Privacy Policy - Terms of use | rightsHUB Knowledge Base

LAST UPDATED: 6^th of January 2022

You're one step closer to being a part of Rights HUB community. We can't wait to have you on board. Before we make things official, however, it is important for you to understand the terms and conditions – including the rules, rights and obligations associated with using RIGHTS HUB.

To assist you with your review of the agreement, at the end of most sections of the agreement we provide a short summary of the applicable section. These summaries are included for reference purposes only, do not constitute contractual terms and are not a substitute for reading the actual contractual terms; the summaries will not affect the meaning or interpretation of this Agreement, and, in all cases, the substantive terms of this Agreement (and not any summary) will govern and take priority over any summary.

Please note that other terms and conditions may also apply to your use of RIGHTS HUB; in particular, if you use certain portions of Rights HUB service, you may have to agree to additional terms and conditions, such as the third party applications.

Please take a moment to read this Agreement (as defined below) carefully. Your use of Rights HUB (as defined below) constitutes your agreement to this Agreement.

This RIGHTS HUB (together with any successor RIGHTS HUB(s), the Service (as defined below) and any related mobile software application made available by us (together with any successor application(s) (the "App")), collectively, "RIGHTS HUB") is operated by Monokrome Music Ltd. ("we", "us"). We provide RIGHTS HUB users with access to Rights HUB service (such service and related content and materials, the "Service"). Your use of Rights HUB (including the Service) is governed by these Terms of Use (this "Agreement"), regardless of how you access Rights HUB (including through the Internet, through a mobile network, or otherwise). This Agreement is between you and us.

For clarity, this Agreement governs your general access to and use of Rights HUB.

PLEASE NOTE: Rights HUB may include or be used in connection with certain Third Party Applications (as defined in Section 12 below). Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Applications.

If you are an individual, or a company, label or other organisation ("Organisation"), accessing or using Rights HUB not only on your own behalf or for your own benefit but also on behalf of, or for the benefit of, any other individual or other group of individuals (A "GROUP"), then you are agreeing to this Agreement on behalf of yourself and such Group (including each member of the Group), and you represent and warrant that you have the legal authority to bind such Group (including each member thereof) to this Agreement. References to "you" and "your" in this Agreement will refer to both the individual or organization accessing or using Rights HUB and to such Group (including each member thereof).

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Summary:

Please read these terms carefully. If you use RIGHTS HUB (including our apps or websites), you agree to these terms. If you are a UK resident, you will want to take a close look at Section 18, which requires that disputes between you and us be resolved on an individual basis through binding arbitration, rather than in a court room before a judge and jury.

Acceptance of Terms.By using RIGHTS HUB, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on Rights HUB. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on RIGHTS HUB. You can determine when we last changed this Agreement by referring to the "LAST UPDATED" legend above. Your use of Rights HUB following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the "LAST UPDATED" date applicable to that version of this Agreement in which we included such material change. We may, at any time, without liability, modify or discontinue all or part of Rights HUB; charge, modify or waive fees required to use Rights HUB; or offer opportunities to some or all RIGHTS HUB users.

Summary:
We're constantly evolving, which is a key reason why we need the flexibility to modify these terms and our services from time to time as set out in Section 1 above. You should check the "Last Updated" legend at the top of these terms from time to time to determine if these terms have been modified since you last reviewed them; if they have been modified, you will want to take the time to review the modified terms.

RIGHTS HUB is controlled and/or operated from the United Kingdom, and is not intended to subject us to non-UK jurisdiction or laws, except as otherwise expressly stated in this Agreement. RIGHTS HUB may not be appropriate or available for use in some jurisdictions outside of the United Kingdom. If you access Rights HUB, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit RIGHTS HUB's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Summary:
RIGHTS HUB is controlled and operated from the United Kingdom, and use of RIGHTS HUB is governed by UK law (see Section 18 for more information). If you do access RIGHTS HUB from outside the United Kingdom, it is your responsibility to comply with all non-UK laws.

Information You Submit.Your upload of information into RIGHTS HUB is your data, we shall not own any of the data you upload. To the extent that you submit any personally identifiable information to any third party (for example, a Provider (as defined in Section 6(b) below)) in connection with Rights HUB (for example, via a Third-Party Application, as defined in Section 12 below), such third party's collection, use and disclosure of such information may be governed by its own privacy policy. In any event, we are not responsible for the information collection, usage and disclosure practices of third parties.

Summary:
Your data always belongs to you. RIGHTS HUB may contain applications and services provided by third parties – we are not responsible for how these third parties collect, use and share your data.

