SHOUT! Music: License Terms and Conditions

Purpose and Scope of Use

  1. Purpose and Scope of Use
    • This Website is operated by Hillsong International Ltd atf Hillsong International t/a SHOUT! Music (ABN 81 254 249 210) (“SHOUT! Music”). By subscribing and utilising the Works on this website you agree to become subject to these terms and conditions. These terms and conditions are a legal agreement between you (“Licensee”) and SHOUT! Music.

    • This Website has been developed to equip your church with high-quality creative assets for use in your church services, presentations and special events, to further the good news of the Gospel; while maintaining the integrity of the creative works developed by the Works we are licensing.

    • If it is found that the License provided is being utilised other than the purpose in clause 1.2, such as but not limited to, use outside of your charity or ministry, SHOUT! Music reserves the right to terminate the license granted at any time subject to clause 10 (Termination).

    • By entering into this Agreement, you warrant that you are the authorised representative to agree to these terms on behalf of an organization, entity or company. Upon acceptance of these terms, the entity is bound to the license granted, restrictions and limitation granted herein irrespective of the authorised representative’s employment or relationship with such entity.

    • Purpose: This Website is to be used for a ministry and charitable purpose, enabling Churches and Christian Ministries to utilise the licensed content to produce additional content for use in and promotion of goods, services and events to their congregation or ministry. For clarification and the avoidance of doubt, any other commercial release of audio-visual or visual only media, audio visual templates, cinematograph film, photographic images, artistic works, dramatic works, musical compositions, choreography and sound recordings or any other form of intellectual property release by the Licensee which utilises Works provided by SHOUT! Music as defined in clause 2.7 is not permitted. If the Licensee wishes to utilise the Works provided by SHOUT! Music for the commercial release of a project outside of the scope of this clause, the Licensee must acquire a separate license from SHOUT! Music and must contact licensing@shoutmusic.com to receive a quote for this use, and the licensee acknowledges that not all content will be permitted to be utilised in this manner.

  2. Interpretation
    • Whenever “We”, “Our”, “Us” or “SHOUT! Music” is used in these Terms and Conditions it is referring to your relationship with and an obligation or right, with Hillsong International Ltd atf Hillsong International t/a SHOUT! Music.

    • Whenever “You” is used in the Terms and Conditions it is referring to the direct recipient of the Works provided in the subscription to SHOUT! Music.

    • “Artists” means creators who contributed Works provided to SHOUT! Music who may be individually and collectively referred to.

    • “Copyright” means and refers to definitions and rights granted in the Copyright Act 1968 (Cth).

    • “The Parties” refers to both you and SHOUT! Music.

    • “Subscription” means your agreement to receive the services provided by SHOUT! Music in the form of “Works” defined below.

    • “Works” includes but is not limited to entire full versions, edits and outtakes of audio-visual or visual only media, audio-visual templates, photographic images, artistic works, dramatic works, musical compositions, choreography, and sound recordings which may be individually and collectively referred to.

  3. License
    • SHOUT! Music hereby grants to Licensee a non-exclusive, non-transferable license to use the Works of those Artists represented by SHOUT! Music subject to the terms and conditions set forth below.

    • All rights not expressly given in this agreement are strictly reserved by SHOUT! Music.

    • You acknowledge that the “Works” are the property of SHOUT! Music and its Artists or licensed for use and capable of being sublicensed by SHOUT! Music in accordance with this agreement.

  4. Payment & Delivery
    • All prices clearly indicate the currency you will be charged and are inclusive of relevant taxes where applicable.

    • Unless otherwise agreed by SHOUT! Music in writing, payment is by Amex, Visa or MasterCard only of which additional merchant fees may apply.

    • You must pay for the Subscription purchased on the website at the time of placing your order. SHOUT! Music will issue a tax invoice to you when your payment has been successfully processed.

    • SHOUT! Music may vary the prices on this website at any time. SHOUT! Music will notify you in your current contract period of the change in pricing, and such changes will take effect on the renewal of your term.

    • SHOUT! Music may accept or reject the purchase of a License at its discretion, including (without limitation) if the payment method appears fraudulent, or there is an error in the price or description of the Subscription. If SHOUT! Music rejects your order, we will notify you of that rejection.

