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VICE Studios to Co-Produce Online Content Series, On The Verge

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Vice Studios to Co-Produce Online Content Series, On The Verge

What’s to come next?

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Can Apple afford a failure?

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Harvey Goldsmith Appointed Chairman of UMA

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Harvey Goldsmith CBE Appointed As Chairman of UMA Music Group

What’s to come next?

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. 

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Can Apple afford a failure?

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Max Hole CBE, Former CEO of Universal Music Group Intl’ Joins UMA Board

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Max Hole CBE, Former CEO Universal Music Group Intl’ Joins UMA Board

What’s to come next?

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. 

Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit, sed quia non numquam eius modi tempora incidunt ut labore et dolore magnam aliquam quaerat voluptatem.

Can Apple afford a failure?

Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit, sed quia non numquam eius modi tempora incidunt ut labore et dolore magnam aliquam quaerat voluptatem. Ut enim ad minima veniam, quis nostrum exercitationem ullam corporis suscipit laboriosam, nisi ut aliquid ex ea commodi consequatur? Quis autem vel eum iure reprehenderit qui in ea voluptate velit esse quam nihil molestiae consequatur, vel illum qui dolorem eum fugiat quo voluptas nulla pariatur?

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Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit, sed quia non numquam eius modi tempora incidunt ut labore et dolore magnam aliquam quaerat voluptatem. Ut enim ad minima veniam, quis nostrum exercitationem ullam corporis suscipit laboriosam, nisi ut aliquid ex ea commodi consequatur? Quis autem vel eum iure reprehenderit qui in ea voluptate velit esse quam nihil molestiae consequatur, vel illum qui dolorem eum fugiat quo voluptas nulla pariatur?

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Cookie Policy

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Cookie Policy

www.umamusic.com (the “Website”) is operated by UMA Music Group Ltd (“UMA“, “we”, “our” or “us“). UMA Music is the trading name of UMA Music Group Ltd. Of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.

Like most websites, www.umamusic.com uses cookies to improve its performance and your experience. By using the Website, you agree to the terms of this Cookie Policy and consent to our use of cookies in accordance with it.

What Are Cookies?

Cookies are text files which usually contain two pieces of information: a website name and a unique ID.  They are sent to your web browser by web servers when you visit a website and are stored on your computer by your browser.

When the browser reconnects with that server (i.e. when you revisit the same website), the information in the cookie is sent back to the server.  This helps the server to identify and track the web browser.

Cookies may be helpful, for example, for remembering your preferences, login details, recording what has been placed in your shopping basket and counting the number of visitors to a website.

There are two main types of cookies: session cookies and persistent cookies.  Session cookies remain on your computer until you close your browser.  Persistent cookies remain on your computer until they are deleted or expire.

Cookies on www.umamusic.com

Your actions in browsing the Website will result in cookies being set.  UMA uses the following cookies on this Website for the following reasons:

  • [cookie name – reason for use – session or permanent cookie?]
  • [cookie name – reason for use – session or permanent cookie?]

 Google Cookies

UMA also uses Google Analytics to analyse and improve our users’ experience.  Google Analytics is a third party cookie which collects statistical and other information about your use of the Website and stores it on your browser.  Google Analytics provides us with this information to help give you the best experience possible. View Google’s privacy policy here: http://www.google.com/privacypolicy.html.

This Website may feature Google Adsense advertisements based on your interests.  To determine your interests, Google tracks some of your activity across the web using cookies.  You can change, add or remove interest categories using Google’s Ads Preference Manager, available from: http://www.google.com/ads/preferences/.

Find out more about Googles partner program privacy settings here: http://www.google.com/policies/technologies/ads/.  Note that this opt-out mechanism requires a cookie to function and deleting the cookies from your browser may prevent its function. To resolve this issue, download the Google browser plug-in available at: https://www.google.com/settings/ads/plugin. 

Other third party cookies

By using the Website, you may also be sent the following cookies from third parties for the following purposes:

  • [cookie name – reason for use – session or permanent cookie?]
  • [cookie name – reason for use – session or permanent cookie?]

Disallowing cookies

Most browsers allow you to refuse cookies by adjusting your privacy or security settings within the options dialog.  Blocking cookies may restrict the usability of some websites.

