Licensees - 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.
These Licensees - Terms and Conditions are intended for persons or companies who wish to use the Site to purchase music licenses from our Catalogue or to employ the services of composers to produce custom music. If you do not intend to use the Site for this purpose, these Licensees - Terms and Conditions do not apply to you.
You must be at least 18 years of age to agree to and enter into this agreement on your own behalf.
Because these Licensees - Terms and Conditions contain legal obligations, please read them carefully.
The following constitutes a legal agreement ("Agreement") between the Licencee (you) and United Media SPRL ("United Media", "UM", “us”, “our” or “we”) with respect to the services provided by the Site, the terms of which are set out below.
2. LANGUAGE NOTICE
Although several translations of this Agreement 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 this Agreement into the language of your choice before accessing our services. The absence on the Site of a translation of this Agreement 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 this Agreement and/or the License Agreements.
3. YOUR WARRANTIES
3.1 You confirm and warrant that you have read, understood and accepted the terms of the License Agreements which are automatically concluded between you and a Licensor, whenever you purchase a license for music from the Site.
3.2 During the process of purchasing a license, you must provide us with certain information regarding the production which the license relates to. This information will be used, amongst other things, to set up the License Agreement and to calculate the fee. You confirm and warrant that the various information that you provide during this process will be accurate, true, current and complete.
4. YOUR AGREEMENTS
4.1 You agree that all music is licensed, not sold and the terms of the license are set out in our License Agreements as referred to above.
4.2 You agree that the fees for acquisition of licenses are subject to value added tax where required by law and the sum for this will be shown where not included in the sum mentioned on the Site. VAT rates may change from time to time and we reserve the right to add whatever is the then prevailing rate. VAT rates may be zero rated if you are VAT registered.
4.3 You agree that the fees for acquisition of licenses are payable in the currency specified on the Site. Your credit card company will calculate your local currency equivalent and you are responsible for any card charges which may be incurred for foreign purchases.
4.4 You agree that when you order a license you will have an opportunity to check the details and correct any input errors. We debit the fee immediately as a pre-payment but this does not indicate acceptance of an order. We reserve the right to reject orders and will notify you of this. On rejection, all fees already paid will be refunded. Although we try to ensure prices on the Site are accurate, if the wrong price appears through clerical or other error, we reserve the right to give you the option of a refund or delivery at the correct price after you place your order.
4.5 You agree that when you place an order we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a license. When we have accepted this offer we will send email confirmation to you that, for music supplied in physical format, we have dispatched that product to you (the 'Confirmation e-mail'). The acceptance will be complete at the time we send the Confirmation e-mail to you. You agree that the purchase of any license on the same order, which we have not confirmed in a Confirmation e-mail has been dispatched, does not form part of that contract.
4.6 You agree that it is your responsibility to provide accurate, true, current, and complete (apart from optional items) Registration Data and to update your Registration Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of purchasing licenses and downloading music are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of downloads ordered. We will not store your credit card or debit card details anywhere in the Site.
4.7 You agree that in deciding whether to accept your order we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with a credit reference agency, to confirm your identity. They will check any details we disclose to them against any database (public or private) to which they have access and will keep a record of that check. They will also retain this information and may use it in the future to assist other companies with identity verification. This helps us to protect you, the Licensors, us and United Copyright from fraudulent dealings. If we decline your offer on security grounds we may contact you to seek an alternative payment method.
4.8 You agree that the terms of the License Agreements are “as is” and that they are not negotiable, nor modifiable. You agree also that, for administrative reasons, License Agreements shall always be drawn up in English.
4.9 You agree that the License Agreements are concluded between you and the Licensors.
4.10 You agree that the License Agreements are automatically generated by the Site whenever you purchase licenses and that they are considered to have been “electronically signed” by the parties. You recognise and confirm that you are entirely bound by their terms.
