General terms and conditions

This agreement applies to and between you and Music Worx (https://music-worx.com). Music Worx is a brand owned by Pro Conecta AG, Baarerstrasse 75, 6300 Zug, Switzerland. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website and any mobile application operated by Music Worx (“us”, “we”, or “our”).

In this Agreement “you” and “your” refer to our Users, Music Professionals, Potential Music Professionals engaging us and our Services, “we”, “company”, “us” and “our” refer to Music Worx or https://music-worx.com and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the Music Professionals and ourselves, or either the Music Professionals or ourselves. Any use of the terminologies or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

By using our Website https://music-worx.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.

Unauthorised access

It is unlawful to try and gain unauthorised access to the site, its servers, or any computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to

Age restriction

This Site is offered and available to users who are 18 years of age or older. If you are under 18, you may not use this Site or our services. By using this Site, registering an account, streaming, uploading or downloading information or content on our website, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

All age restrictions and use of this site shall be subject to the age restriction within your jurisdiction. In the event that we find out you are underage and ineligible to use the site; we shall immediately delete your account from our database and denied any access to this site.

Our Services

Music Worx provides services to Music Professionals and Music Consumers (the “Service Users”). Service Users are able to browse, listen, share, buy, stream, promote and download music all on one platform.

Music Professional you can buy, download and stream unlimited music. Music Professionals can promote their tracks (Promote your own tracks) with our tools, get exclusive upfront promos, and create their own playlists and top 10 list. Label and Producer upload their tracks directly on Music Worx or by a distributor. Every registered Music Professional is able to buy, download or stream this music.

Music Consumers are able to stream high quality selected music on the website and mobile applications made available to them.

Our Website

Registered service users on our site https://music-worx.com may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by Music Worx at the direction of the service users. Any such content may be shared and distributed by the service users, and other users of the site, using the tools and features available on our Website, Apps and elsewhere.

We also provide social and interactive features that enable users to engage with our Music Worx community and ensure they get the right contents. Any such feature as mentioned above are only available to registered service users.

We may, from time to time, release new tools, resources and features on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that we may release for those specific services or features.

License

Subject to these terms and conditions, you are granted a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to view Content uploaded and posted on our Website, to listen to audio Content streamed from the Platform/website online or offline and to share and download audio Content using the features of the Platform where authorisation has been granted by the service user who has uploaded the content. This license is subject to the rules and laws of the territory you are currently located and the territorial availability of the audio Content.

As a Music Professional, you are granted a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to submit, upload, use Apps, stream, download offline, buy and participate in community areas.

All licenses herein are subject to your strict compliance. You must not copy or capture, or attempt to copy or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening.

Fees and Payments

 In consideration for the services provided by us, we shall be charging you a fee as follows;

1. Music Worx will charge your credit/debit card or PayPal (whichever you have provided us) for any purchases made, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account.

You hereby agree to authorise Music Worx to charge your credit/debit card or PayPal (whichever you have provide us) at Music Worx’s convenience. Any charge herein shall be no earlier than when the purchased Product/content is actually available for download or delivery, except in the case of pre-order content. You warrant that any payment information provided by you to us shall be correct and belong to you. We may charge you for individual purchases made by your account or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account.

2. Download of content/Product on our website is regarded as an individual sale and subject to the terms and conditions of this Agreement. Each download you make will be regarded as a separate transaction on your account and each delivery of a download will constitute a separate sale, whether delivery is in whole or partial fulfilment of an order. For the purpose of creating Music Worx charts and other marketing data, Music Worx reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behaviour intended to, in Music Worx’s sole discretion, falsely inflate sales data.
3. Payments are only acceptable by and through the following means; American Express Card, Visa Card, Master Card, JCB and PayPal (the “method of Payment”). Cash payment, money orders, or checks are not accepted. You agree to pay all fees and charges associated with your purchase(s), any such charges will include ANY APPLICABLE TAXES and shall be at the rate solely based on your territory of purchase. You are responsible for any purchase made by a third party in your account. All such purchases shall be billed against your account.

PLEASE NOTE THAT THE ONLY ACCEPTED CURRENCIES ARE THE US DOLLARS AND EURO. ANY PAYMENTS OUTSIDE THIS CURRENCIES MAYBE SUBJECT TO A CHARGE BY YOUR CARD, BANK OR OTHER ISSUERS (DEPENDING ON YOUR METHOD OF PAYMENT). PAYMENTS SHALL ALSO BE SUBJECT TO THE RATE AT THE TIME OF YOUR PURCHASE.

• Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). During the trial period of 30 days you’re able to stream one thousand tracks for free. Music Worx may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL. IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

Setting up an Account

To use our website/services, you will need to sign up or set up an account with us which will contain certain personal details and Payment Information which may vary based on your method of payments.

