About The Website
Welcome to https://meentertainment.com.au/#home/ (“Website”). This Website is operated by You and Me Entertainment Pty Ltd (ABN 66 675 913 505) (“ME Entertainment,” “we,” “our,” or “us”), and provides access to our professional audio branding and digital music services, including a range of solutions such as online radio station creation, playlist curation, and music licensing management (collectively, the “Services”).
Please review these Terms and Conditions (“Terms”) carefully, as they govern your access to and use of this Website and any associated Services provided by ME Entertainment. These Terms outline your rights and responsibilities as a user (“User,” “you,” or “your”). By accessing the Website, you agree to these Terms. If you do not agree, you must immediately cease using the Website and its Services.
ME Entertainment reserves the right to modify these Terms at our sole discretion. Any changes will be updated on this page, with the date of the latest amendment indicated at the beginning of these Terms. We will endeavour to notify you of significant changes by appropriate methods such as email or Website notices. Continued use of the Website after updates have been posted constitutes your acceptance of any revised Terms.
Acceptance of the Terms
By accessing or using this Website, you agree to be bound by these Terms. Where the option to accept these Terms is made available within the Website’s user interface, you may indicate your acceptance by selecting “Accept” or similar buttons. If you are acting on behalf of a company or organisation, you represent that you have the authority to accept these Terms on their behalf.
Eligibility
To access and use this Website, you must be at least 18 years old. Users under 18 may only access the Website with parental or guardian supervision and consent. By using this Website, you confirm that you meet these eligibility criteria. If you are accessing or using the Website on behalf of a company, you warrant that you have the legal authority to bind the company to these Terms.
Services
ME Entertainment will deliver a robust suite of Services, including:
Audio Branding: Crafting unique, recognisable audio identities aligned with your brand, including sound logos, jingles, and audio sign-offs. These elements reinforce brand recognition across different channels and touchpoints;
Digital Music Solutions: Developing digital music experiences customised to your target audience, with genre-specific playlists and music curation that enhance brand affinity. Playlists will be updated periodically to stay relevant to audience preferences and seasonal themes;
Online Radio Station Creation: Full setup, design, and ongoing management of online radio stations customised to your brand and marketing objectives. The Service includes initial concept sessions to determine the station’s sound profile, target demographics, and tone, with continuous collaboration for an evolving and impactful listening experience;
Script Writing: Development of personalised scripts for audio content, reflecting your brand language, style, and messaging. Scripts will be provided within 24 hours of request, allowing time for review and feedback before voiceover recording;
Audio Content Production: Production of high-quality audio assets, such as jingles, soundscapes, interstitials, and voiceovers. Each asset is checked for clarity, balance, and brand alignment.
Playlist Curation: Curating playlists to match brand values, audience demographics, and seasonal requirements. Playlists are frequently updated to reflect campaigns, events, or industry trends either fortnightly or monthly depending on the music classification of the station (for example, a station featuring new music may require fortnightly updates, while a classic hits station may require monthly reviews);
Content Sourcing: Curating and sourcing relevant audio content based on marketing focus and promotional strategy. This may include branded segments, third-party content, or industry-related media; and
Music Licensing and Rights Management: ME Entertainment will manage all licensing needs to ensure audio content compliance, including facilitating the One Music License acquisition for each client location. All administrative responsibilities relating to the licensing requirements will be handled by the ME Entertainment.
ME Entertainment’s Obligations
ME Entertainment will make reasonable efforts to ensure that the Website remains functional and accessible to Users. However, ME Entertainment does not guarantee uninterrupted access and reserves the right to perform maintenance, upgrades, or other modifications.
ME Entertainment commits to responding to user inquiries submitted through the Website’s contact forms or email within a reasonable time frame, typically within [insert expected response time, e.g., 3-5 business days].
Where applicable, ME Entertainment will ensure compliance with the standards of any third-party platforms or licensing bodies, such as APRA AMCOS and OneMusic Australia, for any embedded content or services accessed through the Website.
User’s Obligations
Users must not interfere with or disrupt the functionality of the Website, including attempting to hack, alter, or disable any part of the Website.
Users agree to use any contact forms provided on the Website solely for legitimate inquiries about ME Entertainment’s Services and to refrain from submitting spam or irrelevant content.
Users agree not to use any information, images, or content from the Website for unlawful purposes or in a way that could harm the reputation or operations of ME Entertainment.
If Users become aware of any third party infringing on ME Entertainment’s intellectual property or any unlawful use of the Website’s content, they agree to notify ME Entertainment promptly.
Users agree not to use automated systems, such as bots or scripts, to access or interact with the Website, as these actions may disrupt normal Website functionality.
Limitation of Liability
ME Entertainment provides this Website and its content on an “as-is” and “as-available” basis. We make no warranties or representations, express or implied, regarding the Website’s accuracy, reliability, completeness, or timeliness. To the fullest extent permitted by law, ME Entertainment disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall ME Entertainment, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenue, goodwill, or business opportunity, arising from or in connection with your access to or use of the Website, even if ME Entertainment has been advised of the possibility of such damages.
