These terms and conditions (the "Terms and Conditions") are for One-World Records operated websites and/or future mobile apps (altogether called, the "Site"). The Site is made courtesy of One-World Records and its non-legally bound affiliates (respectfully, "One-World Records and Bandzoogle" or "we" or "us"). We may deem the need to change the Terms and Conditions periodically, at any time without notice to you, by expressing such changes by post on the Site.
One-World Records sites will include the choice to buy physical or digital products. All purchases on One-World Records Sites must abide by One-World Records's third party Webstore's Terms and Conditions.
THE UTILIZATION OF THE SITE, INCLUDING ACCOUNT REGISTRATION, SITE INTERACTINGS, OR SUBMITTING COMMENTS ON THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTION AND NOTICES IN THE TERMS AND CONDITIONS. if you do not agree to these Terms and Conditions, you may not interact or use the Site.
Governing Law Clause: One-World Records is located in Milwaukee, WI, USA, and nominate the State of Wisconsin as the governing State by which One-World Records is registered. One-World Records will conduct business in many States, but its business and Terms are governed by the State One-World Records has nominated.
1. Owner Rights. One-World Records owns, solely and exclusively all rights, title and interest in and to the Site, as it pertains to all content (including, for example, audio, copy, illustrations, photographs, all graphics, lyrics, visuals, video, software, etc.), code, data and materials thereon, its appearance and style, make and structure of the Site, and all content, code, data, and such on the Site, including but not limited to any copyrights, trademark, patent, stored data, uniqueness and other intellectual property and proprietary rights therein. Using the Site does not grant you or entitle you any right to own any content, code, data or materials you may interact with on the Site. You are allowed to see the content on the Site on your computer, table, phone or other internet-ready device and any single copies or prints of the content made on the Site are for your own internet use only. You are not allowed to commercially distribute, publish or exploit the Site, or any of its content, code, data, or such materials on the site, and is strictly prohibited unless you have received the communicated permission beforehand from One-World Records or the applicable rights holder. (The Site offers features that permit you to receive rights to use various content of the Site, such as lyrics, music, photos, etc. In such cases, your rights to use the content are limited to the rights expressly given by One-World Records.) You are not allowed to copy, reproduce, distribute or otherwise exploit any content, code, data or such materials on the Site. If you do utilize the Site, or the content, code, data or such materials in a way that's counter to the allowed usage mentioned and given above, you may violate copyright and other laws of the United States, other counties, as well as any related state laws and may be subject to liability for any ungranted use. One-World Records will enforce all its intellectual property rights using the rule of law, including, if needed, prosecution for criminal acts.
2. User Information. During the usage of the Site, you may be asked to provide certain personalized information to us (referred to as "User Information"). Our information collection and use policies regarding consumer privacy of User Information are found in the sites Privacy Policy, which is located throughout the site for review and acceptance for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
3. Trademarks. All trademarks, logos, service marks and trade names (altogether named "Trademarks") shown on the Site are registered and unregistered Trademarks of One-World Records and others and are not allowed to be used in relation with any products and/or services that are not associated with or offered by their rights holders due to it likely causing customer dissatisfaction by confusing them in any manner that will cause negative business relationships between customers and its rights holders. Trademarks not owned by One-World Records that operate on the Site, if any, are the property of their respective owners. The Site strictly prohibits any usage that may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on Site. One-World Records will enforce all its Trademark rights using the rule of law, including, if needed, prosecution for criminal acts.
4. Unsolicited Materials. Unless we request it specifically, we do not solicit, nor do we desire to receive any confidential, secretive in nature or proprietary information or other such materials from you through the Site, by e-mail or in any other way. Any information pertaining to creative works, ideas, demos, concepts, suggestions, systems, methods, plans, designs, techniques or other such materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secretive in nature and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) attest and can validate that the Submitted Materials are original to you and that no other party owns any rights thereto, and that any "moral rights" in the Submitted Materials have been waived, and (b) you give us a unrestricted, royalty-free perpetual, worldwide, irrevocable, non-exclusive and fully transferrable, assignable and sublicensable right and license to use, adapt, copy, modify, reproduce, publish, translate, create derivative works from, distribute, display, and perform such material (in whole or part) and/or to incorporate it in other works in any other form, media, or technology now known or later developed. We will not be responsible for keeping any Submitted Material that you send to us, and we may delete or destroy any such Submitted Material at any time.