Rules of Conduct.In using Rights HUB, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following "Rules of Conduct" as updated from time to time by us. In connection with Rights HUB, you will not:
- Post, transmit, or otherwise make available, through or in connection with Rights HUB:
  - Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or other proprietary right without the express prior written consent of the owner of such right.
  - Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as "hacking", "cracking" or "phreaking".
  - Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is or is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  - Any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letter", "pyramid scheme" or investment opportunity, or any other form of solicitation.
  - Any material non-public information about a company without the proper authorization to do so.
- Use RIGHTS HUB for any fraudulent or unlawful purpose.
- Use RIGHTS HUB to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of RIGHTS HUB.
- Impersonate any person or entity, including any of our (or our Affiliates' (as defined in Section 6(b) below) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
- Interfere with or disrupt the operation of RIGHTS HUB or the servers or networks used to make RIGHTS HUB available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using RIGHTS HUB (including by hacking or defacing any portion of RIGHTS HUB).
- Use RIGHTS HUB to advertise or offer to sell or buy any goods or services without our express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to RIGHTS HUB.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) RIGHTS HUB except as expressly authorized herein, without our express prior written consent.
- Except as expressly permitted by applicable law, reverse engineer, decompile or disassemble any portion of RIGHTS HUB.
- Remove any copyright, trademark or other proprietary rights notice from Rights HUB or materials originating from Rights HUB.
- Frame or mirror any part of Rights HUB, or otherwise incorporate any portion of Rights HUB into any product or service, without our express prior written consent.
- Systematically download and store all or any RIGHTS HUB content except content owned and controlled by you.
- Use any robot, spider, website search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or otherwise gather RIGHTS HUB content or in any way reproduce or circumvent the navigational structure or presentation of Rights HUB, without our express prior, written consent.

We may terminate your use of Rights HUB for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with Rights HUB).

Summary:
Section 4 above sets forth some ground rules to protect Rights HUB community and ensure all clients can make the most of RIGHTS HUB. In addition to the other rules listed above, these "Rules of Conduct" require that you not harass or spam other users, host inappropriate content, use our services for your own advertising or engage in illegal conduct. While we don't want to be in a situation where we have to cut off your access to RIGHTS HUB, we can do so if you violate our Rules of Conduct or these terms. Please be reasonable and considerate.

You may need to register to use any part(s) of Rights HUB or the Service. We may reject, or require that you change, any email, password or other information that you provide to us in registering. Your password is for your personal use only and should be kept confidential; you, and not us, are responsible for any use or misuse of your user name or password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your password, or your Rights HUB account. By signing up to Rights HUB you agree to the terms of use.

Summary:
You need to have an account in order to use RIGHTS HUB. Please keep your password confidential, and let us know if you find out someone is misusing your account.

Unsolicited Deliveries.Notwithstanding anything to the contrary in this Agreement, we and our Affiliates do not accept, invite or consider unsolicited Deliveries of ideas, proposals or suggestions ("Unsolicited Deliveries"), whether related to Rights HUB, the Service or otherwise. We do not treat Unsolicited Deliveries as confidential, and any Unsolicited Delivery will become our or our Affiliates' sole property. We and our Affiliates have no obligations with respect to Unsolicited Deliveries and may use them for any purpose whatsoever without compensation to you or any other person. You hereby acknowledge and agree that your provision of Unsolicited Deliveries is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

Summary:
RIGHTS HUB is a place for you to store your music and related info and other materials. If you decide to share other things with us (such as suggestions on how to improve RIGHTS HUB), we might not use them, or, if we do, we can use them without needing to get your permission.

Your Limited Rights.Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to use Rights HUB, you may view one (1) copy of your portion of Rights HUB to which we provide you access under this Agreement, solely for your personal use. To the extent an App is included in Rights HUB and made available to you, such App is licensed (not sold) to you and other end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non sub licensable basis, to install and use the App on a mobile device that you own or control, solely for your personal use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.

Summary:
This Section 7 sets forth the terms of the license that we grant to you to use RIGHTS HUB. Unfortunately, if you can't comply with these terms, you can't use RIGHTS HUB.

Rules for Promotions.Any sweepstakes, contests, raffles, surveys, games or other promotions (collectively, "Promotions") made available through Rights HUB may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

Summary:
We may offer promotions; if you are interested in participating in a promotion, you should review the specific rules for such promotion before participating.

Our Proprietary Rights.We, our Affiliates and suppliers own Rights HUB and the information and materials made available through Rights HUB. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of Rights HUB or any information or materials made available through Rights HUB.