To the fullest extent permitted by law, ME Entertainment’s total liability to you for any and all claims arising out of or related to your use of this Website shall not exceed the amount paid by you, if any, to ME Entertainment for accessing or using the Website in the 12 months preceding the date of the claim.
The limitations outlined in this clause do not apply to liabilities or damages arising from:
Any breach by ME Entertainment of obligations related to confidentiality, data privacy, or data security;
ME Entertainment’s gross negligence, wilful misconduct, or fraud; and
Any liability that cannot be legally limited or excluded under applicable law.
Indemnification
User’s Indemnification Obligations
By accessing and using this Website, the User agrees to indemnify, defend, and hold harmless ME Entertainment, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Any violation by the User of these Terms, including unauthorised use of the Website and any breach of applicable laws or regulations;
Any unauthorised use, modification, or distribution of the Website’s content, including infringements on ME Entertainment’s intellectual property rights or those of third parties; and
Any claims arising from User-generated content submitted, posted, or otherwise transmitted on the Website by the User.
ME Entertainment’s Indemnification Obligations
ME Entertainment agrees to indemnify, defend, and hold harmless the User, their representatives, and assigns from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Any material breach by ME Entertainment of these Terms, including failure to deliver the Services or content as described on the Website;
Any claim that the content or Services provided by ME Entertainment infringe on third-party rights, including intellectual property and privacy;
Any unauthorised access, disclosure, or use of the User’s personal information resulting from ME Entertainment’s failure to meet data protection obligations.
The indemnified Party shall notify the indemnifying Party promptly of any claim subject to indemnification under this clause, allowing time for the indemnifying Party to assume control of the defence.
Intellectual Property
All content, materials, and services provided on this Website, including but not limited to text, graphics, logos, icons, images, audio, software, and any other content (“Content”), are the intellectual property of ME Entertainment or its licensors. This intellectual property is protected by copyright, trademark, and other applicable intellectual property laws.
All intellectual property rights in the Website and its Content, including any enhancements, updates, or modifications, remain the exclusive property of ME Entertainment or its licensors. Nothing in these Terms grants you ownership of any intellectual property rights in the Website or the Content.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website and its Content solely for your personal, non-commercial use. Any other use, including modification, reproduction, distribution, republication, or transmission of any Content, is strictly prohibited without the prior written consent of ME Entertainment.
You may not:
Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained within the Website or Content;
Use any data mining, robots, or similar data gathering and extraction tools;
Reverse engineer, decompile, or disassemble any part of the Website or its Content.
Any feedback, suggestions, ideas, or other submissions that you provide to ME Entertainment related to its Services or Website shall become the property of ME Entertainment without any obligation to you. By submitting such contributions, you assign all rights in them to ME Entertainment, and ME Entertainment may use, copy, modify, and distribute User contributions for any purpose.
ME Entertainment reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking legal remedies for any unauthorised use of the Website or its Content.
Confidential Information
For the purposes of these Terms, “Confidential Information” refers to any non-public information, data, or materials disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of its disclosure.
The Receiving Party agrees to:
Maintain the confidentiality of the Confidential Information and not disclose it to any third parties without the prior written consent of the Disclosing Party;
Use the Confidential Information solely for the purposes of fulfilling its obligations under these Terms; and
Take all reasonable precautions to protect the confidentiality of the Confidential Information, which shall not be less than the precautions it takes to protect its own confidential information.
Confidential Information does not include information that:
Is or becomes publicly available without breach of these Terms by the Receiving Party;
Was known to the Receiving Party prior to disclosure by the Disclosing Party;
Is disclosed to the Receiving Party by a third party not under an obligation of confidentiality; and
Is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
Upon termination of these Terms or upon written request from the Disclosing Party, the Receiving Party shall promptly return or destroy all materials embodying the Confidential Information, including all copies thereof, and certify in writing to the Disclosing Party that it has done so
Data Security and Privacy
ME Entertainment is committed to safeguarding your personal information through robust security measures and responsible handling practices. For more details, please refer to our full Privacy Policy available at [Insert].
Termination
ME Entertainment reserves the right to suspend or terminate your access to the Website and any associated Services, at any time, for any reason, including but not limited to:
Breach of these Terms and Conditions or any other agreement between you and ME Entertainment;
Engagement in any unauthorised, unlawful, or prohibited activities on or through the Website;
Actions that disrupt, interfere with, or harm the operation, security, or integrity of the Website, other users, or ME Entertainment’s business interests; or
Any conduct that ME Entertainment determines, in its sole discretion, is detrimental to its brand, reputation, or operations.
ME Entertainment will make reasonable efforts to provide notice of termination or suspension of access to the Website. However, ME Entertainment is under no obligation to provide notice or reasons for termination, particularly in cases of serious misconduct or illegal activity.
