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Terms and Conditions

MUSIC WRAPPED TERMS AND CONDITIONS

Updated February 2022

  1. INTRODUCTION

 

1.1   WELCOME TO THIS WEBSITE OPERATED BY MUSIC WRAPPED (THE “WEBSITE”). PLEASE READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WESBITE. THESE TERMS AND CONDITIONS, ALONG WITH THE INFORMATION AND POLICIES CONTAINED IN THE PRIVACY POLICY, FAQ, AND OTHER DOCUMENTS REFERRED TO HEREIN (COLLECTIVELY, THESE “TERMS”) SET OUT THE LEGAL TERMS AND CONDITIONS APPLICABLE TO YOUR (“YOU” OR “YOUR") USE OF THE WEBSITE HTTPS://MUSICWRAPPED.COM, ANY OF ITS SUBDOMAINS, ANY OTHER WEBSITES OPERATED BY US OR ON OUR BEHALF AND ANY OTHER SERVICES WE OFFER.

1.2  THIS WEBSITE IS OPERATED BY MUSIC WRAPPED (“MUSIC WRAPPED,” “US,” “OUR,” OR “WE”). BY USING IT YOU ACCEPT THESE TERMS IN FULL; ACCORDINGLY, IF YOU DISAGREE WITH THESE TERMS YOU MUST NOT USE THE WEBSITE.

1.3   IF YOU REGISTER WITH OUR WEBSITE, USE ANY OF OUR WEBSITE SERVICES, OR SUBMIT ANY MATERIAL TO OUR WEBSITE OR ASSOCIATED SOCIAL MEDIA PAGES, WE WILL ASK YOU TO EXPRESSLY AGREE TO THESE TERMS.

1.4  You acknowledge that Your use of the Website and / or Social Media Pages associated with Music Wrapped, is at Our discretion, and Your license to use the Website may be terminated by Us at any time. We reserve the right, at Our sole discretion, to refuse service, to terminate any user’s account, and to alter or delete any material submitted to the Website through a user’s account.

 

 

  1. DESCRIPTION OF WEBSITE AND PRODUCTS

2.1   This Website allows You to commission a bespoke song (“Bespoke Song”, "The Water Works", "The (Water) Works", The Single Tier) or set of lyrics (“Bespoke Lyrics”, "Tailored Lyrics", "The Message") from a Music Wrapped rostered Song Creator (“Music Wrapped Artist", "Music Wrapped Song Creator", "Music Wrapped Musician”) for Your personal use.

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2.2   Each Song or set of Lyrics can be tailored to Your story or message that You would like included. Due to the bespoke nature of each commissioned Song or set of Lyrics it is difficult to exactly specify the length of time it will take Us to deliver Your order. We will provide you with an expected delivery date, and will work hard to deliver the song to You on this date. However You acknowledge that if We fail to deliver against this date we will not offer a refund, as the nature of the work is such that it takes time to complete. You also acknowledge that expected delivery dates are subject to change if Your submission of song details is not within the specified 24 hours following the time when the email containing the delivery date was sent. To protect Our time and business We cannot start work until You have confirmed Song Details and paid. You acknowledge that We are not guaranteeing to deliver Your commissioned order within these time frames. Although We always aim for commissioned Songs and Lyrics to be delivered within expected estimated delivery windows, We occasionally experience delays due to software malfunction or other circumstances outside of Our control that could add time to delivery.

2.4   We take all reasonable care to ensure that the Website including all details, descriptions and prices appearing on it were correct when published. However, it is possible that details, descriptions, and prices appearing on this Website at a particular time may not always reflect the position exactly when You place an order. We cannot categorically confirm the price of an order until Your order is accepted.

 

  1. USE OF THE WEBSITE

3.1   This Website and associated Social Media Pages may not be used by children under the age of 13.

3.2   Minors between at least 13 years and up to but not including 18 years of age, are only permitted to use Our Services via an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.

3.3   We grant You a limited, nonexclusive, and revocable license to access and use the Website by displaying it on Your internet browser (or downloading it to Your cache in a web browser); for the purpose of shopping for what is sold through the Website, and streaming audio and video files from the Website, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Us in advance. You must ensure that all the information You supply to Us through Our Website, or in relation to Our Website, is true, accurate, current, complete, and non-misleading. You agree to use this Website lawfully and in accordance with these Terms. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to You.

