Paypal Details
For Pro or Supreme members: Once you have songs on sale please add the email address for you PayPal account. Important! Your song sale payments will not reach you if this address is not up to date. If you change the email address for you PayPal account please change it here too.
Emeraz Agreement - Terms of use
| Emeraz, Ltd (“Emeraz”, “we”, “us” or “the site”) operates Emeraz.com, which is a music collaboration platform that allows Members to create personal profiles online in order to create musical collaborations with other Emeraz Members. Emeraz gives its Members the option to Time-Stamp these musical compositions in support of proof of copyright and to protect against copyright infringement through Emeraz’s Piracy Protection services. The services offered by Emeraz include any Emeraz-branded URL (the "Emeraz Website"), Emeraz Time-Stamping services, Emeraz Piracy Protection, Emeraz Radio, Emeraz messaging services (including, without limitation, instant messaging, private messaging, and email services), additional Emeraz music and video services, Emeraz mobile services and any other features, content, or applications offered from time to time by Emeraz in connection with Emeraz’s business (collectively, the "Emeraz Services"). The Emeraz Services are hosted in the Republic of Ireland. | |
| These Terms of Use govern the contents and use of the website www.emeraz.com and any correspondence, content or materials submitted by you via the Site), which is owned and operated by Emeraz ("we", "us") (the "Site"). Please read these Terms of Use carefully before using the Site. By visiting or using the Site and/or any content or materials available on the Site you signify that you have read, understand and agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, do not use the Site. | |
| These Terms of Use, may be modified from time to time, and ("The Agreement") constitutes legally binding terms and applies to your use of the Emeraz Services. By accessing and/or using the Emeraz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Emeraz Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Emeraz Services without being registered) or you are a "Member" (which means that you have registered with Emeraz). The term "User" refers to a Visitor or a Member. You are authorized to use the Emeraz Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Emeraz Services, you must indicate your acceptance of this Agreement during the registration process. | |
| Emeraz reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Emeraz grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. | |
| Emeraz does not purport to offer legal advice, regarding any such issues, contact your legal representative. | |
| Introduction | |
| The Site comprises of public sections which are accessible to all users of the Site. If any user completes the registration process in order to be able to upload their recordings to the Site then each such registrant receives a personal log in and password which provides access to their own private account. The Account is not accessible to other users of the site and can only be accessed using the log in and password. | |
| Registering to upload your recordings to the Site | |
| To complete Registration, you must be at least eighteen years old. Users under the age of 18 must get approval from a parent or legal guardian. By completing Registration you are confirming that you are at least eighteen years old or have the approval of a parent or legal guardian. Your Registration with the Site and access to your Personal Account may be terminated without warning if we have any reason to believe that you are under eighteen years of age and not acting with the consent of a parent or legal guardian. By completing Registration you represent and warrant that all registration information you submit is truthful and accurate; and that you will maintain the accuracy of such information by letting us know if your details change. | |
| If you complete Registration and receive a password, you will be required to submit the password each time you log into the Emeraz Services. It is your responsibility to keep your password safe and secret. We will be entitled to assume that any person logging into your Emeraz account by using your password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging onto your Emeraz account using your password (including without limitation, uploading recordings and/or artwork and/or biographies, requesting Time-Stamps, Piracy Protection etc). Therefore, you should notify us immediately by contacting us on privacy@emeraz.com if you suspect that anyone else knows your password and has logged on as you. | |
| Your Use of the Site | |
| Emeraz may at any time and for any reason refuse to accept a registration from any person. Emeraz may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Emeraz violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. | |
| Emeraz assumes no responsibility for monitoring the Emeraz Services for inappropriate Content or conduct. If at any time Emeraz chooses, in its sole discretion, to monitor the Emeraz Services, Emeraz assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. | |
| You may not use any “deep-link”, “robot”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Emeraz reserves the right to bar any such activity. | |
| You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Emeraz server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. | |
| You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. | |
| You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Emeraz’s systems or networks, or any systems or networks connected to the Site or to Emeraz. | |
| You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. | |
| You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Emeraz or others. | |
| Property Rights and Rights of Use | |
| For the purposes of these Terms of Use, "Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs. | |
| All Rights in and to the Site and all content and materials contained in the Site, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (but excluding any Content) (the "Site Content") are owned by and shall remain owned by us or our licensors. Save as expressly permitted herein, any use of the Site Content and any copying, reproduction, modification, distribution, sale or any other use of any Site Content for any purpose shall be an infringement of our Rights. | |
| In the event that you download any Site Content from the Site, you own the medium on which the Site Content is recorded but we do not transfer title to such Site Content to you and we retain full and complete title to the Site Content at all times, and all Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Site Content to eye-readable form. | |
| Proprietary Rights in Content | |
| Emeraz does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Emeraz Services. After posting your Content on, through or in connection with the Emeraz Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Emeraz Services, you hereby grant to Emeraz a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Emeraz Services, including, without limitation, through the Emeraz Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Emeraz account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Emeraz Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by Emeraz outside the Emeraz Services and Linked Services. This limited license does not grant Emeraz the right to sell or otherwise distribute your Content outside of the Emeraz Services or Linked Services. After you remove your Content from the Emeraz Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. You understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Emeraz Services, Emeraz is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely. | |