  5. Restrictions on Use
    • You are granted the right to:
      • Make any edits, changes or additions to the Images/s or videos provided SHOUT! Music.
      • Adjust the duration of any audio material provided by SHOUT! Music. Any alterations to audio, such as alterations to musical composition or lyrics are not permitted. If it is found you are in breach of this clause, this will entitle SHOUT! Music to terminate your subscription pursuant to clause 10 (Termination).

    • You must:
      • Only use the Works for the purpose outlined in Clause 1.5 (Purpose) and not for any other purpose.
      • Take all steps reasonably necessary to protect the Works from unauthorised use, copying or disclosure.
      • Comply with all applicable laws, industry standards and codes when using the Works, including the Copyright Act 1968 (Cth) and the international equivalent copyright laws.

    • You must not:
      • Sell, rent, lease assign, license, sub-license or otherwise transfer the Works to any third party in any form without SHOUT! Music’s prior written consent.
      • Modify, adapt, translate, create derivative works, distribute or publish online any part of the Works unless expressly permitted by these terms and conditions.
      • Use the Works to develop another product or material having the same primary function of the Works.
      • Use the Works in any way that might be considered defamatory, political or which may be construed as outside the reasonable scope of the Church’s mission, purpose or Christian belief.
      • Use the Works in any manner that creates a false inference or places the Works in a context that is likely to result in bringing SHOUT! Music or any Artist of SHOUT! Music into public ridicule or detract from the public image of SHOUT! Music or any of its Artists.
      • Deal directly or indirectly with any Artist regarding the Artist’s Works.

    • We rely upon your honesty to disclose the size of your congregation and charge subscription services according to this size. If it is found you are operating under the incorrect subscription category, SHOUT! Music reserves the right to offer you the appropriate license or may terminate your subscription.

  6. Restrictions on Use
    • Whilst you are able to publish the Works to YouTube, Facebook, Instagram and any other social media or online platform(s). SHOUT! Music reserves the right to monetize the underlying and master licensed Works published on platforms. Should you wish to release the Works on any streaming service upon which you relied upon this service, SHOUT! Music will claim ownership of the Works through the content ID system and will assign rights accordingly.

  7. Warranties
    • SHOUT! Music warrants and represents that it has the right to enter into this agreement and to grant the rights herein granted, that the exercise of the said grant of rights will not violate or infringe upon any copyright or any other rights of any third party, and that it has obtained approval from any and all persons and entities whose approval is required for the licence and grant of rights made herein and that SHOUT! Music shall be solely responsible for and shall indemnify and hold you harmless from any payments to such persons and entities with regard to the use of the Works.

    • The Works are provided ‘as is’ without representation, warranty, representation, statements or guarantees in relation to this website or the Works except those provided by law. SHOUT! Music doesn’t warrant or represent that the Works will meet your requirements or that use of the Works will be uninterrupted or error free. Should the Works prove defective, you and not SHOUT! Music assume the entire cost of all necessary corrections.

  8. Intellectual Property Rights
    • You acknowledge that all intellectual property rights in and to the Works is owned by, or licensed to, SHOUT! Music. Except otherwise permitted by these terms and conditions, nothing in these terms and conditions transfers ownership in the Works.

    • All content provided by SHOUT! Music is protected under the Copyright Act 1968 (Cth). If it is found that you or a beneficiary of your license has used our content in an unauthorised manner, SHOUT! Music reserves the right to pursue any intellectual property or damages claim.

 

  1. Privacy
    • SHOUT! Music is committed to protecting your privacy. SHOUT! Music will comply with Hillsong International Ltd atf Hillsong International’s Privacy Policy and the Privacy Act 1988 (Cth). SHOUT! Music will not reveal your personal information to external organizations except for the purposes of fulfilling your order or otherwise permitted or required by law. For more information on Hillsong International Ltd atf Hillsong International’s Privacy commitments, please refer to our Privacy Policy.

  2. Limitation of Liability
    • In no event shall SHOUT! Music or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation your use of, reliance upon, access to, or exploitation of the Works, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

    • he content included in the subscription is protected under copyright. The Works provided to subscribers of SHOUT! Music does NOT constitute, or contain legal, medical or other advice. The use of the products is entirely at your own risk.

  3. Termination
    • SHOUT! Music may terminate the subscription upon a breach of any of the terms of this Agreement by the you. Notice of termination will be provided by email or written notice to the you. If you fail to remedy the breach complained of fourteen (14) days of the date the notice, then this Agreement shall automatically terminate on the fifteenth (15) day.

