OK, before we kick this all off, please take a moment to familiarise yourself with these important terms and conditions which govern how Moshcam is provided to you and what your rights and obligations are. Once you’ve done that, sit back and enjoy the ride!
Who we are and what we do
(Who we are) ‘Moshcam’ is a subscription video on demand service that provides a broad range of music related content to discerning fans such as yourself and we do that by streaming our content over the internet to a range of internet connected devices. We’re based in Sydney,Australia and the Moshcam service is provided to you by Moshcam Pty Limited ABN 99 145 552 398
(Where you can get our service) A list of the internet connected devices on which the Moshcam service is currently available(either through a web browser or via the mighty Moshcam app, which may need to be downloaded and installed on the relevant device) can be found at your favourite app store. We can change that list at any time, but we won’t remove a device without giving you at least 1 month’s notice.
(Some obvious pre-conditions) It should go without saying, but we’ll say it anyway - to access all the goodies that Moshcam has to offer, you need to be connected to the internet, be using one of the supported devices (we’re not everywhere just yet) and, if necessary, have downloaded and installed the Moshcam app for that device. No refunds if you can’t get the Moshcam service as a result of not ticking all those boxes – so check first!
(Creating an account) By registering with us and creating an account (and why wouldn’t you want to do that?), you are entering into an agreement with us under which we will make the Moshcam service available to you on these terms.
(What makes up our agreement) The agreement between us is made up of:
· Your registration and account details;
· These terms and conditions; and
(Types of accounts we offer) We currently offer two typed of account:
· Basic Account. All users (including those intending to subscribe or rent) must first register for a Basic Account in order to access any content, including free content. There is no requirement to provide credit or debit card details in order to create a Basic Account, but you will need to provide a verifiable email address. A Basic Account can be used to purchase a Show Pass or can be upgraded to a paid Premium Account; and
· Premium Account. Users who upgrade to a Premium Account (which requires the payment of a periodic subscription) are able to access all content on Moshcam without restriction during the period of subscription (currently monthly or annually) provided the relevant subscription fee is paid.
(How you accept our agreement) We don’t need you to sign anything or formally agree to the Moshcam agreement. It’s very easy - by registering for a Basic Account (for the current terms) or accessing our service (for a Premium Account or Show Pass), you will have agreed and accepted the then current terms of the Moshcam agreement. What could be simpler – no messy paperwork!
(Terms maybe updated) We may, from time to time, need to change some of these terms, which we can do at any time provided we give you at least 1 months' notice of any material change. The changed terms will automatically apply from the date such change comes into effect. If you continue to access the Moshcam service after that day, you will be regarded as having agreed to those new terms.
(How long the agreement continues) The agreement commences on the date you create a Basic Account and continues indefinitely unless and until you decide to cancel (no, surely not!). If you are a subscriber and a subscription payment is not made for some reason, we can exercise our right to cancel (see Cancellation and Suspension section below) – so please make sure your payment/credit card details are kept up to date.
OK, a few other requirements that must be satisfied before we can provide you with the Moshcam service:
· You have to be at least 18 years of age to sign up (sorry kids, ask your parents!);
· You have to first set up a Basic Account with a password (which you can do through the website or the app) and give us a valid email address and other account details that we ask for on registration – you can access your account details and update them at any time. From a Basic Account you can upgrade to a Premium Account (subscription) or purchase a Show Pass to watch a particular show;
· If you decide to subscribe with us (including through an in app purchase) you will have to upgrade to a Premium Account at which point you will be required to provide details of a valid credit or debit card and keep it current. Subject to any trial period or other promotional offer which might be available to you, you will have to pay the current subscription fee (see the section on Payment below – it’s pretty simple).
· If you purchase a Show Pass from us (including through an in app purchase) you will also have to provide details of a valid credit or debit card and pay the rental free prior to access.
Using the Moshcam Service – Things To Be Aware Of
(Your personal use only) The Moshcam service and all the content on that service is provided to you for your personal use only and your account is non-transferable. This means that, for example:
o You can't use the Moshcam service for commercial purposes (such as playing our great content as part of the entertainment provided in commercial premises like bars and cafes); and
o You can't share your login details (including your password) with anyone else (although you can, of course, have a bunch of friends around to watch!). You are responsible for all activity on your account, so please let us know if you think your account has been compromised (and, in any event, change your password immediately).
