Sanity

1. Introduction
   
   This is the Registered User and Subscription Agreement ("Registered User Agreement") for LoadIt, which is provided to you by Sanity Music Stores Pty Ltd ABN 61 072 187 298 ("Sanity", "we", "our" or "us"). When you register and become a Registered User (as detailed in clause 4 below), or otherwise use any activity, service, feature or function available only to Registered Users, you are agreeing to be bound by and comply with all the terms and conditions of this Registered User Agreement.
   
   
2. Structure of Your Contract with Sanity
   
   This Registered User Agreement contains the terms, conditions, rights and obligations that apply to you, your registration and status as a Registered User and your use of the Service, the Website and the Content in connection with your registration.
   
   This Registered User Agreement is incorporated into and forms part of the Terms and Conditions (available at http://www.loadit.com.au/termsandconditions.aspx), which also incorporates the following documents:
   1. the End User Licence Agreement for Software (which may be accessed at http://www.loadit.com.au/EULA.aspx) (“EULA”);
   2. any other policies which may be posted on our website from time to time, including our Privacy Policy (which may be accessed at http://www.loadit.com.au/privacypolicy.aspx) (“Privacy Policy”) and any other policy as to acceptable use of the Service we offer;
   3. any and all terms and conditions or rules of participation for certain activities and services including, without limitation promotions, award programs, clubs and email (“Rules”); and
   4. any applicable special or supplementary terms relevant to the Service supplied by us under these Terms and Conditions (“Additional Terms”),
as amended or revised by us from time to time (collectively, the “Agreement”). Any terms that are not defined in this Registered User Agreement have the meaning defined in the Terms and Conditions. The term “use” in this Registered User Agreement also refers to your registration in and use of LoadIt as a Registered User.


3. Customer Acknowledgement
   
   By becoming a Registered User you acknowledge that you have read and understood and agree to be bound by this Registered User Agreement. You waive any rights to contest the validity or enforceability of the Agreement or make any claim against us that is inconsistent with it.
   
   If you do not accept and agree to all the terms and conditions of this Registered User Agreement or any aspect of the Agreement, you must not register, or if you are already a Registered User, terminate your registration by contacting us at support@loadit.com.au and you must not engage in any activities or use any of the features or functions of LoadIt or the Website that are only available to Registered Users.
   
   
4. Registration
   
   The term "Registered User" means anyone who has registered with the Service and has obtained a User ID to log into the Service. It incorporates both Basic Registered Users and Paid Subscription Plan Users (please see below for a further explanation of these terms). You do not have to set up either an Account or a Payment Account to obtain a User ID and be a Registered User.
   
   To become a Registered User you must complete the LoadIt registration process. Each Registered User will have a unique User ID, which is the email address and confidential password you provide (or we may assign an initial password which you may change later) when you register (“User ID”). We may provide Registered Users with additional codes or passwords necessary to access and use certain features or functions of the Service or the Website.
   
   You will also be required to submit your first and last name, date of birth and your postcode and we may also require you to provide additional information for security or identity verification purposes. We may also ask you to provide us with information about yourself which is optional, but will enable us to customise the LoadIt experience for you. We will indicate what information is required and what information is optional. The information you provide to us in the registration process, as well as any information you provide during the course of using LoadIt as a Registered User is "Registered User Information."
   
   Your User ID is personal to you. You may change your User ID, update your Registered User Information and any personal information you have given us, however, certain personal information, such as your date of birth, cannot be changed unless you contact us at support@loadit.com.au and provide sufficient verification that your date of birth entry was mistakenly entered.
   
   You must become a Registered User in order to set up an Account or Payment Account, sign up for a Trial Period, select a Paid Subscription Plan, download music on an a la carte basis, purchase Gift Vouchers and Products, participate in certain Promotions, Post or use many of the services, features and functions available on LoadIt. Details of these aspects of the Service are provided later in this Registered User Agreement.
   
   Only residents of Australia are permitted to be Registered Users or otherwise use the Service.
   
   
5. Your Account
   
   As a Registered User you may set up a profile by giving us certain additional information, which we will refer to as your "Account." You must have an Account in order to redeem Gift Vouchers, engage in certain transactions or use certain features and functions of the Service, the Website and the Software.
   
   
6. Your Payment Account
   
   As a Registered User you may also set up a “Payment Account”, either when you register or later. You must set up a Payment Account in order to enrol in any Paid Subscription Plans, make a la carte purchases of Content, purchase or redeem Gift Vouchers, purchase Products or take advantage of certain other offers available to Registered Users.
   