The following links provide more information about controlling cookies on your browser:

Firefox                              https://support.mozilla.org/en-US/kb/remove-recent-browsing-search-and-download-history

Chrome                            https://support.google.com/chrome/answer/95647

Safari                               http://support.apple.com/kb/PH5042

Opera                               http://www.opera.com/help/tutorials/security/privacy/

Internet Explorer              http://support.microsoft.com/kb/278835

For more information on cookies please visit the Information Commissioners Office: http://www.ico.org.uk/for_organisations/privacy_and_electronic_communications/the_guide/cookies

If you have any queries about this Cookie Policy, please contact our Privacy Officer at team@umamusic.com.

This document was last updated on 01 April 2019.

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Privacy Policy

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Privacy Policy

www.umamusic.com (the “Website”) is operated by UMA Music Group Ltd (“UMA“, “we”, “our” or “us“). UMA Music is the trading name of UMA Music Group Ltd. Of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.

1. Introduction

UMA is committed to protecting the privacy of your personal information whilst striving to provide the very best user experience.  We want your use of the UMA Mobile Application (the “App”) and website(s) (at www.umamusic.com) to be safe and enjoyable. Under the Data Protection Act 1998 and related laws, we have a legal duty to protect the personal information we collect from you.

If you have any concerns, questions or comments about this privacy policy or the website you can contact us using the contact details in paragraph 12 of this policy.

2. The types of personal information we collect and how we collect it:

Information you provide upon registration: in order to make use of certain services provided through the App or the website, you may need to register an account with us.  When you do so, you will provide us with information about yourself and you will be able to select how we use your information for marketing purposes.  You can update your marketing preferences at any time by following the instructions to amend your details in the account registration section.  We will only use your information in accordance with your instructions and as set out in this privacy policy.

Information you provide upon ordering a product or service from us: if you order a product or service from us, you will need to provide certain personal details so that the order can be fulfilled. In some cases, we will direct you to a third party partner site which will collect this information from you and fulfill your order.

Demographic and other data: this website uses cookies, web analytics and web logs to collect information about your use of our site, information about your computer such as your computer’s IP address and browser type, demographic data and, if you arrived at our site via a link from a third party site, the URL of the linking page.  If you have registered an account with us, it may also collect your name and email address.  The data collected through cookies, web analytics and web logs may be transferred to third parties.  For more information on how this website uses cookies, see our cookie policy.

Email communications: we may decide to use software in our emails to track the success of our marketing campaigns.  If you open an email from us, we can see which of the pages of our website you visited.  We will not store any information on your computer but, by communicating with our cookies on your computer, they can tell us when you have opened an email from us.  We may keep track of the emails that we send you.  We also keep a record of what communications you have selected to receive or not to receive.  If you would like to opt out of receiving such emails, please click the “unsubscribe” link in the email and follow the instructions.

Information from other sources: we may receive information about you from other sources (e.g. missing information about your postal or email addresses) and add it to the personal information we hold about you.

3. How we use the information that we collect

We own the information we collect through this website. We will use it, as applicable, to:

  • provide you with services or information that you have requested or products or services that you have ordered;
  • contact you regarding your registered account with us;
  • confirm or fulfill an order you have submitted
  • monitor or improve the performance of, and products and services available through, this website
  • customise the advertising and content that you see
  • monitor compliance with our terms and conditions of use of this website, enforce our rights and protect the safety of others including investigating and if necessary removing any content about which we receive a complaint
  • send you promotional materials or special offers on our behalf or on behalf of our group companies and marketing partners.  If you do not want to receive this marketing information you can notify us of this as part of the registration process. You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive, by amending your marketing preferences, or by emailing team@umamusic.com, giving your email address and details of the information you no longer wish to receive
  • for any purpose if we are required to do so by any law or other regulatory or government authority

Please note that if you upload or post any information to a public part of the website, we may use it in accordance with our terms and conditions of use and it may be viewed and used by others.  UMA accepts no responsibility for this.

By providing us with your personal information, you consent to us:

(a) processing your information as set out in this privacy policy and in any other manner you expressly consent to;

(b) processing your sensitive personal data, such as health data (if provided); and

(c) transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for these purposes.

4. Who we may share your personal information with

Agents: we use third parties to perform certain functions on our behalf including fulfilling orders sending emails, website analysis, data analysis and processing credit card payments. They will have access to your personal information if necessary to perform their function but they cannot use it or disclose it for any other purpose, unless you have specifically given them consent to do so.