While you are not obligated to register to use the Platform/website, access to our mobile applications and certain services are only available to registered users. To ensure the best service to you and a better user engagement, we suggest you create a Music Worx account.

In order to help you to navigate and discover content on the Platform that interests you, as a registered user you will also receive auto-generated personalised recommendations of other content that might appeal to you, based on your listening habits.

To register or signup to use the platform/website, kindly follow the following steps:

1. Create an account/signup or subscribe to our website by filling out all the details required during the signup process;
2. Our system shall verify if the submission is valid and once verified, an email shall be sent to the email provided during your signup;
3. Once your account has been created on our website, a confirmation email shall be sent to the email address you have provided while creating your account/sing up to confirm your account is active, welcoming you to our website/services, and provide you with details of the packages we have.

When you register to use the Platform, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provided is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

In creating your account and continuing to use this Website, you represent and warrant that:

1. all information you submit is accurate and truthful;
2. you have permission to submit Payment Information where permission may be required; and
3. you will keep this information accurate and up to date.

It is recommended that you do not share your Account details, particularly your username and password.  We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Music worx immediately to suspend your Account and cancel any unauthorised purchases or payments that may be pending.

Username Policy

No two users or DJs can have the same Music Worx Username or DJ name (collectively, “Music Worx Username”) on the Music Worx platform. Music Worx Usernames are provided on a first-come basis.

Music Worx will not typically intervene in Music Worx Username disputes. Disputes should be resolved between the parties. However, Music Worx reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her Music Worx Username.

Subscription and renewals

As part of our registration/signup process, you are required to select a subscription package. Any such package shall be fixed with a date of expiration. We have subscription plans for our Music professionals listed here https://music-worx.com/plans/. On the PRO streaming plans you’re able to download unlimited MP3 and FLAC files for offline streaming. You can play up to four thousand streams a month with a total duration of three hundred and sixty hours which is over twelve hours a day. The subscription renews automatically unless you cancel it before the automatic renewal date. You will be charged only from the second month.

Refund and Cancellation Policy

Orders made on our website are non-refundable once payment has been processed by us. Music Worx will not refund any fees for Products or services that you purchase and then fail to download. Notwithstanding the foregoing, any such failure caused solely by our negligence or gross misconduct shall be refunded in our sole discretion.

Fraudulent Transactions

In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site. Falsely making any such fraudulent claims can result in your card being blacklisted which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.

Intellectual Property

Subject to other terms in these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of Music Worx  and our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable laws of Switzerland, International Intellectual Property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.

If you discover any content on the Platform/website that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages. Alternatively, you can send us an email or letter own, please ensure to include the following information:

1. a description of the copyright work(s) or content that you claim have been infringed;
2. the Music Worx URL(s) where such Content can be located;
3. your full name, address and telephone number, a valid email address on which you can be contacted, and your Music Worx username if you have one (we warrant that any information provided to us shall be kept confidential and only disclosed if lawfully required);
4. a statement by you that you have a good faith belief that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
5. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and your electronic or physical signature (which may be a scanned copy).

Downloads and Copyright

You have the rights without limitation to download any MP3 or FLAC or WAV files on Music Worx for private use and storage on your personal device. You are not permitted to re-distribute the music files obtained from this website to any third party. Any such redistribution is a criminal offence and you shall be dealt with accordingly. We work strongly against the piracy of music industry and prohibit any piracy of content on our website. You are only permitted to make a single copy of any content on our website for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

Streaming

Content from a provider that is no longer available for streaming or has been removed completely (takedown) will no longer be available. This content will be deleted from the website and the streambox or it will no longer be playable online and offline. Music Worx accepts no responsibility for content that is not available to streaming subscribers. If the content is still available for download, the only option is to purchase the content.

Music Worx is associated to the Copyright Society Suisa and where applicable, other competent Swiss Copyright and Neighbouring Right Societies.

Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Music Worx or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Use of the website

When using the website and our service, you shall act in accordance with the following rules:

1. It is advised that submissions are made in the languages provided on the site;
2. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
3. You must be polite to our staff and other users and you shall not use any swear word or make any racist, sexist, threating words towards our them;
4. You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without our prior written consent;
5. You shall not publish or send malicious content with the intent to compromise another our server or member’s account or computer environment, such act is strictly prohibited;
6. You may not create a false identity or misrepresent your identity, use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. We reserve the right to require Service Users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Termination and Cancellation

We may terminate your Account If we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

Music Worx reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

Upload Content

This section governs any material that you upload or transmit to us through our upload system, including, without limitation, musical works, sound recordings, literary works, photographs, audio-visual works, artwork, comments, and messages (collectively, “Add Release”).

