Terms of Use

1. Introduction
1.1. Welcome to the Record Store Day Australia website located at
recordstoreday.com.au (“Site”). Please read these Terms of Use carefully. By
accessing or using the Site you become a user of the Site (“User” or “you”).
1.2. This Site is owned and operated by Records Store Day Australia Pty Ltd (“Record
Store Day Australia” or “us” or “we”).
1.3. As a User of the Site you agree that you have read and understood these Terms of
Use and that you agree to be bound by them. These Terms of Use form a binding
agreement between you and us (“Agreement”).
1.4. Record Store Day Australia reserves the right to alter, modify, add to or change in
any way, any provision of these Terms of Use. It is the User’s responsibility to check
the Terms of Use each time they use the Site.

2. Proprietary Rights in the Site
2.1. All material on the Site including, but not limited to, underlying software, code,
design, text, graphics, video, other files (“Content”) is the sole property of Record
Store Day Australia or is licensed to Record Store Day Australia. All rights are
reserved. Content shall not be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without the prior written consent of Record Store Day
Australia.
2.2. All Trade Marks, logos, trade dress and service marks on the Site are either Trade
Marks or registered Trade Marks of Record Store Day Australia and shall not be
copied, imitated, or used, in whole or in part, without the prior written consent of
Record Store Day Australia.

3. User Materials
3.1. A User who has signed up to have an account as an Australian record store on the
Site (“Record Store”) may create a profile and upload or ‘post’ content onto the Site
and/or exchange certain content via the Site, including but not limited to text, images
and links to other websites (“User Materials”).
3.2. A Record Store User warrants that all User Materials that they upload and/or ‘post’ to
the Site do not infringe on any third party rights (including copyright or any other
proprietary rights).
3.3. It is the Record Store User’s responsibility to ensure the accuracy of all User
Materials that it uploads to the Site and to fix any errors contained in such User
Materials.
3.4. Record Store Day Australia reserves the right to approve all User Materials before
they are posted to the Site and the right to remove any User Materials in the event
that it believes such materials infringe on rights of others under copyright law, or
other applicable law.
3.5. The Record Store User grants Record Store Day Australia a worldwide, royalty-free
and compensation-free, non-exclusive perpetual license(s) to use and publicly
display the name, profile details and User Materials on the Site or in connection with
the Site, or the operation of the Site and in connection with Record Store Day
Australia’s business. Record Store Day Australia does not claim any rights to User
Materials other than as set out in this Clause 3.
3.6. The Record Store User agrees not to use the Site to upload, exchange, post, email,
transmit or otherwise make available any content that:
(a) is abusive, obscene, vulgar, slanderous, hateful, threatening, pornographic or
any material that may violate any domestic or international laws;
(b) infringes upon the rights of any third party (proprietary rights or otherwise),
impersonates any person, User or entity, or otherwise misrepresent themselves
or their affiliation with any person or entity;

(c) is unsolicited or unauthorised advertising, promotional materials, junk mail,
spam and the like;
(d) contains software viruses or any other malicious computer code, files or
programs designed to interfere with, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
(e) has the potential to bring the reputation of Record Store Day Australia into
disrepute; or
(f) is intended to intimidate or harass another User.
3.7. Record Store Day Australia reserves the right without prior notice to remove User
Materials from the Site where it deems to fall into any of categories as described in
Clause 3.6 above, and Record Store Day Australia may suspend or otherwise
terminate that User’s account in its sole discretion.
3.8. Record Store Day Australia does not endorse any User Materials, or any opinion,
recommendation, or advice expressed therein, and Record Store Day Australia
expressly disclaims any and all liability in connection with all User Materials.

4. Links to External Websites
4.1. Through this Site Users are able to link to other websites which are not under the
control of Record Store Day Australia. Record Store Day Australia has no control
over the nature, content and availability of those external websites. The inclusion of
any links on the Site does not imply a recommendation or endorsement of the goods
and services, or opinions contained within such websites.

5. Disclaimer
5.1. To the fullest extent permitted by law, Record Store Day Australia expressly
disclaims all warranties, express or implied, of any kind with respect to the Site,
including without limitation as to the quality and/or fitness of the Site for a particular
use, accessibility or warranties that access or use of the Site will be uninterrupted or
error-free, and that the Site will be secure or free of viruses or other harmful material
or elements, or that the Content will be correct, accurate, timely or complete.
5.2. The Content may include technical inaccuracies or typographical or other types of
errors. Record Store Day Australia has the right to make changes, modifications and
updates to any Content contained on the Site without prior notice.
5.3. Record Store Day Australia is in no way responsible for;

(a) the conduct and behaviour of any User, whether on the Site or
otherwise;
(b) any incorrect or inaccurate content on the Site;
(c) the consequences of any malfunction of any equipment or programming
associated with the operation of the Site; or
(d) the operation of any events run by Record Stores which are listed on
the Site.

5.4. There may be times when the Site is temporarily unavailable to the User due to
maintenance or any to other reason beyond the control of Record Store Day
Australia. In the event that the Site is unavailable Record Store Day Australia is in no
way responsible for any loss or damage suffered by the User as a result of such
‘down-time’.
5.5. Record Store Day Australia is in no way responsible for any problems or technical
malfunction of any telephone network or lines, servers or providers, computer
equipment, software, failure of email or players on account of technical problems or
traffic congestion on the Internet including injury or damage to the User’s or to any
other person’s computer in connection to or resulting from the use of the Site in any
way.

6. User Warranties
6.1. THE USER WARRANTS THAT RECORD STORE DAY AUSTRALIA SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE.

7. Indemnity
7.1. The User indemnifies Record Store Day Australia, and holds its officers, directors,
employees and licensors harmless from any and all claims, demands and damages
(including but not limited to legal fees) made by a third party due to or arising from or
related to the User’s violation of these Terms of Use, or the User’s violation of any
laws, regulations or third party rights.
7.2. Should Record Store Day Australia in its sole discretion, determine that any User has
breached these Terms of Use, then nothing herein shall prevent or in any way restrict
its right to pursue any of its legal and/or other remedies, including, without limitation,
court action.

8. Assignment
8.1. The User acknowledges that this Agreement is personal to it and cannot be
assigned, transferred, sold or otherwise disposed of without the prior consent in
writing of Record Store Day Australia. Record Store Day Australia reserves its right
to assign the provisions of these this Agreement at any time.

9. Governing Law and Jurisdiction
9.1. These Terms of Use and the access and use of the Site shall be governed by and
construed in accordance with the laws of Victoria, Australia. By accessing and using
the Website, the Users accepts that any dispute under these Terms of Use or arising
out of access and/or use of the Site shall be subject to the exclusive jurisdiction of
the Victorian Courts in Australia and by accessing and/or using the Site, Users
hereby submit to the jurisdiction of such courts for such purposes.
9.2. Users are solely responsible for compliance with any applicable laws of the country
from which they access this Site.