Welcome to Emanate – a blockchain-based, audio monetisation platform designed to protect and reward artists. The website provides information about the Emanate ecosystem, and the Emanate platform hosts audio and other content posted by registered artists, and allows that content to be accessed by other users of the website. It may also allow users to interact with each other through social features.
These terms and conditions apply to all use of the application, website and platform and any other associated websites. Our [Privacy Policy] sets out how we handle your personal information (including personal information collected through our website and platform).
These terms and conditions are made up of three parts:
Part A – general terms that apply to all users of the website, even if just browsing
Part B – additional terms that apply to the additional features available to registered users
Part C – further additional terms that apply to payment (including for use of content posted by registered artists)Part A – Basics for browsing this website
Part A – Basics for browsing this website
Introduction
This website is currently maintained by Blockchain Music Pty Ltd, and comprises the publicly-facing website currently available at www.emanate.live (but including any new or varied url) and the broader Emanate platform that is only accessible to registered users.
While Blockchain Music Pty Ltd currently maintains the Website, users must be aware that the EOSIO blockchain is public and open source. Materials and agreements uploaded to Emanate.live may also appear on the public blockchain. For this reason, users should not assume that anything submitted to Emanate is protected by a login. Additionally, the platform (including all content submitted to it) may be moved to an open source platform in the future, that is not hosted by Blockchain Music Pty Ltd. We will let you know if that happens, and if it does, additional or different terms may apply.
In these terms and conditions, the expressions we, us and our, are a reference to Blockchain Music Pty Ltd but may also refer to the Emanate team, Emanate Representatives and community. If you use this Website, you are agreeing to be bound by these terms and conditions and any other applicable laws or regulations around the world which apply to this Website and your use of it. If you do not accept these terms and conditions, you are not permitted to use this Website.
We reserve the right to amend these terms and conditions from time to time. In particular, as the platform evolves and our coin and token capabilities evolve, we expect to revisit these terms to accommodate the full functionality of the Emanate platform.
We will try to give you reasonable advance notice of any changes, but in any case, amendments will be effective immediately upon notification on this Website. If you do not agree to any change to the terms, you may stop using the Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the amended terms and conditions.
Intellectual property rights statement
All intellectual property rights in this Website, including design, text, graphics, logos, icons, sound recordings and all software relating to this Website belong to or are licensed by Blockchain Music Pty Ltd.
Content posted by users (including songs and social content) is owned or licensed by them. These intellectual property rights are protected by Australian and international laws. We host user content, and while reasonable steps are taken, but we do not independently verify its ownership. If you wish to complain about potential infringing material, you can contact us at: support@emanate.liveWhen you listen to artists’ music, you are granted a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to listen to that audio content, in the form streamed from the Emanate platform through the mechanism provided for that purpose.
You are only permitted to access and use other user’s content – most importantly their songs – through the proper use of the functionality of the website.
This licence to use intellectual property rights is subject to your strict compliance with these terms, and to any territorial restrictions that may apply from time to time. Any attempt to otherwise access, copy, distribute or create derivative works from other users’ content is expressly prohibited and is unlawful unless you obtain explicit, provable approval from the content owners.
Except as set out in this section ‘Intellectual property rights statement’, you may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another Website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
Linked Websites
This Website may contain links to other Websites, including through the use of social features. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked Websites.
Secure data
We take data security seriously, and use industry-standard measures to protect data on our Website (including your data on the Website) from cyber security threats. Unfortunately, despite these measures, no publicly-available platform, and no data transmission over the internet, can be guaranteed as totally secure. We do not warrant and cannot absolutely promise the security of any information which you transmit to us, including any content you post on the Website. Accordingly, any information that you transmit to this Website is transmitted at your own risk. If you become aware of any problems with the security of the data or the Website, please contact us immediately, providing whatever detail you are able. Things you need to be aware of
You must ensure that your access to this Website and handling of any associated digital currencies is not illegal or prohibited by laws which apply to you.
Except as expressly set out in these Website terms, we do not warrant the accuracy, adequacy or completeness of the information on this Website, nor do we undertake to keep this Website updated.
Except as expressly set out in these Website terms or to the extent required by non-excludable law, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of the information contained on this Website.
You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system.
Limitation of liability
Except as expressly set out in these Website terms or to the extent required by non-excludable law, we are not liable for any loss or damage (including without limitation any Consequential Loss), however caused (including, but not limited to, by our negligence) suffered by you in connection with these Website terms of use or your use of this Website (even as a registered user).Consequential Loss means: loss of revenues; loss of reputation; loss of profits; consequential loss; loss of actual or anticipated savings; loss of bargain; indirect loss; lost opportunities (including opportunities to enter into arrangements with third parties); and loss or damage in connection with claims against you by third parties.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again. Indemnity for losses you cause us
You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, your breach of these Website terms, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement (including any royalty claims or disputes), defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
Access to the website is not guaranteed
Access to this Website may be withdrawn at any time without notice. These terms and conditions will survive any such withdrawal.
