General - Terms & Conditions
Welcome to YookaMusic.com, owned and operated by United Media SPRL.
YookaMusic.com simplifies music licensing by bringing together those who need music (Licensees) and those who offer music (licensors) to allow the use of upcoming and hit music for any kind of production: films, television programs, video and computer games, advertising campaigns, mobile phones or websites.
BY USING THE SITE YOU AGREE TO BE BOUND BY THESE GENERAL - TERMS AND CONDITIONS, WHETHER OR NOT YOU REGISTER AS A LICENCEE ("LICENCEE"), AS A LICENSOR ("LICENSOR") AND/OR AS A MEMBER OF THE YOOKA MUSIC NETWORK ("YM NETWORK"). IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Although several translations of these General - Terms and Conditions may be available for information purposes on the Site, it is possible that there will be no translation available in your native language and/or in a language of which you have sufficient understanding. You agree that it is your responsibility to translate these General - Terms and Conditions into the language of your choice before accessing our services. The absence on the Site of a translation of these General - Terms and Conditions in your native language and/or in a language that you have sufficient understanding of, may not be viably cited by you as a reason for you to escape all or part of your obligations set out in these General - Terms and Conditions.
Copyrights & trademarks
All Content of the Site, including the Site itself and the elements of which it is composed, is owned, controlled or licensed by United Media SPRL ("United Media") and/or the Licensors, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Certain features or services ("Service") offered on or through the Site may require you to register and provide certain data. In consideration of use of such features or Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the various Site registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that it is your responsibility to ensure that your email address is current, otherwise certain Services and functions of the Site will not be available to you.
You agree that it is your responsibility to maintain the confidentiality and security of your Registration Data, especially your User Name and Password. You will not allow others to use your User Name or Password and you will notify United Media immediately of any unauthorised use of your User Name or Password. United Media shall not be responsible for any losses arising out of the unauthorised use of your User Name and/or Password and you agree to indemnify and hold harmless United Media for any improper, unauthorised or illegal uses of the same.
Your use of the site
In order to use the Site, you must have access to the World Wide Web ("www") and must navigate the Internet to http://www.yookamusic.com.
You must be at least 18 years of age to agree to and enter into these General - Terms and Conditions on your own behalf and to register for use of any portion of this Site.
You agree that you will not use the Site to upload, post or email any content that, and/or to post links to any website that: (a) is offensive, obscene, pornographic, racist, misleading, potentially libellous or likely to encourage the same; (b) promotes any illegal activity, including without limitation the provision of instructions for illegal activity; (c) infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributes to inducing or facilitating such infringement and (d) breaches any applicable law whether civil or criminal.
You agree that you will not use the Site to upload, post or email any content that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to overload the functions of, to diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
You agree that you will not use the Site to upload, post, email, otherwise transmit, or post links, to any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam" or any other form of solicitation.
You agree that you will not use the Site to collect or store personally identifying information about other users for commercial or unlawful purposes.
You agree that you will not take any action to increase the number of plays of music on the Site, or use automated means, including additional computers, software and scripts that impose an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
You agree that you will not use any "crawlers", “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content.
You agree not to use any device, software or routine to interfere or attempt to interfere with any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these General - Terms and Conditions and any legal agreement posted on the Site, or to solicit the performance of any activity which infringes the rights of United Media.
You confirm and warrant that you will only use the Services and the Site for the purposes referred to in these General - Terms and Conditions or in any other legal agreement posted on the Site.
Other terms & conditions
Additional terms and conditions or legal agreements may apply to Services and to specific portions or features of the Site, all of which are made a part of these General - Terms and Conditions by this reference. You agree to abide by such other terms and conditions and legal agreement, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature.
UNITED MEDIA DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. UNITED MEDIA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UNITED MEDIA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNITED MEDIA DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST UNITED MEDIA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.
The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
United Media reserve the right to do any of the following, at any time, without notice: (a) to modify or change the Site, or any portion of the Site, and any applicable terms and conditions or legal agreement posted on the Site; (b) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site or any Service, for any reason; and (c) to interrupt the operation of the Site, any portion of the Site or any Service as necessary to perform routine or non-routine maintenance, error correction, or other.
Limitation of liability
Except where prohibited by law, in no event will United Media be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if United Media has been advised of the possibility of such damages.
You acknowledge that we may change the terms of this Agreement, and any other legal agreement posted on the Site, by posting new agreement(s) on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and we will use our reasonable endeavours to advise you of any changes. However, your continued use of the Site after such a change will constitute your acceptance of the change.
Consequense of a breach of your warranties or agreements
United Media may terminate your access to the Site or any Service should you fail to comply with these General - Terms and Conditions or any other legal agreement published by United Media on the Site. Any such termination shall be at United Media’s sole discretion and may occur without prior notice, or any notice.
United Media reserve the right at all times to disclose any information that they deem necessary to comply with any applicable law, regulation, legal process or governmental request. United Media may also disclose your information when applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
United Media may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the General - Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of United Media, the Site users and the public.
You agree to indemnify and hold harmless United Media from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys' fees and court costs) arising from or concerning any breach by you of these General - Terms and Conditions for your use of the Site and you agree to reimburse United Media on demand for any losses, costs or expenses United Media incur as a result thereof.
Any and all notices to be given to the United Media SPRL shall be deemed to have been duly given if personally delivered addressed to United Media SPRL, Avenue Dolez 532, 1180 Brussels, Belgium or any other place to which the United Media SPRL may have transferred its principal office.
Any and all notices to be given to any User shall be deemed to have been duly given if sent by email to such User at the email address of such User as it appears on his account.
Legal notices and law
If any part of these General - Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Belgian Law governs these General - Terms and Conditions and your use of the Site, and you expressly agree that the Brussels courts, ruling in the French language, shall have exclusive jurisdiction over any claim or dispute between you and United Media, relating in any way to your account or your use of this Site.
General - Terms and Conditions
Last update January 2012
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