- To access or use the My Media Marketplace website, producers, their agents or photographers must register as a member of My Media Marketplace.
- Website access is available across the industry.
- When registering as a listing member you must provide us with accurate, complete and up to-date registration information, as requested. It is your responsibility to update or inform My Media Marketplace of any changes to your profile information.
- These terms and conditions apply to all listings or advertising provided to any Business Partner (customer) by My Media Marketplace . Business Partner includes any agent who places an advertisement or listing on the website on behalf of any other person or entity.
- My Media Marketplace may change the terms and conditions at any time. If this occurs, the new terms and conditions will be posted on My Media Marketplace . Your continued use of the My Media Marketplace website will constitute your acceptance of the changes to the terms and conditions.
- You use the My Media Marketplace website at your sole risk.
- We will not be liable for loss resulting from any action or decision by you in reliance of the information on My Media Marketplace, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties or malfunction of equipment or software.
- Agreement means the agreement between My Media Marketplace and the Business Partner.
- Business Partner means the person or company who is utilising the My Media Marketplace website services either as a Listing person, a film & TV production entity, a photographer, a representatives or service provider.
- My Media Marketplace means My Media Marketplace contactable through email@example.com
- My Account means the section of the My Media Marketplace website that allows the individual or company to view their account.
This Agreement commences on the day your account becomes active.
The Agreement will continue from the date of commencement until you remove your listing(s). This is defined as the Term of the Agreement.
SERVICES TO BE PROVIDED
- During the currency of this Agreement, My Media Marketplace will maintain the website and relationships with Producers, photographers, Agents, Representatives and Media Industry Service Providers.
- My Media Marketplace will provide you with a user name and password, at your selection.
- My Media Marketplace provides a website facility for Producers, photographers or their Agents to seek properties, animals or props or original music utilising the My Media Marketplace proprietary software and website.
- My Media Marketplace provides a website facility for Producers to profile their productions and search for properties, pets, trained animals, vehicles or props and original music.
- My Media Marketplace provides a website facility for Service Providers to Marketplace their product and services to the My Media Marketplace media database.
ADVERTISING & THIRD PARTY WEBSITES
My Media Marketplace may feature or display links to Business Partner websites. Member websites do not form part of My Media Marketplace and are not under our control or management. We do not accept any responsibility for such websites. You use these websites entirely at your own risk. My Media Marketplace may feature or display Business Partner advertising, by featuring or displaying such advertising we do not in any way represent that we endorse or recommend the relevant Business Partner advertiser and their product and services. If you contact a member of My Media Marketplace using the website functionality including e-mail we do not accept any responsibility for any communications or transactions between you and the relevant registered member.
FEES & PAYMENT
Hirers agree to pay the full fees into the My Media Trust Account prior to the hire. Additions or extensions to the hire must be negotiated and paid for prior to their useage. On completion of the hire, the full fee will be paid into the Listers designated bak account, less a 20% service fee.
All funds must be paid into and paid from the My Media Marketplace Trust Fund.
CONFIDENTIALITY / DATABASE OWNERSHIP
Both parties hold each other’s Confidential Information in strict confidence and may not make or suffer or permit the making of any disclosure (whether direct or indirect) of that information or part of it without the other’s prior written consent. Producers and photographers agree to share commercial information if approved by the Producers or Photographer Business partner with each other as determined by My Media Marketplace regarding search criteria, subject to that information being compatible.
My Media Marketplace will keep agreed commercial terms information between the parties (producers, photographers and listing persons) strictly confidential and only use the information in a consolidated form ensuring the identity of either party is not disclosed.
LIMITATION OF LIABILITY
Without affecting any of your statutory rights that cannot be lawfully excluded, My Media Marketplace and its Directors will not be liable for any loss, damages, claims or expenses whatsoever, irrespective of whether direct or indirect or consequential, whether arising from My Media Marketplace’s actions or failure to act from the direct or indirect usage of the My Media Marketplace owned or operated websites. My Media Marketplace only provides marketplace services for its partners and has no relationship with, makes no representations as to the suitability of and bears no responsibility for, any person or company who makes a placement of an advertisement or portfolio on the My Media Marketplace website.
My Media Marketplace furthermore accepts no responsibility for the outcome of advertisements placed on their website.
My Media Marketplace will use its best endeavours to maintain the website fully operational.
My Media Marketplace may terminate this Agreement by written notice to business partners:
- If the business partner fails to make any payment due to My Media Marketplace,
- If the business partner fails to perform or observe or breaches any obligation or undertaking in this Agreement (other than an obligation to make payment to My Media Marketplace and does not remedy the failure within 14 days of receiving written notice.
- A Business Partner may terminate this Agreement by written notice to My Media Marketplace.
- No refunds will be given unless the refund is a result of a statutory warranties claim.
Upon termination of this Agreement for any reason:
- My Media Marketplace may immediately deactivate the Business Partner from the My Media Marketplace website;
- The Business Partner must immediately pay My Media Marketplace all amounts due without setoff or deductions.
A Business partner may terminate this Agreement immediately by written notice to My Media Marketplace:
- If My Media Marketplace fails to perform or observe or breaches any obligation or undertaking in this Agreement and does not remedy the failure within 14 days of receiving written notice from the Business Partner.
Upon termination of this Agreement for any reason:
- My Media Marketplace may immediately de-activate the Business Partner from the website. The Business Partner must immediately pay My Media Marketplace all amount due without set off or deductions.
COOLING OFF PERIOD
This Agreement is subject to a cooling off period of 5 days during which you may cancel this Agreement without penalty. If you wish to cancel this Agreement, you must do so by written notice delivered by hand, mail, or e-mail to the My Media Marketplace address contained in this Agreement. No refunds will apply.
GOVERNING LAW & JURISDICTION
This Agreement is governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any claim or objection based on absence of jurisdiction or inconvenient forum.
Unless stated to be otherwise, charges referred to via My Media Marketplace are stated as exclusive of GST. Where GST applies to any service made to you, we will add the applicable GST and issue you with a tax invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (“Act”). Tax invoice means tax invoice as defined by the Act.