 

3.4   Without limiting the foregoing, You specifically agree that You will not:

(a)   submit information that is false, abusive, harassing, threatening, advertising, infringing, soliciting, advocating an illegal activity, or in violation of any law

(b)   access, download or copy any other user’s account information

(c)   violate or try to violate the Website’s security

(d)   bypass any measures preventing or restricting access to any part of the Website

(e)   interrupt or try to interrupt the correct workings of the Website

(f)   engage in unauthorised use of any content and / or materials on the Website as this content is owned by Us, unless otherwise agreed in writing.

(g)   use Website, content commercially unless otherwise agreed in writing.

(h)   reproduce, display, sell, distribute, lease, transmit, create derivative works from, translate, reverse-engineer, modify, disassemble, decompile or otherwise exploit this Website, any part of it, or any content contained on, data stored, or code sitting behind it that is not intended to be read / accessed, unless expressly permitted by Us in writing or as stipulated by these Terms.

(h)   use any type of automated data gathering and extraction tools to access the Website

(i)   use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

(j)   conduct any systematic or automated data collection activities [including without limitation scraping, data mining, data extraction and data harvesting] on or in relation to Our Website without Our express written consent;

(k)   Except as expressly permitted by these Terms, You must not download any material from Our Website, save any such material to Your computer, or print any material from the Website.

(l)   Notwithstanding Section 3.4.7, You may redistribute any email marketing newsletter We send out [in print or electronic form].

(m)   use data collected from Our Website to contact individuals, companies or other persons or entities.

 

  1. PERMITTED RISK WHILE USING THE WEBSITE

    1. By using the Website, You acknowledge that Your use of the Website is solely at Your own risk. Music Wrapped does not warrant or guarantee that any component of the Website is free of viruses, worms or other harmful components.

    2. Music Wrapped does not guarantee the continuous, un-interrupted and error-free operation of this Website.

 

5.   ORDERING PRODUCTS

5.1  We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure. In the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website. 

 

  1.  The technical steps required to create a contract between You and Us are as follows:

 

  1. You place the order for Your products on the Website by pressing the confirm order button at the end of the checkout process, or if booking ahead, by making payment against an invoice We send You.

  2. We may send You an order acknowledgement email as soon as You place Your order.

  3. Once payment is made, We will begin working on Your order.

  4. Completion of the contract between You and Us will take place once the later of the following takes place, as applicable to Your order:

 

  1.   You have downloaded a digital copy of the Song in the agreed-upon format; or

  2.   We have sent You a digital copy of the Song by email in the agreed-upon format; or

  3.   If requested, We have published a copy of the Song to online platforms or

  4.   If requested, You have downloaded a digital PDF of the Song lyrics

  5.   If requested, We have sent You a digital copy of the Lyrics PDF

 

  1. We will contact You if We do not accept Your order for any reason, or if You have cancelled it in accordance with Our Cancellation and Returns Policy.

  2. Your credit/debit card will be charged when Your order is placed.

  3. Upon delivery of the Song, We grant You a perpetual, worldwide, royalty free, nonexclusive license to the Song for Your personal use only. You shall have no right to copy, sell, lease, publicly perform, license, distribute, or otherwise grant rights in and to the Song to others. Additional license rights, including commercial use rights, may be granted by Us to You upon request. No ownership rights in or to the Song will be transferred, assigned, or sold to You unless otherwise agreed upon in writing. 

 

  1. We may not accept Your order in the following circumstances:

(a)   We are already working on too many other orders / projects and / or Your fixed delivery timings do not allow Us to deliver Your order to You in time.

(b)   We are unable to obtain authorisation for Your payment.

(c)   In the case of a pricing or product description error that affects either You or Us.

(d)   If You do not meet the order criteria set out in the main Terms and Conditions.

(e) In the case that we are unhappy with the content submitted as part of an order in any way.

(e)   If You are under 13 years old, or 13 years to 17 years old inclusive and not supervised by a parent or legal guardian. By clicking the order confirm button, You further acknowledge and consent to Us taking steps to verify Your age by reference to publicly-available third-party sources. We reserve the right not to supply any age-restricted product where We reasonably believe that You are below the relevant minimum age.