5. Mobile User Information. By enrolling in a text message service ("Text Service"), if offered by One-World Records, you agree to receive special offers and other relatable information about the business via SMS and/or MMS message at the mobile number you provided during the service's registration process. You may need to respond to a message as instructed to complete the registration process and confirm your enrollment. The entire program will disclose the program, frequency of messages, and options to cancel your enrollment.
Messages will be sent through an automatic telephone dialing service. The service is free, unless there are uncontrollable changes that occur and you agree with them by our disclosure, nevertheless, you may be offered chances to buy products through the Text Service and it will be your responsibility to pay any charges associated with any product purchases. Your mobile carrier's standard message and data rates may apply to any messages you send or receive through the Text Services, including any of our confirmations and future texts. Please consult your mobile data and messaging plan for any questions or further assistance on these matters.
When you enroll in One-World Records program enrollment and encounter program welcome messages, including messages sent to a short code associated with the Text Service or by replying to any message you receive from us, you have the option to text "STOP" to cancel or "HELP" for customer support information. If you choose to stop your subscription, you agree to receive a final text message from the TEXT Service to confirm your cancellation. All information collection and use policies regarding your information are found in our Privacy Policy. You agree to notify us of any changes to your mobile number and update your account with us to reflect this change and acknowledge that you are responsible for the accuracy of this information. Please contact us with any questions by using the Contact section of the Site.
Your carrier may not allow or approve certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Please contact your carrier with any questions regarding these issues. We are not liable for any SMS or MMS delays or failure to receive any texts, as their delivery is dependent on effective transmissions by your mobile carrier.
6. Account and Password. You are granted to create an account in the Site ("Account") using by using our offline and online registration processes or social media logins ("Login"). You are solely responsible for maintaining the confidentiality of any username or password you use through your Login, for any access to or utilization of the Site by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent: and for all activities that are conducted through your Account. You agree to (a) make certain you exit from the account at the end of each session and (b) immediately contact One-World Records if you believe an illegal use of your password or Account or any other violation of security has occurred. It is your sole responsibility to control the unwanted and wide usage of your password, control access to and use of your Account, and notify One-World Records when you desire to cancel your Account on the Site. One-World Records will not be responsible or liable for any loss or damage arising from noncompliance with this provision.
7. User Conduct. You agree while using the Site, you will not post, upload or transmit to the Site, any materials that: (a) are protected by third party copyright, or any other proprietary or intellectual property right holder: (b) are against the law, hateful, threatening, defamatory, tortious, libelous, fraudulent, deceptive, invasive or intrusive of another's privacy or publicity rights, harassing, obscene, profane, vulgar or that uses explicit or graphic descriptions or accounts of sexual acts or encounters (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or block any other user from accessing and enjoying the Site, (d) violate in any way that would constitute a criminal offense or give rise to civil liability, or (e) contain malicious software, viruses or other harmful technology, advertising of any sort, or fraudulent or misleading indications of origin or statements of fact.
You also guarantee and understand that you are not allowed to: (a) pose or masquerade as any person or corporeal entity or falsify your affiliation with any other person or corporeal entity; (b) copy, transmit, upload, post, publish, reproduce, distribute or in any way misuse or exploit any content or other such materials obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in harvesting, flooding, spamming, of e-mail addresses or other personal information, spidering or bot tracking, "database scraping" "screen scraping" or any other action with the intent to obtain lists of Site participants or any other information, or send chain letters or pyramid schemes or anything similar in fashion via the Site. or (d) attempt to hack or wrongfully gain unwarranted access to other computer systems through the Site. You consent that you will not utilize the Site in any way that could harm, disable, disrupt, encumber, or debilitate the Site or hinder any other visitor's access and gratification of the Site. You are not allowed to gain or make attempts to gain any information or such materials through any means not purposely made accessible or granted through the Site.
One-World Records may periodically observe or review discussions, bulletin boards, chats, postings, transmissions, and similar constructs on the Site, One-World Records is under no obligation to do so and does not assume responsibility or any liability arising from the information or content of any locations on the Site nor for any danger, defamation, error, libel, omission, falsehood, slander, obscenity, pornography, profanity, or inaccuracy that may be found in any information within any locations on the Site.