Governing law and jurisdiction
If a dispute arises regarding the Website or these terms of use, the laws of New South Wales, Australia, will apply. In relation to any such dispute, you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
If you access this Website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
Part B – Registered users
These terms apply in addition to the terms in Part A, if you register as a user of the Website. Registration
In order to post content – including music – to the Website, and to participate in any social features made available on the Website, you must register as a user through the Website. It is your responsibility to ensure that you are of lawful age to register for the Website in the jurisdiction where you live. Generally, you must be 15 years of age or over to register for the Website. If you are under 15 years of age (or if otherwise required by applicable law) you must have your parent or guardian register on your behalf.
We are not required to accept all applications for registration. We reserve the right to terminate your registration if you breach these terms and do not remedy the breach within a reasonable time notified by us (this time will vary depending on the nature of the issue in any particular case).Registration may be subject to an initial fee, or an ongoing subscription fee. These will be notified to you at the time of registration (or a reasonable time before they are introduced in the future). If you do not agree to the fees, you may cease your application (or cancel your registration).You are responsible for all activity on the Website conducted using your registration details or user credentials. It is your responsibility to ensure you keep them secure and confidential to minimise the risk of unauthorised use of your credentials.
Posting music
As a registered user with an approved artist account, you may submit music for the Website via an Emanate Representative. You will get paid when people listen to your music. Payment arrangements are described in Part C below. This is what the Website is all about – to get your music out there and to get paid in near real-time!
It is your responsibility to make sure that all music you post to the Website is owned by you or properly licensed (including that you have made all appropriate and necessary arrangements in relation to any royalties and royalty splits) . When you post music to the Website, you grant us a licence to use that music for the purposes of operating the Website and our related business and make it available to other users. That licence includes the right to store that music around the world, reproduce it, format it to work with our systems, make it available to the public, make derivative copies for the purposes of providing user features like previews, and to sublicense it to third parties who help us with those things.
You can remove your content from the Website at any time, and our licence to use the content ends at the same time (except that we can retain copies we need for reasonable backup or record keeping purposes). These licence rights also apply to any other content you post – like promotional materials and graphics.
When you post music to the Website, you promise, represent and warrant that at all times:
• you own all rights in all aspects of that content – or have obtained those rights from the owner – to enable us to exercise the licence rights described in these terms and conditions;
• the inclusion of the content on the platform, and our use of it as described in these terms and conditions, will not infringe the rights (including without limitation intellectual property rights, moral rights, performer’s rights, privacy rights) of any person;
• you have obtained all necessary consents, permissions and/or releases from any and all persons appearing in or contributing to or with any rights in your content to enable us to use the content as described in these terms and conditions;
• your content is not unlawful in any way (including that it is not offensive, defamatory, obscene, unlawful, misleading, deceptive, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable); and your content will not cause any liability to us or our related corporate entities, directors, staff or contractors.
• your content will not cause any liability to us or our related corporate entities, directors, staff or contractors.
• As a start-up, with ambitious goals for growth and additional investment funding, the content team and Emanate Reps may promote music from time to time. Promotion may mean inclusion of music in the main feed, and tagging of music with selected styles and vibes that have broad appeal to the target user-base.
• As a global, crowd-funded music network, Emanate reserves the right not to promote, to suppress and from time-to-time disallow content that is deemed to be of a commercial, political or religious nature.
Use of social features and participation in interactive forums
• By registering as a member of our Website, you may be able to participate in social features of the Website (as available from time to time). If you do so, you agree to abide by the terms set out below.
• You acknowledge that any information or material submitted by you to the Website is and will be treated by us as non-confidential and non-proprietary and we may use that material without restriction.
• When you submit social content material (like posts and chat, not your music itself) to the Website, you assign all copyright in the material to us.
• You are responsible for protecting the confidentiality of your member details and password. You are responsible for all activity that occurs using your member profile.
• You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
• You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, misleading, deceptive, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable.-You agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members.
• You agree not to impersonate any other person.
• You agree to provide current, accurate and up-to-date information about yourself as required under these terms.
• You agree not to post or transmit any unsolicited advertising or promotional materials.
• You will not post or transmit any material in which the copyright is owned by another person or entity and. You warrant that all material posted is your original work and not sourced from any third party.
• You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
• You accept that any material or information provided by you may be posted in the Website for any other members or guests to view, download, format-shift, listen to and share.
Illegitimate play volume
The primary purpose of Emanate is to give creators and their business partners easy access to music industry benefits such as collaboration opportunities and quick monetisation. One of the primary goals of Emanate is to provide fair, accurate and transparent payments to users based on authentic engagement from their fans and followers and other platform users. For this reason, there is a strict zero-tolerance approach to any form of illegitimate play activity, including but not limited to; click farms and play farms that create fake play activity, play swapping, play buying, excessive play repeats, track duplication, track manipulation or any other technique that is deemed by the Emanate community (including the team and representatives) as unfair.