Collection Societies:  We collect information from you relating to your use of the UMA Media, in particular the artists and titles of songs streamed, as required by the relevant royalty collection societies.  While the artists and the names of the songs streamed will be forwarded to the collection societies, your personal information will not be forwarded to the collection societies or associated with any particular song or songs.

Aggregate Information: we may share aggregate, non-personally identifiable information, such as demographics and website usage statistics, with advertisers, sponsors and other organisations.

Option to receive marketing information from associated third parties: throughout the website you may be given the opportunity to receive marketing information which may be of interest to you from associated third parties.  Only if you elect to receive such information, will we share your personal information with our associated third parties and they are only permitted by us to use it for the purpose of providing you with the marketing information you have requested.  The use of your personal information by such third parties will be subject to their own privacy policy and practices.  We are not responsible for the privacy policy or practices of any such third party.  If you do not want to receive marketing information from associated companies you can notify us of this as part of the registration process.  You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive, by amending your marketing preferences, or by emailing team@umamusic.com, giving your email address and details of the information you no longer wish to receive.

Products or services offered in partnership with third parties: certain products or services available through the App or the website may be provided to you in partnership with a third party.  That third party may require you to disclose personal information to them in order to receive such products or services.  If you request a product or service offered in partnership with a third party, the identity of the third party will be disclosed to you and your personal information will be transferred to that third party.  The use of your personal information by that third party is subject to its privacy policy and practices and we are not responsible for the same.

Group Companies: UMA is part of a group of companies and we will only share your personal information with our group companies if you have elected to receive marketing information from them which may be of interest to you.  They will only be permitted by us to use it for the purpose of providing you with the marketing information you have requested.  The use of your personal information by our group companies will be subject to their own privacy policies and practices.  If you do not want to receive marketing information from our group companies you can notify us of this as part of the registration process.  You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive, by amending your marketing preferences, or by emailing team@umamusic.com, giving your email address and details of the information you no longer wish to receive.

Third-Party Ad Serving and Audience and Traffic Measurement Services: we may use a third-party network advertiser to serve the advertisements on the App and/or the website or we may use an audience or traffic measurement service to analyse the traffic on the App and/or the website.  Advertisers, sponsors and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser.

5. Maintenance and storage of information

Your information is collected and stored on servers which are owned and maintained by or on behalf of Namecheap and/or its group companies. We may keep your information for a reasonable period for the purposes set out in this privacy policy.

6. Links to other websites

We may provide links to a wide variety of other websites and we display advertisements from third parties on our website. We may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, we are not responsible for the content or privacy policies of these websites or for third party advertisers, even if they use our logo as part of a co-branding agreement, nor for the way in which information about their users is treated.  Before submitting any personal information to such websites, you should check their privacy policy.

7. Security

In accordance with our requirements under the Data Protection Act 1998, we will adopt appropriate security procedures to help prevent unauthorised access to your information. Neither UMA nor any of its group companies shall be liable for any attempt to hack or crack or otherwise gain access to any part of this website including any of your information.

8. A note for parents concerning privacy

This website is a general audience website. On the website, we do not currently knowingly collect any personal information from children under the age of sixteen. If, in the future, we collect personally identifiable information from children on the App and/or the website, we will do so in compliance with all relevant laws and regulations including, without limitation, obtaining parental consent where necessary.

9. Policy changes

By using the APP and the website you agree to the terms of this privacy policy, the APP terms and conditions and our terms of use. We may amend this privacy policy, the APP terms and conditions and the terms of use from time to time. If we do so, we will post an updated version on the APP and/or the website.  You will be bound by the new terms upon your continued use of the APP and/or the website.

10. Questions about the App or website and the information we hold about you

You can contact the UMA team at UMA team@umamusic.com. If you have any questions about your information including what we hold and how it is used, you can contact us at team@umamusic.com. You are entitled to ask for a copy of the information we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected.

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T&Cs

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Terms and Conditions

1. INTRODUCTION

Welcome to the UMA Music Group website (www.umamusic.com) (the “Website“) and the UMA mobile application (the “App”).  UMA is a media platform, content creator and producer of live events with supporting websites and mobile applications also available  (the “UMA Service“).

The Website and the App are together referred to as the “UMA Media”. The UMA Media and the UMA Service are operated and maintained by or on behalf of UMA Music Group Ltd. of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, trading as UMA Music, UMA Studios, On The Verge, UMA Live UK and On The Verge Live UK  (“UMA”, “we”, “us“ or “our”).

