- Copyright Infringement NotificationsIf you believe your copyright-protected work was posted on BandOnTheWeb without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify NetSono of alleged copyright infringement is via our email: admin@netsono.com If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
TERMS FOR ALL USES OF THE WEBSITE
AND ITS CONTENT
Please read the following terms and privacy policy carefully before using this website.
NetSono Oy ("Netsono") maintains this website (including but not limited to the websites and mobile sites at the following uniform resource locators bandontheweb.com together with all related discussion forums, directories and databases) ("Site") and provides services on the Site (“Services”) for the use of its customers and account owners but only for the lawful purposes described below and as described in more detail on the Site. Site and the Service enables account owners to upload, download and stream tracks, compositions, communication and other data and material on the Site and Service (“Content”).
Acceptance of Terms
By accessing, browsing and/or using this Site and/or the Services and/or the Content you agree to be bound by these terms and attached privacy policy ("Terms") and to comply with all applicable laws and regulations. Individual Content on this Site may be subject to additional terms indicated in the license terms related to such Content.
If any provision of these Terms is held invalid by any law, rule, order or regulation of any government or by final determination of any court, such invalidity shall not affect the enforceability of any other provision of these Terms. No failure to exercise nor any delay in exercising by either party of any right, power, privilege or remedy under these Terms shall impair or operate as a waiver of such right, power, privilege or remedy.
You represent that you are you have the legal authority to accept these Terms on behalf of yourself or any party you represent. If you do not agree to these Terms, please do not use this Site or Content. You acknowledge that Netsono may in its sole discretion refuse or terminate access to this Site by you at any time. Netsono may assign or transfer its rights and obligations under these Terms to its affiliates or third parties.
Netsono may revise these Terms from time to time by updating this posting. By using this Site, you agree to be bound by any such revisions and the latest version of the Terms and you agree to periodically visit this page to determine the then current Terms to which you are bound.
Accounts
In order to access some features of the Service, you will have to create an account to the Service. You may never use another's account without permission. When creating your account, you shall provide true, accurate and complete information. You are solely responsible for the activity and Content on your account, and you must keep your account password secure. You must notify Netsono immediately of any breach of security or unauthorized use of your account.
You may choose to create an artist account, which allows you to upload and download your tracks and/or compositions (“Track”) to the Service and offer them to other account owners for listening and use as defined in the Service (“Artist Account”). You represent and warrant that it is your performance on the Track and that you own or have the right to use the Track and related intellectual property rights. As an Artist Account owner you may freely choose on the Site (i) the rights you are willing to grant to your Track and (ii) to whom you want to give the rights (“License”). You may terminate the License at any given time by informing the license holders thereof in writing.
You may choose to create a band account, which allows you to listen, collect and combine Tracks of different Artists Account owners (“Band Account”). However, any use of the Tracks shall require a License from the respective Artist Account owner. You are not entitled to use any Tracks, which you have not been given a License to, or if such License has been expired or terminated by the Artist Account owner.
You may choose to create a producer account, which allows you to listen and comment Tracks, which you have been given a License (“Producer Account”).
Producer service that enables Artist Account or Band Account user to share Tracks with and get feedback from the validated producers through the Service or otherwise is available for a fee, as described in more detail on the Site. All payments are made through Stripe (https://stripe.com) or other payment method described on the Site.
Intellectual Property Rights
Unless otherwise expressly stated in these Terms, the Site and the Service are and shall remain property of Netsono and protected by applicable copyright laws and other intellectual property rights, international treaty provisions and all applicable national laws.
All product names of the Service are registered trademarks or trademarks of Netsono. Other trade names or trademarks shown on the Site may be trade names or trademarks of third parties. You are not granted, by implication or otherwise, any license or right to use any marks appearing on this Site.
By uploading and saving the Track to this Site the account owner who uploaded or saved the Track (i) guarantees that is has the right to upload, save and make public the Track without separate compensation and (ii) does not transfer title, copyright or other intellectual property rights of such Track or composition to Netsono, other account owners or third parties. Use of any Track uploaded or saved on the Site by an account owner, shall be subject to the License from the account owner who uploaded the Track.
Notwithstanding anything said in these Terms and unless otherwise agreed in writing, Netsono shall always have an irrevocable, world-wide, royalty-free right to use, copy, convert and save all Content on the Site in order to provide and develop the Services on the Site or as it otherwise deems appropriate. In addition, Netsono may at its sole discretion remove Content from the Service.
You may not copy, reproduce (whether by linking, framing or any other method), transfer, distribute, sell or storage part or all of the Content in any form without the prior written consent of Netsono except in accordance with these Terms and License. You may not change or delete any proprietary notices from materials downloaded from this Site.
Third Party Links
In an attempt to provide increased value to our visitors, Netsono may choose various third-party web sites to link to or from this Site for example to enable users to share Content. By linking to such third-party site, you shall review and agree to that site’s terms of use before using such site. You also agree that even if the third party is affiliated with Netsono, Netsono has no control over these linked sites and cannot assume any responsibility for material created or published by such third-party sites. Any links to other sites are provided as merely a convenience to the users of this Site.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Netsono, its group companies, officers, directors, employees and agents, other account owners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim related to your Content. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer
Netsono is providing this Site and the Service on an "as is" and "as available" basis and makes no representations or warranties of any kind, whether express or implied, with respect to the availability, accuracy, reliability or content of the Site or any other websites linked to or from this Site. To the fullest extent permissible pursuant to applicable law, Netsono disclaims all such representations and warranties, express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability and fitness for a particular purpose. In addition, Netsono does not represent or warrant that this Site or Service will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Applicable law may not allow the exclusion of certain warranties, so the above exclusion may not apply to you.