    • Upon SHOUT! Music providing notice of termination you must remove the infringing content immediately at your own expense and cease to render our services and the Works provided.

    • Upon termination, expiration, notice to cancel or termination of your subscription by either party of your subscription to SHOUT! Music, all pre-existing licensed material are able to be utilized so long as no Derivative works are created and pre-existing Works are not re-worked which utilise Works provided by SHOUT!

    • You may decide to terminate your subscription after the initial 12-month subscription upon notice to SHOUT! Music. If no notice is provided to SHOUT! Music upon the subscription turning 12-months, your subscription will be renewed for another 12-month period which can be terminated at any time. If you decide to terminate your subscription after the initial 1-year subscription period, SHOUT! Music will compensate you for your yearly subscription on a pro-rata basis.

    • Termination does not affect any accrued rights or remedies a party may have up to the date of termination.

    • Clauses 8 (Intellectual Property Rights), 10 (Limitation of liability), 11 (Termination) and 13 (General) survive termination.



  1. Indemnification
    • The Parties shall indemnify, hold harmless and defend the other party, its parent, subsidiaries, affiliates, and the other party’s respective officers, directors, employees and agents from any and all liabilities, actual loss, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) incurred that arise out of any claim, demand, suit, action, encumbrance, deficiency, or proceeding brought by a third party that involves, relates to or concerns a violation or other breach of any of the provisions of this Agreement (including, without limitation, any of the representations or warranties of the Indemnifying Party set forth in this Agreement) or the negligence or wilful misconduct. The Parties must, upon receipt of a notice of a claim that could result in one of the Parties indemnifying the other, give prompt notice to the other Party of the existence and specifics of such claim.

  2. General
    • These terms and conditions constitute the entire Agreement between the Parties relating to its subject matter.

    • This Agreement may only be modified, altered or amended by written instrument executed by the Parties.

    • Any attempt by you to assign this Agreement other than as permitted above will be null and void. This Agreement will be binding upon the Parties respective successors and permitted assigns.

    • If any clause (or part of a clause) in these terms and conditions is held by a Court to be illegal, void or unenforceable, the remaining provisions shall remain in full force and effect.

    • We may amend or update these terms and conditions without notice to you from time to time. If we amend or update these terms and conditions, we will take such steps as are reasonable in the circumstances to bring this to your attention, however, your continuing and ongoing use of this website will indicate your agreement to the amended or updated terms and conditions.

    • SHOUT! Music will not be liable for any delay or failure to perform its obligations under these terms and conditions due to events beyond its reasonable control.

    • All notices required under this Agreement shall be in writing and are considered to be served when personally served, digitally delivered by email, delivered by registered post to the address below unless otherwise agreed upon by the Parties:

ATTN: Legal
Hillsong International Ltd atf Hillsong International t/a SHOUT! Music
1-9 Solent Circuit, Norwest, NSW, 2153, Australia.

(Email: legal@hillsong.com)

    • This Agreement shall be government and construed under the laws of the State of New South Wales, Australia.If any clause (or part of a clause) in these terms and conditions is held by a Court to be illegal, void or unenforceable, the remaining provisions shall remain in full force and effect.

Interpretation

  1. Whenever “We”, “Our”, “Us” or “SHOUT! Music” is used in these Terms and Conditions it is referring to your relationship with and an obligation or right, with Hillsong International Ltd atf Hillsong International t/a SHOUT! Music.

  2. Whenever “You” is used in the Terms and Conditions it is referring to the direct recipient of the Works provided in the subscription to SHOUT! Music.

  3. Artists” means creators who contributed Works provided to SHOUT! Music who may be individually and collectively referred to.

  4. Copyright” means and refers to definitions and rights granted in the Copyright Act 1968 (Cth).

  5. The Parties” refers to both you and SHOUT! Music.

  6. Subscription” means your agreement to receive the services provided by SHOUT! Music in the form of “Works” defined below.
  7. Works” includes but is not limited to entire full versions, edits and outtakes of audio-visual or visual only media, audio-visual templates, photographic images, artistic works, dramatic works, musical compositions, choreography, and sound recordings which may be individually and collectively referred to.