The following terms and conditions (“Terms”), together with our privacy policy (“Privacy Policy”), our cookie policy (“Cookie Policy”) and, where applicable, the UMA End User Licence Agreement (“EULA”), as amended from time to time, constitute the entire agreement between you (“you”, “your”, “User”) and UMA.

By accessing the UMA Media and/or using the UMA Service, you agree to be bound by the Terms, Privacy Policy, Cookie Policy and, where applicable, EULA. They supersede any previous agreement, written or oral between you and UMA and apply to the Website and the App (for iPhone, iPad and other devices using iPhone OS and for devices using another OS). If you do not agree, you should leave the Website and stop using the UMA Service and UMA Media immediately.

2. THE APP

The App may be downloaded in either Apple format from the App Store, which is owned and operated by Apple Inc, and other companies within its group, or in Android format from Google Play, which is owned and operated by Google Inc and other companies within its group.

The App Store, Apple Inc., Google Play and Google Inc are registered trademarks of their respective companies.  They do not endorse UMA.

3. RULES RELATING TO CONDUCT

3.1     IN ORDER TO USE THE UMA SERVICE, YOU MUST:

  1. be at least 13 years of age; and
  2. agree to install the App on your mobile device; and
  • select a username and password and if you wish to use the UMA Service on multiple devices or upgrade then you will also need to register an account with us; and
  1. give complete and accurate registration information, and keep that information updated; and
  2. be responsible for all activities and omissions which take place under your account and for keeping your password secure; and
  3. ensure that your computer and/or mobile device meets technical specifications required to access and use the UMA Media, including:
    1. any connection, service and other fees associated with such access and all equipment necessary to enable you to connect to the world-wide web (including a computer or other access device);
    2. using the appropriate App for your device (either Android or Apple);
    3. ensuring that the device is exclusively owned or controlled by you;
    4. ensuring you have sufficient bandwidth and/or digital storage to use the UMA Media and the UMA Service. We are not responsible for any bandwidth limitations put on you by your ISP or mobile service provider; and
  • notify us immediately by email at team@umamusic.com if you become aware of any actual, threatened or suspected unauthorised use of your account or username and/or any other breach of security.

3.2     YOU MAY NOT:

  1. Violate these Terms;
  2. Violate applicable UK laws relating to online conduct (including, without limitation, content which can be posted online) and/or any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”)
  • In the absence of the appropriate performing rights licence use the UMA Media to play recorded music or music videos in public. For the avoidance of doubt, you may not use UMA Media anywhere outside of a domestic setting.  For example, you may not use UMA Media to play recorded music in workplaces, public events or in the course of business. However, you may use it as part of domestic home life or when there is an audience entirely comprised of friends and/or family (such as at a private family party)
  1. Upload, link, transfer or otherwise display software viruses or any other files or programs that may interrupt, destroy or limit the functionality of the UMA Media or the UMA Service or any server or networks connected to the UMA Media or another’s computer.
  2. Collect any IP addresses or email addresses or other contact information of any members of UMA by electronic means or otherwise; or
  3. Restrict or in any way inhibit any other person’s use of the UMA Media or the UMA Service; or
  • Register an account with us under more than one user name and/or user account number e.g. by using so called “ghost” accounts or for some other purpose other than for the purposes of promoting separate legal entities such as an artist, band or business; or
  • Breach the terms of any suspension or ban or seek alternative access; or
  1. In the interests of free speech, bring any action for defamation against UMA, or any of the companies in the same group; or
  2. Use or solicit any other account holder’s personal data for any purpose other than establishing non-commercial, lawful contact that such User would reasonably expect to welcome; or
  3. Use the UMA Media in a manner which promotes or encourages illegal activity; or
  • Attack our site via a denial-of-service attack or a distributed denial-of service attack (as these words are generally understood within the technology industry) or engage in similar attempts to make our machine or network resource unavailable to its intended users; or
  • Attempt to gain unauthorised access to the UMA Media or any user accounts, networks, servers or computer systems connected to the UMA Media; or
  • Modify, adapt, translate or reverse engineer any part of the UMA Media or use any robot, spider, site search/retrieval application or other device to retrieve or index any part of the UMA Media or re-format any portion of the web pages comprising the UMA Media, unless permitted by us or law; or
  1. Remove or obstruct from view any advertisements and/or any copyright, trademark or other proprietary notices contained on or in the UMA Media; or
  • Contact any other user of the UMA Media if they have expressly asked you not to; or
  • Attempt to impersonate any other user or account holder of the UMA Media or the UMA Service;
  • use another User’s username and/or password; or
  • disclose your password to any other person.

