Terms of Use

These Terms of Use (“Terms”) are a legally binding agreement between you and Five AM Music (“Five AM”, “we”, “us”, “our”) governing your access to and use of fiveam.music, including our online store, forms, artist/staff portals and related online services (together, the “Site”). By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site. Related policies: Privacy Policy, Cookie Policy, and AI Opt-Out & Rights Reservation.

1. About Five AM

Five AM is an independent music company based in Aotearoa New Zealand operating label, distribution, publishing, live, studio, projects and related activities. Contact: hello@fiveam.music.

2. Eligibility and accounts

You must be able to form a binding contract under applicable law to use the Site. If you create or are given an account (including artist or staff access), you must provide accurate information, keep your credentials confidential, and notify us promptly of unauthorised use. You are responsible for activity under your account. We may suspend or terminate access where we reasonably believe these Terms have been breached or where needed for security or legal reasons.

3. Licence to use the Site

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for lawful personal or internal business purposes in accordance with these Terms. Except as expressly allowed, you must not:

• copy, scrape, crawl, mirror, frame or commercially exploit the Site or its content;
• interfere with or disrupt the Site, servers or networks;
• attempt unauthorised access to accounts, systems or data;
• upload malware or harmful code;
• use the Site in a way that is unlawful, fraudulent, harassing, defamatory or infringing; or
• bypass technical or access controls.

4. Intellectual property

Unless otherwise stated, all content on the Site — including names, logos, trade marks, artwork, photographs, audiovisual content, recordings, catalogue materials, text, graphics, layout and software — is owned by or licensed to Five AM and protected by copyright, trade mark and other intellectual property laws. No rights are granted except the limited licence in section 3. You may not use our name, logos or branding without prior written permission.

Reservation of rights (including text and data mining / AI): Five AM expressly reserves all rights in its content and catalogue. No part of the Site or our catalogue may be used for text and data mining, web scraping for model training, or to develop, train, fine-tune or improve any artificial intelligence or machine-learning system, without our express prior written consent. See our AI Opt-Out & Rights Reservation.

5. User content and music submissions

If you submit information, demos, links, messages or other materials (“User Content”), you represent that you have all rights needed to submit it and that it does not infringe others’ rights or contain unlawful material. You grant Five AM a non-exclusive, worldwide, royalty-free licence to use, store, reproduce and share that User Content solely to review, respond to and administer your enquiry or submission and to operate the Site. Submitting User Content does not create any obligation on Five AM to reply, meet, sign, release, publish, sync or otherwise exploit your work, and does not create a confidential relationship beyond our Privacy Policy and ordinary professional care in handling submissions. Unsolicited materials are submitted at your own risk; keep your own copies.

6. Store, pricing and orders

Product descriptions, prices, currencies, shipping options and availability are shown on the Site and at checkout and may change without notice before you complete a purchase. An order is an offer to buy; we may accept or decline orders (including where there is pricing error, stock issues, suspected fraud or shipping restrictions). Title and risk in physical goods pass in accordance with applicable law and our fulfilment practices; digital products are licensed for personal use only unless we state otherwise.

Payments are processed by Stripe or other designated providers. You authorise us and our providers to charge the payment method you provide for the amounts shown at checkout, including shipping and taxes where applicable.

7. Shipping, returns and consumer guarantees

Shipping rates, destinations and timeframes are as described at checkout or on the Site. Delays can occur due to carriers, customs or events outside our reasonable control.

If you are a consumer in New Zealand, nothing in these Terms limits rights you cannot contract out of under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where those Acts apply, products and services must meet applicable guarantees. For change-of-mind returns, defective goods or digital download issues, contact hello@fiveam.music with your order details. We may offer a repair, replacement, refund or other remedy as required by law or as we reasonably determine for non-guaranteed situations. Digital products that have been accessed or downloaded may not be refundable except where required by law.

8. Third-party services and links

The Site may link to third-party websites, apps, streaming platforms or services. We do not control and are not responsible for their content, availability, security or terms. Links are not an endorsement. Your dealings with third parties are solely between you and them.

9. Disclaimers

The Site is provided on an “as is” and “as available” basis. To the maximum extent permitted by law (and without limiting non-excludable consumer rights), we do not warrant that the Site will be uninterrupted, error-free, secure or free of harmful components, or that content will always be complete or current. Information on the Site may change.

10. Limitation of liability

To the maximum extent permitted by New Zealand law, and except for liability that cannot be excluded (including under the Consumer Guarantees Act 1993 where it applies and cannot be contracted out of), Five AM and its directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive loss, or any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with the Site or these Terms, whether in contract, tort (including negligence) or otherwise.

Where liability cannot be excluded but can be limited, our total aggregate liability arising out of or in connection with the Site or these Terms is limited to the greater of (a) NZD $100 or (b) the amounts you paid to us via the Site for the specific product or service giving rise to the claim in the 12 months before the claim.

11. Indemnity

You agree to indemnify and hold harmless Five AM and its personnel from and against reasonable losses, costs and expenses (including legal fees on a solicitor-client basis) arising from your User Content, your misuse of the Site, or your breach of these Terms or applicable law, except to the extent caused by our fraud or wilful misconduct.

12. Suspension and termination

We may suspend or restrict access to all or part of the Site, without liability, for maintenance, security, legal compliance or breach of these Terms. Provisions that by their nature should survive (including intellectual property, disclaimers, liability limits and indemnity) survive termination.

13. Changes

We may update these Terms from time to time by posting a revised version on this page with an updated “Last updated” date. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms. If you do not agree, stop using the Site.

14. General

These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts. If any provision is held invalid or unenforceable, the remaining provisions continue in full force. These Terms, together with the Privacy Policy, Cookie Policy and any order-specific terms at checkout, are the entire agreement between you and us regarding the Site and supersede prior understandings on that subject. Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our consent; we may assign ours as part of a reorganisation or sale of assets.

15. Contact

Questions about these Terms: hello@fiveam.music.