   You must designate an authorised credit, charge or debit card for billing and payment of fees. You must also provide us with additional billing and payment information including your name as it appears on the card and your billing address. We accept VISA®, MasterCard® and American Express®. Your Payment Account information, including your billing address, must be located within Australia otherwise it will be rejected.
   
   If you want to update or change your Payment Account or if there is a change in the validity or expiration date of the card you designated for your Payment Account, or if you believe someone has accessed LoadIt, the Website or your Payment Account using your User ID without your authorisation, you must contact LoadIt immediately at support@loadit.com.au. Until you notify us that your User ID or Payment Account has or may have been used without your authorisation, you will continue to be responsible and liable for any activity, purchases and transactions associated with your User ID and your Payment Account.
   
   You may deactivate your Payment Account and remain a Basic Registered User, enrol in any of our Paid Subscription Plans and make any other permitted changes by going to the "My Account" section of the Service and following the instructions that are provided to edit your current selections.
   
   
7. Basic Registered Users
   
   You will be referred to as a “Basic Registered User” after you have set up an Account or a Payment Account. You must become a Basic Registered User to sign up for the free Trial Period (detailed under clause 9 below). Basic Registered Users may also be offered Promotions and Products and other features and functions of LoadIt that are not generally available to visitors or Registered Users who have not set up an Account. Basic Registered Users may also set up a Payment Account. As a Basic Registered User with a Payment Account, you can pick and choose the music you want, when you want it and pay for it on an a la carte basis.
   
   
8. Paid Subscription Plan Users
   
   When you register you will be asked if you want to enrol in any of our Paid Subscription Plans. If you set up a Payment Account and elect a Paid Subscription Plan, your chosen Paid Subscription Plan will start as soon as your Trial Period ends.
   
   We currently offer the LoadIt Paid Subscription Plans which allow Registered Users to transfer Content to their personal computer and to one or more portable devices we designate as enabled and compatible with the Service (a "Supported Device"). You may view the list of Supported Devices at http://www.loadit.com.au/tools/devices.aspx.
   
   Your rights to Supported Device downloads will be renewed each month while you are a Registered User and your chosen LoadIt Paid Subscription Plan remains in effect. You must connect your Supported Device to your personal computer, and connect and log on to LoadIt each month to continue using such subscription downloaded Content on the Supported Device.
   
   Once Content is transferred to a Supported Device, you may not copy, distribute, transmit or transfer it from that Supported Device to any other device or portable media. If you want to burn downloads to CDs or otherwise transfer the Content, you must purchase a permanent download of that Content separately on an a la carte basis.
   
   
   You are prohibited from sharing downloads with or enabling or allowing the sharing of downloads with any other person.
   
   
9. Trial Period
   
   You must be a Registered User to be eligible for a Trial Period, during which you may try out all of the Paid Subscription Plan features and functions of LoadIt with no subscription charge ("Trial Period"). Your Trial Period will generally expire fourteen (14) days after your Trial Period commenced (subject to a cap of 300 downloads during your Trial Period). You will be advised of any other restrictions that apply to your Trial Period when you sign up.
   
   If you want to make any other purchases during your Trial Period, or use features or services for which there is a separate charge (for example, Gift Vouchers or a la carte downloads of Content or Products), you must have a Payment Account set up and pay for these.
   
   If you selected one of our Paid Subscription Plan options, it will start automatically once your Trial Period ends. You can change your mind about your choice of Paid Subscription Plan or cancel by going to the My Account section of the Service during registration or prior to the expiration of your Trial Period. You must follow the instructions to edit your current selections or make new ones. You will not be charged any fees and we will not start the Paid Subscription Plan, provided you cancel at least one (1) day prior to the date your Paid Subscription Plan is scheduled to start. If you do not cancel your selection at least one (1) day in advance, you must pay the applicable fees and charges required for the minimum period or amount of Content specified as part of the Paid Subscription Plan. Registered Users without a Payment Account will continue to use the Service as Basic Registered Users.
   
   
10. Age Requirement
    
    Your registration as a Registered User is subject to clause 6 of the Terms and Conditions.
    
    
11. Delivery of Content
    
    LoadIt provides you with different options to sample, stream, use and download Content.
    A "stream" refers to Content you can play while you are connected to LoadIt on the Internet. A "sample" stream refers to less than the entire Content available, usually provided on a promotional basis, without charge. A "full" stream refers to full or continuous Content and usually requires you to be a Registered User and to have a Paid Subscription Plan in effect or pay a separate fee.
    
