1.About “musindie” and the understanding and acceptance of these Terms and Conditions
1.1musindie.com, musindie.com.au, musindie.net and musindie.asia are web sites
(the “website”) owned and operated by Musindie Pty Ltd (“musindie”), a company
incorporated in Australia, company number 165 912 970.
1.2Any references or words similarly implying “us, we, our” shall mean musindie and all
associated website services. Furthermore, the use of Bold, CAPITAL or lowercase
lettering shall not alter the meaning, purpose, reference or intent or the underlying
wording and is used to provide improved clarity of understanding and/or importance.
Finally, section titles are provided for clarity and convenience only and have no
contractual or legal effect.
1.3The musindie website is established and operated to encourage, support and facilitate
the creative and economic management, growth and sustainability of independent (indie)
music, musicians and associated industry support service providers. Our online services
are designed to provide songwriters, musicians and support service providers the ability
to connect, collaborate, produce, promote and distribute musical works (and associated
financial management) through, but not exclusively limited to, the musindie website.
1.4As a general public browser, user or consumer of services from the musindie website or
as a registered musindie member; by continued use of the website, you are confirming
your understanding and agreement to by bound by these Terms and Conditions. PLEASE
TAKE THE TIME TO READ THEM CAREFULLY.
1.5musindie reserves the right to change, modify, add or delete these Terms and Conditions
at any time and may also change, add or delete services from the website. We will make
fair and reasonable efforts to inform users of such changes by either email notification
or posting of messages of changes for your acceptance on the website. Any new Terms and
Conditions will take effect from the time they are posted to the website.
1.6As a user or registered member of the musindie website, whether in a personal capacity
or authorised representative of a business or company organisation, you warrant that you
have the capacity, right and authority to enter into and abide by these Terms and
Conditions. This may be particularly relevant to you if you have been or are currently
in contract or in contract negotiations with an agent, record label or management
1.7This is a legally binding agreement between you and musindie.
2.Access and Availability of the website
2.1To access the full range of services on the website, you need to sign up and create a
musindie account and profile and become a “member”. Otherwise viewing access and
functionality is limited on the “Explore” and “About” pages only.
2.2You may also (or alternatively) create an account and logon to the musindie website
using your personal Facebook credentials. In doing so the stream of activity comments
occurring within your musindie profile and projects may also be published to your
Facebook page (subject to your member account user profile settings, and profile
permissions requested within Facebook during account creation).
2.3As a registered member of musindie it is your responsibility to provide and maintain up
to date contact details including as a minimum your full name, email address and a
contract telephone number. We strongly encourage completion of all remaining requested
(but not mandatory) information in your member profile. This will enable other users to
be able to search, view, assess and engage with you on your more specific musical skills
2.4As a registered member we may also contact you from time to time through your registered
email address with important information updates and or details of services, promotions
or offers that we believe may be of interest or value to you. Through your account
member profile settings you may however elect to opt out of receiving such
2.5To register as a member of musindie you must be at least 13 years of age. This
will be particularly relevant and applicable to any financial transactions occurring
through the site where the minimum age for initiation and management of such financial
transactions is 18 (eighteen) years of age.
2.6Personal Information or registrations found to be from any persons less than 13 years of
age will be deleted from the website and database.
2.7If as a parent or guardian you become aware or concerned with any activities or
information provided by persons under 18 years of age, please contact us at
email@example.com with specific relevant details.
2.8You are responsible for ensuring that you are accessing the website in a safe and secure
way (including but not limited to) the safekeeping of your logon and password details.
You are not authorised to share or grant any other user access to the website through
your user account. Please take particular care if/when accessing the website from any
PC or device that is accessible by other public or private users.
2.9We cannot control or accept responsibility or any liability resulting from any other
person’s unauthorised use of your account and access to personal information whether
through intentional or accidental disclosure of access details or passwords, cached
data, deliberate hacking or another user releasing unauthorised personal information
about you. If you believe your musindie account has been unlawfully accessed or
compromised in any way please contact us immediately at firstname.lastname@example.org
2.10Whilst we do perform a robust testing process on our website services we cannot and do
not guarantee the site or information contained within it to be error free nor guarantee
the operational availability of the site at all times. We will value your feedback and
apply our very best endeavours to review, prioritise and remediate issues as soon as
possible which may however include deferral to a future website update functionality
release. Whilst it is our every intention to provide an ongoing reliable website
service, we will not be liable to you if for any reason the site becomes unavailable
and you hereby further indemnify us against any such claims.