3.3     YOU MAY:

  1. cancel your account with us at any time by following the instructions on the account pages.

4. OPERATION OF THE UMA SERVICE AND THE UMA MEDIA

We cannot guarantee that the UMA Service will be uninterrupted or error free. From time to time, all or certain functions of the UMA Media may become unavailable, modified, suspended or withdrawn, without notice,  We will not be liable to you or any third party in these events.

5. CONTENT

  • The copyright in all material contained on, in, or available through the UMA Media including information, data, text, biographies, lyrics, music, sound, photographs, graphics, video, messages, software and other material, the selection and arrangement thereof, and all source code, software compilations and other material (“Content“) is owned by or licensed to UMA or its group of companies and is subject to copyright, trade mark rights, and other intellectual property rights of UMA or its licensors. All rights not expressly granted are reserved by UMA and its licensors.
  • You can view, print or download extracts of the Content for your own personal use but you cannot otherwise download, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, broadcast, sell, commercially exploit, disseminate in any form whatsoever or use the Content (other than Content posted by you) for any other purpose without UMA’s express permission or, where applicable, express permission of UMA’s licensor. You must not frame or link to the UMA Media or any part of it without our permission.
  • The trademarks, service marks, and logos (“Trade Marks“) contained on or in the UMA Media are owned by UMA or its group of companies or third party partners of UMA. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of UMA or the relevant group company or the relevant third party partner of UMA.
  • Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners.
  • You further understand and acknowledge that in using theUMA Service, you may be exposed to Content that is factually inaccurate, and/or offensive, indecent, immoral or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UMA with respect to any such Content

6. CONTENT PROVIDERS

This clause 6 applies only to Users who submit or upload Content to the UMA Service (“Content Providers”).  In clause 7, “you”, “your” and “yours” applies to groups and/or bands jointly and severally.

  • You are responsible for any Contentwhich you post, upload and/or display (in public or privately) to the UMA Media. You may take down any Content you have submitted to the UMA Media at any time but you agree that such Content will remain stored on our servers in so far as the Content has already been accessed by our users.
  • You retain ownership of any and all rights in any Content you submit, upload or display on or while using the UMA Service, but you are required to grant a limited licence to UMA and other users of the UMA Service (see below).
  • You grant UMA and its group of companies a non-exclusive, royalty free, sub-licensable, world-wide licence to use, reproduce, distribute, make derivative works of modify, publish, display and/or perform (both publically and privately) such Content (including a right to sub-licence): (i) on and through the UMA Media and the UMA Service and otherwise in connection with UMA’s business, including without limitation for promotion and redistribution of the UMA Service (and derivative works thereof) in any media formats and through any media channels; (ii) in any other form or medium provided that we have obtained your prior permission to do so.
  • When you upload or post Content to UMA, you also grant to each user of the UMA Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the UMA Service, and to use, reproduce, distribute, display and perform such Content to the extent permitted by the UMA Service and these Terms.
  • The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. Any licenses granted by you in text comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
  • You are solely responsible for your own Content and any consequences of posting or publishing it. Your Content, opinions, advice and recommendations expressed therein, are not endorsed by UMA and we expressly disclaim any and all liability in connection with Content.
  • You agree that you will not post or upload any Content which contains material which is illegal, harmful, threatening, abusive, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, inaccurate, misleading, un-necessary, repetitive, out of date, invasive of another’s privacy, solicits personal information from anyone under the age of 18 years, is inappropriate or objectionable, receives any complaint (whether justified or not), contains any nudity or which is illegal for you to possess in the country in which you are resident, or which it would be illegal for us to use or possess in connection with the provision of the UMA Service.Without limiting the generality of the foregoing where the Content contain explicit lyrics you are required to tick the “Contains Explicit Content” box before publishing your App and reserve the right to remove the same and for the avoidance of doubt you shall be solely liable for any offence caused and you shall fully indemnify us in respect of the same,
  • You will not upload, post or otherwise display any Content comprising an advertisement or accept payment or anything of value from any person in exchange for you uploading, posting or displaying any Content or otherwise performing any commercial activity on or through the UMA Media or the UMA Service on behalf of such person (including, without limitation, posting on the forum or in general comments for a commercial purpose and/or sending messages to other users of the UMA Media with a commercial purpose).
  • Upload, post or otherwise display any Content which contains spam, chain letters, pyramid schemes, bulk mail, junk mail or similar; or
  • UMA may (but shall not be obliged to) delete, edit, lock, move or remove any Content without notice and for any reason and/or to record the IP address from which any Content is posted, uploaded and/or displayed without notice and for any reason, including, without limitation, Content which, in our sole discretion, violates these Terms.
  • We reserve the right to use IP addresses to identify a user when deemed necessary to enforce compliance with our terms and conditions or to protect the UMA Service, users or third parties. We reserve the right to forward IP addresses to authorities if deemed necessary or as required by law.
  • You grant UMA the right to use your account name in connection with the distribution, exploitation, marketing and promotion of the UMA Service.
  • When uploading sound recordings, you are required to indicate whether any songwriters featured on the sound recording are members of PRS For Music.It is your sole responsibility to provide accurate and up to date information regarding PRS Membership.  We will not be held responsible for any errors or omissions in information provided to us.  If any details you have provided change, it is your sole responsibility to notify us of those changes immediately at team@umamusic.com.
  • We reserve the right to amend your username at anytime at our absolute discretion if we believe that the username is offensive or seeks to use the goodwill and reputation of a third party or otherwise causes offence or confusion.In such circumstances we will notify you of our decision and we will consider any representations you may wish to make in respect of our decision in good faith provided that our decision shall be final.