(No downloading or copying) The Moshcam service and our content is provided to you for viewing purposes only, and only in accordance with our reasonable directions from time to time. Except if we expressly permit it (and then only as we permit), you must not download or attempt to download or otherwise make a copy of any of the content on our service (or any part of that content, including audio files).
(Hands off the DRM) You must not attempt to circumvent or remove the digital rights management or similar technology employed by Moshcam to protect its service and its content.
(Ownership of rights) All rights in the Moshcam service and the content on our service (including copyright and trademarks) are owned by Moshcam or its licensors, and (except of course for your limited right to access the Moshcam content under this agreement) are reserved to us and them. You must not do anything which adversely affects those rights including infringing copyright.
(The Moshcam app) We give you a limited licence to install the Moshcam app for the purpose of accessing the Moshcam service and viewing the Moshcam service. You must not attempt to copy, decompile or reverse engineer the software for that app. We may upgrade the software for the app from time to time and you may need to install that update to continue accessing the service (and if you decide not to install, then you may not be able to access the new features or may not be able to access the service at all).
(Internet charges – all yours) You are responsible for all internet and mobile data charges and other costs you may incur in accessing the Moshcam service.
(Content, like the wind, changes) The content that we offer may change from time to time without notice and we can’t guarantee that any particular show or other piece of content will always be available.
(Sometimes the service may be offline) As Moshcam is delivered to you over the internet, we may need to undertake maintenance or upgrades from time to time which might result in the service being unavailable for a period. And sometimes accidents happen, and we go offline unexpectedly. Whilst we will obviously do all we reasonably can to avoid or limit the impact of such events, we can’t guarantee that they won’t happen. Sorry.
(We need to know who you are) The Moshcam service and any of our software (including the app) may track and record your activity on the service (including the content you watch, the devices you watch it on and your internet address). We use this information to verify your entitlement to use the service and to optimise the viewing experience for you.
(Newsletter) When you create a Basic Account, you consent to us adding you to our database of users to receive communications from us including our regular newsletter providing information on such things as new releases, catalogue highlights and other information and offers that we consider will be of interest to you. You can opt out of the newsletter list by following the 'unsubscribe' link included at the foot of each newsletter.
Free Trial Periods and Other Promotional Offers
(Free things at times) We may, at various times, offer free trial periods or other promotional offers to new subscribers and may also offer existing subscribers free bonus periods or other benefits.
(But we can change them) These offers may be made, changed or withdrawn at any time – and it will be entirely at our discretion as to whether any such benefit is available to a particular subscriber.
(Free trials are only for new users) As the name suggests, free trial periods are offered to people to help them assess whether or not a Premium Account is for them. We love our subscribers and are always thinking of other benefits we may offer at various times. However, free trial periods (if and when offered) are definitely for new subscribers only.
(You need to track when your free period ends) If you are entitled to a free trial period (remember, for new subscribers only) or free bonus periods (which we may make available for existing subscribers as well), it is your responsibility to know when the trial period ends and the payment period begins (or begins again for existing subscribers). We will begin billing you (as set out in the Payment section below) immediately on the conclusion of the free period unless you cancel your subscription before the end of that free period.
(Your card is charged in advance) When you upgrade your Basic Account to a Premium (subscription) Account or purchase a Show Pass from us, you will be required to provide your payment details (credit card or debit card) either to us (if you’re subscribing with us or renting from us directly) or to one of our app distribution partners in the case of in app purchasing (if we offer that). By providing us or our partner with those payment details, you authorise us or them to charge payment to your nominated card (and at the beginning of each subscription period, for subscription plans, or rental period). For example, if you have nominated a monthly subscription plan, then the monthly subscription fee will be charged to your nominated card at the start of each monthly period.
(Access periods) For our Premium Account holders, we currently offer two plans – a monthly subscription or an annual subscription. Provided that the subscription fees are paid for the relevant month or year, as the case may be, Premium Account holders are entitled to unlimited access to the full Moshcam service during the period or periods that a subscription remains active. With a Show Pass, you can choose to watch a specific show. Please note that you will only be able to watch the selected show. You will not be able to change your selection once made and there are no refunds. You will have 30 days from payment to start watching the chosen show and 48 hours of unlimited watching once you start.
(Calendar problems - monthly subscribers) As luck would have it, not all months are created equal. So, if you commence your monthly subscription on the last day or a month and that day that doesn’t occur in a subsequent month (such as the 31st), your subscription will be automatically renewed on the last day of that subsequent month.
