Terms & Conditions
UME Label Website and Digital Music Distribution Agreement
A) General Terms and Conditions
This Agreement is between You and Universal Music Emotion Label (UME Label) and any other entity affiliated with UME Label. By Creating an account on the www.umelabel.com you agree to the terms and conditions of this Agreement.By using the UME Label’s website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and UME Label reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes. In addition, you agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the website or content (defined below).
A 1) Age Requirement
To register for use of the Website on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
A 2) According to Italian Law D.L 196/20033 as amended
Creating an account on our website you agree to the processing your personal data according to Italian law Legislative Decree DL June 30, 2003, n. 196, as amended
Italian law on the protection of personal data.
A 3) Limitation of sales and Price
UME Label sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. UME Label reserves the right to refuse access to the Website or sale of Products for any reason, to any end user.
UME Label may terminate any offers for free or special promotions or pricing on merchandise at any time. Prices and availability of Products offered through the Website are subject to change at any time. UME Label does not provide price protection or refunds in the event of a price drop or promotional offering.
Each Download is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of Downloads by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
The sales are final and all charges from those sales are nonrefundable. UME Label will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by UME Label.
B) Grant of Distribution Rights.
Article B 1 Ownership of song(s) Master(s)
Artist is the creator and copyright holder and owner of the song(s), which he will decide to release by UME Label.
Artist whit this contract give to UME Label permission to distribuite the aforementioned song(s) (hereinafter refereed to
as the Masters) under the following condition:
1 a) All artistic song(s)/Master(s), from the inception of the contract and all reproductions derived, shell remain property of the artist.
1 b) Without limiting the generality of the foregoing, the artist grants to UME label and its designee(s) the exclusive right of exploitation of the song(s)/Master(s) throughout the Universe (the territory), including but not limited to:
The right to manufacture, advertise, sell, lease, license, distribute or otherwise use or dispose of, in any or all fields of use by any method now or hereafter know, the song(s)/Master(s) delivered hereunder, upon such term and conditions as UME label may elect or at it’s discretion to refrain therefrom.
The right to use, reproduce, print, publish or disseminate in any medium, and permit other to do same, artist’s name (including any professional name now or hereafter adepte by artist), photos, image and biographical material concerning artist in all connections which relate in any manner to the song(s)/Master(s) or UME label, without limitation, in the marketing, sale or other exploration of records, and as news or other information, in connection whit UME Label’s business;
The right to perform the records publicly and permit public performances thereof by means of radio broadcast,television or any other method now or hereafter know,and synchronize such performances whit visual images;
The right to license the song(s)/Master(s) to third parties for use on a flat-free and /or royalty basic. This right may be exercised only whit the express prion permission of artist;
The right to include the song(s)/Master(s) on compilations with songs produced by other artistic,producer, and/or Artist.
1 c) Artistic requie explicit consent from UME Label to remix, reproduce or re-edit the artist’s song(s)/Master(s).
1 d) Artist acknowledges that digital sale is speculative and agrees that the judgment of UME Label with regard to any matter affecting the sale, distribution and exploitation of such records, shall be binding and conclusive upon artist. Nothing contained in this Agreement shall obligate UME label to make, sell, license or distribute recordings manufactured from song(s)/Master(s) recorded hereunder.
2) All the rights herein granted to UME Label hereunder shall be for the Universe (the Territory).
2 a) Representations and Warranties. You represent and warrant that you own or have the worldwide rights to enter into this Agreement in connection with the song(s)/Master(s) including that you have the necessary and full authority to act on behalf of any and all owners of any right, title or interest in and to the Works. You represent and warrant that the licenses and authorizations that You are granting pursuant to this Agreement do not infringe or violate any third party`s intellectual property or other rights. You agree that you will obtain and pay for any and all clearances and licenses that may be required for the authorizations or licenses you grant in this agreement, including, without limitation, royalties or other amounts due to third parties, such as other performers, authors or co-authors, owners or co-owners, artists or producers, license fees, wages and consulting fees you agree to cooperate and provide UME Label with documents such as clearances and licensing agreements or other requested information which shows your ownership or rights to the song(s)/Master(s). UME Label reserves the right to suspend, terminate or block the sale of the song(S)/Master(s) and withhold royalties received from the sale of the song(s)/Master(s) until such information is provided.