7. LINKS TO THIRD PARTIES

The UMA Media may contain links to websites operated by third parties (“Third Party Websites“). UMA may monetise some of these links through the use of third party affiliate programmes.  Notwithstanding such affiliate programmes, UMA does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

8. PRIVACY POLICY

UMA will only use your personal information in accordance with the terms of our Privacy Policy.  By using the UMA Media you acknowledge and agree that you have read and accept the terms of our Privacy Policy.

9. DISCLAIMER / LIABILITY/ INDEMNIFICATION

USE OF THE UMA MEDIA AND/OR THE UMA SERVICE IS AT YOUR OWN RISK. THE UMA MEDIAAND THE UMA SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) UMA DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE UMA MEDIAAND/OR THE UMA SERVICE; AND

(B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE UMA MEDIA AND/OR THE UMA SERVICE (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN UMA AND YOU, HEREBY EXCLUDED.

IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR THE CONDUCT OF ANY USER AND/OR ACCOUNT HOLDER OF THE UMA MEDIA AND/OR UMA SERVICE; ANY ERROR, DELAY OR FAILURE IN THE TRANSMISSION OF ANY COMMUNICATION BETWEEN USERS AND/OR ACCOUNT HOLDERS; ANY TECHNICAL FAILURE OF THE INTERNET, THE UMA MEDIA AND/OR THE UMA SERVICE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE UMA MEDIA OR THE UMA SERVICE, HOWSOEVER CAUSED. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

  • UMA will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the UMA Media and/or the UMA Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss; howsoever caused.
  • You agree to indemnify UMA and its group of companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of or inability to use the UMA Media and/or theUMA Service, and any use of the same under your account or username other than in accordance with these Terms or Applicable Law.
  • IF UMA IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE UMA MEDIA AND/OR THE UMA SERVICE, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (£50.00); OR (B) THE SUMS PAID BY YOU UPON REGISTERING AN ACCOUNT WITH US; OR (C) THE SUMS PAID BY YOU UPON RECEIVING A UMA SERVICE, WHICHEVER IS GREATER.
  • Nothing in these Terms shall be construed as excluding or limiting the liability of UMA or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.

10. ACCESS RESTRICTION AND SERVICE SUSPENSION OR TERMINATION

  • Our processes analyse your usage of the UMA Media automatically. Should we find anything suspicious, access to your account and your credits may temporarily be blocked. Following such suspicions, your account may be monitored to determine the nature of any suspicious activity.
  • UMA reserves the right in its sole discretion to suspend or deny you access to the UMA Media and/or the UMA Service, or any part thereof, with or without notice and for any reason including, without limitation, if you fail to comply with any clause 3 (Rules Relating to Conduct) or any other provision of these Terms and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. In particular, we may deny you access to the UMA Media and/or the UMA Services if we exercise our right to delete, edit, lock or remove any Content posted, uploaded or displayed by you.