(f)   We reserve the right to limit the number of a given item that can be bought by an individual customer should We deem it appropriate. We also reserve the right to suspend Your account and any associated accounts and contact You if We notice an unusual pattern of returns activity or there is other suspicious activity associated with Your account or any associated accounts.

(g)   We and any affiliated Music Wrapped Song Creator, reserve the right to decline any order or to not honour specific content or order requests that would violate these Terms. 

 

5.4 Should We have taken payment prior to non-acceptance of Your order then We will refund You, but please note that it can take up to 5 days for the bank to transfer the funds to You.

 

 

6. EXERCISING Your RIGHT TO CANCEL Your ORDER (CONSUMER CONTRACTS REGULATIONS 2013)

6.1   You may cancel Your order within 24 hours of placing it, minus a 35% service and processing fee to cover lost time from writing already being started and administration. You can cancel by contacting Us directly over email or via Our Website messaging portal.

6.2   Each Song or set of Lyrics We create is personalised, taking significant time to set up and create. So unfortunately, We cannot offer refunds after 24 hours.

6.3   We recognise that music is experienced / enjoyed subjectively differently by different people. Therefore, whilst We do Our best to create something that You will love, it is possible that You might not like all or some of the song. Therefore, We assess any requests for changes on a case by case basis. We guarantee:

 

(a)   Songs meet the ordered length

(b)   Vocals are on key

(c)   Instrument and vocal recordings are good quality

(d)   Lyrics contain at least the 5 bolded parts of Your story / message taken from the details You shared with Us when making Your order.

 

If You let Us know within 14 days of the song's delivery that the above is not satisfied, We will fix the issue at no charge. If the change request is based on subjective musical preference, then We will charge a fee in line with the time required for the artist to make the change.

6.4   To exercise the right to cancel, You must email Us and include Your Song code and reason for cancelling

 

7. COPYRIGHT NOTICE

7.1  Copyright (c) 2021, Music Wrapped

7.2  Subject to the express provisions of these Terms:

(a)   We, own and control all the copyright and other intellectual property rights in Our Website and the material on Our website; and

(b)   all the copyright and other intellectual property rights in Our Website and the material on Our Website are reserved.

 

8. REGISTRATION AND ACCOUNTS

8.1   Please note that We do not perform verification checks when You create a Music Wrapped Account, and so it is important that You provide Your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that We can perform identity verification if You ever contact Us about Your order. A valid email address is also required to receive any communications from us. We will not be responsible for being unable to verify Your identity or unable to assist with Your queries if You have used a fake or incorrect name or email address. 

8.2     You may register for an account with Our Website by completing and submitting the account registration form on the Website.

8.3     You must not allow any other person to use Your account to access the Website.

8.4     You must notify Us in writing immediately if You become aware of any unauthorised use of Your account.

8.5     You must not use any other person's account to access the Website, unless You have that person's expressed permission to do so.

8.6     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; You must not use Your account or user ID for or in connection with the impersonation of any person.

8.7     You must keep Your password confidential and should notify Us via email immediately if You become aware of any disclosure of Your password.

8.8     You are responsible for any activity on the Website arising out of any failure to keep Your password confidential and may be held liable for any losses arising out of such a failure.

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  1. SUBMITTED INFORMATION FOR EMAIL MARKETING

    1. We reserve the right to send You informational email messages about the Website or Your use of the Website as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). 

    2. You agree that all communications sent to You electronically via the e-mail address You provide to Us will satisfy any legal requirement that such communications be in writing.

 

10. CANCELLATION AND SUSPENSION OF ACCOUNT

10.1   We may:

(a)   suspend Your account;

(b)   cancel Your account; and/or

(c)  edit Your account details, at any time in Our sole discretion without notice or explanation.

 

10.2   You may cancel Your account on Our Website.

 

11. Your CONTENT: LICENCE

11.1   In these Terms, "your content" means all works and materials [including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files] that You submit to Us or Our Website for storage or publication on, processing by, or transmission via, Our Website.