You agree not to misuse any link from any other website to the Site, presumably a link that would open to a new browser window or website. You agree not to link from any other website to the Site in any way that would compromise any page or attempt to "frame", surround, darken or blur by any third-party content, information, materials, or company branding on the Site. We hold the right to terminate your right to link to the Site from your website at any time upon written notice to you.
You agree to maintain, indemnify and hold One-World Records and its members, employees, agents, officers or content or service providers (altogether named, "Protected Entities") harmless and innocent from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, due to your use of the Site, or your breach or violation of the law or of these Terms and Conditions. One-World Records reserves the right, at its own financial expense, to assume the exclusive defense and control of any occurrence that would subject any compensation by you, and in such case, you agree to cooperate with One-World Records defense of such claim.
8. Product and Service Orders. Certain products will be available to visitors and registrants of the Site. You may only do so if, and you hereby state honestly and guarantee that you are domiciled in the United States and you are 18 years old or older. You agree to pay in totality the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to One-World Records. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts that are due when we request it.
9. Software Downloads. You may receive demos of software or various software products downloaded from the Site or through its deliveries or provided by One-World Records as per request, our use of such software will be subject to the software license agreement attached to such software.
10. Third Party Website Links. At some point, we will offer a link from the Site to third party websites ("Linked Sites"). For example, available products for purchase, One-World Records products or others, will be offered on or through Linked Sites. You accept and admit in agreeance with us that we are not responsible for the advertising, content, information, products, services, code or other such materials which may or may not be offered by or through Linked Sites. Through partnerships with Google, YouTube and the like to grant access to create content IDs and the like from their respective sites, your information may be subject to additional terms. Go to the YouTube Terms of Services to learn more. Links to Linked Sites are not endorsed by us unless stated by One-World Records of such websites and their advertising, content, information, products, services, code or other such materials provided on or through such websites.
11. LIMITATED LIABILITIES. ONE-WORLD RECORDS OR ANY OF ITS PROTECTED ENTITIES WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES STEMMING FROM, OR DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE USAGE OF OR THE INABILITY TO USE THE SITE OR THE CONTENT, INFORMATION, MATERIALS AND FUNCTIONS ASSOCIATED WITH IT, INCLUDING A LOSS OF BUSINESS OR LOST SALES REVENUE, EVEN IF SUCH PROTECTED ENTITIES HAS BEEN ADVISED OF THE PROABABILITY OF SUCH INDEMNITIES. THERE ARE SOME JURISDICTIONS THAT DO NOT LEGALLY RECOGNIZE THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THOSE USERS. IN NO CIRCUMSTANCE SHALL THE PROTECTED ENTITIES BE HELD LIABLE FOR OR IN RELATION TO ANY CONTENT OR INFORMATION EXCHANGED, POSTED, TRANSMITTED, OR GIVEN BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO CIRCUMSTANCE SHALL THE ENTIRE CUMALATIVE LIABILITY REST ON OUR PROTECTED ENTITIES AS PAYOUT TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR BREACH, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) STEMMING FROM THE TERMS AND CONDITIONS OR YOUR USAGE OF THE SITE. NO LIABILITY SHALL EXCEED, IN THE CUMALITIVE, THE AMOUNT, IF ANY, PAID BY YOU TO ONE-WORLD RECORDS FOR YOUR USAGE OF THE SITE.
12. DISCLAIMER OF WARRANTIES. THE SITE AND ALL IT SERVICES, CONTENT, INFORMATION, FUNCTIONS AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE". THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED OR DOWNTIME ACCESSABILITY, ANY WARRANTIES INVOLVING THE AVAILABILITY, DETAILS, TRUTHFULNESS, USEFULLNESS, CONTENT OR INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT COMES FROM DAILY DEALINGS, DIRECTION OF PERFORMANCE OR USE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESSED OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, INFORMATION, FUNCTIONS OR SUCH MATERIALS WITHIN IT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, OR THAT MALFUNCTIONS WILL BE FIXED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET EXPECTATIONS OF THE SITE USERS. NO INFORMATION, COMMENTS, RESPONSES, OUTCOMES OR WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONE-WORLD RECORDS OR THROUGH THE SITE SHALL ESTABLISH ANY WARRANTY NOT EXPRESSLY WRITTEN HEREIN. ONE-WORLD RECORDS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY MALFUNCTIONS, GLITCHES, DAMAGES, VIRUSES OR OTHER HARMFUL SOFTWARE OR COMPONENTS THAT MAY INFECT OR THREATEN THE NORMAL ACTIONS OF YOUR COMPUTER EQUIPMENT OR OTHER DEVICES DEEMED YOUR PROPERTY ON ACCOUNT FROM YOUR GRANTED ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY AUDIO, COPY, INFORMATION, MATERIALS, DATA, IMAGES, TEXT, OR VIDEO FROM THE SITE. IF YOU THE SITE DOESN'T MEET YOUR EXPECTATONS, YOUR SOLE REMEDY IS TO STOP USING THE SITE.