License

  1. SHOUT! Music hereby grants to Licensee a non-exclusive, non-transferable license to use the Works of those Artists represented by SHOUT! Music subject to the terms and conditions set forth below.

  2. All rights not expressly given in this agreement are strictly reserved by SHOUT! Music.

  3. You acknowledge that the “Works” are the property of SHOUT! Music and its Artists or licensed for use and capable of being sublicensed by SHOUT! Music in accordance with this agreement.

Payment & Delivery

  1. All prices clearly indicate the currency you will be charged and are inclusive of relevant taxes where applicable.

  2. Unless otherwise agreed by SHOUT! Music in writing, payment is by Amex, Visa or MasterCard only of which additional merchant fees may apply.

  3. SHOUT! Music may vary the prices on this website at any time. SHOUT! Music will notify you in your current contract period of the change in pricing, and such changes will take effect on the renewal of your term.

  4. SHOUT! Music may accept or reject the purchase of a License at its discretion, including (without limitation) if the payment method appears fraudulent, or there is an error in the price or description of the Subscription. If SHOUT! Music rejects your order, we will notify you of that rejection.

Restrictions on Use

  1. You are granted the right to:

    1. Make any edits, changes or additions to the Images/s or videos provided SHOUT! Music.

    2. Adjust the duration of any audio material provided by SHOUT! Music. Any alterations to audio, such as alterations to musical composition or lyrics are not permitted. If it is found you are in breach of this clause, this will entitle SHOUT! Music to terminate your subscription pursuant to clause 10 (Termination).

  2. You must:

    1. Only use the Works for the purpose outlined in Clause 1.5 (Purpose) and not for any other purpose.

    2. Take all steps reasonably necessary to protect the Works from unauthorised use, copying or disclosure.

    3. Comply with all applicable laws, industry standards and codes when using the Works, including the Copyright Act 1968 (Cth) and the international equivalent copyright laws.

  3. You must not:

    1. Sell, rent, lease assign, license, sub-license or otherwise transfer the Works to any third party in any form without SHOUT! Music’s prior written consent.

    2. Modify, adapt, translate, create derivative works, distribute or publish online any part of the Works unless expressly permitted by these terms and conditions.

    3. Use the Works to develop another product or material having the same primary function of the Works.

    4. Use the Works in any way that might be considered defamatory, political or which may be construed as outside the reasonable scope of the Church’s mission, purpose or Christian belief.

    5. Use the Works in any manner that creates a false inference or places the Works in a context that is likely to result in bringing SHOUT! Music or any Artist of SHOUT! Music into public ridicule or detract from the public image of SHOUT! Music or any of its Artists.

    6. Deal directly or indirectly with any Artist regarding the Artist’s Works.

  4. We rely upon your honesty to disclose the size of your congregation and charge subscription services according to this size. If it is found you are operating under the incorrect subscription category, SHOUT! Music reserves the right to offer you the appropriate license or may terminate your subscription.

  5. Whilst you are able to publish the Works to YouTube, Facebook, Instagram and any other social media or online platform(s). SHOUT! Music reserves the right to monetize the underlying and master licensed Works published on platforms. Should you wish to release the Works on YouTube upon which you relied upon this service, YouTube’s Content ID system will assign rights accordingly.

Warranties

  1. SHOUT! Music warrants and represents that it has the right to enter into this agreement and to grant the rights herein granted, that the exercise of the said grant of rights will not violate or infringe upon any copyright or any other rights of any third party, and that it has obtained approval from any and all persons and entities whose approval is required for the licence and grant of rights made herein and that the Artist shall be solely responsible for and shall indemnify and hold you harmless from any payments to such persons and entities with regard to the use of the Works.

  2. The Works are provided ‘as is’ without representation, warranty, representation, statements or guarantees in relation to this website or the Works except those provided by law. SHOUT! Music doesn’t warrant or represent that the Works will meet your requirements or that use of the Works will be uninterrupted or error-free. Should the Works prove defective, you and not SHOUT! Music assumes the entire cost of all necessary corrections.

Intellectual Property Rights

  1. You acknowledge that all intellectual property rights in and to the Works is owned by, or licensed to, SHOUT! Music. Except otherwise permitted by these terms and conditions, nothing in these terms and conditions transfers ownership in the Works.