11.2   You grant to Us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right and license to use, store, reproduce, adapt, modify, publish, edit, translate, perform, transmit, exploit, sublicense or otherwise distribute and display the Content submitted in connection with the Website, any Song created by or for You through the Website, and the Website’s advertising, without restriction and without compensation of any kind to You, and You waive all moral rights in all such Content.

11.3   You grant to Us the right to sub-license the rights licensed under Section 11.2.

11.4   You acknowledge, consent and agree that Music Wrapped may submit any Content You submit to third parties if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: 

 

(a)   comply with legal process;

(b)   enforce this Agreement;

(c)   respond to claims that any Content violates the rights of third-parties;

(d)   respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of  Music Wrapped, its affiliates, its personnel, other users and the public.

 

11.5   You grant to Us the right to bring an action for infringement of the rights licensed under Section 11.2.

11.6   You hereby waive all Your moral rights in Your content to the maximum extent permitted by applicable law; and You warrant and represent that all other moral rights in Your content have been waived to the maximum extent permitted by applicable law.

11.7   You may edit Your content to the extent permitted using the editing functionality made available on Our Website.

11.8   Without prejudice to Our other rights under these Terms, if You breach any provision of these Terms in any way, or if We reasonably suspect that You have breached these Terms in any way, We may delete, unpublish or edit any or all of Your content.

 

​12. Your CONTENT: RULES

12.1   You warrant and represent that Your content will comply with these Terms.

12.2   Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

12.3   Your content, and the use of Your content by Us in accordance with these Terms, must not:

(a)   be libellous or maliciously false;

(b)   be obscene or indecent;

(c)   infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(d)   infringe any right of confidence, right of privacy or right under data protection legislation;

(e)   constitute negligent advice or contain any negligent statement;

(f)   constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)   be in contempt of any court, or in breach of any court order;

(h)   be in breach of racial or religious hatred or discrimination legislation;

(i)   be blasphemous;

(j)   be in breach of official secrets legislation;

(k)   be in breach of any contractual obligation owed to any person;

(l)   depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)   be untrue, false, inaccurate or misleading;

(o)   consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)   constitute spam;

(q)   be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)   cause annoyance, inconvenience or needless anxiety to any person.

​12.4   You, and not Music Wrapped, are entirely responsible for all Content that originates from You.

 

13. LIMITED WARRANTIES

13.1   We do not warrant or represent:

(a)   the completeness, accuracy, integrity or quality of the information published on Our Website or associated Social Media Pages;

(b)   that the material on the Website or associated Social Media Pages is up to date; or

(c)   that the Website or Social Media Pages or any service on the Website or Social Media Pages will remain available.

13.2   You understand that by using the Website or associated Social Media Pages, You may be exposed to Content that is inaccurate, offensive, indecent or objectionable. Under no circumstances will Music Wrapped be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website and/or associated Social Media Pages.

13.3   The opinions expressed in Content and on this Website or associated Social Media Pages are not necessarily those of Music Wrapped or its content providers, advertisers, sponsors, customers, affiliates or related entities.  Music Wrapped makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Website. Music Wrapped does not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted, submitted, or otherwise made available through the Website by others will be at Your own risk.

13.4   You acknowledge that Music Wrapped is not obligated to pre-screen, regularly review, monitor, delete or edit the Content of the Website.  However, Music Wrapped reserves the right to do so at any time at its sole discretion, either itself or through its designees, for any reason or no reason, and to edit or delete any posting or submission with or without notice. Without limiting the foregoing, You agree that Music Wrapped and its designees have the right to edit, remove, or delete any Content that violates these Terms or that Music Wrapped otherwise finds objectionable.  Music Wrapped is not responsible or liable for damages of any kind arising from any Content, or from Music Wrapped’s alteration or deletion of any Content, even when Music Wrapped is advised of the possibility of such damages.

13.5   We reserve the right to discontinue or alter any or all of Our Website services,

and to stop publishing Our Website, at any time in Our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if We stop publishing the Website.

13.6   To the maximum extent permitted by applicable law and subject to Section 12.1, We exclude all representations and warranties relating to the subject matter of these Terms, the Website and the use of the Website.

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14. LIMITATIONS AND EXCLUSIONS OF LIABILTY

14.1   Nothing in these Terms will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)   limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law.