This Site and Service is controlled and operated by Netsono from its offices within Finland. Netsono has no responsibility of the Content and makes no representation that the Content is appropriate or available for use in other locations, and may prohibit the access to it from territories where the Content is illegal. Those who access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, Netsono shall not be liable to you for any direct, indirect, incidental, special or consequential damages, lost profits or interruption for business arising out of your access, use or inability to use this Site, Service or the Content, or any errors or omissions in them, even if Netsono has been advised of the possibility of such damages.
Applicable Law and Disputes
Your use of this Site is governed by the substantive laws of Finland (with exception of its choice of law provisions) and any dispute, controversy or claim arising out of or relating to this Site, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Finland Chamber of Commerce. However, a consumer as defined in the Finnish Consumer Protection Act may bring the action also in the general court of first instance in whose jurisdiction he/she resides.
Copyright © NetSono Oy 2014. ALL RIGHTS RESERVED.
PRIVACY POLICY
NetSono Oy ("Netsono" or “we”) is committed to protecting the privacy of visitors to the Netsono website (including but not limited to the websites and mobile sites at the following uniform resource locators http://bandontheweb.com together with all related discussion forums, directories and databases) ("Site").
We have put in place policies and procedures to protect personal information we collect about you in order to comply with Data Protection legislation. This privacy policy explains why we collect information about you and what we do with it. If you do not agree with this privacy policy, please do not use this Site. By accessing and using this Site, you agree to the terms of this privacy policy.
Non-personal Information
Netsono may collect non-personally identifiable information about you in a number of ways including tracking your activities through your IP address or most-recently visited URL. This information is aggregated to measure number of visits, average time spent on this Site, pages viewed, etc. We use this information to measure the use of this Site and to improve the content of the Site.
Personal Information
We collect and process certain personal information about you and / or technical data and information related to your personal devices, accessories and related software and their use in order to:
- register you for certain services available from Site;
- administer your participation in Netsono and its services;
- enable you to make transactions on Site;
- conduct research and development;
- offer software updates, product support and possible other services related to Netsono products;
- provide you with news alerts or information about Netsono or to enable you to take part in surveys and polls if you wish to;
- market and promote our services or the services of selected third parties to you;
- enhance or improve your experience of our Site by collecting details of your visit to our websites using cookies and standard weblogs;
- administer our Site.
If you object to such use for any reason, you may stop that use at any time by written request. The request should be sent to us at info@netsono.com.
Disclosure to Third Parties
We may provide sales, traffic and demographic statistics and other non-personal information to third parties but these statistics will not contain any information, which could be used to identify any individual person.
If you have given your consent, we may share your information with other selected third parties so they may contact you to let you know about products or services, which may be of interest to you. We will also display certain details about you as a participant of Band on the Web service.
We reserve the right to access and disclose to third parties your personal information where necessary to comply with applicable laws and lawful authority requests, to safeguard the proper operation of our systems and to protect ourselves or in order to apply our terms of use.
Security
Netsono has taken all appropriate measures to prevent unauthorized access to, improper use and the inaccuracy of your personal information.
Storage and Accuracy of Collected Information
We only collect information, which is necessary for the operation of our Site and for the provision of certain services available from our Site. We will not keep your personal information for longer than necessary to provide the services available from our Site or as required by law.
Netsono will on its own initiative, correct or erase any personal data which is incomplete, inaccurate or outdated for the purposes for which it is used. Please notify us, if you believe your personal information held by us is incorrect or you wish to remove your personal information from our records.
You always have the right to access and correct the personal information you have provided, and you are encouraged to ensure that your contact information and any other information you have provided is accurate, complete and up-to-date by visiting Netsono account page.
You may request a copy of all your personal information held by us by contacting Netsono Oy, at Torikatu 23, 90100 Oulu, Finland. Netsono will charge a € 20 administration fee for providing the copies.
Cookies
The use of cookies is common and many websites use them. When you access this Site, our server may attach a small text file to your hard disk - a cookie. By showing how and when our quests use this Site, this information helps us to improve this Site. It is important to note that cookies are safe. They cannot be executed as code or be used to deliver a virus, and personal information is not gathered from them, or stored on them. If you do not wish to receive cookies, or want to be notified of when they are placed, you can set your webbrowser to do so, if your browser so permits. If you choose to disable cookies, your access to the Site may be limited.
Consent / Opt-ins
If you submit personal information through the Site and tick the opt-in boxes set out on the relevant page, then you give consent to the use of the personal information by Netsono and/or other companies selected by us for the purposes described.
Where you choose to opt-in on the Site, this will only apply to information stored about you on our Site's databases. If you have provided information to Netsono through another channel, the use of that information will not be affected by the opt-ins you select on this Site.
Transfer of personal information outside the European Economic Area ("EEA")
We will not transfer your personal information outside the EEA with the exception of transfer of information to Netsono personnel or Netsono legal entities outside the EEA, and/or (where you have given us your consent to do so) selected third parties, in relation to the provision of the services available from the Site.
Minors
Unless permitted by applicable law, Netsono requests that “Minors” (as determined by applicable laws of your domicile) do not engage in any legal acts (purchases or any other acts) without the consent of a parent or legal guardian.
Third Party Websites
This privacy policy only applies to our Site. Our Site may contain links to third party websites. Please note that we are not responsible for the privacy practices of other websites. We recommend that you check the privacy policy of any other websites you may visit through our Site.
Changes to our Privacy Policy
We may amend this privacy policy from time to time. If we make any changes we will post them on the Site, so that you will always be aware of the way we use your personal information.