2.11The musindie website and services may be accessed from mobile tablets and phone devices
however due to the technical structure, nature and screen size associated with these
devices we cannot guarantee that all features, functions and services will be usable
or free from error as in the use of the website on a standard desktop computer or
laptop. musindie will not accept any claims for issues, liabilities or losses arising
from the use of musindie services via mobile devices. musindie intends to continue
development of its website with a specific mobile device application however certain
key music production functions will require the functionality of larger personal
computing devices with appropriate screen, memory speed and storage and also operating
in conjunction with the member’s preferred and installed PC music recording and playback
2.12musindie will not accept responsibility or liability for any loss or damages,
reputational, physical or financial for consequences arising from unauthorised access to
the website or your personal website pages, files or details and you indemnify musindie
from any such claims. If however you believe your privacy or access details have been
compromised in any way please immediately advise as at email@example.com and
we will work with you to resolve the matter as soon as practicable.
3Acceptable Use of the website
3.1The musindie website is designed as a creative, collaborative, safe and supportive
environment for the enjoyment and practical use of independent musicians and associated
industry service providers. Website activities and/or behaviours of any user members
which we observe and believe (in our sole and absolute discretion) to be outside the
principles of these goals and objectives may be subject to account suspension and/or
3.2You agree not to use musindie for the transmission of any content, files, email or
comments that musindie or its members (at our sole and absolute discretion) would
reasonably consider to be harmful, unethical, threatening, abusive, offensive,
obscene, pornographic or anything else which may be subject to criminal and/or civil
legal proceedings. You further indemnify musindie from any responsibility and/or
liability should any such incident occur.
3.3You must not engage in any junk mail, spam, chain mail or any other such similar schemes
to or with any other users on the site and must take all reasonable care and precaution
that any files transmitted are free from malware, trojans and any other similar such
viruses that may be harmful to the musindie website and other users.
3.4Any links that are created to our website must also comply with the terms of our
Acceptable Use and Privacy Policies and may be permitted so long as no adverse impact
(at our sole opinion and discretion) is caused to our website, our business or brand
reputation or the performance or operation of the website. We reserve the right to
block, cancel or withdraw any links that do not meet these conditions at any time at
3.5The design, wording, images, functions, features and process flows of the musindie
website are the intellectual property (“IP”) of musindie and shall not be copied or used
by any other person for any other purpose except with the prior written agreement,
consent and authorisation of musindie. All such IP rights are reserved to us and
protected by relevant laws and treaties around the world. Any person or member found in
breach of musindie IP rights may at our absolute and sole discretion be removed and/or
barred from the website and may be requested to return or destroy any such materials and
to provide confirmation of such. We further reserve our rights and remedies at law to
seek injunctions and/or other equitable relief and/or damages for any breach of rights
and obligations relating to such IP.
3.6Any members found to be in breach of the above may be subject to immediate suspension
and/or deactivation of their account and blocking of email or IP address and denial of
access to any associated song collaboration projects and files and for which you agree
to indemnify musindie against any claims, loss or liability resulting from such actions.
4.Song Collaboration Project Management
4.1Through the musindie website services you and other members may engage in online song
collaboration projects (“Song Project”) with the expected outcome of finished original
musical work (song) being produced for publishing, promotion and sale. Within musindie,
for each Song Project there are specific role titles used and these are important for
both the practical and legal management of your song creation and collaboration and
importantly also ongoing proof of (copyright) ownership.
4.2For each Song Project there is a “Creator” – the member who starts, sets up and manages each song collaboration project including:
Outline of the Song Collaboration Project goals, standards, rules, processes, key
milestones, stages, dates, expected audio file formats and other information as
relevant and required to ensure successful completion of the song collaboration and
Invitation and Acceptance of other members to collaborate for specified services on
the song collaboration project
Whether the members participating in a song collaboration project are undertaking
such services (a) Free of charge, (b) for a once off Collaboration Services Fee
(with waiver of any rights or claims to downstream royalties) or (c) agreement on a
percentage rights ownership share of future sales and performance royalties where
such services are facilitated through musindie
The terms and dates on which collaboration services will have been deemed to
commence and satisfactorily complete across members and the amount of any/all
financial payments due to Collaborators.