    A "download" refers to Content you may save to fixed storage media in your computer and play back. You can play back Paid Subscription Plan or Trial Period downloads only during your Trial Period, or while you remain a Paid Subscription Plan user, whichever is applicable. You may also purchase "permanent" downloads on an a la carte basis. Permanent downloads are subject to certain licensing and use rights restrictions, however, you may continue to play permanent downloads that you lawfully downloaded as a Registered User, even if and when you are no longer a Registered User.
    
    
12. Your Use of the Content
    
    Your use of the Content is limited by the rules we assign to that particular Content and we reserve the right to modify the rules at any time. Digital Rights Management, intellectual property and/or security technology protections may be provided with or in the Content and you must not directly or indirectly circumvent, reverse engineer, decrypt, or otherwise alter, modify, restrict or interfere with any of the means by which we monitor and administer these rules.
    
    Portions of LoadIt which manage digital rights in Content and which are installed on one or more of your computers will count the number of times you play downloaded Content or transfer downloaded Content to portable devices and will report that information to us. It is your responsibility not to destroy or damage the downloaded Content, as we are not responsible for any Content you download that is lost, damaged or destroyed
    
    We will use reasonable efforts to maintain a record of the Content you download for a reasonable period of time, however, we are not obliged to do so, and we will not be liable or responsible for failing to do so. You are solely responsible for all Content that you download from the Service.
    
    If we no longer have the right to make certain Content available, for any reason and at any time, you will no longer be able to obtain or use that Content from LoadIt, even if you originally obtained it from us.
    
    
13. Equipment
    
    You must ensure that your computer and devices, hardware and software (“Equipment”) can connect to the Internet and are compatible with Windows Digital Rights Management. We make no representation or warranty that any Equipment, including any Supported Device, will be compatible with LoadIt or the Website, even if it is shown on our list of Supported Devices.   We are not liable and will not refund any purchases should your Equipment be incompatible. Please contact your Equipment supplier or manufacturer if in doubt.
    
    
14. Security
    
    You must maintain the confidentiality of your User ID and you agree to immediately notify us if you become aware of, or believe there is or may have been, any unauthorised use of your User ID. You are solely responsible for any and all activity, behaviour, use or financial obligations that arise and all expenses, damages, liabilities and losses we incur unless and until you notify us that your User ID may have been compromised.
    
    We have the right to disclose your personal information, including your Registered User Information to any authority, government official, credit reporting agency or third parties for the purpose of administering the Website and LoadIt or in connection with any investigation, proceeding or claim arising from any illegal action or infringement arising from your use of LoadIt or the Website.
    
    
15. Fees
    
    You authorise us to bill your Payment Account for all purchases you make, whether Content on an a la carte basis, Gift Vouchers, Products or for any other fees and charges you incur in connection with the Service. You must pay all fees and charges incurred in connection with your User ID (including any applicable taxes) at the rates and charges in effect and applicable when the fees and charges were incurred. All fees and charges are non-refundable.
    
    The fees and charges applicable to our Paid Subscription Plans will be automatically billed to your Payment Account each month in advance. You will continue to be charged for the Paid Subscription Plan at the applicable rates and charges until you notify us that you want to cancel the Paid Subscription Plan, or we notify you that the Paid Subscription Plan is no longer offered by us.
    
    If there is an initial or minimum subscription period for any Paid Subscription Plan, you must notify us at least 15 days before the expiration date at support@loadit.com.au that you wish to terminate your Paid Subscription Plan when that period expires, otherwise your Paid Subscription Plan will automatically renew and continue to renew for the same subscription period as the initial or minimum period, at the rates and charges then in effect for the Paid Subscription Plan.
    
    You must notify Sanity of any discrepancies which appear on your invoice, billing or Payment Account statement within 60 days, otherwise billed amounts will be deemed to have been accepted by you. Sanity is not responsible for any error or discrepancy that is not reported within 60 days of its first appearance on your invoice, billing or Payment Account statement.
    
    You must pay Sanity all reasonable solicitor-client legal fees and other relevant costs we incur to collect any overdue amounts from you. Your Paid Subscription Plan may be suspended or terminated, your registration and Registered User status cancelled and/or your Payment Account deactivated without notice if any payment is overdue. You must pay any outstanding balance in full within 10 days of any such suspension, cancellation, deactivation or termination.
    