11. ADVERTS AND/OR THIRD PARTY LINKS ON THE UMA MEDIA

We accept no responsibility for adverts and/or third party links posted on the UMA Media. If you purchase goods and/or services from any third party linked to from the UMA Media, you do so at your own risk. The third party, not UMA, is responsible for any such purchases and if you have any queries or complaints in relation to them, your only recourse is against the third party.

12. ONLINE COMPETITIONS

If you take part in any competition which is run on or through the UMA Media (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by UMA from time to time (“Competition Rules“) and by the decisions of UMA, which are final in all matters relating to the Competition. UMA reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

13. COPYRIGHT POLICY

It is our policy to terminate any person’s account with us if they repeatedly infringe the intellectual property or proprietary rights of others. If you believe any of your work has been copied and posted on the UMA Media in a way which infringes your intellectual property or proprietary rights, please contact us at the address set out in paragraph 16 or click on the “Report this” link at the bottom of the UMA Media page or next to the allegedly infringing copy. You will need to provide us with the following information: (i) a description of the work that you claim has been infringed and a description of the alleged infringing copy of it; (ii) a description of where the alleged infringing copy has been posted on the UMA Media; (iii) your contact details; (iv) a written statement, signed by you, to confirm that you are the owner of the work or you are authorised to act on the owner’s behalf and the information you have provided to us is accurate to the best of your knowledge and belief.

14. GENERAL

14.1 UMA reserves the right to update these Terms from time to time by making the new terms available on our Website. If it does so, the updated version will be effective as soon as it is uploaded on to the Website and your continued use of the UMA Service and UMA Media following any changes constitutes your acceptance of the new Terms. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of UMA.

14.2 These Terms shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or relating to these Terms and/or your use of the UMA Media and/or the UMA Service.

14.3 If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

14.4 UMA’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by UMA in writing.

14.5 Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, UMA and its group of companies

15. CONTACT

You can contact the UMA team at: team@umamusic.com.

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End User Licence Agreement

EULA

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End User Licence Agreement

PLEASE READ THIS END USER LICENCE AGREEMENT (“LICENCE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE UMA MOBILE APPLICATION (THE “APPLICATION”) ACCOMPANYING THIS LICENCE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE. DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION.

1. General.

The Application is operated and maintained by or on behalf of UMA Music Group Ltd. of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, trading as UMA Music, UMA Studios, On The Verge, UMA Live UK and On The Verge Live UK (the “Company”, “UMA”, “we”, “us“ or “our”)

The Application is licensed, not sold, to You by UMA for use strictly in accordance with the terms and conditions of this Licence, and any “usage rules” established by any other third party usage rules or terms of use, such as Apple Inc. and other such vendors (“Usage Rules”), which are incorporated herein by this reference. The term “Application” shall refer to and consist of the following:

(i) the mobile software application accompanying this Licence, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components;

(ii) any updates, modifications or enhancements to the items listed in subsection (i); and

(iii) any specific website the Application directs you to via any browser located on an iPhone or such other mobile device (“Mobile Device”).

2. Licence Grant and Restrictions on Use

2.1 Licence Grant.Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on one or more Mobile Device(s) owned and controlled by You, and to access and use the Application on such Mobile Device strictly in accordance with the terms and conditions of this Licence, the Usage Rules and any service agreement associated with your Mobile Device (collectively “Related Agreements”).

2.2 Restrictions on Use.You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not:

(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;

(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;

(c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application;

(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application;

(e) use the Application for any revenue generating endeavour, commercial enterprise or other purpose for which it is not designed or intended;

(f) install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer if they are not owned or controlled by you;

(g) distribute the Application to multiple Mobile Devices if they are not owned or controlled by you;

(h) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time;

(i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company;

(j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or

(k) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

3. Intellectual Property Rights

3.1 Rights to Application.You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential in of Company and its affiliates, licensors and suppliers. Except as expressly stated in this Licence, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this Licence are hereby reserved and retained by Company.

3.2 Third Party Software.The Application may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party licence applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between the terms of this Licence and the terms of such open source or third party licences, the terms of the open source or third party licences shall control with regard to Your use of the relevant Third Party Software. In no event shall the Application or components thereof be deemed to be “open source” or “publically available” software.

3.3 Company’s Marks. You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company which may be withheld for any or no reason.

3.4 Infringement Acknowledgement. You and Company acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not Company) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.

