Terms & Conditions

1. AGREEMENT TO TERMS

These Terms & Conditions constitute a legally binding agreement made between you and DTMC Media Pty Ltd ACN 695 899 122 ATF DTMC Media Trust ABN 16 626 214 056 ("we", "us", "our"), concerning your access to and use of our websites, mobile applications, streaming services, and community hubs, including, but not limited to, OnionUnlimited Radio, OURAD.IO, EPK+, and Muso Gigs (collectively, the "Services").

By accessing the Services, creating an account, or continuing to use them, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms & Conditions. If you do not agree with all of these terms, you are expressly prohibited from using the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, text, and graphics on the Services (collectively, the "Content") are owned or controlled by us and are protected by copyright and trademark laws of Australia and international jurisdictions.

The Content and Marks are provided on the Services "as is" for your information and personal use only. Except as expressly provided in these Terms, no part of the Services may be copied, reproduced, or distributed for any commercial purpose whatsoever without our express prior written permission.

3. ARTIST SUBMISSIONS & LICENSING

By submitting a musical work and associated master recording (the "Track") via our submission forms or other means, you (the "Grantor") agree to the following:

• Ownership Retained: You (or your designated rights holders) retain 100% ownership of all intellectual property rights in both the master recording and the underlying musical composition. You are not "giving up" your copyright; you are simply granting us permission to play it.
• Direct Licence: You grant us a non-exclusive, direct licence to communicate to the public, broadcast, and transmit the Track via our radio stream and digital platforms.
• On-Demand Rights: You acknowledge and accept that your song may be featured in shows broadcast on our Services, and that these shows may be made available for on-demand play.
• Marketing: You grant us the right to use your artist name, biography, and press photos to promote your music and our Services.
• Warranties: You warrant that you own all intellectual property rights in the Track or have obtained express written authorisation from all rights holders (labels, publishers, or contributors) to grant this licence.
• Indemnity: You agree to indemnify us against any claims, losses, or expenses arising from a breach of these warranties (e.g., if you submit a Track you do not actually own).

You may rescind this licence at any time by contacting us in writing.

4. USE OF ARTIFICIAL INTELLIGENCE (AI)

OnionUnlimited Radio is about human expression. We do not accept or play musical works that have been entirely generated by Artificial Intelligence ("AI") platforms (eg. prompt-to-song services such as Suno, Udio, or similar generative models). Songwriting, lyrics, and the primary arrangement and recording process must originate from real artists.

Assistive AI in mixing, mastering, or production is permitted in moderation, including industry-standard tools such as iZotope RX or LANDR for tasks like noise reduction, audio repair, compression, EQ, and automated mastering. Digital production processes involving tools such as DAW loops, MIDI, virtual session musicians, sequencers, synth patches, and drum machines are also acceptable.

When reviewing submissions, we consider the human effort, original intent, and the ultimate artistic control the creator holds over the final piece. By submitting content, you warrant that the core songwriting, lyrical composition, primary arrangement, and recording process are the products of human creativity and that you hold the necessary rights to such works. We reserve the right, at our sole discretion, to disqualify any submission suspected of being fully AI-generated and may request reasonable evidence of the production process, such as Digital Audio Workstation (DAW) project files or stems, to verify authenticity.

Failure to provide such verification within a reasonable timeframe may result in the immediate disqualification of the track and a potential suspension of your submission privileges.

By submitting any content that utilises AI tools, you agree to indemnify, defend, and hold us harmless from and against any third-party claims of intellectual property infringement related to the AI-assisted elements of your submission. You accept sole responsibility for ensuring that your use of AI tools complies with all current copyright laws and the terms of the respective AI platforms used.

We assume no liability for legal disputes arising from the output of generative models utilised in your production process.

5. DISCRETIONARY REMOVAL AND TERMINATION

We reserve the right, in our sole and absolute discretion, to remove any track, artist profile, EPK+ account, or associated content from the Services at any time and for any reason, without notice or liability. This includes instances where a track is later determined to have violated our AI policies or where the authenticity of the submission is called into question after its initial acceptance.