    The fees, charges and payments described in this Registered User Agreement, do not include taxes, duties, government levies and other charges imposed by a taxing or other regulatory authority relating to your use of LoadIt other than Australian GST. You are solely responsible for paying all such charges. The fees are inclusive of any goods and services or value-added tax imposed in respect of the supplies to which those fees relate (GST). To the extent that any other supply made under or in connection with the Agreement is a taxable supply, the consideration for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply.
    
    We reserve the right to change the prices, rates, charges, fees and billing methods currently applicable at any time, including without limitation, the addition of supplemental fees or separate charges for content, products, goods or services, effective 10 days after we post them on the Service. This does not apply to Paid Subscription Plan charges payable by you during the period of a Paid Subscription Plan to which you have previously committed.
    
    
16. Excess Usage Fees
    
    Paid Subscription Plans may be subject to a capped download limit per month. You may monitor your download activity in My Account. Content that you download in excess of your monthly download cap will be charged at a fee of 10 cents per download. Excess Usage Fees will be billed to your Payment Account at the start of each month.
    
    
17. Purchasing Products on LoadIt or the Website
    
    Products are available for purchase on the Service and the Website (”Products”). Products are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of shipment. You must contact support@loadit.com.au within this time period, and we will coordinate attempting to correct, repair or replace the defective Product or, if applicable, obtain a refund for you. We are not responsible for assisting you if you do not notify us within the 30 day period nor are we responsible for any goods or services not obtained directly from the Website even if you were directed or linked to such a site or page through the Website or Service. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers or other e-commerce partners) for the Product.
    
    We will only send Products you purchase on the Service or Website to mailing addresses in Australia. Products are only available while stocks last and quantities may be limited. We reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you and we may limit or reduce the quantity you ordered of any Product (with a commensurate reduction in the charges for the order). We may require pre-approval for orders in excess of minimums established by our credit and authorisation policies and practices in effect at the time of your order and we may contact you or the issuer of your designated method of payment for this purpose.  
    
    If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your Payment Account has been charged (in which case we will issue a credit to your Payment Account in the amount of the charge).
    
    You are responsible for all taxes, including GST, imposed on the sale, use or receipt of Products and applicable taxes will be added to the amount charged for Products purchased. Orders consisting of multiple items may be shipped separately.
    
    
18. Mobile Marketing
    
    Registered Users may register for Promotions, services, news, programming and information delivered via your mobile phone. You must register to receive this information on the Website or via your mobile phone, and by registering you are giving your consent to receive such information. Standard messaging rates will apply for all messages unless noted otherwise.  We are not responsible for any mobile email or text messaging charges incurred by you or any other person who has access to your mobile phone, telephone number or email address.
    
    We may terminate any of the mobile marketing services at any time without advance notice, and we may notify you of terminations or changes in services on the Website as we do with other changes described in the Agreement.
    
    
19. Posts
    
    Some parts of LoadIt and the Website allow you to post information, opinions, photographs, images, video, or other information, messages, transmissions or material ("Post"). You are responsible for everything you post and you acknowledge and agree that in no way do your Posts reflect the views of Sanity or any of the Sanity Entities. We do not monitor any Posts, although we reserve the right to do so. You acknowledge and agree that any Post you place in the public domain:
    1. is original to you;
    2. will not breach any terms of the Agreement;
    3. does not infringe or breach any copyright or other right of any other party;
    4. may be used by us in any way we see fit; and
    5. will not incur any sums to any person or entity as a result of our use or exploitation of the Pos
       
If you post anything in breach of the Agreement, we reserve the right to:
1. remove and delete the Post;
2. refuse to allow you to Post;
3. revoke your registration, status as a Registered User and your right to use the Website or the Service; and
4. use any technological, legal, operational or other means available to us to enforce the provisions of the Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, and, if applicable, your status as a Registered User on the Website and/or LoadIt.
   
Some Posts may not be processed due to space constraints or outbound message limitations. We assume no responsibility for the deletion of Posts or any failure to store, receive or deliver Posts in a timely manner. Posts must be for non-commercial purposes only.

You may contact us about any Post you believe may breach the Agreement at editor@loadit.com.au.



20. Gift Card Redemption
    
    Gift Cards may be redeemed by Registered Users with a Payment Account, in the form of a code sent to you or any other user you select as the recipient (“Gift Card”). Gift Cards, including their use only, are subject to the terms of the Agreement. Restrictions may apply to the use of Gift Cards and certain Content or Products may not be available when redeeming Gift Cards.
    
