Terms and Conditions for Musicians and Music Stores

1. About This Agreement

This agreement sets out the terms and conditions for musicians and music store owners using BuyTunes.online to sell music downloads. Each sale also grants the buyer ongoing streaming access to the purchased tunes through their My Tunes Library, at no additional cost to the buyer and with no change to your payout. By uploading music or images to the site, you agree to these Terms. We may update these Terms at any time — changes take effect immediately upon posting.

2. Your Music and Image Rights

When you upload music (original or cover versions) or images to BuyTunes.online, you unconditionally agree that:

• You own or control all rights to your music and images, or they are in the public domain, or you hold a written licence to use, sell, and distribute them
• You have full authority to act for all owners of any right, title, or interest in the content you upload
• You have permission to use the name and likeness of every person featured in your music or images
• You are authorised to grant all of the above rights to BuyTunes.online and its users
• Your uploads do not infringe upon any third-party rights, including publicity, privacy, copyright, contract, or intellectual property rights
• If you are a songwriter (sole or co-writer), you hold full rights, power, and authority to display and sell those musical works on BuyTunes.online

3. Your Indemnity

If you have not complied with any of the terms in Section 2, you are responsible for indemnifying and holding BuyTunes.online exempt from all claims arising from the upload or sale of your music or images, including all court costs and legal fees.

4. Intellectual Property

You warrant that all material you supply to BuyTunes.online does not infringe any third-party intellectual property rights, and you indemnify BuyTunes.online against any losses arising from such infringement.

5. Marketplace Disclaimer

BuyTunes.online is a marketplace platform — we are not the buyer or seller in any transaction between musicians and music fans, and we are not the agent of either party. We are not responsible for resolving disputes between participants. Musicians are individually responsible for compliance with all applicable consumer rights laws in Australia, New Zealand, the US, EU, UK, and any other jurisdiction.

You acknowledge that BuyTunes.online has no control over which users access the site, what content they access, or what actions they take as a result. You release BuyTunes.online from all liability for content acquired or not acquired through the site.

6. Copyright Infringement

If you believe your work has been copied in a way that constitutes copyright infringement, contact us at [email protected] with:

• An electronic or physical signature of the person authorised to act on behalf of the copyright owner
• A description of the copyrighted work that you claim has been infringed
• A description of where the infringing material is located on the site
• Your address, telephone number, and email address
• A good-faith statement that the use is not authorised by the copyright owner, its agent, or the law
• A statement of accuracy under penalty of perjury, confirming you are the copyright owner or authorised to act on their behalf

7. Privacy & Use of Information

Your use of the site is subject to our Privacy Policy, available on the website. BuyTunes.online reserves the right to use information regarding your site usage and information you provide in any manner consistent with our Privacy Policy. You agree to comply with all applicable laws regarding your use of the site, and that all information you provide is truthful and accurate.

8. Disclaimer & Limitation of Liability

The site and all services are provided “as is” without warranty of any kind. BuyTunes.online is not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the site, including but not limited to loss of profits, data, or business reputation. This exclusion applies except where liability cannot be excluded under Australian Consumer Law.

9. Termination

Either party may terminate this agreement by giving 21 days’ written notice. BuyTunes.online may also terminate immediately if you breach these Terms. Upon termination, all accrued rights, obligations, and indemnities survive.

10. Disputes

Before commencing legal proceedings, you must notify us in writing of the dispute. The parties must endeavour to resolve the dispute by negotiation within 21 business days. If unresolved, the parties agree to mediation administered by the Australian Commercial Disputes Centre (ACDC) in accordance with ACDC’s Guidelines for Commercial Mediation. Mediation costs are shared equally; each party pays their own associated costs. All dispute communications are confidential. Each party must continue to perform its obligations during the dispute process.

11. General

Governing Law: These Terms are governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the Australian courts.

Severability: If any provision is found unenforceable, it will be limited to the minimum extent necessary; the remainder stays in force.

Waiver: Failure to enforce any right does not constitute a waiver. Any waiver must be in writing and signed by an authorised representative of BuyTunes.online.

Relationship: Nothing in these Terms creates a partnership, joint venture, or agency relationship. Each party remains an independent contractor responsible for its own actions.

Entire Agreement: These Terms constitute the full agreement between you and BuyTunes.online regarding your use of the site as a musician or music store owner, and supersede all prior communications on the subject.

Contact: For questions about these Terms, contact us at [email protected].