Terms & Conditions

1. Introduction

Welcome to UMD Group ("UMD", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of our website at umdgroup.com.au (the "Website"), including any content, functionality, and services offered on or through the Website.

By accessing or using this Website, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

We reserve the right to modify these Terms at any time. Your continued use of the Website following the posting of revised Terms means you accept and agree to the changes.

2. About Underground Music Directive

UMD Group is a platform dedicated to promoting underground music culture, supporting emerging and established artists, and creating authentic live music experiences. We operate as an event organiser, content platform, and artist development service based in Sydney, Australia (currently).

2.1 Organisational Status

UMD Group is currently in the process of transitioning to a registered not-for-profit organisation. Our mission is to support artists, promote music culture, and reinvest any surplus into community development and artist support programs. Until this transition is complete, UMD Group operates as a registered Australian business committed to not-for-profit principles.

3. Intellectual Property Rights

3.1 Our Content

The Website and its original contents, features, and functionality (including but not limited to all information, text, displays, images, video, audio, and the design, selection, and arrangement thereof created by UMD) are owned by UMD Group or its licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 Artist Content and Attribution

UMD group features content created by, featuring, or relating to various musical artists, DJs, and performers ("Artist Content"). We are committed to properly attributing all Artist Content to its rightful creators.

  • All Artist Content displayed on this Website is used with permission from the respective artists under performance and content agreements, or is believed to be used in accordance with applicable law.

  • Artists retain ownership of their original musical works, compositions, and recordings unless otherwise agreed in writing.

  • Where UMD Group creates recordings of live performances, usage rights are governed by individual artist agreements. These recordings remain a collaborative work between UMD Group and the performing artist.

  • We endeavour to credit all artists, photographers, videographers, and creators whose work appears on this Website. If you believe attribution is missing or incorrect, please contact us.

3.3 Non-Commercial Content Sharing

UMD Group does not generate direct revenue from posting content featuring artists, DJs, or performers on this Website or on third-party platforms (including YouTube, social media, and streaming services). The purpose of sharing this content is solely to:

  • Promote and support the artists who perform at UMD events;

  • Provide artists with professional documentation of their performances;

  • Extend the reach of music to new audiences;

  • Document and preserve underground music culture;

  • Build community around live music experiences.

Any revenue generated incidentally through platform monetisation (such as YouTube advertising) is either directed to rights holders through platform mechanisms (such as Content ID) or reinvested into UMD's operations and artist support programs.

3.4 DJ Performances and Third-Party Music

UMD hosts performances by DJs who play music created by third-party artists, producers, and rights holders. The following terms apply to such content:

  • UMD does not claim ownership of any third-party music played during DJ performances. All rights to such music remain with the original creators, composers, publishers, and rights holders.

  • When recordings of DJ performances are uploaded to platforms such as YouTube, those platforms may use automated content identification systems (such as YouTube's Content ID) to identify third-party music and direct any associated revenue to the rightful rights holders.

  • UMD fully supports and does not contest legitimate Content ID claims or similar automated rights management actions. These systems ensure that original creators and rights holders receive recognition and compensation for their work.

  • Our intention in sharing DJ performance recordings is to promote music discovery, support the broader music ecosystem, and provide exposure for both the performing DJ and the original music creators.

  • If you are a rights holder and wish to have content removed rather than monetised through Content ID, please contact us using the takedown procedure outlined in Section 4.

3.5 Third-Party Content

This Website may contain content owned by third parties, including but not limited to music, images, videos, logos, and trademarks. Such content is the property of its respective owners. The inclusion of any third-party content does not imply endorsement, sponsorship, or affiliation unless expressly stated.

4. Copyright Policy and Takedown Procedure

4.1 Our Commitment

UMD respects the intellectual property rights of others and expects users of this Website to do the same. We do not intend to infringe upon any copyright, trademark, or other intellectual property rights. All content on this Website is published in good faith and for legitimate purposes related to promoting music and artists.

We acknowledge that the music industry involves complex rights ownership, and we are committed to working cooperatively with rights holders to address any concerns.

4.2 Copyright Infringement Claims

If you believe that any content on this Website or on UMD's third-party platform accounts (including YouTube, Instagram, Facebook, SoundCloud, or other platforms) infringes your copyright or other intellectual property rights, please notify us immediately by sending a written notice to:

Email: legal@undergroundmusicdirective.com.au

Subject Line: Copyright Infringement Notice - [Brief Description]

4.3 Information Required for Takedown Request

Your notice must include:

  • Identification of the copyrighted work or intellectual property you claim has been infringed, including proof of ownership or authorisation to act on behalf of the owner;

  • Identification of the material on our Website or platforms that you claim is infringing, with sufficient detail for us to locate it (e.g., URL, video title, timestamp where applicable);

  • Your contact information, including name, address, telephone number, and email address;

  • A statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law;

  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf;

  • Your physical or electronic signature.

4.4 Our Response

Upon receiving a valid takedown notice, we will:

  • Acknowledge receipt of your notice within 5 business days;

  • Review the claim in good faith;

  • Remove or disable access to the allegedly infringing material within a reasonable timeframe (typically 10 business days) if the claim is valid;

  • Notify the performing artist (if applicable) of the removal;

  • Take reasonable steps to prevent future infringement of the same material.

4.5 Good Faith and Cooperation

UMD operates in good faith and is committed to respecting intellectual property rights. We welcome the opportunity to work with rights holders to find mutually beneficial solutions, which may include proper attribution, licensing arrangements, or content removal as appropriate.