    To redeem and use a Gift Cards you must be or become a Registered User with a Payment Account. Gift Cards, or any portion of a Gift Card, are not transferable or redeemable for cash, cannot be exchanged, substituted or returned for a cash refund, nor can you use a Gift Card to purchase another Gift Card or to purchase or make a payment towards any Paid Subscription Plan. Unused amounts will be put into the recipient’s Payment Account for future use. You must pay the balance due for any purchase that exceeds the available amount of your Gift Card or the remaining balance in your Payment Account.
    
    In the event that the Gift Card code does not function properly, we will replace the monetary value of the Gift Card into the Payment Account of the Registered User who purchased the Gift Card.
    
    We are not responsible for lost or stolen Gift Cards. We may refuse to permit the use of any Gift Card that has been fraudulently or improperly obtained, or we reasonably may have been fraudulently or improperly obtained. Gift Cards can be purchased from Sanity stores, including Sanity, Virgin, HMV, & online from www.sanity.com.au for use in LoadIt.
    
    
21. Modifications
    
    Please refer to clause 7 of the Terms and Conditions.
    
    
22. Intellectual Property
    
    Please refer to clause 8 of the Terms and Conditions.
    
    
23. Warranties and Limitation of Liability
    
    Subject to clause 13 of the Terms and Conditions, the following supplemental limitations on our warranties and our liability also apply to this Registered User Agreement.
    
    To the fullest extent permitted by law, we make no representation or warranty that the Service, or anything associated with the Service, will function, be available or accessible at all times or at any particular time or will operate as described. We make no other representations or warranties, express or implied, in connection with the subject matter of this Registered User Agreement, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or title.
    
    To the fullest extent permitted by law, under no circumstances will Sanity or any of the Sanity Entities be liable for any unauthorised use of LoadIt, the Website, Software, Content, Products or other goods or services, by you or anyone using your User ID, Paid Subscription Plan, Payment Account, email address, password or other identification.
    
    
24. Indemnity
    
    Please refer to clause 14 of the Terms and Conditions.
    
    
25. Termination by You
    
    You may terminate your Payment Account or Paid Subscription Plan (subject to any initial or minimum periods you may have selected) at any time and for any reason by going to My Account and following the instructions. You may also terminate your Paid Subscription Plan by sending us an email at least 15 days in advance of your intended date of termination to support@loadit.com.au with your User ID information.
    
    You may also terminate your registration, subject to the payment of all amounts outstanding, by notifying us at support@loadit.com.au with your User ID information.
    
    
26. Suspension or Termination by Us
    
    We may do any of the following, in whole or in part, at our sole discretion and without prior notice to you:
    1. deactivate your Payment Account;
    2. suspend, cancel and/or terminate your Account or status as a Registered User; and
    3. suspend, cancel and/or terminate your User ID and/or your use of the Service or the Website.
If we do any of the above, and you are not in breach of the Agreement, we will continue to provide you with any Paid Subscription Plan service which you have already paid for, or alternatively, give you a pro rata refund for any Paid Subscription Plan services you have not yet received.

If you breach (or we reasonably believe you have breached) the Agreement, or if we determine (or have reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of the Service or the Website without notice to you and declare all fees that are outstanding to be payable immediately. We will have no further obligation to you and you will not be entitled to a refund of any fees you have previously paid.

Except as specifically provided for in the Agreement, upon termination, suspension, deactivation or cancellation, you will not be entitled to compensation, damages, or a refund of any monies previously paid, nor will you be relieved of any obligation you agreed to or incurred, including payment of fees and charges for any Paid Subscription Plan remaining through the end of the applicable period for the Paid Subscription Plan. Any and all amounts due or becoming due on the date of such termination, suspension, deactivation or cancellation, together with any remaining Paid Subscription Plan fee obligations you may have committed or agreed to prior to the date of termination, will be or become payable by you immediately.

For ease of reference our:
Terms of Use Agreement can be reached at any time at:
http://www.loadit.com.au/termsandconditions.aspx; our
Privacy Policy can be reached at any time at:
http://www.loadit.com.au/privacypolicy.aspx; and our
End User Licence Agreement can be reached at any time at:
http://www.loadit.com.au/EULA.aspx.
This Registered User Agreement was last modified on 2nd July, 2008 and is effective immediately.