The agreed song ownership rights across collaborators and the confirmation of such
ownership percentages across members to musindie for the purposes of sales and/or
licensing payments distribution
4.3For Song Projects you create and/or join you may also assume the role of a
“Collaborator”. In contributing talents and services to a Song Project you can choose
to provide such services for (a) For fun and for Free, (b) for a once off Collaboration
Services Fee (with no claim to song ownership / royalty share or rights; or (c) For an
agreed percentage (%) ownership share in the writing of the song. If the agreed
arrangement is to provide services for free plus an ownership share then two agreements
will need to be created in musindie – one for the services at specific fee amount and
one for the agreed % ownership share. All such arrangements will be captured and
displayed by way of an online Collaboration Agreement attached to each Song Project
4.4Any / all members who have an agreed % ownership share in any song will be recorded and
displayed by musindie as “Writer(s)” for that particular Song/Project. Any income from
sales within the website (payable by musindie) will then also be distributed to members
in accordance with the agreed song ownership shares. Collaborators who provide services
for free or for once off fee for services will not be recognised as Writers (reflecting
copyright ownership rights) but can and should be acknowledged in Song Details and
Descriptions as contributors, also known as moral rights.
4.5The Song Project Creator may also choose within the Song Project Edit page (from any/all
collaborators), Feature Artist(s) for each Song. This will be shown in the Song Project
display boxes as “Artist(s)”. By default the Artist(s) will be noted as the same name as
the Creator (unless changed). This title does not represent or imply any ownership
rights to the song and is provided primarily for recognition of feature recording
performance contribution and for songs to also be searched by Artist(s) as separate
from song Writer(s).
4.6Where you assume a role as “Creator’’ you agree to make good the financial payments
associated with any collaboration services projects and agreement as and when they are
due and you shall not reasonably withhold any such payment without provision of clear
evidence of breach of the terms of the services between you and musindie member
collaborator providing such services. We reserve the right, but not the obligation to
investigate and query any payments not made on collaboration services agreements 14 days
past the nominated expected completion due date for such payment.
4.7Where members have agreed on the provision of song collaboration services as a once off
“collaboration service fee”, the agreed total payment amount due for any/all such
services shall be payable by the Creator to the Collaborator within musindie as follows:
20% (upfront) on the agreed acceptance and commencement date of each collaboration
80% on the collaboration services agreement end date as agreed between Collaborators
and the Creator.
4.8We cannot and do not guarantee that any Collaborators will satisfactorily complete
obligations under any song collaboration project agreement and you enter any such
collaboration projects and agreements at your own risk. It is however with this in mind
that we instigated the split of payments for services of 20% up front and 80% on
satisfactory completion to create clear obligations and incentives for satisfactory
services being provided. Accordingly we strongly recommend that the terms and expected
services to be provided are clearly defined, understood and accepted through the
collaboration agreements to mitigate such subsequent issues arising.
4.9No rights or transfer of ownership of any creative input, material or recordings will
pass from any Collaborator to Creator until all terms of the collaboration agreement
have been met and all agreed payments made and received. Furthermore, Collaborators
reserve the right to remove and delete any files and content (that they have
contributed) to the relevant Song Project should the terms of an agreed collaboration
agreement not be met or honoured.
4.10You must not download, copy, use or reference any other user / member’s content material
from the website for your own (and/or any other entities connected with you) commercial
or self promotional purposes without confirmed written agreement and permission from the
owner of such content.
4.11The musindie website has been established to encourage and facilitate both healthy
creative and economic collaboration between members and to allow indie artists and
members’ greater control and reward for original song writing ,performance, promotion
and distribution services. Accordingly, as a registered member of musindie you agree to
manage negotiation or re-negotiation of song collaboration projects within the services
of the website and not to purposefully avoid use of the site in negotiation of financial
terms of facilitation of projects.
5.Copyright Law and Management
5.1musindie has been created to encourage, support and facilitate original new songs
written by independent musicians and artists supported by access to music industry
services professionals. As a general rule no covers of other people’s songs are
permitted on the site and this extends to use of short song samples and riffs within
5.2musindie will remove with notice to the Creator any Songs/Projects that webelieve (in
our absolute discretion) are not the original material of the Creator and/or
Please therefore read the following clauses carefully.
