Non-Exclusive Publishing Agreement & Terms and Conditions of Service
1. ICE Entertainment PTY LTD t/a Atomic Music Australia
1A. All services and products supplied by ‘ICE ENTERTAINMENT PTY LTD’ – ACN 634 395 501 (hereinafter referred to as “IE”) to the ARTIST, CLIENT or CUSTOMER (hereinafter referred to as the “Artist”) are supplied on these terms and conditions of service. A current copy of this document is available on the Atomic Music website (http://www.atomicmusic.com.au) and is subject to being updated from time to time without direct notification. Any and all changes are updated through a public article released on the “News” section of the Atomic Music website. If you have any concerns or questions relating to this document, please contact our office directly on 02 6009 0275 or email “firstname.lastname@example.org”.
2. About IE
2A. IE is an ASIC regulated company that oversees the Atomic brand and associated online musician services with a focus on developing music in Rural and Regional areas of Australia.
2B. Its service includes Atomic, Atomic Radio, Atomic Magazine/News, The Atomic Top Twenty, The Atomic Hundred as primary products or services.
2C. The company is bound by a set of values brought in by the Board of Directors in 2019 upon forming as an Australian Company and can be made available at request by emailing email@example.com OR visiting its website located at http://www.atomicmusic.com.au
3. Website and Online Services Disclaimer
3A. Access to this website and/or any web services provided by IE are on a temporary basis only, and IE reserves the right to remove access without notice to you. IE will not be liable if at any time, our web services are unavailable for any period of time.
3B. By using this website or any of IE’s web services, you are acknowledging that the information contained does not take into account the individual circumstances of you or any other user of this website or associated web services. When using IE’s services and information contained herein, you and all other users are solely responsible for deciding whether the information is appropriate to your particular situation.
3C. IE holds and retains the right to monitor and alter your access to IE’s website or web services accordingly for any reason at any time without notice or liability to you. The operation of the Terms and Conditions of Service will survive any suspension or termination of your access to IE’s website and associated web services.
4A. All material published on IE’s services and web sites are protected by copyright. Other than using for personal use, non-commercial use or reference, you are not permitted to reproduce, alter, translate, publish, communicate or sell any material published on IE’s services (whether in whole or part) without the written approval of IE.
4B. Sharing of text-based articles is permitted provided they are shared directly from our website or utilising a direct link to the content.
4C. Use of Screenshots or Photo’s of content on IE’s online and physical services is protected by copyright and permission must be given in writing prior to utilising.
5. Registration and Storage of Personal Information
5A. To access certain parts of IE’s services, you may be required to register with IE. As part of any registration process, you are required to complete forms with accurate and true information. You accept all responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user accounts. You are responsible for maintaining the confidentiality of your access credentials, and must ensure that any security access information is kept confidential and secure from unauthorised access and not used by, or disclosed to, any other person.
5B. IE stores any personal information provided by the artist on secure servers under encryption. It does not store financial credentials other than balances of sales made and all financial transactions are carried out via a third party such as Stripe or Paypal.
5C. You agree that you are bound to any third-party Terms of Service which is not maintained or managed by IE at any point. These can be read on their individual websites for reference.
6. Prohibitions and Restrictions
6A. You agree that you will not utilise IE’s services in any manner or for any purpose that transmits or distributes malicious code or technologically harmful operational programs to either IE or it’s wider userbase.
6B. Nor will you use IE’s services to hack into any aspect of IE’s servers, systems or public facing services or causes corruption of data or annoyance to any other user.
6C. You agree not to use any automated data discovery or generation program, algorithm or scripting technology to access, acquire, copy or monitor any portion of IE’s services or content.
6D. IE’s services are not to be utilised to send any unsolicited advertising or promotional material, commonly referred to as “Spam”.
6E. You agree not to attempt to affect the performance or functionality of any facilities or services accessed through IE’s network.
6G. Any attempts to alter the result of the charting services offered by IE in any way deemed as “chart rigging” by IE will result in preventative measures being instigated.
6H. IE reserves the right to investigate any allegations or suspicions of this kind of activity utilising internal and third-party services to confirm or clear any allegation made against any alleged user without notice.
6I. IE utilises IP logging and log tracking infrastructure to source fake accounts, multiple purchases and excessive, inappropriate usage of service.
7. Linked and Third Party Sites
7B. IE does not make any representation or endorsement in relation to any Linked Site or any content or service available at the linked sites.
8. Intellectual Property
8A. The Intellectual Property rights in all copyright, trademarks and content (including photographic images, video and audio) made available to you on or through IE’s services and websites are owned by IE or licensed to IE. This extends to all IE trademarks and brands, including, but not limited to, the Atomic Top Twenty, Atomic Radio, Atomic Magazine, Atomic Music Space, Atomic Stream Space, The Atomic Hundred, Radium, Plutonium and Uranium Awards. IE reserves all rights in this Website and connected IE services and the information provided by it.
