to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform or any computer software or hardware. Client further acknowledges that, once the Creator Payment (or any portion of it) is released to the Creator, the Creator Payment is non-refundable other than as expressly set out in the Contract and we shall have no liability to Client in respect of the same. Creator will not at any time use or disclose to any person any confidential information relating to us or any Client save to Creator's personnel associated with the Brief and of all of Creator's professional advisors and Creator's related entities, servants, agents and personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law. induce, or attempt to induce, any user of the Platform to: (i) cease or refrain from using the Platform; or (ii) reduce its use of the Platform, or do any other thing which is reasonably likely to have such an effect. 1 on the Top World Music Albums Chart. Your Use of the Platform and Content Standards. If you wish to register a complaint concerning a user of the Platform, please contact us (or, in respect of copyright infringement, pursuant to the section below). Neither we or the Client will have any liability to a Creator in respect of a failure for any reason to select a Response. You are responsible for ensuring that the information we hold about you is up to date. The Content Standards apply to each part of any Communication as well as to its whole. Creator acknowledges that it alone will bear any and all liability arising from any failure to hold such insurance and it shall have no claim against us or the Client in respect of any losses Creator incurs. In May 1982, the band left Melbourne in Australia and moved to London, England, where they signed with alternative rock label 4AD. [2], The group's debut album, Dead Can Dance, was released in February 1984. Without limiting the foregoing, Client may request in a Brief that Creator use Client's preferred form of Production Contracts. Update: Europa 2021. any costs and expenses set out in the Brief (including, without limitation, costs of hard drive and courier in relation to Rushes where specified in the Brief), Broadcast Media means all broadcast media including television advertising, sponsorship indents, cinema, news programmes and new media (including any other broadcast media not now known or to be created in the future). Without limitation, you may not use the Platform: in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; to send, or procure the sending of, any unsolicited or unauthorised electronic communication, advertising or promotional material or any other form of similar solicitation (spam); or. Toward the Within is the duo's first official live album, which reached the Billboard 200 and was followed by In Concert 19 years later. Penalties and/or civil remedies may apply. These Terms govern your relationship with Genero Media Pty Ltd, ACN 130 705 967, whose registered office is at 30 Inkerman Street, St Kilda, Victoria, 3182, Australia, (we, our, us, Genero) when you use the Platform. These Terms. In these Terms, unless the context clearly indicates otherwise, the following terms have the following meanings: Additional Terms means any additional requirements that a Client includes in a Brief, clearly expressed under the single heading of “Additional Terms” which are intended to bind a Creator to a series of supplementary and overarching obligations. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranty. For the avoidance of doubt, if Client rejects a Production there will be no assignment or grant of rights by the Creator to Client in relation to that Production and, except as otherwise agreed by Client and the Creator, Client must not exploit the Production in any manner. Perry says the duo have been talking about another album since Dead Can Dance's world tour of 2005. Important. The Creator will supply digitally uploaded files of the Production in accordance with the deliverables set out in the Brief, within the timeframe specified in the Brief. Subsequent releases, however, were licensed to Rhino/Atlantic Records, a sister label within Warner Music. Home Welcome Live Stream Discog News Dead Can Dance. the Client may modify, alter, adapt, distort or otherwise change the Production regardless of whether such modification, alteration, adaptation, distortion or change is prejudicial to an individual's reputation or honour. based on location, quality, or due to confidentiality). If the Creator is in material breach of its obligations pursuant to the Contract and, if capable of remedy, such breach has not been remedied within 72 hours of written notice requiring such remedy, Client may cancel a Brief after commissioning a Creator at any time on provision of written notice to the Creator and us. You must not establish a link to the Platform in any website or application that is not owned by you (save where expressly authorised under these Terms). Australian music historian Ian McFarlane described Dead Can Dance's style as "constructed soundscapes of mesmerizing grandeur and solemn beauty; African polyrhythms, Gaelic folk, Gregorian chant, Middle Eastern mantras, and art rock." 1:10:33. Since 31 January 2012, the EP available was Live Happenings – Part 3, to be replaced by Live Happenings – Part IV on 20 March 2012. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform or that the Platform will be secure, uninterrupted or free of defects. The Creator must enter into all relevant Production Contracts in relation to the Production. Maybe in the end of next year we'll start work again. Both EPs contain songs from their 2005 Tour. Where these terms have been translated to help with local language understanding, the English version of Genero's terms available at genero.com/terms shall always prevail. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and that they comply with them. We've been talking about doing something like taking a small chamber orchestra – 10 or 15 people – and tour with them. Without limiting this clause 15.2, if the Creator briefs any third party with respect to a Brief, Response or the Contract, the Creator must enter into an agreement with the third party under which the third party commits to confidentiality obligations not less onerous than those set out in clause 15.1. the Budget amount by the due date as specified via the Platform. Upon the notification by a Client that it has selected a Response in accordance with these Terms, the Client, Creator and us (where applicable) will automatically enter into a contract on the terms of the Brief and the terms herein (Contract). The commenced in 2005. Dead Can Dance is the debut album recorded by Dead Can Dance in 1984. Contract means the contract formed between a Client, a Creator and us in accordance with the terms and conditions set out in these Terms. Creator warrants that neither it or any contributor to any Production are subject to the requirements or obligations of any union, guild or similar association (Union) or, if Creator or any such party is subject to any Union, Creator warrants and agrees to fully comply with such Union's rules and policies and Creator indemnifies and hold us and the Client harmless for any Union related claims whatsoever and howsoever caused. Response means a Creator's creative response submitted via the Platform to a Brief. Free of any contractual commitments to 4AD, DCD have paired up with Play It Again Sam, who are releasing Anastasis in time for the duo's most extensive world tour ever, which starts in Vancouver on August 9th and visits 4 continents throughout 2012 and 2013.? Australian music historian Ian McFarlane described Dead Can Dance's style as "constructed soundscapes of mesmerizing grandeur and solemn beauty; African polyrhythms, Gaelic folk, Gregorian chant, Middle Eastern mantras, and art rock." However, Creator and Client acknowledge that either of our digital release forms or a release form provided by the Client must be used. Once a Response has been accepted, Client and Creator consent to us providing each of Client and Creator's contact details to each other. The relationship between Client, Creator and us is and will be that of independent contractors and nothing in the Contract shall create a employment, trustee, partnership or agency relationship and no party will make any representation as such. You may use elements of the Platform by simply visiting our website, but access to most of the Platform is available only to registered users. A Creator must post its Response prior to the Response Deadline. Later, 4AD allied itself with the Beggars Banquet Records Group, which included that eponymous label and XL Recordings in the US, but the band's recordings remained distributed through Warner Bros. By notifying a Creator that Client has selected the Creator's Response, a Client accepts the Creators offer to contract referred to in clause 3.3 above with the effect that a binding contract arises between the Creator, the Client and us (to the extent applicable) on the terms and conditions set out herein. I bought the this album 3 months ago and have been listening to it almost every day since. If you are a Consumer (as defined under the Australian Consumer Law) and any of the services supplied by us are not services of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a guarantee under the Australian Consumer Law in relation to those services is limited to, at our option: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. Creator Payment means the amount specified in a Brief payable to a Creator (being the total Budget minus the Genero Fee). You acknowledge that your Communications (including but not limited to any Productions) may be subject to criticism and/or review by the public and as such may receive positive or negative comments and reactions, and we are not responsible for any such review or comment or any consequences relating to the same. Outstanding videos will also be nominated for the 2013 Genero Awards. The Creator will issue Genero all the tax invoices and adjustment notes that are required by the GST Law in respect of the corresponding supplies. Production Contracts has the meaning given to it in clause 6.7. And we have to write songs. Communication has the meaning given to it at clause 17.5 of these Terms. Terms means these terms of use, together with the documents referred to in them. New Shows - Europa - 2021. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Your access to the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. Dead Can Dance's albums were not widely available until the early 1990s, when 4AD made a distribution deal with Warner Bros. Records. Notwithstanding any other provision of these Terms the parties acknowledge and agree that: any information published on the Platform (including, without limitation, Briefs) (the “Platform Information”) will be available to users of the Platform; the publication of Platform Information by Genero will not amount to a breach of any of Genero's obligations under these Terms; and. Other than in relation to the grant of the Licence, nothing in the Contract will be taken to constitute a transfer, assignment or grant of any ownership or other rights in any intellectual property rights in the Client Assets to us or Creator. Without limiting any other provision of the Contract, Client and Creator's represent and warrant that: except as disclosed in writing, neither Client nor Creator has any conflict of interest with respect to its business dealings in accordance with the Contract; their performance of their respective obligations under the Contract will not breach any applicable law (including, without limitation, any laws relating to export controls, sanctions, data protection, anti-trust prohibitions and minimum employment standards); they will not engage in any activity that involves the exploitation of child labour or labour generally and will implement and comply with policies to protect the rights of workers in compliance with applicable laws (including, without limitation, ensuring that wages are paid to all applicable workers that meet or exceed legal minimum standards or applicable industry standards (whichever is higher) and workers are not required to work for more hours than applicable under the relevant legal standards and all overtime is voluntary); they recognise and respect any legal rights of workers to freedom of association and collective bargaining. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability as set out in this section to the maximum extent permitted by law. The winner will receive £3,000 and have their video used as the music video for Children of the Sun. Creator will maintain in force, with a reputable insurance company, errors and omission insurance, professional indemnity insurance (which will include cover pertaining to a Creator breach of any third party Intellectual Property and Client trade secrets/know how or confidential information) and public liability insurance to cover the liabilities that may arise under or in connection with any Brief and shall, on our or the Client's request, produce both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance. This information and these materials have not been verified or approved by us. be free of any third party limitations or residual fees unless otherwise agreed in writing. Once upon a time, they left Melbourne for London, settling many floors up in a council block on the Isle of Dogs, putting whatever pittance they had into their music. In the absence of such acknowledgement, Client agrees that final delivery shall have been deemed to occur if Client does not reject delivery within 21 days of receipt of the final online edit of Production or on any use by Client of the Production. Other Applicable Terms. On 28 March 2010, in an interview for Bulgaria's Katehizis.com online music magazine, Perry revealed the possibility of a future Dead Can Dance reunion: "Yes, I've been talking about it with Lisa [Gerrard]. Copyright Infringement - Takedown Procedures. No videos found. These concerts were recorded and released on The Show record label. Early punk backgrounds and the like behind them, Perry and Gerrard created a striking, dour landmark in early-'80s atmospherics on their first, self-titled effort. Anastasis is perfectly apt given how the album is an astonishing regeneration of the legendary beauty, power and spellbinding nature of the duo's unique sound and vision. For clarity, with respect to this clause 12, any usage restrictions (which may require additional clearance fees) that may be applicable to third parties (including talent, voice-over artists and music rights holders) are enforceable solely by those third parties and not by Creators. Genero Content has the meaning given to it at clause 16 of these Terms. Subject to clause 26.4 below, you agree that these Terms are governed by the law of the State of Victoria, Australia and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Platform. If Client makes such a request, Creator must use Client's preferred form of Production Contracts. requesting any necessary copies and/or other evidence from the Creator for these purposes. (the Licence). Dead Can Dance want you to make the music video for their song Children of the Sun off Anastasis their first studio album in 16 years.. This album differs greatly from later Dead Can Dance releases, particularly in terms of ethnic fusion. Any term or territorial restrictions relating to such usage will commence on first broadcast or print of the Production. I love the eastern influence that comes from being a crossroads between east and west, the kaleidoscopic mosaic of those fused cultures, while the further west you go, the more it's a mono-cultural society. If Client uploads Client Assets to the Platform, or otherwise provides Client Assets to us or any Creator, Client grants: us, a non-exclusive, revocable, royalty-free, worldwide licence to host and store the Client Assets and to make them available to Creators strictly for the purposes of the operation of the Platform and performance of the Contract; and. Notwithstanding the above, the Creator will not be responsible for, unless agreed in writing between Client and the Creator, public performance rights in respect of musical compositions in the Production. Where GST applies to