We, our Affiliates and suppliers own the trade names, trademarks and service marks on Rights HUB, including without limitation RIGHTS HUB and any associated logos. All trade names, trademarks, service marks or logos on Rights HUB not owned by us or our Affiliates are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on Rights HUB should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORISED USE OF RIGHTS HUB OR ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY RIGHTS HUB OR ANY SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

Summary:
Rights HUB services are owned by us (and our licensors and suppliers). Please do not use RIGHTS HUB except as permitted under these terms.

Third Party Applications.Rights HUB may include third party software applications and services (or links thereto) that are made available by our Providers ("Third Party Applications"). Because we do not control Third Party Applications, you agree that neither we nor our Affiliates, nor our respective Representatives, are responsible or liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, timeliness, completeness, reliability or safety of, or intellectual property rights relating to, Third Party Applications or their use. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from Rights HUB at any time. The availability of Third Party Applications on Rights HUB does not imply our endorsement of, or our affiliation with any Provider of, such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by Providers themselves in connection with Third Party Applications). This Agreement does not create any legal relationship between you and Providers with respect to Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our respective Representatives or Providers, with respect to any Third Party Application.

Summary:
RIGHTS HUB may provide you with access to applications and services that are provided by third parties. We are not responsible for such third-party applications and services, and you may have to agree to separate terms with those third parties in order to access or use their applications and services.

Third Party Content.Rights HUB may incorporate certain functionality that allows, via the system or network of which Rights HUB is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties, ("Third Party Content"). By using such RIGHTS HUB functionality, you acknowledge and agree that you are directing us to access, route and transmit to you Third Party Content associated with such functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, timeliness, completeness, reliability or safety of, or intellectual property rights relating to, Third Party Content. Certain Third Party Content may, among other things, be inaccurate, misleading or deceptive. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via Rights HUB at any time. Your access to or receipt of Third Party Content via Rights HUB does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our respective Representatives or Providers, with respect to any Third Party Content.

Summary:
RIGHTS HUB may also contain links to or feeds from third-party websites. As with third-party applications, services and content, we are not responsible for such third-party websites, and you may have to agree to separate terms with those third parties in order to access or use their websites.

Links and Feeds.Rights HUB may provide links to or feeds from other websites and online resources. We and our Affiliates are not responsible for and do not endorse such external sites or resources. YOUR ACCESS TO AND USE OF THIRD PARTY WEBSITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY WEBSITES, CONTENT AND RESOURCES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY WEBSITES, CONTENT AND RESOURCES).

Limitations of Liability and Disclaimers.RIGHTS HUB, THE SERVICE, AND ALL SOFTWARE, GOODS, SERVICES, PRODUCTS, APPLICATIONS, CONTENT, FUNCTIONALITY, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH RIGHTS HUB OR THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS", "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES AND OUR RESPECTIVE REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO RIGHTS HUB, THE SERVICE, AND ALL SOFTWARE, GOODS, SERVICES, PRODUCTS, APPLICATIONS, CONTENT, FUNCTIONALITY, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH RIGHTS HUB OR THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. (CERTAIN PROVIDERS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR THIRD PARTY APPLICATIONS; PLEASE CHECK WITH SUCH PROVIDERS FOR FURTHER INFORMATION.) WE MAKE NO REPRESENTATION OR WARRANTY THAT RIGHTS HUB OR THE SERVICE (OR ANY PART THEREOF), OR ANY SOFTWARE, GOODS, SERVICES, PRODUCTS, APPLICATIONS, CONTENT, FUNCTIONALITY, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH RIGHTS HUB OR THE SERVICE IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING RIGHTS HUB OR THE SERVICE OR ANY GOODS, SERVICES, PRODUCTS, APPLICATIONS, CONTENT, FUNCTIONALITY, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH RIGHTS HUB OR THE SERVICE WILL FUNCTION IN ANY MANNER OR BE FREE OF INACCURACIES, INTERRUPTIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE RIGHTS HUB OR THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH RIGHTS HUB, THE SERVICE, AND ANY GOODS, SERVICES, PRODUCTS, APPLICATIONS, CONTENT, FUNCTIONALITY, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH RIGHTS HUB OR THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF RIGHTS HUB, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY APPLICATIONS, CONTENT, FUNCTIONALITY, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH RIGHTS HUB OR THE SERVICE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF US, OUR AFFILIATES AND OUR RESPECTIVE REPRESENTATIVES AND PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