 

14.2   The limitations and exclusions of liability set out in this Section 13 and elsewhere in these Terms and Conditions:

(a)   are subject to Section 13.1; and

(b)   govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort [including negligence] and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.

 

14.3   To the extent that Our Website and the information and services on Our Website are provided free of charge, We will not be liable for any loss or damage of any nature.

14.4   We will not be liable to You in respect of any losses arising out of any event or events beyond Our reasonable control.

14.5   We will not be liable to You in respect of any business losses, including [without limitation] loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6   We will not be liable to You in respect of any loss or corruption of any data, database or software.

14.7   We will not be liable to You in respect of any special, indirect, or consequential loss or damage.

14.8   You agree that You will not bring any claim personally against Us or Our Song Creators in respect of any losses You suffer in connection with the Website or these Terms.

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15. BREACHES OF THESE TERMS AND CONDITIONS

15.1   Without prejudice to Our other rights under these Terms, if You breach these Terms in any way, or if We reasonably suspect that You have breached these Terms in any way, We may:

(a)   send You one or more formal warnings;

(b)   temporarily suspend Your access to Our Website;

(c)   permanently prohibit You from accessing Our Website;

(d)   contact any or all of Your internet service providers and request that they block Your access to Our Website;

(e)   commence legal action against You, whether for breach of contract or otherwise; and/or

(f)   suspend or delete Your account on Our Website.

15.2   Where We suspend or prohibit or block Your access to Our Website or a part of Our Website, You must not take any action to circumvent such suspension or prohibition or blocking [including without limitation creating and/or using a different account].

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FOR MUSIC WRAPPED SONG CREATORS

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Your work for us is subject to these Terms. These provide protection for Music Wrapped and Our Song Creators ("Song Creators", "Artists", "Musicians") on Our Roster.

You may also apply to join Us as a Music Wrapped Song Creator . If successful in Your application, You will be added to the Music Wrapped Song Creator Roster ("Song Creator Roster", "Roster", "Artist Roster"). You will receive compensation for composing Bespoke Songs, or Bespoke Lyrics against Your Template Songs ("Template Songs", "Backing Tracks"). A Template Song is a song You have written Yourself that You can use the backing track from to write new lyrics over the instrumental part for a Music Wrapped Customer ("Customer") or Music Wrapped Customers ("Customers"). By uploading Template Songs to Music Wrapped You confirm You are the sole copyright owner of the Template Song and any stems You use for or add to the final song for Customers.

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16.1   In joining the Music Wrapped Musician Roster, You agree to these Terms and You represent and warrant that You fulfil the requirements listed on Our application page on the Website.

16.2   If selected to join the Music Wrapped Artist Roster, You will be granted access to potential Song orders. Upon accepting a Song order, You agree to compose a bespoke original Song / set of Lyrics in line with the Content of the order and complete it within the estimated time frames specified on the Website. In extenuating circumstances where you will not complete the order within the expected time frame you must notify Music Wrapped of the expected delay and we will relay the message to the customer.

16.3   Upon submission of a Song in accordance with these Terms and the chosen commissioned order parameters, We will remit payment to You in the agreed-upon amount via the agreed-upon platform, less Our standard administration fee of 15% of the total order. No additional compensation, including royalties, shall be due to You.

16.4   Failure to deliver the completed Song within estimated time frames, or to comply with the details and Content in the order will negate any requirement for payment from Us to You and We reserve the right to withdraw an order from any Musician on the Music Wrapped Musician Roster at any time and for any reason or no reason.

16.5   You or We may terminate Your role at any time.

16.6   Upon submission of a Song in response to an order, You hereby grant to Us a perpetual, nonexclusive, royalty-free, worldwide right and license to sublicense the Song to the Customer, to post the Song to Spotify or other online platforms of Our choice, to monetize the Song via the online platforms, to reproduce the Song, and to publicly post and perform the Song to promote You and Music Wrapped. You shall retain all ownership rights and title in and to the Song subject to any Content incorporated into a Song that is licensed from the Customer.

By joining the Music Wrapped Musician Roster, You hereby grant to Us the right to use Your name, likeness, and biographical information and Your actions to promote Music Wrapped for so long as You remain on the Music Wrapped Musician Roster. If You leave the Music Wrapped Musician Roster, all licenses to Songs shall remain in effect and Music Wrapped shall retain the right to display Your name in connection with any Songs You composed.