4. Restriction on Transfer

You may not rent, lease, lend, sublicense or transfer the Application, this licence or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

5. Use of Information

5.1 Consent to Use Information.You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to Company and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiable to You. The Information will be treated as being non-confidential and non-proprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.

5.2 Privacy Policy.You represent that You shall comply with the terms and conditions of the Company Privacy Policy, which sets forth and describes the practices of Company with respect to the collection, use and disclosure of Information in connection with Your use of the Application. Company reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. Company will post any changes to its Privacy Policy at the web address set forth in the preamble to this Licence. Your use of the Application following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes.

6. Third Party Content and Services.

6.1 General.You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).

6.2 Disclaimer.You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party- Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Company hereby disclaims any representation, warranty or guarantee regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriates, accuracy, completeness or legality of the Third Party Content and Services.

6.3 Third Party Terms or Service.You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a licence to (i) the Third Party Content and Services: (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services: or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.

6.4 Endorsements.You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services. Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Company has no obligation to restrict or deny access even if requested by You.

6.5 Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services. You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent or objectionable: (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent or objectionable.

6.6 Use or Third Party Content and Services.You agree that the Third Party Content and Services contain proprietary in and material that is owned by Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorised way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by You.

6.7 Apple Users.Thisclause only applies to you if you access the App on an iPad, an iPhone or any other device using iPhone OS.  The following terms of this clause 6.7 are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the App.

  1. Acknowledgement: You and we acknowledge that this end user license agreement is concluded between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
  2. Grant of Licence: Subject to your compliance with all conditions of this Licence we grant you a non-exclusive, personal, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/uk/legal/terms/).
  3. Maintenance and support: We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  4. Product claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. Then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
  6. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties
  7. Third Party Beneficiary: You acknowledge and agree that Apple are third party’s beneficiaries of this Licence, and that when you accept the terms and conditions of this Licence, Apple will have the right (and will be deemed to have accepted the right) to enforce this Licence against you as a third party beneficiary thereof.
  8. Third Party Terms of Agreement:We do not use any third party software or applications in our App and therefore this Licence sets out the terms and conditions of using the App.
  • Android Users. This clause only applies to you if you access the App on a device using Android OS.The following terms of this clause 6.8 are the terms which we are required by Google to notify you of and obtain your consent in respect of using the App.
  1. the Android Application may only be accessed and used on a device owned or controlled by you and using the Android OS;
  2. you acknowledge and agree that:
    1. Google has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Google, using the contacting us details on the Website or at the end of these terms;
    2. although these terms are entered into between us and you (and not Google), Google, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
  • except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Google); and
  1. in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Google will not be responsible or liable to you in relation to that claim.

7. Term and Terminating

7.1 Term.This Licence shall be effective until terminated.

7.2 Termination.Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Licence and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Licence, then this Licence and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this Licence, You shall cease all use of the Application and uninstall the Application.

8. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS. AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS: (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE: (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS: OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY POUNDS STERLING (£50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties ) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services: (ii) Your breach of this Licence: (iii) Your violation of law: (iv) Your negligence Or wilful misconduct: or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the Licence.

11. Compatibility

Company does not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

12. Product Claims

You acknowledge that You (not Company) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Company from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement: and (iii) any claim arising under consumer protection or similar legislation.

13. Miscellaneous

13.1 Governing Law.This Licence shall be deemed to take place in England, UK and shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from this Licence shall be adjudicated in the courts of London. This Licence shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

13.2 Severability.If any provision of this Licence is held to be invalid or unenforceable with respect to a party the remainder of this Licence. or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this licence shall be valid and enforceable to the fullest extent permitted by law.

13.3 Waiver.Except as provided herein, the failure to exercise a right or require performance of an obligation under this Licence shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

13.4 Export Control.You may not use or otherwise export or re-export the Application except as authorised by law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that You will not use the Application for any purposes prohibited by law.

13.5 Modification or Amendment.Company may modify or amend the terms of this Licence by posting a copy of the modified or amended Licence on the Company Application Licence website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended Licence is posted on the Company Application Licence website.

13.6 Survival.The following sections of this Licence and any other provisions of this Licence which by their express language or by their context art intended to survive the termination of this Licence shall survive such termination: 1, 2.2, 3, 4, 5, 7, 8, 9, 10, 12 and 13.

13.7 Assignment.Except as permitted in Section 4, You shall not assign this Licence or any rights or obligations herein without the prior written consent of Company and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

13.8 Entire Agreement.This Licence including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

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