Terms and Conditions
Welcome to Open Soul Records. By accessing or using our website and services, you agree to be bound by the following Terms and Conditions. These terms are governed by the laws of Australia, ensuring compliance with relevant regulations, including the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth).
If you do not agree with these Terms and Conditions, you must not use our website or services.
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1. Introduction
Open Soul Records ("we," "our," or "us") is an independent record label providing services including but not limited to music production, distribution, artist management, and other related activities. These Terms and Conditions apply to all users ("you" or "your") of our website and services.
Additional terms may apply to specific services or contracts and will be provided as required.
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2. Eligibility
You may use our services if you:
Are at least 18 years old or have reached the age of majority in your state or territory of residence;
Have obtained parental or guardian consent if you are under 18 years of age; and
Are legally able to enter into binding agreements under Australian law.
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3. Artist and Service Agreements
Artists and service providers working with Open Soul Records will be required to enter into separate agreements outlining specific rights, obligations, and terms, including:
Intellectual property ownership and licensing;
Royalty structures and payments; and
Dispute resolution procedures.
These agreements will take precedence over these general Terms and Conditions where applicable.
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4. Intellectual Property Rights
All music, lyrics, recordings, visuals, and other intellectual property created under Open Soul Records are protected under Australian copyright laws. Ownership rights will be governed by the specific artist or service agreements.
No content, including text, images, and audio from our website, may be reproduced, distributed, or modified without our prior written consent.
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5. Website Use
When using our website, you agree to:
Access the site and its content for lawful purposes only;
Not engage in any activity that could harm the website’s functionality or security; and
Comply with applicable Australian laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).
Unauthorized use or interference with our website may result in legal action.
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6. Consumer Rights and Guarantees
Our services comply with the Australian Consumer Law, which provides statutory guarantees that cannot be excluded. If a service we provide fails to meet a statutory guarantee, you may be entitled to a refund, replacement, or compensation for loss or damage.
If you believe our services do not meet these guarantees, please contact us immediately to resolve the issue.
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7. User Submissions
If you submit any content to Open Soul Records, including demos or other creative materials:
You grant us a non-exclusive, royalty-free, and revocable license to review and consider your submission.
Open Soul Records is not obligated to accept, respond to, or compensate for unsolicited submissions.
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8. Payments and Royalties
Payment and royalty arrangements will be governed by specific agreements entered into with artists or collaborators.
Payments will comply with relevant Australian tax laws, including GST (Goods and Services Tax) requirements where applicable.
Any disputes regarding payments must be raised in writing within 30 days of receipt of payment.
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9. Privacy and Data Protection
We collect, store, and use personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By using our website, you consent to the collection and use of your data as outlined in the policy.
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10. Limitation of Liability
To the maximum extent permitted by Australian law, Open Soul Records is not liable for any indirect, incidental, or consequential damages resulting from:
Your use of or inability to access our services or website; or
Unauthorized access to your data, unless caused by our breach of legal obligations.
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11. Indemnity
You agree to indemnify and hold harmless Open Soul Records, its employees, agents, and affiliates from any claims, damages, or legal fees arising from your use of our website or services in breach of these Terms and Conditions.
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12. Termination
Open Soul Records reserves the right to terminate or suspend your access to our website or services without notice if:
You violate these Terms and Conditions; or
You engage in unlawful or unauthorized activities.
Termination does not affect any rights or obligations accrued before the date of termination.
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13. Governing Law
These Terms and Conditions are governed by the laws of the Commonwealth of Australia. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Australia.
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14. Updates to Terms and Conditions
We may update these Terms and Conditions from time to time to reflect changes in our practices or Australian laws. Updates will be effective upon posting on our website. Continued use of our services constitutes your acceptance of the revised terms.
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15. Contact Us
If you have questions or concerns about these Terms and Conditions, please contact us:
Email: Support@opensoulrecords.com
Phone: 0505254256
Acknowledgment
By using our website and services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.