You have accepted and confirmed the UME Label online digital distribution agreement and representations and warranties you have accepted and agreed that you have the necessary master rights and licenses to release song(S)/Master(S). If you do not posses such master rights and licenses you have acted illegally and made yourself viable for legal action to be taken against you. You will pay all costs related to copyright infringement and all damages requested by third parties. Therefore we request immediate copies of your license agreements with the master owners proving you rights to release these products
You represent and warrant that (1) You are at least 18 years of age and have full authority to enter into and fully perform Your obligations under this agreement, (2) You have obtained all necessary third-party consents, licenses and permissions necessary to do so and (3) You will comply with all applicable laws, rules and regulations.
Article B 2 Distribution
UME label will diligently use its best efforts to secure distribution of the song(s)/Master(s) throughout the world, through one or more major distribution companies. Any such contract entered into UME Label and any such record distribution company shall be subject to the terms of this contract. During the Term of this Agreement, you agree that UME label shall be your exclusive representative for the distribution, license and sale of your songs(Master/s). UME Label will seek to distribute your song(s)/Master(s) to various Retailers for subsequent license or sale to consumers.
2 a) You authorize UME Label to reproduce and copy your songs(Masters) into any digital format necessary for the effective distribution of the songs(Masters).
2b) UME Label does not guarantee that any Retailer or customer will purchase or license any of your songs(Masters). You authorize UME Label to promote the distribution, license and sale of your Songs (Master/s) through means deemed reasonable by UME label, including making portions or the whole of your Works available for performance on the Website. You further authorize UME Label to use and to authorize Retailers to use, the names, approved likenesses of, and biographical material concerning, the authors, performers and producers of any Works, for the purpose of promoting the distribution, licensing or sale of the songs( Master/s).
2 c) UME label has not obligation to promote the distribution, licensing or sale of the song(s)/Master(s) beyond making them available for distribution in the normal course of its business.
Article B 3 remix and video clip
3 a) UME Label has the right to create one or more remix of the song(s)/Master(s) mentioned in Article 1 b). Expenses relating to the remixes are deemed fully recoupable from gross income.
3 b) UME Label has the right to create one or more videoclips of the song(s)/Master(s) mentioned in Article 1 b) for promotional purposes. Expenses relating to these videoclips are deemed fully recoupable from gross income.
3 c) In case Artist does not deliver a radio-edit, UME Label has the right to create one or more radio edit version of the song(s) /Master(s) mentioned in Article 1 b) for promotional purposes. Expenses relating to these radio-edit are deemed fully recoupable from gross income.
Article B 4 non-Circumvention
Artist shall not detrimentally interfere whit the efforts of UME Label to distribuite the song(s)/Master(s) through one or more distribution companies or enter into any contract inconsistent with the right of distribution assigned to UME Label hereunder.
Artist shall not contact any such potential distribution company except through the offices of UME label.
Artist must not release the song(s)/Master(s) mentioned in Article 1 with other label or other distribution companies.
Article B 5 Royalties
For the right transferred or licensed to UME Label pursuant to this Agreement, including permission to release the song(s)/Master(s) mentioned in Article 1 b), UME Label compensate artist whit the following fees:
5.1)A royalty from 50 to 65% net UME Label profit, distribute through UME Label for each Song(s)/ Master(s) or Album or EP.
5.2) A royalty of 30% net profit, distribute through UME Label for each remix of the original song(S)/Master(s), are attributable to the artist, while 20% will be up who realizes the remix.
5.3 )A royalty of 10% of net profit distribute through UME Label for each remix of original Song(s) /Master(s) made by Top Artistic.
5.4) UME Label shall have the right to include or to license other to include any more or more of song(s)/Master(s) in promotional records on which such song(s)/Master(s) and other recording are included, which promotional records are designed for promotional uses or sales. The royalty about this special use of the song(s) /Master(s) are 25% of net profit.
5.5) Royalties in respect of sales of song(s)/Master(s) outside the EU shall be computed in the same National currency as UME Label is accounted to by its licensees and shall be paid to artist at same rate of Exchange as UME Label is paid. It is understood that such royalties will not be due and payable until payment thereof is received by UME Label.
Article B 6 payments
Payment are made in Euro’s, whit respect to foreign income at the conversion rate at which UME label was Paid.
6.1) UME Label shall render to artist accounting on quarter bases, 60 day after quarter end, accompanied by payment of any amounts due. Any Balance due uder 100 euro (aggregated) shall be rolled into the following quarter and paid only when the balance exceeds 100 euro.
6.2) UME Label guarantees to its artists full payment of their benefits through: Paypal and bank account, for a minimum of 100 euro.