Upon termination of your access to the Website:
All rights granted to you under these Terms, including your right to access and use the Website, will immediately cease;
ME Entertainment reserves the right to delete or restrict access to any of your User-generated content submitted to the Website without liability to you;
You remain liable for any obligations incurred prior to termination;
ME Entertainment may retain, for legal or business purposes, copies of information, data, or content associated with your use of the Website, in accordance with applicable laws
The following clauses and any provisions which, by their nature, are intended to survive termination, shall remain in full force and effect post-termination:
If your access was terminated due to technical or administrative errors or was otherwise deemed by ME Entertainment to have been unjustified, ME Entertainment may, at its sole discretion, reinstate your access to the Website.
ME Entertainment shall not be liable to you or any third party for any termination of your access to the Website or for the removal of any content associated with your use of the Website, except as required by law.
Dispute Resolution
If a dispute arises out of or in connection with this Agreement, including the performance, validity, or enforceability of it (“Dispute”), the Parties shall follow the procedure set out in this clause:
either Party shall give written notice of the Dispute to the other Party, setting out its nature and full particulars (“Dispute Notice”). Upon service of the Dispute Notice, the representatives of both Parties shall attempt in good faith to negotiate and resolve the Dispute;
If the Parties are unable to resolve the Dispute within 30 days of service of the Dispute Notice, the Parties shall attempt to settle the Dispute through mediation, following the procedures and within the timeframes set out below: and
the Parties shall jointly appoint a mediator and agree on the mediator’s remuneration within 5 business days of the service of the Dispute Notice (or such other period as mutually agreed by the Parties);
if the Parties fail to agree on a mediator, either Party may request the President (or nominee) of the Queensland Law Society to appoint a mediator and determine the mediator’s remuneration;
The Parties shall follow the instructions of the mediator regarding the conduct of the mediation and seek to resolve the Dispute with the mediator’s assistance within 20 business days of the appointment of the mediator (or such other period agreed by the parties). If the Dispute is not resolved within this time, either Party may proceed to arbitration or commence court proceedings; and
The costs of the mediator shall be shared equally between the Parties.
If the Dispute is not resolved through mediation, either Party may submit the Dispute to arbitration in accordance with the following procedure:
the arbitration shall be conducted in accordance with the Australian Centre for International Commercial Arbitration (“ACICA”) Rules or any other relevant arbitration rules applicable in Australia;
the seat of arbitration shall be Brisbane, Queensland and the language of the arbitration shall be English;
the arbitration shall be conducted by a single arbitrator, to be agreed upon by the Parties within 10 business days of one party notifying the other of its intention to commence arbitration. If the Parties are unable to agree on an arbitrator, either Party may request ACICA to appoint the arbitrator; and
the decision of the arbitrator shall be final and binding on the parties. The parties agree to abide by and perform any award or judgement rendered by the arbitrator, and the award may be entered in any court having jurisdiction; and
the costs of the arbitration, including the arbitrator’s fees, shall be borne as determined by the arbitrator. In the absence of such determination, the costs shall be shared equally between the Parties.
This Clause does not prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction in Australia, where such relief is necessary to protect that Party’s rights or interests pending the resolution of the Dispute through negotiation, mediation, or arbitration.
Force Majeure
Neither party shall be liable for any delay or failure in performing its obligations under this Agreement if such delay or failure arises from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government regulations or changes in law, labour strikes, failure of third-party service providers, power or internet outages, or other events of similar nature (“Force Majeure Event”). If a Force Majeure Event continues for more than thirty (30) days, either party may terminate this Agreement in accordance with Clause 12 upon written notice.
General
Variation
No variation of these Terms shall be effective unless it is in writing and signed by the parties or their authorised representatives.
Waiver
A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.
Severability
If any provision or part of a provision of these Terms are found to be illegal or unenforceable, that provision or part shall be severed from these Terms. The remaining provisions or parts of provisions shall continue in full force and effect, and the parties shall use reasonable efforts to negotiate a replacement provision that reflects the original intent as closely as possible.
Assignment
Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other party, except to an affiliate or in connection with a merger or acquisition, provided that the assigning party remains liable for the performance of its obligations.
Notices
Any notice or communication required or permitted under these Terms must be in writing, legible, and in English, and must be delivered to the receiving party’s nominated email address as specified in these Terms. Notices sent by email are deemed received on the date they are sent, provided no delivery failure notification is received by the sender.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland. The Parties agree that any disputes arising out of or relating to this Agreement shall be interpreted in accordance with such laws.
Jurisdiction
Each Party irrevocably agrees that the courts of Queensland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.
Contact Information
If you have any questions, concerns, or require assistance regarding these Terms or the Services provided on this Website, please contact ME Entertainment at:
ME Entertainment Pty Ltd
Email: mathew@meentertainment.com.au
Phone: 0400 699 288
Our team will make every effort to respond to inquiries promptly.