5. Recording Services and Technology Disclaimer

5.1 Recording Services

UMD provides audio and video recording services for performances at UMD events as a value-added service to artists. These recordings are intended for promotional purposes and to document performances for both the artist and UMD.

5.2 Technology and Equipment Limitations

While UMD takes reasonable care to ensure recordings are captured, stored, and managed professionally, we cannot guarantee that recordings will be successful or preserved in all circumstances. Artists and performers acknowledge and agree that:

  • Recording equipment, including but not limited to cameras, audio recorders, computers, and storage devices (such as SSD drives, hard drives, and memory cards), may fail without warning due to technical malfunction, user error, environmental factors, or other unforeseen circumstances;

  • Data storage devices may become corrupted, damaged, or fail prior to content being uploaded, backed up, or distributed online;

  • Software errors, power failures, or connectivity issues may result in incomplete or failed recordings;

  • Environmental factors at venues (including lighting, acoustics, and space constraints) may affect recording quality;

  • UMD is not responsible for any loss, damage, or failure to deliver recordings due to technology failures beyond our reasonable control.

5.3 No Guarantee of Recording or Publication

UMD does not guarantee that any performance will be recorded, that recordings will meet any particular quality standard, or that recordings will be published online or distributed. Artists perform at UMD events primarily for the live performance opportunity, with recording and content creation being a supplementary service provided at UMD's discretion.

5.4 Limitation of Liability for Recording Failures

To the maximum extent permitted by law, UMD shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

  • Failure to record a performance in whole or in part;

  • Loss of recorded content due to equipment failure, data corruption, theft, damage, or any other cause;

  • Poor quality recordings due to technical or environmental factors;

  • Delays in publishing or distributing recorded content;

  • Decision not to publish recorded content for any reason.

Artists are encouraged to make their own backup recordings if preservation of their performance is critical to them.

6. User Conduct

You agree not to:

  • Use the Website for any unlawful purpose or in violation of any applicable laws;

  • Copy, reproduce, distribute, or create derivative works from any content on this Website without express written permission;

  • Use any content from this Website for commercial purposes without obtaining a licence from us or the relevant rights holder;

  • Attempt to gain unauthorised access to any portion of the Website or any systems or networks connected to the Website;

  • Use any automated system, including robots, spiders, or scrapers, to access the Website;

  • Interfere with or disrupt the Website or servers or networks connected to the Website;

  • Download, rip, or extract audio or video content from this Website or UMD's platform accounts without permission;

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.

7. Events and Services

7.1 Event Attendance

By attending UMD events, you acknowledge and agree that:

  • Events may be photographed, filmed, and recorded for promotional and archival purposes;

  • Your image, likeness, and voice may appear in such recordings and may be used by UMD for promotional purposes without compensation;

  • You assume all risks associated with attending live music events, including but not limited to hearing damage from loud music;

  • UMD is not responsible for any personal injury, property damage, or loss occurring at events;

  • UMD reserves the right to refuse entry or remove any person from an event at its sole discretion.

7.2 Event Changes and Cancellations

UMD reserves the right to change event details (including date, time, venue, and lineup) or cancel events at any time. While we will endeavour to provide reasonable notice of any changes, we are not liable for any costs, damages, or losses incurred as a result of event changes or cancellations.

7.3 Venue Terms

UMD events are held at third-party venues. Attendees must comply with all venue rules, policies, and directions from venue staff. UMD is not responsible for venue conditions, venue staff actions, or any incidents arising from venue operations.

8. Subscriptions and Payments

If you subscribe to any paid services offered through the Website:

  • You agree to pay all applicable fees as described at the time of purchase;

  • Subscriptions will automatically renew unless cancelled before the renewal date;

  • Refunds are provided at our discretion and in accordance with Australian Consumer Law;

  • We reserve the right to change subscription pricing with reasonable notice to subscribers.

9. Disclaimers

9.1 No Warranties

THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, UMD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Third-Party Links and Platforms

The Website may contain links to third-party websites or services that are not owned or controlled by UMD, including YouTube, Instagram, Facebook, SoundCloud, and other platforms. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services. UMD content hosted on third-party platforms is subject to those platforms' terms of service.

9.3 Music and Audio Content

Audio and video content on this Website may contain loud music. You are responsible for setting appropriate volume levels on your device. UMD Group is not responsible for any hearing damage or discomfort resulting from listening to content at high volumes.

9.4 Artist Opinions and Content

The views, opinions, and content expressed by artists performing at UMD events or featured on UMD platforms are those of the individual artists and do not necessarily reflect the views or opinions of UMD Group . UMD Group is not responsible for any statements, actions, or content of performing artists.

10. Limitation of Liability

To the maximum extent permitted by applicable law, UMD and its directors, employees, agents, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Website;

  • Any conduct or content of any third party on the Website;

  • Any content obtained from the Website;

  • Unauthorised access, use, or alteration of your transmissions or content;

  • Recording failures or loss of recorded content as described in Section 5;

  • Any claims related to intellectual property arising from DJ performances or third-party music content.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law or other consumer protection laws that cannot be excluded or limited by contract.

11. Indemnification

You agree to defend, indemnify, and hold harmless UMD and its directors, employees, agents, contractors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website.

12. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia, to resolve any legal matter arising from these Terms.

14. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Website, you agree to first attempt to resolve the dispute informally by contacting us. If the dispute cannot be resolved informally within 30 days, either party may pursue formal dispute resolution through mediation before commencing any legal proceedings.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

16. Waiver

The failure of UMD to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by UMD.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and UMD concerning your use of the Website and supersede all prior or contemporaneous communications and proposals between you and UMD.