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 here. 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
· Our PrivacyPolicy (which sets out what we can and can’t do with your personal information).
(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 accessing our service, you will have agreed and accepted the 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 month’s 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 continues indefinitely for subscribers (provided the subscription fees are paid, of course!) 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 set up an 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;
· If you decide to subscribe with us (including through an in app purchase) or rent one of our shows, you also have to provide details of a valid credit or debit card and keep it current; and
· Subject to any trial period or other promotional offer which might be available to you, you have to pay the current subscription fee or rental fee, as the case may be (see the section on Payment below – it’s pretty simple).
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 you can’t, for example:
o 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);
o 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.
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 the service 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 create a subscription account with us, upgrade your existing account to a subscription account or rent a show 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 directly) or to one of our platform partners in the case of in app purchasing if we offer that. By providing us or our platform 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). 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.
(Calendar problems) 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 rentals) In the case of new subscribers, your first subscription payment will occur immediately upon the creation of your subscription 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 renting specific shows, your rental period commences immediately on payment. You will have 30 days from that time to commence watching. You can watch an unlimited number of times within the 48 hour period which commences when you first start watching.
(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 rental 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 account to access the Moshcam service again.
Cancellation of Subscriptions and Suspension
(Subscribers only) We don't offer cancellations or refunds for rentals - 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 account will be closed at the end of billing period during which you cancel, no further subscription fees will be charged and no access to the Moshcam service will be available after the end of that billing period. 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!