| The license you grant to Emeraz is non-exclusive (meaning you are free to license your Content to anyone else in addition to Emeraz), fully-paid and royalty-free (meaning that Emeraz is not required to pay you or anyone else deriving rights from you for the use on the Emeraz Services of the Content that you post), sublicensable (so that Emeraz is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Emeraz Services), and worldwide (because the Internet and the Emeraz Services are global in reach). | |
| You represent and warrant that: you own the Content posted by you on, through or in connection with the Emeraz Services, or otherwise have the right to grant the license set forth, and secondly the posting of your Content on, through or in connection with the Emeraz Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Emeraz Services and/or Linked Services. | |
| Claims of Copyright Infringement and other Violations | |
| If you believe Emeraz Services contains elements that infringe your copyrights in your work, please notify Emeraz immediately. Protecting Copyrights and Other Intellectual Property is paramount to Emeraz. Emeraz respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Emeraz’s decision to terminate, in appropriate circumstances, the membership of infringers. | |
| If you believe your work has been copied and posted on or through the Emeraz Services in a way that constitutes copyright infringement, please send Emeraz a notification of claimed infringement. (privacy@emeraz.com) | |
| If you believe that any Content on Emeraz Services (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please contact us. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. | |
| Links to and from other websites | |
| Through your Emeraz account and the Site you will have the ability to copy and use embeddable widgets on the Site, which you can, for example, use to offer streaming and pre-listens of your recordings, Time-Stamp recordings, embed anti-piracy measures etc. These widgets contain links to websites and microsites that are operated by third parties. We make no warranties or representations whatsoever about any such site which you may access through the Emeraz Services or through this Site or any services or products that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators. | |
| If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility. | |
| Third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know. | |
| Member Disputes | |
| You are solely responsible for your interactions with other Emeraz Users, third party developers or any other parties with whom you interact through the Emeraz Services and/or Linked Services. Emeraz reserves the right, but has no obligation, to become involved in any way with these disputes. | |
| Termination of your Registration | |
| You may terminate your registration and User ID, at any time and for any reason, by sending an e-mail with your username, password, and e-mail address and requesting termination of your registration. We will use commercially reasonable efforts to promptly remove your registration from the Emeraz Services and the Site. We may terminate your use of and registration on Emeraz Services and this Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. | |
| Disclaimer | |
| EMERAZ SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, EMERAZ MAKES AND PROVIDES NO GUARANTY OR ASSURANCE EMERAZ SERVICES OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, EMERAZ IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF EMERAZ SERVICES OR ANY SITES LINKED TO EMERAZ SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING EMERAZ SERVICES AND THE FEATURES AND FUNCTIONS OF AND/OR ASSOCIATED WITH EMERAZ SERVICES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER EMERAZ, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF EMERAZ SERVICES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
| Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Emeraz, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of Emeraz Services. You further understand and acknowledge the capacity of Emeraz Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Emeraz assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of Emeraz Services for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you. | |
| Emeraz.com is controlled and offered by Emeraz from its facilities in the Republic of Ireland. Emeraz makes no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. | |
| Limitation of Liability | |
| Except where prohibited by law, in no event will Emeraz be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Emeraz has been advised of the possibility of such damages. | |
| If, notwithstanding the other provisions of these Terms of Use, Emeraz is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Emeraz’s liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the twelve months prior to the date of the initial claim made against Emeraz. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. You agree to indemnify, defend and hold Emeraz, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable legal fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of Emeraz Services and/or Postings, Sketches, Sound files and/or any Content you provide, submit or make available on or through Emeraz Services or your unauthorized use of any Content (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your Postings, Sketches caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Emeraz Services. | |
| In the event of Emeraz winding up, all managed proof of copyright, Time-Stamps, hash files etc. will be returned to you and Emeraz’s obligations to you to store such materials will cease. | |
| Emeraz reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Emeraz in the defense of any such claim, action, settlement or compromise negotiations, as requested by Emeraz. | |
| Law that applies to this agreement; Miscellaneous Terms | |
| This Agreement, including, without limitation, our Privacy Policy, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and Emeraz and supersedes any and all prior, inconsistent or other understandings relating to Emeraz Services and your use of Emeraz Services. This Agreement cannot be modified, changed or terminated, except as specifically described herein. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of Emeraz Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).This Agreement and your use of Emeraz Services shall be governed by, construed and enforced in accordance with the substantive laws of the Republic of Ireland applicable to contracts made, executed and wholly performed in that jurisdiction, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of Courts situated in the Republic of Ireland and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenient or otherwise; provided, however, that notwithstanding the foregoing, you agree that Emeraz has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. | |
| IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF EMERAZ SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND EMERAZ SERVICES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. | |
| A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Copyright © 2010 EMERAZ, Ltd - All Rights Reserved. | |
| I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE | |
| Notice and Procedure for Making Claims of Copyright Infringement Pursuant Irish Copyright Law, all notifications of claimed copyright infringement on Emeraz Services should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your Copyrighted material may have been infringed. | |
| DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. | |
| privacy@emeraz.com | |
| WE CAUTION YOU THAT UNDER IRISH LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND LEGAL FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. | |