  2. All content provided by SHOUT! Music is protected under the Copyright Act 1968 (Cth). If it is found that you or a beneficiary of your license has used our content in an unauthorised manner, SHOUT! Music reserves the right to pursue any intellectual property or damages claim.

Privacy

  1. SHOUT! Music is committed to protecting your privacy. SHOUT! Music will comply with Hillsong International Ltd atf Hillsong International’s Privacy Policy and the Privacy Act 1988 (Cth). SHOUT! Music will not reveal your personal information to external organizations except for the purposes of fulfilling your order or otherwise permitted or required by law. For more information on Hillsong International Ltd atf Hillsong International’s Privacy commitments, please refer to our Privacy Policy.

Limitation of Liability

  1. In no event shall SHOUT! Music or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation your use of, reliance upon, access to, or exploitation of the Works, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

  2. The content included in the subscription is protected under copyright. The Works provided to subscribers of SHOUT! Music does NOT constitute or contain legal, medical or other advice. The use of the products is entirely at your own risk.

Termination  

  1. SHOUT! Music may terminate the subscription upon a breach of any of the terms of this Agreement by you. Notice of termination will be provided by email or written notice to you. If you fail to remedy the breach complained of fourteen (14) days of the date the notice, then this Agreement shall automatically terminate on the fifteenth (15) day.

  2. Upon SHOUT! Music providing notice of termination you must remove the infringing content immediately at your own expense and cease to render our services and the Works provided.

  3. Upon termination or expiration of your subscription to SHOUT! Music all pre-existing licensed material is unable to be utilized past 3 months of expiration, notice to cancel or termination of your subscription by either party.

  4. You may decide to terminate your subscription after the initial 12-month subscription upon notice to SHOUT! Music. If no notice is provided to SHOUT! Music upon the subscription turning 12-months, your subscription will be renewed for another 12-month period which can be terminated at any time. If you decide to terminate your subscription after the initial 1-year subscription period, SHOUT! Music will compensate you for your yearly subscription on a pro-rata basis.

  5. Termination does not affect any accrued rights or remedies a party may have up to the date of termination.

  6. Clauses 8 (Intellectual Property Rights), 10 (Limitation of liability), 11 (Termination) and 13 (General) survive termination.

Indemnification

  1. The Parties shall indemnify, hold harmless and defend the other party, its parent, subsidiaries, affiliates, and the other party’s respective officers, directors, employees and agents from any and all liabilities, actual loss, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) incurred that arise out of any claim, demand, suit, action, encumbrance, deficiency, or proceeding brought by a third party that involves, relates to or concerns a violation or other breach of any of the provisions of this Agreement (including, without limitation, any of the representations or warranties of the Indemnifying Party set forth in this Agreement) or the negligence or willful misconduct. The Parties must, upon receipt of a notice of a claim that could result in one of the Parties indemnifying the other, give prompt notice to the other Party of the existence and specifics of such claim.

General

  • These terms and conditions constitute the entire Agreement between the Parties relating to its subject matter.

  • This Agreement may only be modified, altered or amended by a written instrument executed by the Parties.

  • Any attempt by you to assign this Agreement other than as permitted above will be null and void. This Agreement will be binding upon the Parties respective successors and permitted assigns.

  • If any clause (or part of a clause) in these terms and conditions is held by a Court to be illegal, void or unenforceable, the remaining provisions shall remain in full force and effect.

  • We may amend or update these terms and conditions without notice to you from time to time. If we amend or update these terms and conditions, we will take such steps as are reasonable in the circumstances to bring this to your attention, however, your continuing and ongoing use of this website will indicate your agreement to the amended or updated terms and conditions.

  • SHOUT! Music will not be liable for any delay or failure to perform its obligations under these terms and conditions due to events beyond its reasonable control.

  • All notices required under this Agreement shall be in writing and are considered to be served when personally served, digitally delivered by email, delivered by registered post to the address below unless otherwise agreed upon by the Parties:
    ATTN: Legal
    Hillsong International Ltd atf Hillsong International t/a Church Creative
    1-9 Solent Circuit, Norwest, NSW, 2153, Australia. (
    Email: legal@hillsong.com)

  • This Agreement shall be governed and construed under the laws of the State of New South Wales, Australia. If any clause (or part of a clause) in these terms and conditions is held by a Court to be illegal, void or unenforceable, the remaining provisions shall remain in full force and effect.