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AMROC – Retailer Terms of Use
Welcome to AMROC’s Australian Music Retail Online Catalogue Service (the "Service").
AMROC provides this Service to you subject to the following Terms and Conditions. The use of the information provided by the Service is governed by these Terms and Conditions.
AMROC may amend or vary these terms at any time without notice to you and you can review the latest version at any time at www.amroc.com.au. AMROC provides the Service to you subject to your acceptance of the Terms and Conditions and any notice contained herein or notified to you hereafter. Your acceptance of the Terms and Conditions occur upon AMROC’s receipt of a completed registration form which can be arranged by completing the electronic registration form at the end of these terms. In addition to registration, by using the Service at any time you are deemed to have agreed to the then current version of these Terms and Conditions.
AMROC provides you with information on behalf of participating companies in respect of recorded music and associated products. The level of information will vary based on individual company practices but will generally include the following: artist, title, record label, barcode, catalogue number, wholesale price, track listing, release date and delete date.
The information will not include audio files, artwork, artist biographies or marketing information, all of which can be obtained when available from individual record company websites (links will be available direct from AMROC).
The Service will provide search and query functionality and download/export functionality to allow retailers to merge the information with point-of-sale systems or their own websites or databases.
This Service is available 24 hours a day, 7 days a week and is free.
For you to access the Service, you will need to have made your own arrangements for access to the World Wide Web and be directly responsible for any fees associated with such access. You will also need to hold an email account and be responsible for providing your own equipment necessary to make such connection to the World Wide Web, including a computer, modem or any other access device.
To open an account you must complete the registration process by providing us with your current, complete and accurate information as prompted by the registration form. On acceptance by AMROC you will be issued a confirmation of your registration by return email which will contain your unique password and account name.
You will be entirely responsible for any and all activities that occur under your account. You are responsible for maintaining the confidentiality of the password and account. Your password is not transferable. You agree to notify AMROC immediately that you become aware of any unauthorised use of your password or account or any other breach of the Terms and Conditions of this Service.
Registration is for one network and AMROC may require you to seek additional registrations for stand-alone PC’s.
Subject to law, AMROC reserves the right to refuse registration to any person for any reason in AMROC’s absolute discretion.
Our policy is to respect the privacy and information obtained from any registration. AMROC will not disclose any personal information about you or your use of the Service without your prior permission unless AMROC has a good faith belief that such action is necessary to:
- comply with AMROC’s legal obligations;
- protect and defend the rights of AMROC’ and its contributing companies; or
- to enforce the Terms and Conditions of the Service,
and the disclosure of that personal information is not a breach of the privacy legislation of the Commonwealth of Australia, the State of New South Wales or any other Australian State where you are resident or conduct business.
- CONDUCT OF YOUR ACCOUNT
- LIMITATIONS AND INDEMNITIES
You agree as a condition of your use of this service that you will not use any information, data or content for any purpose except as an aid for the promotion and retail sale of recorded music or related products whether through in-store or online channels. You must not pass on the information you obtain from the Service to any other person except a retail customer or potential retail customer and only in respect of the aforementioned purpose of effecting retail sales of recorded music and related products.
You acknowledge that from time to time that you may have access to confidential information about AMROC's systems and features and you agree that any use of this confidential information except in respect of your use of the Service is expressly prohibited and the divulging by you or any of your employees of any confidential information to a third party is a breach of these Terms and Conditions.
AMROC does not warrant or represent that
- The information, data and content supplied through the Service will be accurate;
- The information, data and content supplied through the Service will be up-to-date;
- All record companies will provide all possible information fields for each product; and
- The Service will be constantly or continuously available.
You understand and agree that the Service is provided "as is" and "as available" and whilst AMROC will endeavour to maintain the Service to a high standard, AMROC depends on the participating companies to provide relevant information.
AMROC is not liable to you or any other person as a result of any failure of the Service or as a result of any information, data or content included in or omitted from the Service.
You agree to indemnify and hold AMROC, its licensees, licensors, associates, affiliates, related bodies corporate and contributing record companies against and harmless from any claim, loss, cost, expense, payment, damages, demand, suit, action, cause of action or proceedings arising directly or indirectly out of your use of the Service or your breach of any of the Terms and Conditions of this Service.
- ON-LINE CONTENT USE
You agree that if you use any information, data or content from AMROC’s site in an online environment, whether directly on your own website or on the website of any other party, that you will be bound by these Terms and Conditions including but not limited to the following:
- For the avoidance of doubt any rights not expressly granted to you hereunder are reserved to AMROC.
- You must remove material sourced from AMROC from your website immediately upon receipt of AMROC’s request for you to do so.
- You hereby acknowledge and accept that the names, trade marks and logos owned or licensed by the participating companies and their artists are the property of those companies and artists respectively and you do not have and will not acquire any rights in the same by reason of this agreement and your use and incorporation of such names, trade marks and logos on a website.
- You are not entitled to use the names, trade marks and logos used, owned or licensed by the record companies or their artists without the prior written consent of those companies or artists.
- TERMINATION
- NOTICES
You agree that AMROC at its sole discretion at any time may amend, modify or terminate the Service or any of its contents in part or in whole.
You agree that AMROC at its sole discretion at any time may amend, modify or terminate your password, your account or your use of the Service in part or in whole.
AMROC is not liable to you or any third party in respect of or as a result of any termination of your access to or use of the Service.
Notices to you may be made via either email via www.amroc.com.au or regular mail to AMROC c/- EDC PO Box 6084, Blacktown, NSW 2148. The Service may also provide notices of changes to the Terms and Conditions of the Service or other matters by displaying a notice or links on the Service website.
AMROC is not liable to you or any third party in any way in respect or as a result of any failure to notify you or any third party of any action or omission taken or omitted by AMROC in respect of the Service or your access to or use of the Service.