 

17. INDEMNIFICATION

17.1   You agree to indemnify, defend and hold harmless Music Wrapped and respective agents and affiliates, owners, directors and employees from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to Your use of this Website and the Services provided in connection with the Website, or Your breach of any provision of these Terms or any warranty provided hereunder.

 

18. OWNERSHIP OF COPYRIGHTS AND TRADEMARKS

18.1   All trademarks, logos, and service marks displayed on the Website are owned by Music Wrapped and third parties, and the Site’s trade dress is owned by Music Wrapped. Excluding any user generated, submitted, or posted Content, which is owned by the Site’s respective users, all copyrightable contents of the Website, including code, materials, artwork, and information provided by or through the Website, is owned by Music Wrapped or third parties.

 

If You believe that any portion of the material contained on this Website infringes Your copyright, notify Music Wrapped of Your claim in writing including the following information:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

18.2   Upon receipt of the written Notification containing the information outlined above, Music Wrapped will:

  1. Remove or disable access to the material that is alleged to be infringing;

  2. Forward the written notification to such alleged infringer;

  3. Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

 

18.3   A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:

  1. A physical or electronic signature of the alleged infringer;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Court, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.

 

18.4   Upon receipt of a Counter Notification containing the information outlined above, Music Wrapped will:

  1. promptly provide the complaining party with a copy of the Counter Notification;

  2. inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Music Wrapped has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on Music Wrapped’s network or system.

 

18.5   This process only relates to reporting a claim of copyright infringement.  Messages related to other matters will not receive a response through this process.

 

19. REVISIONS TO TERMS AND CONDITIONS

19.1   We may revise these Terms from time to time.

19.2   The revised Terms shall apply to the use of Our Website from the date of publication of the revised Terms on the Website, and You hereby waive any right You may otherwise have to be notified of, or to consent to, revisions of these Terms.

19.3   If You do not accept any of the revisions made to these Terms, You must stop using the Website.

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20. PRIVACY POLICY

20.1   You acknowledge that You have read and agreed to Our Privacy Policy, which is available here.

 

21. ASSIGNMENT

21.1   You hereby agree that We may assign, transfer, sub-contract or otherwise deal with Our rights and/or obligations under these Terms.

21.2   You may not without Our prior written consent assign, transfer, sub-contract or otherwise deal with any of Your rights and/or obligations under these Terms.

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22. SEVERABILTY 

22.1   If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

22.2   If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

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23. THIRD PARTY RIGHTS

23.1   A contract under these Terms is for Our benefit and Your benefit, and is not intended to benefit or be enforceable by any third party.

23.2   The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party.

23.3   This Website may link You to other sites on the Internet (“Linked Sites”).  The Linked Sites are not under Music Wrapped’s control, and Music Wrapped is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for Your convenience, and do not imply an endorsement of the Linked Sites by Music Wrapped or any association of its operators.

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24. WAIVER AND FORCE MAJEURE

Failure by Us to enforce these Terms does not constitute a waiver of Our rights under these Terms.  In addition, Music Wrapped will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations to You if such failure or delay is caused by an event outside of Our control. An event outside of Our control means any act or event beyond Our reasonable control such as act(s) of God, wars, terrorist attacks, embargoes, thefts, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

 

25. ENTIRE AGREEMENT

25.1   Subject to Section 13.1, these Terms, together with Our Privacy Policy, shall constitute the entire agreement between You and Us in relation to Your use of Our Website and shall supersede all previous agreements between You and Us in relation to Your use of Our Website.

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26. LAW

26.1   These Terms shall be governed by and construed in accordance with English law.

26.2   Any disputes relating to these Terms shall be subject to the jurisdiction of the courts of England.

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27. Our DETAILS

27.1   This Website is owned and operated by Music Wrapped via Wix.

27.2   Our principal place of business is in Haddenham, Cambridgeshire United Kingdom.

27.3   If You have any questions about these Terms or any other questions You can contact us:

(a)   By email on musicwrappedcustomerservices@gmail.com or

(b)   By using Our direct messaging portal on Our website

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