Terms & Conditions

1. Acceptance of our Terms

By visiting, viewing, accessing, registering with or otherwise using the Polyphonic app and/or website (together, the “Platform”), including any of the materials, data, information and services made available via the Platform (together, the “Services”), you agree to be bound by these Terms and Conditions of Use (“Terms of Use”).

Users of the Platform and Services (collectively and individually referred to as “users” or “you”) understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and Polyphonic Systems PTY LTD 60 670 137 783 (“Polyphonic”, “we”, “our” or “us”).

If you do not want to be bound by our Terms of Use, do not access or use the Platform or Services.

2. Provision of Platform and Services

The purpose of the Platform is to facilitate the scheduling and booking (“Booking”) of events, including gigs, concerts, recordings (“Events”) between Users, including creative industry professionals, including musicians, bands, performing artists, venues, booking agents and managers.

Users can use the Platform to: (a) communicate with other Users; (b) search for other Users; (c) schedule Events; (d) be notified of upcoming Events; and (e) invite other Users to perform at Events.

Users enter into their own commercial relationship in relation to the Booking of Events, on terms negotiated and agreed between them. We are not an agent, representative, or manager and we do not enter into an agreement with any User in connection with any Event. We do not accept any responsibility or liability in connection with any Event, including the terms of any Booking agreement between Users or the performance (or non-performance) of a User at any Event. We make no representation or warranty in respect of the success of any Event, or the suitability of any User for an Event, or the business, creative or commercial performance or outcome for any User. Users are solely responsible (and assume all liability and risk) in connection with Bookings and Events.

3. Registering an Account

In order to access and use all the functions of the Platform and Services, you must complete the registration process and provide all requested information and details in order to set up your Platform account (“Account”).

Without limiting the registration details we may require, you acknowledge that we may require you to provide us with: (a) your personal or company profile, including your individual or entity name, biography, photo or cover image, and audio or audio-visual ‘demo’ content; (b) an email address; (c) a password; and (d) your phone number.

We reserve the right to refuse or cancel registration of an Account for any reason in our sole discretion.

All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible, or incomprehensible Account registrations will not be valid.

You promise to keep your Account login details (including password) confidential. You must not let any other person use your Account and you must not use any other person’s Account. You must let us know immediately if you become aware of any unauthorised use of your Account or our Platform or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

If you are creating an Account on behalf of a company, artist, venue, band, industry professional or other entity, you must have written authorisation to create an Account on behalf of any such entity. Only one account may be registered per entity, and any entity with multiple accounts will be deleted.

If a legal entity such as a company has created an Account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms of Use. If you wish to change the Account owner, you must provide us with a written request to transfer ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You acknowledge that the information in your Account profile will be accessible on the Platform to Account holders on the Platform, including any ‘demo’ material you upload onto the Platform.

4. Use of the Platform

Once an Account is registered, Users may access and use the Platform for the purpose specified in these Terms of Use. You may not use the Platform or Services in any manner which are inconsistent with the purpose of the Platform.

You promise that all information you provide on, or in connection with, the Platform and Services will be (and will be kept) true, accurate, current and complete.

You promise that you will act honestly and in good faith and will not provide any misleading or deceptive (whether express or implied) information (including withholding information) in connection with your Account or when communicating with other Users.

You agree and acknowledge that we may modify, delete, improve, update or discontinue the provision of the Platform and/or any Services at our sole discretion and without notice to you, even if it may result in you being prevented from accessing the Platform or any Services. We are not responsible or liable for any loss or damage in connection with any loss of access to the Platform or Services, including any breach, non-performance, or loss of opportunity in connection with a Booking or Event. We are entitled to provide the Platform and Services to you through subsidiaries, affiliates, agents or third parties.

The Platform is designed for use by people aged 18 years and over. Users under the age of 18 years may only use the Platform with the consent of a parent or legal guardian. We reserve the right to refuse registration from individuals under 18 years of age or, in any event, to seek further information from you to verify your eligibility to use the Platform.

Full use of the Platform is dependent upon your use of a supported computer or mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Platform and the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges.

5. Ownership of Copyright and Information

Our Content

We own all rights, title and interest (including copyright and other intellectual property rights) in and to the Platform and all content and all associated information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, trade marks and interactive features generated, provided, or otherwise made accessible by us on or through the Services (“Our Content”).

Our Content is protected by all applicable laws, including copyright and trade mark laws, and may not be used by you except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer or assignment of any rights in Our Content to you. You must not copy, communicate or exploit Our Content for any purpose without our prior written consent.

We grant to Users a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Our Content solely for purposes of using the Platform and the Services. Use, reproduction, modification, distribution or storage of Our Content for any other purpose is expressly prohibited.

Our Content is provided for your end use only. You must not sell, license, rent, publish, perform or otherwise use or exploit any of Our Content, or the content of any User, in any manner which is inconsistent with the purpose of the Platform.

Your Content

You own and retain ownership of the copyright in the written posts, comments, text, information, profile, data, photographs, videos, audio clips, and any other creative or literary works which you submit on or through the Platform (“Your Content”).

You grant to us and other Users a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive licence to use Your Content for the purpose of enabling us to operate and provide the Platform and our Services as specified in these Terms of Use. You acknowledge that Your Content will be available for other Users to see and access.