BEYOND THE LIMITS READ IN THIS SECTION, ONE-WORLD RECORDS AND ITS LICENSORS AND THIRD-PARTY SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS FOR ANY PRODUCTS OR SERVICES PURCHASED OR GIVEN VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ONE-WORLD RECORDS OR ITS AGENTS. ANY PRODUCTS AND SERVICES PUSCHSED OR GIVEN VIA THE SITE ARE OFFERED BY ONE-WORLD RECORDS "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, IT IS VERBALIZED IN A LICENSE OR SALE AGREEMENT SEPARATELY EXPRESSED IN WRITING BETWEEN YOU AND ONE-WORLD RECORDS OR ITS LICENSOR OR THIRD-PARTY SUPPLIER.
13. Site and Service Conversion. One-World Records reserve the sole right, for any reason at our discretion, to change, discontinue, suspend, or terminate any aspect of the Site, including, but not limited to, information, content, features, and such materials or tome schedules of usage. We hold the right to place limited access to particular functions of the Site or prevent your use to a portion or the complete Site without notice or penalty. One-World Records retain the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.
14. Applicable Laws. One-World Records oversee and service the Site from our office in the United States of America. We hold no representations that the content, information, and such materials on the Site follow all applicable laws and customs in its applicability or opportunity for usage in every worldwide market or location. Anyone who chooses to use the Site from any worldwide market or location do so by their own choice, and it is their responsibility to comply with the local laws where they reside, if and to the extent local laws are applicable.
15. Right or Provision Waivers. We do not waive any right or provision in the Terms and Conditions and our nonenforcement does not establish we waive any right or provision. A competent court jurisdiction may find there's validity in a provision within the Terms and Conditions, if so, both parties agree the court should honor the remedy to parties' written in the provision, and any and all other provisions of the Terms and Conditions retain its enforceability and effectiveness.
16. Notice and How to Contact Us. Please understand that all permitted or required notices given under these Terms and Conditions must be in writing and given by personal delivery, registered or certified mail, or Federal Express or any other nationally accredited courier service uses a tracking system for its packages to:
One-World Records, LLC PO Box 5645 Milwaukee, WI 53225 Attn: Notice Compliance Division
All personally delivered Notices will be acknowledged and credited as being received on its delivery date; certified or registered mail will be on the third business day after it is mailed; if sent by Federal Express, it will be on the second business day after it is deposited with the courier company.
17. Dispute Decisions. You and One-World Records agree that besides a violation of intellectual properties, which would be considered egregious and trigger a more serious form of enforcement by One-World Records and its affiliates, all other disputes will be solved in an arbitrate environment between you and One-World Records or its affiliates. As stated in the governing clause above, The Terms and Conditions are only governed by and interpreted in agreement with the laws of the State of Wisconsin, without its views on the basis of the conflicts of law that would need the usage of the laws of another State or location. Any disagreements between you and One-World Records regarding the Sites must be solved exclusively through binding non-appearance-based arbitration administered in a small claims court in Milwaukee, Wisconsin, U.S.A. or in your county if your claims qualify. In the event of a dispute, you or One-World Records must send the other party a Notice of Dispute, in writing, with the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the "Notice and How to Contact Us" section above.
We will use your contact information given by you during signup to the Site to send any Notice of Dispute to you on our behalf.
You and One-World Records agree to put forth best efforts to end disputes through informal negotiation upon notice of a dispute for a period of 60 days. If you and One-World Records do not end the dispute in the 60-day period, then you or One-World Records may commence arbitration. You and One-World Records agree that a dispute will be heard before a single neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federation Arbitration Act. YOU ARE GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures, or JAMS' Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration. Information regarding these rules can be found on the JAMS website at www.jamsadr.org. In addition, you and One-World Records agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sales of Goods shall have no applicability.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Milwaukee County, Wisconsin, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
Last Updated November 11, 2022