1. Acceptance of our Terms
By visiting the website Music worx, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Music worx, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Music worx. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Music worx and that your use of Music worx shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that Music worx is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Music worx is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that Music worx may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Music worx authorizes you to view and make a single copy of portions of its content 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.
4. Submitted Content
When you submit content to Music worx you simultaneously grant Music worx an irrevocable, 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 the above license to Music worx.
5. Validity of these Terms & Conditions
The present Terms & Conditions are valid during and after the termination of the Agreement with you and/or your registration and are subject to change by Deejayatworx.
6. Disclaimer of Warranties
You understand and agree that your use of Music worx is entirely at your own risk and that our services are provided "As Is" and "As Available". Music worx does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Music worx website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that Music worx and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Music worx has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Music worx is limited to the greatest extent permitted by law.
8. External Content
Music worx may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Music worx is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
9. Download and Copyright
You have the rights without limitation to download any MP3 files on Music worx for private use, storage on your personal computer and only those public (DJs) performances, for which the host of the event has an authorization of the competent copyright societies.
Every file you download is watermark protected and identifies you as the original downloader. We suggest you NOT TO DISTRIBUTE the files you download from this website, which is prohibited. Files traced to you, found on P2P websites, could lead to criminal prosecution.
To be a member on Music worx is a privilege. Dont abuse your privileges. We work strongly against the piracy of music industry.
Music worx is associated to the Copyright Society Suisa and where applicable, other competent Swiss Copyright and Neighboring Right Societies.
10. Label/Producer Content
This section governs any material that you upload or transmit to the Service to us through FTP or upload system, including, without limitation, musical works, sound recordings, literary works, photographs, audiovisual works, artwork, comments, and messages (collectively, "Add Release").
You are solely responsible for all Content you submit to the Service. You agree, represent, and warrant that any Content you upload or transmit to the Service 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 to the Service and grant the rights to the Content as set forth in these Terms. You must not upload or transmit any Content to the Service through 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 authorized 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, and may be used by Music worx for any purpose or disclosed by Music worx to any third party with or without notice to you and without any liability of Music worx.
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 audiovisual works
11. Licence Grants
Music worx share the member rates of Music Consumers/Non Professionals with the Labels on a 60/40 basis (60% Label and 40% Music worx). Music worx must settle the Label's claims every 31st December respectively. The statement of account should be drawn up within 30 days of each qualifying date, and the sum owed to the Label becomes due for payment in form as credits on his account within a further 10 days after the statement has been presented. The statement from Music worx should list the number of sound recordings which have been downloaded from the Music Consumers. If the respective Label does not oppose the statement within 10 (ten) days of its communication, the statement is deemed to be correct and accepted by the Label. This point is not activated in this version BEATA-2, since the memberships for music consumer are not payable.
For DJ's and Music Consumers we offer different rates which you find on the About us section. Music worx is free to change these rates at any time. In the Promotion section we charge an extra fee to send out newsletters to Label contacts. All prices are exclusive of the legal VAT Tax (presently 8%) and other taxes imposed by the competent authority.
Your membership contract (DJ and Music Consumer) will not be automaticly extended for the same period. A reminder email is send from Music worx, one week before the expiry of the period. All memberships has to be agreed and extended manually in the Account section.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the place of business of Music worx which is presentlyand until further notice Bad Zurzach, Switzerland. Music worx may additionally, at its sole discretion, seek action or any other legal remedy before the courts of the country of the contracting partner (DJ, Music Consumer, Label etc.. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
16. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Music worx. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
17. Changes to the Terms
Music worx reserves the right to modify these Terms from time to time at Deejayworks sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Music worx after any changes of Terms have been published or otherwise communicated will constitute your agreement to be bound by them.