Last updated: 01.12.19
Please read this Terms of Use agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Use agreement.
This site (together with any successor site(s) and all Services (as defined below), the “Site”) is operated by Oenz Music (“we,” “us”). We provide Site users with access to content and services related to us and our artist, including music, photos/images, text, data and other similar content (such content and services, collectively, the “Services”). Your use of the Site is governed by these Terms of Use (this “Agreement”), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (referred to as “WAP”), through a mobile network, or otherwise). This Agreement is between you and us.
PLEASE NOTE: The Site may include or be used in connection with certain Third Party Applications (as defined in Section K below). Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Applications.
By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” date at the top of this page. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site, including any features or functionality thereof; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
These terms shall be governed by and interpreted in accordance with the laws of England which shall have exclusive jurisdiction over any disputes. The Site may not be appropriate or available for use in some jurisdictions. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit some of the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that all information you provide to us is true, accurate and complete. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk.
In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behaviour. In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us. You will not:
We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
Notwithstanding anything to the contrary in this Agreement, we do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to the Site, our Products or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our or sole property. We have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
We, and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site. This includes photos stored on 3rd part website such as Shutterstock.
We, and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Site, including without limitation OENZ MUSIC. All trademarks and service marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORISED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
The Site may include third party software applications and services (or links thereto) that are made available by our Providers (“Third Party Applications”). Because we do not control Third Party Applications, you agree that we are not responsible or liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Applications or their use. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Site at any time. The availability of Third Party Applications on the Site does not imply our endorsement of, or our affiliation with any such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement (for example, terms and conditions that are made available by providers themselves in connection with Third Party Applications). This Agreement does not create any legal relationship between you and providers with respect to Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Application.
The Site may incorporate certain functionality that allows, via the system or network of which the Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Content.
The Site may provide links to or feeds from other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
The site and all goods, services, third party applications, third party content, information and materials made available through the site are provided to you "AS IS” without any express representations or warranties of any kind, and we disclaim all statutory or implied representations, warranties, terms and conditions with respect to the site and all goods, services, third party applications, third party content, information and materials made available through the site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, noninfringement and title. (certain providers may separately provide limited representations and/or warranties regarding their third party applications; please check with such providers for further information.) We make no representation or warranty that the site (or any part thereof), any third party applications or any third party content is or will be accurate, complete or error-free, nor that any particular software or hardware will be compatible with the site. You hereby agree that it is your sole responsibility to (1) obtain and pay for any software, hardware or services (including internet connectivity) needed to use the site and (2) ensure that any software, hardware or services that you use will function correctly with the site. You agree that you must evaluate, and that you bear all risks associated with, the use of the site, including any reliance on the accuracy, completeness, or usefulness of any third party applications, third party content, information or materials made available through the site.
We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the site, nor for any damages for loss of profits, loss or interruption of business, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site (including, without limitation, in connection with your use or receipt of any third party applications or third party content), or unauthorised interception of any such information by third parties, even if advised in advance of such damages or losses. Further, we will not be liable for damages of any kind resulting from your use of the site or from any third party applications, third party content, information or materials on the site. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site.
It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
While we try to maintain the security of the Site, we do not guarantee that the Site or any Third Party Applications will be secure or that any use of the Site or any Third Party Applications will be uninterrupted. Additionally, third parties may make unauthorised alterations to the Site or any Third Party Applications. If you become aware of any unauthorised third party alterations to the Site, contact us using the enquiry form on this Site with a description of the material(s) at issue and the URL or location of such materials.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us from and against all claims, losses, costs and expenses (including legal fees) arising out of (1) your use of, or activities in connection with, the Site; (2) any violation of this Agreement by you; (3) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (4) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and interpreted in accordance with the laws of England which shall have exclusive jurisdiction over any disputes.
Notwithstanding the previous paragraph, if you reside in a member state of the European Union and are accessing the Site from a member state of the European Union, you hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of England, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the English courts, and waive any jurisdictional, venue or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorised use of the Site, the Products or any related software or materials, or any Third Party Applications, would result in irreparable injury to us for which money damages would be inadequate, and in such event we, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available online. Please note that we do not endorse any of the products or services listed at these sites.
If you have a question or complaint regarding the Site, please feel free to contact us using the enquiry form on this Site. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
Unless otherwise stated on the Site, the Services are available only for people aged 13 or older. If you are aged 13 to 18, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms of Use.
We are concerned about the safety and privacy of all our users, and particularly children. Parents who wish to allow their children (those aged 13-18) access to and use of the Site and/or Services should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all of the Services and you agree to be bound by these Terms of Use in relation to all uses of the Site by your child. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
Access to certain content may carry additional age restrictions. Where such a restriction applies you will be asked to confirm that you are old enough to view the items, as applicable.
E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail communication to us. Please use the contact form on this Site if you need to make contact with us.
This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our Affiliates and our and providers who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with the Site) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties; otherwise, and solely to the extent that the laws of England govern, a person who is not party to this Agreement may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
All materials ©2021 Oenz Music unless otherwise noted. All rights reserved.