Terms and conditions
YOU UNDERSTAND THAT BY USING THE SERVICES OFFERED BY OYOSMUSIC THROUGH THE SITE OR WITH RESPECT TO YOUR OYOSMUSIC ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED BY OYOSMUSIC.
1. The Service.
OyOsmusic provides a number of Internet-based services and products through the Site (all such services, collectively, the "OyOsmusic Service" and “Products”). OyOsmusic users may create and purchase individual Products for their own use or sell Products through the Site. Users who are artists who would like their content sold on the site can contact ZimHosts Web-designers at Corner Angwa.
2. Use of the Site and Service.
OyOsmusic will only knowingly provide the OyOsmusic Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the OyOsmusic Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The OyOsmusic Service is not intended for children under the age of 13.
(b) Compliance with Terms of Service and Applicable Law.
You must comply with all of the terms and conditions, the applicable agreements and all applicable laws, regulations and rules when you use the OyOsmusic Site.
(c) Your License to Use the Site
1) OyOsmusic and its licensors solely and exclusively own all intellectual property and other right, title and interest in and to the OyOsmusic Site, except as expressly provided for in these Terms of service. You will not acquire any right, title or interest therein under these Terms of service or otherwise.
2) OyOsmusic grants you a limited revocable license to access and use the Site and the OyOsmusic service for its intended purposes, subject to your compliance with these Terms of service. This license does not include the right to collect or use information contained on the Site for purposes prohibited by law; creating duplicates, downloading for resale any of the Products or any third party content available via the Site. If you use the Site in a manner that exceeds the scope of this license or breach this Terms of service, OyOsmusic may revoke the license granted to you.
3) This Section 2(c) does not pertain to your intellectual property rights. Any rights relating to materials that you upload to the Site are covered by the Digital Rights Agreement.
(d) Third-Party Services.
3. Rules for Use of the Site.
(a) Prohibited Use.
Except as may be expressly permitted by CD Baby, you may not:
(i) interfere with the OyOsMusic Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
(ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the OyOsMusic service;
(iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology;
(iv) collect electronic mail addresses or other information from third parties by using the OyOsMusic service;
(v) impersonate another person or entity;
(vi) use any meta tags, search terms, key terms, or the like that contain OyOsMusic name or trademarks;
(vii) engage in any activity that interferes with another user's ability to use or enjoy the OyOsMusic service;
(viii) assist or encourage any third party in engaging in any activity prohibited by these Terms of service.
OyOsmusic reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If OyOsmusic determines, in its sole and absolute discretion, that you or another OyOsmusic user will breach a term or condition of these Terms of service or that such transaction or communication is inappropriate, OyOsmusic may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
(d) Modification of the Service.
OyOsmusic may modify the OyOsmusic service at any time with or without notice to you, and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant OyOsmusic permission to use such submissions for marketing and other promotional purposes. You agree that OyOsmusic will have no obligation to keep any Submissions confidential and you will not bring a claim against OyOsmusic based on "moral rights" or the like arising from OyOsmusic use of a Submission.
5. Representations and Warranties.
(a) Mutual Representations and Warranties.
You represent and warrant to OyOsmusic and OyOsmusic represents and warrants to you that:
(i) you or it has the full power and authority to enter into and perform under these Terms of service,
(ii) the execution and performance of your or its obligations under these Terms of service do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and
(iii) these Terms of service are a legal, valid and binding obligation and enforceable in accordance with their terms and conditions.
(b) By You.
You represent and warrant to OyOsmusic that, in your use of the OyOsmusic service, you:
(i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and
(ii) will comply with all applicable laws, rules, and regulations.
You further represent and warrant to OyOsMusic that:
(i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions;
(ii) OyOsmusic will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that OyOsmusic incurs in providing the OyOsmusic service;
(iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and
(iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
6. Disclaimers, Exclusions, and Limitations.
(a) Disclaimer of warranties.
OyOsmusic provides the site and OyOsmusic service on an "as is" and "as available" basis. OyOsmusic does not represent or warrant that the site, OyOsmusic service or its use:
(i) Will be uninterrupted,
(ii) Will be free of inaccuracies or errors,
(iii) Will meet your requirements, or
(iv) Will operate in the configuration or with the hardware or software you use. OyOsmusic makes no warranties other than those made expressly in these terms of service, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
(b) Exclusion of damages.
OyOsmusic will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the OyOsmusic service, based on any cause of action, even if advised of the possibility of such damages.
(c) Limitation of liability.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OF SERVICE OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS OF SERVICE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS OF SERVICE EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY OYOSMUSICTO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
You will indemnify and hold OyOsMusic and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these Terms of service. If you have to indemnify OyOsmusic under this Section, OyOsmusic will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without OyOsmusic express written permission.
OyOsmusic may suspend or terminate your use of the Site or OyOsmusic service if it believes, in its sole and absolute discretion, that you have breached a term of these Terms of service.
These Terms of service will survive indefinitely unless and until OyOsmusic chooses to terminate them.
(c) Effect of Termination.
If you or OyOsmusic terminates your use of the Site or the OyOsmusic service, OyOsmusic may delete any Submissions or other materials relating to your use of the OyOsmusic service on OyOsmusic servers or otherwise in its possession and OyOsmusic will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these Terms of service will be in writing and delivered to the other party by any of the following methods:
(i) Registered mail, (ii)
(ii) electronic mail.
If you give notice to OyOsmusic, you must use the following address:
Corner Angwa House or firstname.lastname@example.org.
If OyOsmusic provides notice to you, OyOsmusic will use the contact information provided by you to OyOsmusic. All notices will be deemed received as follows:
(i) if by delivery by registered mail, fourteen (14) business days after dispatch,
(ii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
10. Applicable Law.
This Agreement and your use of the Services and the Website shall be governed by the laws of Zimbabwe and all disputes arising between you and OyOsmusic under this Agreement shall be subject to the exclusive jurisdiction of the Magistrate Court. You and OyOsmusic hereby submit to the personal jurisdiction and venue of the Harare Magistrate Courts.
11. Notice and procedure for making claims of copyright or other intellectual property infringements.
a) OyOsmusic respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Site or the OyOsmusic service.
b) OyOsmusic intellectual property policy is to
(i) remove material that OyOsmusic believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and
(ii) remove any Products or Submissions posted to the Site by “repeat infringers.” OyOsmusic considers a “repeat infringer” to be any user that has uploaded Products or Submissions to the Service and for whom OyOsmusic has received more than two takedown notices for.
(iii) with respect to such Products or Submissions. OyOsmusic has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon CD Baby’s own determination.
These Terms of service will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Zimbabwe. These Terms of service will not be assignable or transferable by you without the prior written consent of OyOsmusic. OyOsmusic may freely assign or transfer any rights granted by you to OyOsmusic under these Terms of service. These Terms of service (including all of the policies and other Agreements described in this Terms of service, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms of service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and OyOsmusic are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of service. The invalidity or unenforceability of any provision of these Terms of service will not affect the validity or enforceability of any other provision of these Terms of service, all of which will remain in full force and effect. The headings used in this Terms of service are for convenience only, do not constitute a part of this Terms of service, and shall not be deemed to limit or affect any of the provisions hereof.
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