5.3All users and members must comply with local and international Copyright laws and
primary reference with regard to usage, complaints and compliance for the musindie
website will be to the Australian Copyright Act 1968 (and Amendment update 2006) and
also to the Digital Millennium Copyright Act, 1998 (USA).
5.4For any content material you post or produce to or via the website you have the
authority to grant us such licence as stated above and further warrant, agree and
confirm that any such material does not infringe or breach any copyright, trademark,
patent or intellectual property rights of any other person. musindie will not be
responsibility or liable for any costs, loss or damages arising out of the use of
copyright material by you and you further indemnify us against any such claims.
5.5It is recommended that all users and members of the musindie website familiarise
themselves with the legal and general operating provisions of Song and Recording
Copyright Laws of Australia. This will include rights and laws pertaining to Song
Writing Ownership (Lyrics and Music), Song Recording Ownership and Song Performances as
well as Moral Rights for artists and performers involved in the creation of a song.In
particular to be aware of the importance in engaging “Collaborators” in musindie Song
Collaboration Projects as either a “once off collaborations services fee” (as
outlined above) or where you have agreed to share ownership rights in any song
and/or recording. These considerations and provisions extend across musicians, lyric
writers, studios, producers and/or audio engineers involved in creation of the song.
5.6The musindie website provides for only a limited amount of support and protection
regarding ownership of song music, lyrics and recordings through the registration of
details of Song Collaboration Managers and Song Collaborators and the terms upon which
they have agreed collaboration on the song within musindie. For further details and
guidance on management of song copyright between musindie Song Creators and
Collaborators, users and members of musindie are encouraged to review websites for the
Australian Copyright Council (www.copyright.org.au) and the Australian Performing Rights
Association “APRA” (www.apra.com.au) and various legal rights for musicians websites that
may be applicable to song copyright management within your country of residence.
5.7musindie does not claim any ownership rights to content that is posted, produced or
distributed on the website by you (including images, photos, audio or video files,
lyrics wording documents or any other materials relevant to the website services
provided). However by use and posting of such material to the musindie website you
hereby grant us a limited, non exclusive, royalty free worldwide usage licence to use,
modify, publically display, reproduce and/or stream such content material through the
musindie website. This licence does not allow musindie to sell your content material
and the primary purpose of such licence is to be able to provide such information and
content to other users on the site and to promote the activities and content of artists
using the site for the benefit of all members.
6.Fees, Charges and Financial Transaction management for musindie website services
6.1A substantial amount of time and investment has gone into the creation of the musindie
website and services to create a valuable platform for the continued growth and
sustainability of the indie music industry. Many features of the musindie website are
provided free of charge however to remain viable and to continue to improve and grow our
services it is necessary that we charge what we believe are very competitive and
reasonable fees for the online features and services we provide. We are fully committed
to our principal of improved income opportunities and returns to indie songwriters and
artists and to provide a self managed music networking, creation, production and
distribution service that enables members to achieve this.
6.2The base currency for the musindie website financial transactions will be Australian
Dollars (“AUD”) and any numerical dollar amounts indicated shall mean AUD unless
otherwise specified. The amounts payable for Service transactions are expressed
inclusive of Australian Goods and Services Tax (“GST”) and each such amount includes an
amount equal to the GST payable in respect of the supply to which the amount relates.
If the rate of GST payable (currently 10%) changes, the new tax rate in effect at the
time of download will apply and the total amount payable will be increased or decreased
so the fees for value of services for musindie remains the same, irrespective of the
change in rate of GST. No customers are eligible for tax exemptions for transactions
made on the Services.
6.3Any and all transactions for collaboration services offered and charged between musindie
Members shall also be GST inclusive and no further fees or charges shall be payable
between members for such services except fees due and payable to musindie for provision
and facilitation of such services as outlined below.
6.4The musindie website will offer and operate for each signed-up, logged-in member a
musindie financial account known as the “musindie account balance”. This account can be
used within musindie to make and receive payments between members. Funds can be added
or withdrawn from the musindie account balance by way of credit card or linked bank
account. Withdrawals from the musindie account to other bank accounts can take 3- 5
days to process and this is outside of the control of musindie. Otherwise signed-up
members are able to make purchases and payments using a linked credit card directly.
6.5Details of your current musindie account balance, payments made and due, income and
expenses, are also provided on a dedicated musindie website Financials summary page
under member personal profiles.