6.3) UME label Music store
6.3.1)Artists will get 50-60% of royalties less 10 % of the management fees from net income available on UME Label Music Store (report session)
UME Label is not obligated to make any payments to You for Works submitted in violation of the terms of this Agreement. You are responsible for reporting all income received pursuant to this Agreement to the appropriate taxing authorities. UME Label is not obligated to make any additional payments to You, including payments to which you might be entitled for public performances of your song(s)/Master(s). You must immediately reimburse UME label for any amounts paid to you by UME Label pursuant to paragraph that any Retailer later requires UME Label to repay or reimburse through chargebacks or otherwise (“Chargebacks”). If You fail to promptly reimburse UME Label, UME Label may suspend performance under this Agreement and deduct Chargebacks from any future payments due you.
Article B 7 UME Label Obligation
7.1 ) UME Label ensure adequate distribution of song(s)/ Master(s) mentioned in Art.1 b)
7.2 ) UME Label is obliged to respect this contract with honor and in good faith.
Article B 8 Contribution by artists
Artist agrees to full cooperate with UME Label in good faith, in the production of song(s)/Master(s) and Album; to arrange, direct and perform the song(s) Master(s) in such manner as to facilitate their distribution and to otherwise observe the remaining duties and obligations of this Agreement.
Article B 9 Obligation of the artist
The artist states and warrants, with due consideration of existing agreement(s) between the artist and the performing right societies:
9.1) That he alone has the full copyright on the song(s)/Master(s) and otherwise all rights transferred or licensed to UME Label pursuant to this Agreement;
9.2) That the song(S)/Master(S) or Album and their tittles are original;
9.3) That he will not, during the terms of the Agreement transferred or licensed rights to UME Label, transfer these rights wholly or partly to third parties, not that he licensed any of these right to third parties, such as permission for publication or distribution.
9.4) That the song(s) /Master(s) are not contrary to public policy and do not infringe on copyright Law or any other third party right.
9.5) That there are (or might be set in any way) no claims, in law or otherwise, against the song(s)/Master(s) and/or the artist, that will affect any rights transferred or licensed to UME Label pursuant to this Agreement or can deprive UME Label of any of these transferred or licensed rights.
9.6) The Artist will warrant UME Label against any claims of third parties regarding the distribution and promotion of all content that have been included in this contract. Artist will compensate all damage, interest and expenses (including legal aid),which may arise for UME Label from such a third party claim, to UME Label.
9.7) If and insofar the artist includes more than one person as composer, then the representations and warranties, that have been definite in this agreement and all other obligation of the artist as stated in this Agreement shall be deemed to be entered into by the persons concerned, both individually and collectively.
Article 10 B license for use of artist name and image
The artist shall grant to UME Label the non–exclusive license to use the artistic name and artistic photographic image in the promotion and distribution of the song(s)/Master(s).
Article 11 B Territory
The territory which this Agreement between UME Label and Artistic applies is Worldwide/Universe.
Article 12 B Duration
The contract is unlimited and is subject to be terminated by one of the two witnesses in any time by submitting a letter of resignation with 30 days notice at firstname.lastname@example.org. In this case UME Label will take care to remove from sale the material donated by the artist, paying the profit generated from the product until the end of the contract, provided that exceeds the amount 100,00 Euro if the artist requests the termination of the contract then a termination fee of 100,00 Euro shall be subtracted from the royalties due to the artist.UME Label may terminate this Agreement at any time, with our without cause, upon 30 days written notice by sending an e-mail to the address you provide upon.
Article 13 B Premature termination or legal dissolution.
The artist has the right to terminate this Agreement and UME label is obliged to transfer the Transferred and/or licensed right back to artist, if UME Label:
1) Is declared bankrupt or in case of simple bankruptcy, or as otherwise required by Italian bankruptcy law.
2) Dies as natural person or is dissolved as company or legal entity.
3) Seriously fails to fulfill any obligations mentioned in this contract.
Article 14 B Applicable law,jurisdiction, competente court and lex fori
14.1) This Agreement is governed by Italian law
14.2) disputes shall be settled by the competent court in the district where UME Label is established.
Article 15 B Partial Invalidity
If one or more provisions of this Agreement should be or become void, the validity of remaining provisions shall in no way be affected. Any provision which is or has become void shall be replaced by the parties of this Agreement by another valid provision coming as close as possible to the economic an legal purpose intended by this Agreement.