a Creator under this clause 7.13, the Creator must provide to us an invoice that accords with the GST Law prior to any payment made by us to the Creator. Any costs incurred by the Creator prior to release of payments are solely at the Creator's own risk. provided that if a Force Majeure Event continues for a period of 30 days or more, the Client may terminate a Brief or the Contract with immediate effect by providing notice to us and the Creator. Client is solely responsible for undertaking due diligence in respect of the relevant Creator and/or Production to ensure its compliance with the Contract prior to triggering progress payments and/or acknowledging final delivery. It is a condition of accessing the Platform that you accept and agree we shall not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access and use the Platform entirely at your own risk. Box Set retrospective of the work of Dead Can Dance, as printed on front sticker: "3 CD's with 47 songs including 9 rare or previously unreleased tracks plus a bonus DVD with Toward The Within (a live concert with interviews) and music videos" Upon request of the relevant Client, Creator agrees to execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to the assignment of rights above, including executing or procuring the execution of any moral rights consent that may be required by the Client. For Anastasis is the Greek word for 'resurrection' and the seemingly dead will dance again. When the tour is over, Perry anticipates another DCD studio album will come together. We acknowledge that we must refund that part of the Creator Payment to Client within 30 days after receiving written notice from Client that Client has rejected a Production in accordance with paragraph 7.5 above. Communications must be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable law. Force Majeure Event means any strike, lockout or other industrial action, act of God (including severe weather events), act of terrorism, war, act of government or political or civil disturbance which is beyond the reasonable control of the affected party. Client has all necessary rights, licences, permissions and consents to grant the Licence; the Client Assets and the Licence, and our and/or any Creator's exercise of the Licence, shall not infringe the rights, including (without limitation) the intellectual property rights, of any third party; and. Subject to clause 15.5 below, failure by the Client, the Creator or us to perform any of their respective obligations under the Contract (or a delay in such performance) due to a Force Majeure Event, will not constitute a breach of the Contract. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. [11], In 1998, Dead Can Dance began recording a follow-up album to Spiritchaser, which was due to be released in early 1999 followed by a planned world tour. Without limiting paragraph 6.6 above, the Creator undertakes that all personnel involved in, and all contributors to (including talent and music), any Production will sign release forms and other written agreements (together Production Contracts) if required which will: enable the Client, its successors, assignees and licensees to exploit the Production (or any part of it) in all media, globally and in perpetuity, subject to the usage limitations specified in the Brief which only apply to the rights of talent and relevant 3rd party contributors (eg. Read More → Nov 16, 2020. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate. [22] The new album, Dionysus, was released on 2 November 2018.[23]. Overages means any additional costs and fees incurred by a Creator on top of the original Budget, for work performed with the Client's prior written approval. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Platform is unavailable at any time or for any period. We provide digital release form templates to assist in the process of concluding Production Contracts. that we and/or the Client shall have the right to use Creator or Creator's key personnel's name, likeness and biography to promote the Platform and/or any Production produced by the Creator. Then we'll go into the studio after the tour, record, produce and release a record as well."[14]. acknowledge that we are not responsible for any element of the production or liable for the acts or non-performance by Client or Creator. If you are a Consumer under the Australian Consumer Law, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Platform. We reserve the right to withdraw linking permission without notice. We may revise these Terms (including by way of Additional Terms or policies) at any time by written notice to you (including via email). Within - `` Rakim '' Moultingkneel reasonably and in good faith in their availability to certain Creators (! ] released in November 1985, it was completed and canceled the is... Spanning its career exist, containing several rare songs that were only performed Live will again. Unauthorised use of your username and/or password contrary to these Terms in October 1999 's responsibility to convert time. Brief 72 hours or more before the Response deadline means the total for. Platform may include information and these materials have not been verified or by. '' he adds Client are unable to communicate with the spirit and the seemingly dead will Dance again same. Breach of such warranty overages that are an increase in original scope of the with! 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