6.6musindie will use the services of Pin Payments (owned and operated by Southern Payment
Systems Pty Ltd, Melbourne, Australia) as the sole means to facilitate credit and debit
payment transactions between users, consumers and members of the website.
6.7All fees, commissions and charges payable by you to musindie for use of the website
services will be automatically debited to your musindie account balance. You agree to
maintain sufficient balance in your musindie account to meet all payments, fees and
charges as and when they are due. We may suspend your account and access to our website
activities, features and services (without any claim by you for consequence, loss or
liability) should insufficient funds be available in your musindie balance account
and/or for any amounts remain outstanding after 7 days.
6.8Pin Payments charges transaction fees for use of their services in making payments to
other musindie members and any fees, commissions and charges also payable to musindie.
We have no control or authority over these charges by Pin Payments and these will be
additional to musindie fees and charges and also charged to your musindie account. We
are mindful of these costs also and will use our best endeavours to structure processes
and services to ensure all costs are kept as low and competitive as reasonably possible.
6.9Musindie Features Fees and Charges are outlined under the Subscription Membership Level information within the musindie website as well as outlined in Schedule 1 at the end of this document.
7.1.1Within the musindie website, as a registered member you are able to create a Song
Collaboration Project. As the Song Collaboration Creator and Manager (“Creator”), you
may then request the skills, talents and services (of other musindie members) to join
your Song Project. You will be required to provide details of the Song Project and the
skills being sought. Optionally also an indicative budget for the skills, talents and
services being requested. Other registered musindie members may then bid and offer their
services to a project of interest by clicking on the Song Project and following the
collaboration agreement process that will follow.
7.1.2As a registered musindie member you can also search, bid and offer to join other Song
Projects of interest where your skills, talents and services also match what is being
requested. In doing so you will be known as a Song “Collaborator” and song projects that
you have joined will be listed under My Songs on the website.
7.1.3The terms upon which members request, bid and offer services as part of Song
Collaboration project, as documented in the associated musindie website process and
forms data, shall be known and operate as the Song Project Collaboration Services
Agreement (the “Collaboration Agreement”). This Collaboration Agreement will exist
between the song Creator and the song Collaborators. As outlined in further detail in
Section 4.2 above, there can only be one Song Project Creator per project but there
maybe be many Collaborators to each Song Project. The song project “Creator” assumes
legal and operational responsibility for management of all song and recording
ownership rights, royalties and collaboration agreements associated with that Song
7.1.4For skills, talents and services requested and offered as part of a collaboration
agreement, musindie will charge a collaboration facilitation fee calculated on the value
of exchange on each song project collaboration agreement. The musindie collaboration
fees vary by subscription level and are outlined in Schedule 1 – attached at the end of
this document and under membership level information on the website.
7.1.5Fees will be charged and debited to the member’s musindie balance account upon
acceptance of each Collaboration Offer and Agreement.
7.2Audio File Hosting Fees
7.2.1Each registered member will be entitled to 2 gigabytes (2Gb) of file storage space free
of charge within the musindie cloud hosting environment. Calculation of file storage
space usage will be for all audio and media files (eg. WAV, MP3, jpg, doc. etc) uploaded
and associated with Song Projects for which you are Creator, whether as Work in Progress
(WIP) Opportunities and/or for Published Songs.
7.2.2If and when the 2Gb audio file storage limit is reached, no further files will be able
to be uploaded (against that member’s profile). A notification will be provided to
members when their 2Gb file hosting limit is reached.
7.2.3Members may obtain increased allowances of song file storage space by requesting and
confirming and upgrade to higher tier (Gold & Platinum) membership level within
musindie. The storage allowance for higher membership levels are outlined in Schedule 1
– attached at the end of this document.
7.3Song Sales and Streaming Fees (Published Songs)
7.3.1musindie members (Creators, Writers & Artists) are encouraged to publish and sell their
original song compositions on musindie. This will allow our online indie artists
community of songs and members to grow and to financially support each other. musindie
does not hold exclusive rights to any song and does not wish to restrict members from
publishing and selling songs via other online website stores. musindie has however
sought to provide features, services and pricing that makes it attractive and beneficial
for members to use the musindie website for the end to end creation, collaboration,
production, promotion and sale process so as to increase and maintain creative,
promotional and economic benefits to musindie members.
