise making available any material (including files, computer code, programs) that contains software viruses or that are intended to destroy, damage or reduce the functionality of any telecommunications/computer software or hardware.
  5. Specific Site Usage Policy for Businesses: In addition to all other terms and conditions Business Members must comply with the following Site Usage Policies:
    1. Business must not collect profile names and profile information of members, soliciting email addresses through electronic or other means for the purposes of marketing, promoting or sending unsolicited emails.
    2. Business members must not post advertisements on other members’ profiles or posts;
    3. Business members can use their profile stream and/or the ‘Specials’ area on their ‘Find a Business’ profile to advertise special offers;
    4. Business members are encouraged to answer questions in the Knowledgebase if/when they have appropriate or definitive answers to questions;
    5. Business members may post information about a good/service in the Knowledgebase only if it is a direct answer to the original question;
    6. Business members must not advertise good/services that are unrelated to questions posted in the Knowledgebase;
    7. Business members must not advertise goods/services that are not music-related;
    8. HMN reserves the right to cancel any Business Membership that does not comply with the general or specific site usage terms, or that violates the objectives and ideals of HMN.
  6. Privacy: Use of the HMN website is governed by our Privacy Policy.
  7. Member Disputes: You are solely responsible for your interactions with other HMN members. HMN reserves the right, but is not under any obligation, to monitor disputes between you and other members. If you believe that a Business or Musician member has breached the Terms and Conditions of HMN, then please contact us.
  8. Links To Other Web Sites: Our Service may contain links to third-party web sites or services that are not owned or controlled by Hawkesbury Musicians’ Network (e.g. YouTube, Facebook, Soundcloud). Hawkesbury Musicians’ Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Hawkesbury Musicians’ Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
  9. No Endorsement: While HMN strives to promote local musicians, and connect them with music-related businesses and organisations, reference to any services, products, manufacturers, or suppliers does not imply endorsement or recommendation by HMN.
  10. Liability Limitations: The user of the HMN website assumes all responsibility and risk for the use of the site. HMN is not liable for any damages, including lost profits arising from the use of the website or the Service.
    To help prevent potential breaches of your security and privacy, we highly encourage you to set a strong password for your profile. While we make every effort to protect the integrity and security of the website, we cannot prevent poorly chosen passwords from being compromised and will not be held liable for any breaches of security due to this choice on your part.
  11. Disclaimer: HMN is not responsible for any inaccurate Content posted on the Website or in connection with the Service.

Copyright Notice

© Hawkesbury Musicians’ Network Incorporated 2018

Except as permitted by the copyright law applicable to you, you may not post, distribute, reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.

The owners of copyright in the content on this website may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by Copyright Agency.

Members agree not to use the Hawkesbury Musicians’ Network to distribute or post content without the express permission of the copyright owner. The Hawkesbury Musicians’ Network reserves the right to remove content it believes infringes on rights of others under copyright law or other applicable law. If you believe that any material on hmn.org.au violates copyright which you own or control, please contact us.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us.

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