Article 16 B Attorney’s fees
You agree to defend, indemnify and hold UE Label, and its subsidiaries, affiliates, officers, directors, agents, employees, contractors and representatives harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your access to or use of this Website, or any claim or allegation that your song(S)/Master(S) infringe the intellectual property or other rights of a third party. Upon receipt of a claim that any song(s)/Master(S) infringes a third party`s rights, UME Label reserves the right to suspend distribution of the song(s)/Master(S), and forwarding of any sales data or payments received from retailers, pending resolution of the claim. UME Label reserves the right to select counsel of its choice for the defense of any claim covered. You shall advance defense costs as necessary to fund the defense of any claims. You agree to cooperate in the defense of any such claim. You will pay all expenses related to all legal costs arising from infringements of intellectual property rights of third parties. Ume label is not responsable for any damage caused to third parties by the artists.
C) UME Label Content
All Content, including but not limited to digital downloads of sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to UME Label, and is protected by Italian. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of UME Label, and except as provided in this agreement, no content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the website, you are permitted to listen to Samples (as defined below), and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops, which is part of the website’s content. Some of the content is products. The Content is only for your personal, non commercial use.
Article C 1
When using the UME Label’s website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Website at your own risk and UME Label shall have no liability to you for content that may be found objectionable, indecent, or offensive
Article C 2
You may not use UME Label website to publish, post, distribute or disseminate any information or content that:
1)You do not have a legal right to publish or transmit (such as trade secret or other proprietary information, inside information, information subject to a confidentiality agreement or personal information about a third party);
2)that infringes any copyright, trademark, patent, trade secret, or other proprietary right of a third party;
3)is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable;
4)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
5)violates any applicable laws or regulations.
6)You may not falsely identify yourself as any other person or entity to UME Label or otherwise misrepresent your affiliation with a person or entity, impersonate another user, forge headers or otherwise manipulate identifiers (including URLs) or disguise the source or origin of any information. Upon request by UME Label, you will provide proof, such as a copy of a driver`s license, passport, state identification card or other document acceptable to UME Label to verify Your identity.
7)You may not publish, post, distribute or disseminate any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation.
8)You may not collect or store personal data about other users of this Website.
Article C 3 Prohibited Uses of Downloads.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then re-digitize any Downloads. You may not create any “derivative works” by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). Peer-2 Peer file sharing is strictly prohibited. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is expressly prohibited and is a violation of Italy and international copyright law.
Article C4 Limitation and copyright of the download and sample.
UME Label may make available the Products or sample. Your access to and/or use of any Products will be limited by the rules assigned to the Products and sample by UME Label . You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Product Rules. UME Label reservers the right to enforce the product rules with or without notice to you.
About “Sample”, it is a promotional portion of a Product/song, in some cases an entire product or song, which is made available to you while you are logged onto the UME Label website. Samples may also consist of a promotional music video. Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Sample.
About “Download” is a purchased Product that you can:
1) transfer to a compatible portable device,
2) save to your hard drive with unlimited playback time,
3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. UME Label shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads or Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the Italy code, and is in violation of Italy and international copyright and intellectual property laws. UME Label may at any time lose the right to make certain products available. In such an event, you will no longer be able to access such Products from UME Label ‘s library function or obtain them from the website catalog.
Article C 5 UME Label Right
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that UME Label may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If UME Label’s use of such content exploits any proprietary rights you may have in such material, you agree that UME Label has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will defend indemnify and hold harmless UME Label, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.
Article C 6 Typographical Errors
Due to the rapidly expanding, broad selection of Content on the website, it is possible that UME Label content may include accidentally misspellings. In such an event, UME Label reserves the right not to accept end user orders with prices based upon typographical errors.
Article C 7 Copyright and Trademark
All copyrights in and to the Website, including but not limited to, the UME Label music store, and software, are owned by UME Label and/or its licensors. The use of the website, or any content on the website, except for use as expressly permitted in this agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this agreement are reserved to UME Label and/or is licensors. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of UME Label and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Article C 8 Copyright Infringement
If UME Label receives a notice alleging that you have engaged in behavior that infringes UME Label’s or an other’s intellectual property rights or reasonably suspects the same, UME Label may suspend or terminate your account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on UME Label Website constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information:
1) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2) identification of the copyrighted work claimed to have been infringed;
3) a description of where the material that you claim is infringing is located on the Site;
4) your address, telephone number, and e-mail address;
5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can send e-mail at: email@example.com
D) Registration and account creation
To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to UME Label (“Registration Data” for the purposes of creating an Account, called my “Account”. You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate.