You are solely responsible for all Content you submit. You agree, represent, and warrant that any Content you upload or transmit is truthful, accurate, not misleading, technically harmless and offered in good faith, and that you have all rights, licenses, permissions, and authorizations necessary to upload and transmit the Content and grant the rights to the Content as set forth in these Terms. You must not upload or transmit any Content through an email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Except as otherwise expressly agreed to in a separate writing signed by you and an authorised representative of Music Worx, or as otherwise specified in these Terms, any Content uploaded or transmitted to the Service via email will be considered non-confidential and non-proprietary, and treated as such by Music Worx.

Labels and Producers hereby grants the right to all registered Music Worx User to download, stream or buy any submitted content for private and public use. DJs can stream any such content offline using our offline streaming service and software application- Streambox. You will continue to own, to the extent of your existing rights, all of your Content, including, but not limited to, your sound recordings, musical works, and audio-visual works.

By uploading or posting your Content to our Platform/Website, you initiate an automated process to transcode any audio Content and permit Music Worx to store your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to your Content offline) and other communication to other Service Users. To the extent it is necessary in order for Music Worx to provide you with any of the aforementioned hosting services for the purpose(s) set forth in these Terms and conditions, including the distribution of content, advertising or promotion of materials on our platform/website and/or to enable your use of the Platform/website, you hereby grant to Music Worx a limited, worldwide, non-exclusive, royalty-free license.

The provision under this clause only affects content that has been uploaded directly to Music Worx as a label or producer. Content which is downloaded via promotions is considered free for download and streaming and will not be billed. Any such promotional content shall become billable in 2020. Label or producer shall be able to sell their content by enabling the “sell my content” function (available in 2020).

Streambox

DJS using our service can stream music online and offline using our DJ Streaming application- “Streambox”. Click here https://music-worx.com/dj-app/ to find out more on the stream box application. DJS must ensure before using this application or playing music at an event using the streambox, the host of the event has the right authorisation of the competent copyright societies.

Services, Pricing and Availability

Whilst every effort has been made to ensure that all descriptions of Services available on our site correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether. All pricing information on the Website is correct at the time of going online. Music Worx reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

In the event that prices are changed during the period between an order being placed for Services and Music Worx processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

Our responsibilities/Warranties

Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.

We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.

If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners) we will not be liable for this.

Your Warranties

When you submit your content (only directly added and not valid for Distributors) to Music Worx, you simultaneously grant Music Worx an worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant such license to Music Worx.

We do not claim any ownership rights in your Content, and you hereby expressly acknowledge and agree that your Content remains your sole responsibility.

You hereby that any personally identifiable information and other information including but not limited to email address, billing address, name, WAV files, Mp3 files submitted by you to us belong to you and not any third party. You also warrant that the use of the content submitted to us by us and other users does not infringe an agreement you have with any third party.

You warrant that you are legally capable of entering into this contract with Music Worx.

Disclaimers

We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Service/Website.

Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Service Users are advised to take responsibility for their own security, that of their personal details and their computers.

Third-party websites with links from the Site have not been verified or reviewed by Music Worx and the use and access of such third-party websites is made at your own risk. All services herein are provided “As Is” and “As Available”.

Modification of Service and these Terms and Conditions

Music Worx reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.

Music Worx may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Music Worx will not be liable to you or to any third party should it exercise such rights.

Limitation of Liability

To the maximum extent permitted by law, Music Worx accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Service Users should be aware that they use the Website and its Content at their own risk. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

If we fail to comply with these terms and/or any of our services as promised to you, we are responsible for any reasonable loss or damage you suffer that is a foreseeable result of us breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:

• any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Service;
• the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from Music Worx or its licensees;

Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part. Any compensation for any liability caused by us under this agreement shall not exceed $120 or only to extent permitted by law.

No Waiver

Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Resolving disputes

Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator in Switzerland or as agreed upon by the parties.

We encourage Service users to try and settle conflicts amongst themselves. Any such dispute shall remain between the service users and Music Worx shall be indemnified and not brought into such dispute.

Indemnification

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, you agree to indemnify and hold harmless Music Worx, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission by you, your respective, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. You shall not sue or seek to recover any damages or other payment from Music Worx and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Music Worx shall be governed by and construed in accordance with the laws of Switzerland and you agree to submit to the exclusive jurisdiction of Switzerland.

Entire agreement

These Terms, the Privacy Policy, and any other agreement contained on our Site or agreed by the parties constitute the entire agreement between you and Music Worx.

How to contact us

If you have any questions about out company’s Terms and Conditions, or you would like to exercise one of your data protections rights, please do not hesitate to contact us on our contact details provided on our website.

Contact details for Music Worx
Pro Conecta AG-Baarerstrasse 75-6300 Zug-Switzerland.