3. Intellectual Property Ownership; LicenceThe past, present and future content of the Properties, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the "look and feel" of the Website (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Uganda Music Online, its parent, subsidiaries, affiliates, or its licensors.
- download and listen to music from the Website and participate in the Uganda Music Online community areas;
- communicate with other members of the Uganda Music Online community;
Provided that you:
- retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
- do not insert any code, product or material to manipulate the Content in any way that affects any user's experience;
- do not copy or seek to copy or “rip” any audio content from the Website or any part of the Service;
4. Links to Other Websites
5. Our Linking Policy
Uganda Music Online reserves the right to remove links at any time and for any reason in its absolute discretion.
You will not use the Properties to:
6. Acceptable Use
- Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
- any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Uganda Music Online, its parent, subsidiaries or affiliates), anything that adversely affects Uganda Music Online such as discouraging any person or entity from advertising with, linking to or supplying Uganda Music Online, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Uganda Music Online's sole discretion;
- information, software, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
- material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Properties, interferes with, overburdens, impairs or disrupts the Properties or servers or networks connected to the Properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
- information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the Website; or
- any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.
- Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the Website;
- Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
- Use or attempt to use another's information, account, password, service or system except as expressly permitted;
- Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website; and
- Undertake any commercial purpose or activity without the prior written consent of Uganda Music Online, including, for example and without limitation, inserting your own or a third party’s advertising, branding or promotional content into any of the Website’s or Properties’ content, materials or services.
You represent, warrant and agree that you will comply with the above acceptable use requirements. Uganda Music Online reserves the right, in its sole discretion, to terminate any user’s account or take such other action as Uganda Music Online sees fit in relation to any user who breaches Uganda Music Online’s acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, Uganda Music Online reserves the right to take court action and/or report users to the relevant authorities. Uganda Music Online believes in building a caring community based around sharing music and will not tolerate antisocial or unlawful behaviour on the Website or in connection with any of the other Properties.
7. User Accounts, Additional Terms, End User License Agreements & Subscriptions
If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.
Any software that we make available for download or use from the Website and/or our servers (the "Software") is the intellectual property of Uganda Music Online or its licensors or suppliers. Any such “Software” shall be considered a “Service” or one of the “Properties” as such terms are defined and used herein. Your use of the Software may be governed by the terms of an end user licence agreement that may accompany or that may be included with the Software (the "Licence Agreement"). Please carefully read any Licence Agreement and Paragraph 7 above to determine the full extent of the terms and conditions governing the use of such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, REDISTRIBUTION OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY PERMITTED BY THE LICENCE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
At Uganda Music Online, we aim to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Uganda Music Online Website in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice (“Notice”) which should include the following written information:
9. Copyrights and Copyright Agents
- a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
- 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 Uganda Music Online to locate the material (including, for example, a URL and/or screen shot);
- your full name, email address, postal address and telephone number on which you can be contacted;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
Uganda Music Online can be reached for notice of claims of copyright infringement on or regarding the Website as follows;
For: Copyright Agent, Legal Department
Orion Corporation Uganda
P. O. Box 8378, Kampala,
+256-794-674662 / +256-794-ORIONC
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to Uganda Music Online.
The Properties contain Content and information that is provided for your convenience and enjoyment. Third parties provide some of the Content and information. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Website or in the documents and policies of third parties. Uganda Music Online makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
10. Third Party Content and Information
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos or other content, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. Uganda Music Online will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication.
From time to time, the Properties may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, text and other materials to, through or on the Website ("Your Upload Information"). Uganda Music Online, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Uganda Music Online reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Uganda Music Online reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Upload Information.
11. Information You Submit
All of Your Upload Information is your sole responsibility. This means that you, and not Uganda Music Online, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. Uganda Music Online actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. If you post personal information in User Forums or on other publicly available areas of the Website, then you may receive unsolicited messages from third parties. Uganda Music Online cannot ensure the security of any information you post in User Forums or on publicly available areas of the Website. Under no circumstances will Uganda Music Online be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.
You acknowledge that the Web Site, through Uganda Music Online, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since Uganda Music Online, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in Your Upload Information.
THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UGANDA MUSIC ONLINE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PROPERTIES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PROPERTIES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PROPERTIES; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PROPERTIES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PROPERTIES; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROPERTIES OR ANY LINKED SITE. UGANDA MUSIC ONLINE DOES NOT WARRANT THAT THE PROPERTIES, ANY OF THE PROPERTIES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Disclaimer of Warranties
UGANDA MUSIC ONLINE DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, UGANDA MUSIC ONLINE SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PROPERTIES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, UGANDA MUSIC ONLINE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
UGANDA MUSIC ONLINE, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE WEBSITE OR OTHER PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK.
13. Disclaimers/Limitation of Liability
THE UGANDA MUSIC ONLINE ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS THE PROPERTIES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PROPERTIES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PROPERTIES OR THE CONTENT.
YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF UGANDA MUSIC ONLINE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY UGANDA MUSIC ONLINE AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY UGANDA MUSIC ONLINE WEB SITE, SERVICES, PROPERTIES, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
15. Governing Law
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your transmission or use of any website or data.
- As with all websites, Uganda Music Online, its services and software will change over time, both in terms of the content displayed and the functionality offered. We reserve the right to make those changes, and to change these terms in line with them. Software made available for download by Uganda Music Online remains the property of Uganda Music Online, and we reserve the right to update and change that too.
- Please don’t reproduce any part of the website or content without our permission.
- A lot of information and content on Uganda Music Online is provided by third parties – both users and other third parties – and the accuracy and reliability of that information is entirely the responsibility of those parties. Likewise, you may sometimes find links on Uganda Music Online to other websites; Uganda Music Online cannot be held responsible for the content of those sites. Links, like everything else added by members of the Uganda Music Online community, are entirely the responsibility of the individuals who have added them.
- We have a detailed Acceptable Use policy, but they boil down into a few fairly simple concepts: play nicely, respect other members of the community and use common sense. If we believe someone isn’t playing fairly and within the spirit of the guidelines then we’re entitled to ban that user at our sole discretion. We don’t like doing it, but sometimes it’s the most appropriate response.
- When you use Uganda Music Online and any of its services, you accept it “as is”. Like human beings, we have the odd fault or two and we’re constantly updating and improving every aspect of Uganda Music Online, ironing out new-found bugs and making subtle changes to things like our recommendation algorithms. As a result, Uganda Music Online should never be considered a “finished product”, and by using Uganda Music Online you accept it – warts and all.