Terms of Use

These terms

  1. These terms of use (Terms) apply to the Screenrights Members’ Portal known as “My Screenrights” (Portal) operated by Audio-Visual Copyright Society Limited trading as Screenrights (ABN 76 003 912 310) (Screenrights).
  2. The Portal is located at https://my.screenrights.org (Website). The Portal allows visitors that have signed up to the Screenrights membership agreement (Members), to access and download royalty payment details, visualise royalty payments in charts and diagrams, carry out royalty searches, view and register programs, view conflicts, update their membership contact details and provide other membership updates. The Portal can also be accessed via a link provided by Screenrights to prospective Members by email for the purposes of applying online for Screenrights membership.
  3. In these Terms:
    • you means you in your personal capacity as a Member or as a permitted representative of a Member or a prospective Member;
    • content means any kind of material, including text, images, sound and information in any form; and
    • enter or post means to enter content, cause the display of or to create a link to content, including through the integration of content hosted elsewhere.
  4. These Terms apply to your use of the Portal. Please read them carefully. By using the Website and by clicking the “I accept” button below, you agree to be bound by these Terms. 

Use of the Portal

  1. Subject to these Terms, if you are a Member you may use the Portal by entering your username and password into the required fields and if you are a prospective Member you may use the Portal by using the link provided by Screenrights to prospective Members by email for the purposes of applying online for Screenrights membership. If you are a Member you must keep the username and password issued to you secret and ensure that no other person uses that username and password and you acknowledge that Screenrights will treat any person using your username and password as use by you for which you are responsible. If you are a prospective Member you must ensure that no other person uses the link provided to you and you acknowledge that Screenrights may treat any person using your link as use by you for which you are responsible.
  2. You must use the Portal and each of its sections appropriately and in accordance with any instructions that appear on the Website. Screenrights has the right to exclude, suspend or limit any Member or prospective Member from any access or use of the Portal at any time in its absolute discretion.
  3. Breach of these Terms may lead to you being suspended or banned from the Portal, or any section of it, or to legal action, at the discretion of Screenrights. Screenrights may inform relevant authorities and service providers if it considers your conduct to be illegal in any respect.
  4. You must notify Screenrights and cease access and use of the Portal if you lose your authority (including by termination of employment) to access the Portal on behalf of the Member or prospective Member in relation to which your access and use has been granted.

Error or inaccuracy and reliance

  1. While Screenrights uses its reasonable endeavours to ensure the accuracy and currency of information displayed on or obtainable from the Portal, Screenrights does not warrant the accuracy or currency of such information. 

Intellectual property

  1. You acknowledge that all intellectual property rights in the material and information made available through the Portal belongs to Screenrights, unless expressly indicated otherwise.
  2. By entering or posting any content on the Portal, you grant to Screenrights a perpetual, irrevocable, non-exclusive world-wide royalty free licence to use and reproduce the content for the purposes of Screenrights exercising its rights and meeting its responsibilities to you.
  3. When you enter or post content, in any format, you warrant that you have all necessary rights, including copyright, in that content.

Privacy

  1. Screenrights respects your privacy. Screenrights will deal with personal information including bank account information and any other personal information provided in relation to, or entered or posted on, the Portal in accordance with its Privacy Policy available at https://my.screenrights.org/privacy and as required by law, including the Australian Privacy Principles under the Privacy Act 1988 (Cth). The Privacy Policy contains information about how an individual may access the personal information held by Screenrights about the individual, may seek correction of such information and may complain about a breach of the APP or a registered APP code (if any), as well as how Screenrights will deal with such a complaint.

Bank details

  1. You understand that Screenrights will make future royalty payments to you directly into the bank account that you provide through the Portal and it is your responsibility to keep those details up-to-date. You acknowledge that royalty payments must be declared for tax purposes. 

Confidentiality

  1. You acknowledge that information on the Portal is confidential to Screenrights except where it is publicly available information. You must take all reasonable precautions necessary to maintain the confidentiality of the information, only use it for the purposes of your dealings with  Screenrights and, where you are a representative of a Member, only disclose it to those employees of the Member who need to know for the purposes of the Screenrights membership agreement. Your obligations under this section do not apply to any information which you can demonstrate is in the public domain other than as a result of a breach of an obligation of confidence to Screenrights.

Liability

  1. Screenrights is not responsible for the conduct, whether online or offline, of any Member or prospective Member.
  2. Screenrights does not warrant and, to the maximum extent permitted by law, excludes all liability for loss, damage, cost or expense of any kind (howsoever caused, including by negligence) arising from or relating to:
    1. your use of the Portal or any inability to access or use the Portal, technical failures, delays in operation or transmission or malfunctions in equipment or software, injury or damage to your computer, equipment or other property related to or resulting from access to or use of the Portal; and
    2. any errors or inaccuracies on the Website or any information communicated by Screenrights by means of the Portal or any loss or corruption of data.
  3. In no event will Screenrights be liable to you or any third party for any consequential damages, including lost profits or damages, arising from your use of the Portal, your reliance on any information on the Portal, any technical failures, delays in operation or transmission or malfunctions in equipment or software, any errors or inaccuracies on the Website or any information communicated by Screenrights by means of the Portal or any loss or corruption of data.
  4. You will, at all times, indemnify and keep indemnified Screenrights, or its designees and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arises out of, in connection with or in respect of any breach of these Terms by you or from the entering or posting of content by you.

General

  1. Under no circumstances will you be, or hold yourself out to be, an agent of Screenrights, and you will have no power to make any form of binding commitment or representation (either express or implied) on behalf of Screenrights. These Terms create no relationship of joint venture, partnership or agency between you and Screenrights.
  2. Screenrights may amend these Terms by substituting amended terms and posting them on the Website. Any such amendment will be effective upon notification to you by any means. At a minimum, notice will be given by posting a notice on the Website to the effect that the Terms have changed. In any event, continued use of the Portal or Website following those amendments constitutes acceptance of the revised Terms.
  3. This contract between you and Screenrights is governed by and must be construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts which has jurisdiction to hear appeals from those courts and waives any right to object to proceedings being brought in those courts for any reason.

March 2014

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