8B. Unless as expressly prescribed by law and as authorised by these Terms and Conditions of Service, you are not permitted to modify, publish, distribute, communicate, sell or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website or associated IE services in connection with any business or commercial enterprise.
9. Advertising, Marketing and Promotions
9A. You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of this Website. Responsibility for the content of Advertising appearing on the Website and associated services rests solely with the advertisers. The placement of such advertising on the Website or associated services does not constitute a recommendation or endorsement by IE or the advertisers’ products or services and each advertiser is solely responsible for any representations made in connection with its advertising.
9B. IE may conduct competitions or other promotions via its website, associated services or public and social media platforms.
9C. Subject to your consent, which is implied until otherwise revoked, IE may utilise your copyright works submitted to its website or associated services for the purpose of promoting IE’s services and/or it’s users’ connection with the service with no notice given.
9D. In lieu of royalty payment for this usage, IE will not retain any amount from purchases made on its streaming platform for artist works apart from the cost required for merchant action and purchase.
10. Non Exclusive Arrangement
10A. The non-exclusive nature of this agreement means the artist will retain the full copyright to their works. IE will retain the higher of, 14% commission or, the amount of merchant fee incurred from the online sales that we generate and will pay artists the remaining royalty/sale for purchases/downloads from its streaming platform service.
10B. A minimum purchase amount of $2.89 is automatically set to tracks retailed through the Atomic service.
10C. This arrangement leaves the artists free to perform, sell and publish their music in both physical and digital form anywhere else provided other publishing arrangements do not inhibit the function of this agreement. In the case of such a breach, IE reserves the right to indemnify itself from any legal action or issue attached in both connection and association.
10D. All IE and associated services broadcasting occurs on a “royalty free” basis through networks associated and directly connected to IE. On occasion, we release promotional material with no costing attached to third party services and Australian National Community Radio networks. No royalties are payable to the artists for the streaming of their works through these media forms or any outside IE directly unless otherwise notified.
10E. IE will never use artist’s copyright works with a third party company for the purpose of profit. It is strictly restricted to promotion of either the artist, IE or its associated services directly.
10F. Royalty and Sale payments for downloads that are purchase and/or sold through Atomic will be distributed to artists upon the receipt of a “deposit request”. A payment can be requested at any time once the account value exceeds $10.00. The email address on file or/from music submissions will be consulted for acquiring bank transfer details. It is the responsibility of the artist to ensure these details are correct and any incorrect bank details will warrant processing fees in the event the details provided are incorrect. These associated fee’s will be the responsibility of the artist and will be deducted from account balance or billed via invoice direct to the artist.
11A. To the full extent permitted by law, the Website and IE’s associated web services and/or any information provided are provided on an “as is” and “as available” basis. While every effort has been made to ensure accuracy, IE cannot be held responsible or liable for any errors or inaccuracies, or for any consequences arising from such inaccuracies. You should independently verify the accuracy and comprehensiveness of the information provided at on any of IE’s services. IE also does not guarantee continuous, uninterrupted or secure access to any of its services HOWEVER all attempts will be made to ensure security to the best of our ability.
11B. To the full extent permitted by law, IE excludes all liability in respect to loss of data, interruption of business or any consequential or incidental damages.
11C. You are responsible for all risks associated with your use of IE’s services, including without limitation, the risk of damage to your computer, network, software or data arising out of or in connection to your use of IE services or content access from it. IE will not be liable for any loss or damage caused by a Distributed Denial of Service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any of IE’s services or your downloading of any material posted to it, or any linked sites.
11D. To the full extent permitted by law, IE excludes all implied conditions and warranties, including without limitation as to completeness, accuracy, currency of the information contained at and on any IE service. If conditions and warranties are implied by law under the Competition and Consumer Act 2010 and similar or subsequent legislations and cannot be excluded, IE limits liability to the extent permitted by law to re-supply or payment of the cost of resupply of services provided by IE’s web services.
11E. The material provided and views expressed by users of any of our services are the view of those users and are not endorsed by IE. Information made available on the website is not (and should not be taken as) a substitute for legal advice or other professional advice or provided to third parties as evidence of such advice. By using IE’s services, you are solely responsible for deciding whether the information is appropriate to your particular situation.
12A. You agree to indemnify, defend and hold harmless IE (including its shareholders, directors, officers, employees, agents, affiliates, endorsed volunteers and representatives) from an and all third-party claims, liability, damages or costs, including reasonable legal fees, arising from your use of any of IE’s services or your breach to these Terms and Conditions of service.
13A. The services IE delivers and these Terms and Conditions of Service are governed by the laws of New South Wales, Australia. IE and you irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales.
13B. Any rights not expressly granted herein are reserved.
13C. For any queries or to revoke usage consent for any works you have submitted to Atomic, please email firstname.lastname@example.org