UME Label may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, or incomplete. You agree that UME Label store may and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify UME Label immediately of any unauthorized use of your password and/or account. UME Label will not be responsible for any losses arising out of the unauthorized use of your Registration Data or account, and you agree to hold harmless and to indemnify UME Label, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, UME Label will close your Account. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Member Account. You are responsible for any charges on your Account that are incurred by any person through your Account, and you are solely responsible for keeping your Account secure and confidential.
Article 1 D
By creating a UME Label Account, you grant permission for UME Label to contact you at your e-mail address.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
Article 2 D
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials:
1) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy;
2) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party;
3) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system;
4) that infringe third-party rights or harm minors in any way;
5) you may not interfere with or disrupt the Website or any networks connected to or by the website;
6) In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
E) System Requirements for Usage.
You are responsible for any hardware, systems and/or software program/s you use and any associated fees and expenses (1) to connect to, browse or otherwise use the Internet, and/or (2) to access the Website, and/or (3) to browse, stream, download, play back, burn or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content.
Article E 1
UME Label does not make any representations and does not guarantee that:
1) this website is appropriate or available for use in all countries;
2) this website is free of all viruses, worms, trojan horse, and other items of a destructive nature;
3) this website is free from all errors or technical inaccuracies or that any errors that could be on this website will be corrected;
4) this website will remain unchanged or that it will always remain its current functionality.
UME Label doesn’t makes no representations whatsoever and does not guarantee about any other Internet site that you may access through this one. When you access a non-UME Label Web site, you acknowledge that it is independent from UME Label, and that UME Label has no control over the content on that site. In addition, a link to a non-UME Label site does not mean that UME Label endorses or accepts any responsibility for the content, or the use, of that site. You must take appropriate precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You assume all risk for any damage to Your computer system or loss of data that results from Your use or access of this Website, including any damages resulting from worms, Trojan horses and other items of a destructive nature.
Article E 3 Limitation of Liability.
to the full extent permitted by law, UME Label is not liable for any direct, indirect, special, incidental, consequential, (including, without limitation, loss of business, revenue, profits, goodwill, use, data,electronically transmitted records or documents, or other economic advantaged) arising out of or in connection with this website, even if UME label has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, Whether in breach of contract or in tort, included negligence, including without limitation damages due to:
1) the use of or the inability to use this website;
2) statements or conduct of any third party on the website, including without limitation, unauthorized access to or alteration of transmission or data,malicious or criminal behavior or false or fraudulent transactions;
3) content or information that you may content or information you may downloading use, modify or distribute and any other matter relating to the services offered through this website.
Article E 3.1
UME Label reserves the right to revise or modify this Website, the services offered through this website and this agreement at any time, with or without notice. Although UME Label may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version of umelabel.com. your continued use of this website following any modification or revisions to this Website or this Agreement will be deemed your acceptance of and agreement to the modifications or revisions. UME Label may, at its discretion, modify, suspend, or discontinue the website (or any part or content thereof) at any time with or without notice to you, and UME Label will not be liable to you or to any third party should it exercise such rights.
Article E 3.2
UME Label makes no warranty that any particular CD burner or portable device will be compatible with the website or any content offered on the website.
Under no circumstance shall UME Label be liable for any unauthorized use of the Website or its Content.
Article E 3.3
All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. UME Label makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. UME Label makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses. UME Label specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if company has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
F) Charges and Billing.
UME Label currently accepts PayPal and does not accept cash, money orders, or checks. UME Label reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not UME Label, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for content or download orders previously accepted by UME Label will survive your termination of your UME label account. Due to the nature of the service, refunds are only available in exceptional circumstances at UME Label ‘s management’s sole discretion.
UME Label accepts the following currencies: Euro. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website (firstname.lastname@example.org).
You and UME Label are independent contractors, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
By using the Website you agree to defend, indemnify and hold harmless UME Label and its employees,agents, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof UME Label may suspend its performance under this Agreement if as a result of a cause beyond its control, such as fire, explosion, flood, hurricanes or war, UME Label`s performance is not commercially possible.
Article G 1 Partnership and content
The Website may include Products, Content, and services from third parties available via the UME Label Website. UME Label can include links to third party websites, which are provided solely as a convenience to you. UME Label assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that UME Label is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
Article G 2 tax
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.