You warrant that: (a) you own the Intellectual Property Rights in Your Content and you have the right to license Your Content to us in the manner set out in these Terms; and (b) Your Content does not contain any representations, information or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive, or defamatory.

You acknowledge that content submitted to the Platform by any other User is owned by that User. You must not use the content submitted by any other User for any purpose (whether personal or commercial) other than for the purpose of participating in the Platform and Services as specified in these Terms of Use. Particularly, you are not allowed to copy, record, modify, sample, repurpose, perform or share another User’s song, demo, recording or video in any manner or context without express written permission.

We may reject, reclassify, or remove any of Your Content where, in our sole opinion, Your Content violates our Acceptable Usage Policy, or if we receive a complaint from a third party and determine that the content in question should be removed as a result.

If you become aware of any content that you believe infringes the law or infringes your or any other person's rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content on the Platform, you must immediately report it to us.

6. Acceptable Usage Policy

You may only use the Platform and our Services for the purpose specified in these Terms of Use and in a manner that is lawful, authorised and acceptable. Without limitation, you must not use (or assist others in using) the Platform or our Services in ways (including in Your Content) that: (a) violate, misappropriate, or infringe the rights of Polyphonic, our users, or others, including privacy, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as advertising or mass-communications, commonly referred to as “spam” or “junk mail”.

You must not (and must not attempt to) directly, indirectly, through automated or other means: (a) alter, edit, interrupt or otherwise interfere with the Platform (including without limitation, by hacking, introduction of ‘viruses’ and/or uploading of spyware or malware or introduction of other harmful code); (b) engage in crawling, scraping, caching or otherwise accessing any content on the Platform via automated means or otherwise; (c) copy, download, adapt, modify, create derivative works based on, sub-license, or otherwise attempt to acquire any part of the Platform or Services or Our Content or any other user content; (d) disassemble, decompile or otherwise reverse engineer the Platform; or (e) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Platform or Services.

We reserve the right to remove Your Content, or to suspend or terminate your Account and/or your access to our Platform if you breach the provisions of this clause, or any of the other provisions of these Terms of Use.

7. No Warranties

You understand and agree that your use of the Platform and Services is entirely at your own risk. To the full extent permissible by applicable law, we do not promise or warrant in any way that:

the Platform will be constantly available, or available at all, or error-free, or free of viruses or other harmful components;
the Platform will be compatible or work with any other software, applications, systems or services,
the Platform will be fit for any particular purpose;
the information on the Platform (or on any related calendar or social media pages) is complete, true or accurate; or
you can rely on or use any information on the Platform or the Services.

We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in Your Content. We do not endorse Your Content.

You acknowledge that third-party platforms, apps and services which are linked to this Platform may be governed by their own terms and conditions, and you agree that it is your responsibility to make yourself aware of, and to comply with, such third-party terms and conditions.

8. Limitation of Liability

To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to the Platform and the Services are expressly excluded. In particular, we are not responsible or liable for any cost, damage or loss incurred by you as a result of using the Services or the Platform, including arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Platform, whether negligent or otherwise.

In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, privacy, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Services or the Platform or the Platform.

If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms of Use, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (i) the re-supply of the Platform or Services; or (ii) the payment of the cost of having the Platform or Services re-supplied.

You agree to indemnify us (including our officers, employees, representatives, affiliates, agents and related parties, together "the Indemnified") and hold the Indemnified harmless from and against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Platform or our Services which the Indemnified may incur including as a result of any breach by you of these Terms of Use or any negligent act or omission by you.

You agree that you will release us and not pursue any action, legal or otherwise, against us in respect of your use of the Platform, and that to the maximum extent permitted by law this provision constitutes a bar to any such actions or proceedings.

9. Termination of Agreement

We may, at any time and for any reason, modify, suspend, or terminate your access to or use of the Platform. Without limitation, we reserve the right to monitor the use of the Platform and communications via the Platform. If you (or your Account) shows signs of fraud, abuse or suspicious activity, we may cancel or suspend the Account immediately. We may also modify, suspend, or terminate your access to or use of the Platform without notice if we believe you have breached these Terms of Use or engaged in any unlawful or other improper conduct in any manner.

Terms that are intended (expressly or implicitly) to continue in perpetuity shall be unaffected by any termination of the arrangement between you and us governed by these Terms of Use.

10. Jurisdiction

You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with the Terms of Use or your use of the Platform.

11. Unenforceable provisions

If any provision of these Terms of Use is deemed to be invalid or unenforceable, then that provision will be removed or read down and amended, and the remaining provisions will continue to be valid and enforceable.

12. Changes to these Terms of Use

We reserve the right to modify these Terms of Use from time to time at our sole discretion and without any notice. We will endeavor to notify you of any changes to these Terms of Use, but you agree to regularly check these Terms of Use for updates. Changes to these Terms of Use become effective on the date they are posted and your continued use of the Platform after any changes to the Terms of Use will signify your agreement to be bound by the amended Terms of Use.

13. Relationship

Nothing in these Terms of Use is intended to create, nor does create, a partnership, agency, employment or fiduciary relationship between us and you (or any User of the Platform).

14. Contact

You may contact us at: [email protected]