Playback statistics will be monitored to search for outliers, IP addresses will be blocked and blacklisted. Playback will be measured against front-end analytics and server-side logs.
Blockchain Music Pty Ltd reserves the right to remove tracks and accounts associated with unfair activity, freeze funds and blacklist users.
Our rights if you breach these terms
As a content-hosting platform, we can attract significant liability if you do not abide by the rules set out in this Part B. Accordingly, you agree to indemnify us, or related corporate entities, and the directors, staff and contractors of all of us against any loss, damage, cost, expense or liability however incurred arising in connection with your breach of this Part B (including caused by third party claims against us alleging that content you posted to the Website infringes these terms and conditions).
Our role – copyright infringement
We are not responsible for any user-generated content posted on, or available through, the Website. We are entitled to monitor and moderate any user-generated content, however we are not required to do so at all, or at any particular frequency or in any particular manner. We will not enter into discussion about the basis of any moderation decisions, which we make on a final basis in our sole discretion.
We do not warrant that we will respond to questions or comments submitted by you to our Websites. If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
We do not warrant that any material you submit to the Website will be protected against loss, misuse, or alteration by third parties. We do not warrant that we will post your information or material to the Website. If we elect in our sole discretion to post your material to the Website, we do not warrant that the material or information you submit will be posted within a certain time frame or at all.
We maintain a repeat-infringer policy. If we receive a valid notification alleging copyright infringement, we will notify you and will investigate the allegation. If you receive two or more of these notices, then we may terminate your access to the Website without further notice and without liability to you. We may also be required by law to take enforcement action, and it is our policy to comply fully with all law enforcement investigations and requests.
Part C – Payments
A key aspect of the Emanate platform is the ability to post your own audio content, and to receive payment for the playback of that content.
To be eligible to post content and receive payment, you must first register as a user of the Website as set out in Part B above, and apply as an artist as described at https://support.emanate.live/ Your application will also be reviewed by the Emanate Representative team and will be subject to scrutiny, you may need to provide identity verification via social media proof and/or official government issued ID.
Payment rates for content varies frequently due to the algorithms employed to handle payments. We do not guarantee any minimum level of payment (either at a unit rate or overall). We are not responsible for promoting your content, that – and the number of listens you receive - is up to you.
If you wish to subscribe to the Website, you have to pay the applicable subscription fee for the Tier that you subscribe to. If you hold EMT tokens, you may be permitted to offset some or all of that fee (as agreed by us). We may also provide free trial arrangements, to offset those fees.
You can cashout from the Website using any of the methods we make available from time to time. If you hold EMT tokens, it is up to you to determine when to withdraw tokens and value from the Website at the time that suits you (we are not responsible for the value of tokens outside the Website).Each registered user on a paid plan must maintain a linked and valid credit card (or other approved method from time to time) through which payments for the Website subscriptions can be made, and must ensure the details of that account are kept up to date.
Blockchain Music Pty Ltd, the Application or a third party payment system provider will maintain a register of payment status for convenience, but the accounts behind the payment methods are operated separately from us and we are not responsible for their operation, balances or accuracy.
If we cancel your registration in accordance with these terms, you may forfeit any value assigned to your account and we are not liable to you in any way. If you choose to end your use of the platform or Website, it is your responsibility to withdraw any token value from the website prior to the cancellation of your subscription, using the tools available on the Website or your own wallet functionality.
You understand and agree that crypto-currencies and other electronic transactions may be subject to different laws around the world, and it is your responsibility to ensure your use of the platform and Website are conducted in accordance with any laws that apply to you.
Tax generally
You are responsible for all of your own taxes arising from your use of the Website, including any liability you have for income taxes, GST or similar consumption taxes, taxes on financial products (including crypto-currencies) or taxes on capital or capital gains.
Additional legal terms
The rights and obligations of the parties under these terms do not merge on completion of any transaction contemplated by these terms. Termination of these terms will not affect any accrued rights or remedies of the parties (noting that rights to Virtual Land will be extinguished in accordance with these terms).You must not (nor purport to) assign, in whole or in part, or novate your rights and obligations under or in connection with these terms without our prior written consent.
We may subcontract our obligations under these terms, and assign or novate our rights or obligations under these terms.
A clause or part of a clause of these terms that is illegal or unenforceable may be severed from these terms and the remaining clauses or parts of the clause of these terms continue in force.
These terms supersede all previous agreements about their subject matter. These terms embody the entire agreement between the parties.
In these terms:
• the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
• no rule of construction applies in the interpretation of these terms to the disadvantage of the party preparing the terms on the basis that it put forward this agreement or any part of it; and
• a reference to a party is a reference to that party, and a reference to the parties is a reference to both parties.
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