4.11 The creation of accounts by Licensors is done electronically. The Licensors are bound by the terms and conditions which forbid them to upload music which violates, in any way whatsoever, the rights of third parties. Although we do our utmost to confirm the true identity of the Licensors and inform them of the legal risks of selling licenses for music for which they do not own the intellectual rights, we cannot exclude the possibility that these points will be abused. You agree that you cannot hold us liable, in any way whatsoever, in the event that you purchase music that infringes third party rights. Where necessary, under the terms of this Agreement you agree that you will not take any action concerning such a matter, either against us.
4.12 You agree that it is your responsibility to ensure that you back up off line any music you download from the Site. We will not accept any responsibility for the loss of any or all of your music for whatever reason.
4.13 You agree that it is your responsibility to ensure that any music you purchased a License Agreement for is downloaded within the time periods as set out in Clause 5.
4.14 You agree that you can only use the music in the scope of the production you purchased a license for, and not with any other production belonging to you or somebody else.
4.15 You agree that you can only send the music you purchased a license for to the person(s) directly related to your production and not to any other.
4.16 You agree that you cannot share the music with, or sell the music to, anybody else.
4.17 The use of music in certain productions will require you to draw up a music cue sheet and to send it to Performance Rights Societies. If you use music from the Site in a production that requires such a music cue sheet, it is your responsibility to draw it up and to send it to the required Performance Rights Society.
4.18 You agree that the Job Posting system is a service that we have kindly made available to you and to the members of the Yooka Music Network and that responses sent to you by members are their sole responsibility. You agree that you will not hold us liable, in any way whatsoever or for any reason whatsoever, related directly or indirectly to this Job Posting system.
4.19 You agree that you will not hold us liable in any way whatsoever or for any reason whatsoever, relating directly or indirectly to the jobs that you offer to the members of the Yooka Music Network via the Site and/or outside of the Site.
4.20 You agree that the Opportunity system is a service that we have kindly made available to you and to Licensors and that responses sent to you by Licensors are their sole responsibility. You agree that you will not hold us liable, in any way whatsoever or for any reason whatsoever, related directly or indirectly to this Opportunity system.
4.21 The “In the spot light” section is fed from a database containing all of the members of the Yooka Music Network ("YM Network"). The members appear in this section automatically and in turn. This section is a service that we have kindly made available to you and to members. You agree that the presence of members of the YM Network in this section cannot be guaranteed in any way by us. You agree that we cannot be held liable, in any way whatsoever or for any reason whatsoever, relating directly or indirectly to the “In the spot light” section.
4.22 You agree that we have the right to remove music from any part of the Site, including your Project Manager, and for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
4.23 You agree that you will not invite Licensors - or accept invitations from Licensors - to negotiate and/or conclude license agreements with you directly in order to bypass the licensing / sale process of the Site.
5. DOWNLOAD OF MUSIC
Due to the nature of the Site and the electronic systems used in the administration of it, you accept that once full payment has been received by us, you will have a period of 28 days within which you may initiate collection of the download(s). Further, once the download routine has been initiated you will be permitted a maximum of 5 (five) downloads attempts to successfully collect your download(s). If you fail to collect your download(s) within this period or fail to retrieve the download(s) successfully within the permissible number of attempts, you accept that we have the absolute right to withdraw from this Agreement without any liability of any kind whatsoever to you. For the avoidance of doubt, you agree and accept that the collection of downloads once a license has been purchased is your sole responsibility. Since there may be different music on the Site with the same title it is your responsibility to satisfy yourself that the specific music in your purchase basket is the music you wish to purchase a license for and to download.
6. REFUND/RETURN POLICY
Since all of the music can be previewed before a license is purchased, you agree and accept that we do not offer returns/refunds.
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, Vieille rue du Moulin 91, 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 Licencee shall be deemed to have been duly given if sent by e-mail to such Licencee at the e-mail address of such Licencee as it appears on his Licencee's account.
8. LEGAL NOTICE AND LAW
If any part of these Licensees - 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 Licensees - 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.
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.
Thank you for taking the time to read these Licensees - Terms and Conditions and we hope you enjoy our services.
Licensees - Terms and Conditions
Last update January 2011
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