(When payment starts for new subscribers or Show Pass) In the case of new subscribers, your first subscription payment will occur immediately upon the creation of your Premium Account OR, if we offer (and you qualify for) a free trial period, immediately upon the conclusion of that free trial period unless you cancel your subscription before the end of that trial period. For those watching specific shows with our Show Pass, your watch period commences immediately on payment. You will have 30 days from that time to commence watching. Once you commence watching, you can watch an unlimited number of times within the following 48 hour period.
(When payment resumes for current subscribers) If we give any subscriber a free bonus period, the bonus period will commence at the end of the paid period during which the bonus period was awarded. Subscription payments will resume automatically at the end of the bonus period unless you cancel your subscription before the end of that bonus free period.
(Tax is usually included) Unless otherwise stated, all subscription fees are inclusive of GST or other value added taxes, but not local sales taxes that we may be required to add by law.
(Changing fees or plans) We may change or increase the subscription fees or the subscription plans at any time provided we give you at least one month’s notice of the change (unless the increase is required by law, such as a tax increase, in which case we’ll give you as much notice as we reasonably can). We may change or increase the Show Pass fees at any time without notice, but any such change will not apply to any rental for which payment has already been made as at the date of such change.
(Keep your card details up to date or you might lose out) It is your responsibility to keep your payment details up to date (so don’t forget about us when you get a new credit or debit card!). If your card can’t be charged for any reason or if a charge is declined, we reserve the right to suspend or cancel your subscription. If we suspend your account and we receive payment during that suspension period, we’ll reinstate access (including to your saved playlists) and the billing cycle will recommence from the date we received that payment. If we cancel your account for non-payment, you will need to create a new Premium Account to access the Moshcam service again.
Cancellation and Suspension - Premium Accounts
(Only Subscribers can cancel) We don't offer cancellations or refunds for Show Passes - so choose wisely!)
(If you must go) As much as we’d hate to see it happen, you can cancel your subscription at any time – just go to your account profile on either the website or the app, select My Plans and follow the easy prompts.
(If you cancel during a free period) If you cancel during a free trial or a free bonus period (if offered), that cancellation will be effective immediately, your account will be closed and no charge (or no further charge in the case of existing subscribers) will be made against your payment method.
(If you cancel during a payment period) If you area paying subscriber, your subscription and your Premium Account will be closed at the end of billing period during which you cancel (and your account will revert to a Basic Account), no further subscription fees will be charged and no access to the Moshcam service will be available after the end of that billing period (except, of course, as permitted under a Basic Account). There are no refunds on any subscription fees already paid to us when you cancel.
(We might have to cancel or suspend) We may cancel or suspend this agreement or your account at any time for any reason including:
· Security, legal or technical reasons;
· If you use the Moshcam service for purposes other than your personal use;
· If you breach this agreement;
· If you infringe our copyright or the copyright of any of our licensors by using the content in a way not permitted under this agreement; or
· If we reasonably believe you to be using the service for illegal or fraudulent purposes.
(When our cancellation or suspension takes effect) If we cancel or suspend with immediate effect, we will refund the unexpired balance of the subscription fee paid for the current billing period (if any). In all other circumstances, the cancellation or suspension will take effect from the end of the then current billing period and no refund will be provided.
(No liability basically) To the maximum extent permitted by law:
· The Moshcam service and associated content is provided to you as is, with all faults (if any) and without warranty;
· We don’t guarantee or represent accuracy, completeness of information or content that we supply;
· We don’t guarantee uninterrupted access or error free access to the service;
· We exclude all other terms or warranties, whether express or implied by law; in relation to the provision of the Moshcam service; and
· We will not be liable for any loss or damage whatsoever, however caused, which may arise directly or indirectly from the use of the Moshcam service.
(But there are things we can’t exclude) Despite the above, we can’t and don’t seek to exclude or limit any rights you may have at law, including the Competition and Consumer Act 2010 (Australia) which cannot be excluded.
Some Final Things
(We can transfer) We can transfer all of our rights and obligations (or any of them) to any person or company. However, this agreement is personal to you and is non-transferable by you.
(Headings are just a guide) The headings (including paragraph headings) are for illustration only and don’t operate to limit the terms of the agreement – so please read the terms!
(The law of the agreement) This agreement is covered by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state.
That’s all folks!