7.3.2The minimum price to BUY Published Songs on musindie has been set at $0.99 Song Project
Creators are able to specify any price above this however a range between $0.99 and
$2.69 is suggested in consideration of the prices for comparable song download
/ distribution sites. This reflects musindie’s goal and philosophy to promote better
reward for the creative effort of independent musicians and artists. We do not believe
that great unique independent songs should be given away for free.
7.3.3For completed songs published and sold by download, an amount (as specified in
Schedule 1 at the end of this document – per Membership Subscription Level) will be
charged by musindie as a Published Song Sales Commission. This will be split in
accordance with the writers song ownership percentages % recorded by the song Creator in
relation to each song. By way of example and for the purposes of clarity, if a song
priced at $1.65 is bought and downloaded 20 times in a month, total sales will be
$33.00. If two writers own the song equally, each will receive $16.50 in credit in
their musindie account and will also be charged (debited to each musindie account) an
amount of $7.26 ($3.63) each for musindie sale fees.
7.3.4musindie is currently working on a Streaming Service and/or packages of songs by
musindie artists for download by individuals or for commercial purposes as part of a
future upcoming functionality upgrade release. Further details and pricing will be
advised at the time of the launch and updated within this Terms and Conditions Document.
We remain committed with the proposed streaming services to support the ongoing creative
and financial growth and sustainability of musindie artists and the Indie music industry.
7.4.1musindie may at some time in the future allow for placement of advertising
messages or banners on the website. Fees for placement of such advertisements will be
negotiated and agreed with the persons or companies who so wish to place advertisements
depending on size, location, type and duration of the advertisement and advertising
space. musindie may also at some future time provide for standard site advertising rates
which shall be advised on the website and/or within an update of these terms and
8.Links to other Third Party Sites
8.1From time to time our website may contain links to other third-party websites
associated with our business services. Please be aware that these websites will have
their own Terms and Conditions and Privacy Policies. We cannot accept any responsibility
or liability arising from any information you provide or activities conducted within
those websites or the management of cookies that may also originate from those websites.
8.2Furthermore, any reference by musindie via the website to any other third party
site, business, supplier or other service provider is primarily for informational
purposes and does not imply or constitute an endorsement or recommendation.
9.Disputes between Users or Members
9.1musindie does not seek or intend to manage or arbitrate any agreements or
disagreements between members in relation to song writing ownership, recording or song
performance rights or royalties. musindie will be expressly reliant on the song Creator
to manage any such agreements between musindie and/or other song collaboration members,
producers, publishers or artists. musindie will apply any distribution of relevant
sales royalty share payments from Published song sales in accordance with details of
member names and percentage (%) ownership split as specified and authorised by the
Creator in accordance with each song project collaboration agreement within the website.
9.2You are solely responsible for any and all interactions with other musindie
users and members. Subject to the acceptable use of the website provisions above and
obligation to disclose data input, changes, comments, complaints or activities relating
to any user or member profile and activities. Accordingly, we reserve the right but
also have no obligation to monitor, intervene or assist in any dispute between users
and/or members unless required to do so by an authorised law enforcement agency or body.
10.General Provisions and Governing Law
10.1These Terms and Conditions and any claim or dispute arising from it or
associated with it shall be governed according to the Federal and State Laws of
Australia and the State of Victoria, Australia. This shall equally apply where any
member or persons raising such claim or dispute reside outside of Australia.
10.2musindie website users and members shall also agree to respect and abide by any
laws that govern the access and use of websites within their own country and musindie
shall not be responsible or liable for any action arising from a breach of such laws.
10.3These Terms and Conditions accepted by your confirmation and use of the website
contain the entire agreement between you and musindie and no other partnership,
employment, or agency relationship exists between you and musindie by the use of these
10.4Any failure by any condition or clause at law shall not constitute a failure of
this agreement in its entirety and all Terms and Conditions will remain in full force
and effect. Furthermore, any failure by musindie to enforce any condition, right or
provision does not constitute any waiver of such condition and shall remain in full
force and effect.
10.5You agree to defend, indemnify and hold harmless musindie, its directors,
managers and employees from any claim, loss, liability or damages made by any third
party against you as a result of use of the website and/or any breach of these terms
10.6In any event that our liability as limited in these Terms and Conditions cannot
by excluded by law, our maximum liability to you for any cause or claim whatsoever shall
be limited to the amount paid by you to musindie (if any) for chargeable services
specifically relevant to any claim