You may stop using the Services at any time. We may terminate or suspend your access to the Services, including EPK+ accounts and submission portals, immediately if we believe your conduct is inconsistent with the spirit of OnionUnlimited Radio or these Terms & Conditions, if required by law, or if we discontinue a Service.

After termination, provisions that by nature should survive (including intellectual property, disclaimers, indemnities, and limitation of liability) continue to apply.

6. ELECTRONIC PRESS KITS

EPK+ lets musicians and bands create and share an electronic press kit, including bio, links, tracks, media, gigs, and related tools, and lets industry users discover artists. Artists creating an account on EPK+ are responsible for the accuracy of their information.

Accounts. You must provide accurate registration details and keep them up to date. You are responsible for safeguarding login credentials (including magic links sent to your email) and for activity under your account. We may refuse, suspend, or terminate accounts that appear fraudulent, abusive, or in breach of these Terms.

Your content. You retain ownership of content you upload or publish (such as text, photos, and audio/video links). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, display, reproduce, and distribute that content solely to operate and improve EPK+ and to display your public EPK as you configure it. You represent that you have all rights needed to publish your content and that it does not infringe others' rights or violate law. You are responsible for third-party embeds (for example streaming or video players) and for complying with those providers' terms. We may remove or restrict content that we reasonably believe is unlawful, harmful, misleading, or in breach of these Terms, including EPKs that contain low-quality assets, hate speech, or content that violates third-party copyrights.

Public pages and usernames. You may choose a custom username and URL using the subdomain formats we provide. Usernames must not impersonate others, infringe trademarks, or be offensive. We may reclaim, rename, or disable usernames and public pages where reasonably necessary. Content you mark as public may be viewed by anyone with the link, indexed by search engines, and shown in Discover.

Third-party services. EPK+ may integrate or rely on third parties (for example Google for location suggestions, and embed providers for tracks and videos). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party sites or players.

We do not guarantee any specific reach, airplay volume, booking outcomes, uninterrupted availability, or commercial success from the use of EPK+.

7. VENUES

Venues publishing information on our platforms agree that:

• They are responsible for maintaining the accuracy of their location, contact details, and gig listings.
• The inclusion of a venue on our platform does not constitute an endorsement.
• Licensing: Venues are solely responsible for ensuring they hold the appropriate OneMusic (PPCA and APRA AMCOS) licences for the public performance of music within their physical premises.

We are not liable for any disputes, injuries, or legal issues occurring at venues listed on our platform.

8. LIVE CHAT & COMMUNITY CONDUCT

When using interactive features, including live chat, you agree not to post content that is:

• Defamatory, obscene, offensive, or promotes discrimination.
• Hate speech or intended to harass or "troll" other users or artists.
• Unauthorised advertising or "spam".

We reserve the right to monitor, edit, or permanently ban any user who violates these standards without prior notice.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activity includes:

• Systematically retrieving data to create a collection, database, or directory without written permission.
• Circumventing, disabling, or interfering with security-related features of the Services, or attempting to gain unauthorised access to accounts, systems, or data.
• Using "ripping" software to record or download our live audio streams.
• Uploading malware, or abusing email, messaging, or booking-contact features.
• Misrepresenting your identity, affiliation, or rights.

10. DISCLAIMER & LIMITATION OF LIABILITY

The Services are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof. OnionUnlimited Radio is a platform for discovery; we are not responsible for the contractual relationships between artists, listeners, and venues.

In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, or punitive damages, including lost profit or lost data, arising from your use of the Services, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for any claim relating to the Services is limited to the amounts you paid us for the relevant Service in the 12 months before the claim.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

You agree to indemnify and hold us harmless from claims, losses, and expenses (including reasonable legal fees) arising from your content, your use of the Services, or your breach of these Terms.

11. CHANGES

We may update these Terms & Conditions from time to time. We will post the updated version on this page. Continued use of the Services after changes take effect constitutes your agreement to the revised Terms.

12. GOVERNING LAW

These Terms & Conditions and your use of the Services are governed by and construed in accordance with the laws of the State of Queensland, Australia, applicable to agreements made and to be entirely performed within that State. If you are a consumer in another country, you may have rights under your local laws that cannot be excluded or limited.

13. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please email hello@onionunlimited.com