WE, OUR AFFILIATES AND OUR RESPECTIVE REPRESENTATIVES AND PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL NOT BE LIABLE IN CONNECTION WITH RIGHTS HUB OR THE SERVICE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF RIGHTS HUB OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT OR IN CONNECTION WITH YOUR DELIVERIES), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE, OUR AFFILIATES AND OUR RESPECTIVE REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE RIGHTS HUB OR THE SERVICE OR FROM ANY SOFTWARE, GOODS, SERVICES, PRODUCTS, APPLICATIONS, CONTENT, FUNCTIONALITY, INFORMATION OR MATERIALS ON RIGHTS HUB OR THE SERVICE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH RIGHTS HUB OR THE SERVICE IS TO STOP USING RIGHTS HUB OR THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE RIGHTS HUB AND THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT DURING THE TERM OF THIS AGREEMENT GIVING RISE TO ANY SUCH DAMAGES, LOSSES OR CAUSES OF ACTION AND (B) TEN POUNDS (£10.00).

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

While we try to maintain the timeliness, integrity and security of Rights HUB and the Service, we do not guarantee that Rights HUB, the Service, or any Third Party Applications is or will be updated, complete, correct or secure or that any use of Rights HUB, the Service, or any Third Party Applications will be uninterrupted. Rights HUB, the Service, or any Third Party Applications may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Third Party Applications. If you become aware of any such unauthorized third party alterations to Rights HUB or the Service, contact us at admin@monokrome-music.com with a description of the material(s) at issue and the URL or location of such materials.

Summary:
Please carefully read this Section 15, as it contains important limitations on our liability relating to Rights HUB, which platform we provide to you "as is"; we can't guarantee that our services will always be available or error-free. In any event, our total liability to you is limited to the greater of the amount you've paid to us in the last 12 months and £10. If you come across any unauthorized third-party alterations to our services, please let us know at the e-mail address set forth in Section 15 above.

Except to the extent prohibited under applicable law, and in addition to your indemnity obligations under any other agreement with us, our Affiliates or our or their respective Representatives and Providers, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their respective Representatives and Providers, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including lawyer' fees) arising out of: (a) your use of, or activities in connection with, Rights HUB (including all uploads) or the Service (including all Recordings or Related Materials); (b) any violation or alleged violation of this Agreement or the Distribution Terms (including the representations and warranties set forth herein and therein) by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any upload, Recording or Related Materials (including any portion thereof) that you post or make available; (d) any dispute between you and a third party in connection with Rights HUB or the Service, regardless of the nature of such dispute; (e) if you are a member of a Group, any dispute between or among you and any other member(s) of such Group, regardless of the nature of such dispute; (f) if you are an Organization, any dispute between you and any Organization representative, artist, licensor or other third party, regardless of the nature of such dispute; or (g) any claim that your upload, Recording, Related Materials, or any use or exploitation thereof caused damage to, infringed upon, misappropriated, or otherwise violated the rights of a third party (including performing rights organizations, music publishers, unions, musicians, vocalists, artists and engineers), including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or any other violation of law or of intellectual property, proprietary, performers' or contractual rights related to the foregoing.

Summary:
This Section 16 provides that you indemnify us if certain situations arise, including, for example, a lawsuit arising out of your use of RIGHTS HUB or your violation of these terms. An indemnity requires that you fully compensate us for any claims that arise within the scope of the indemnity; you should read Section 16 with particular care in order to understand your indemnification obligations.

This Agreement is effective until terminated. We may, at any time and for any or no reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement), terminate or suspend your access to or use of: (a) Rights HUB, (b) your password or (c) any files or information associated with your user name and password. If we terminate or suspend your access to or use of Rights HUB, you will not have the right to bring claims against us, our Affiliates or our respective Representatives and Providers with respect to such termination or suspension. We and our Affiliates and our respective Representatives and Providers, shall not be liable for any termination or suspension of your access to Rights HUB or to any such information or files, and shall not be required to make such information or files available to you after any such termination or suspension. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of Rights HUB, any Products or any third party claim that your use of Rights HUB or Products is unlawful or infringes such third party's rights).

Summary:
Section 17 above describes when we can terminate or suspend your right to use RIGHTS HUB and the consequences of any suspension, termination or expiration.

Governing Law; Dispute Resolution.If you are a resident of the United Kingdom or Organization, or if any claim or dispute in connection with this Agreement or your use of Rights HUB or the Service (each, a "Dispute") arises in connection with your use of (including access to) Rights HUB or the Service while in the United Kingdom, the following will apply: The terms of this Agreement and any applicable Dispute are governed by and shall be construed in accordance with the laws of the United Kingdom, without regard to its principles of conflicts of law, or any rules of private international law, that would lead to the application of any other laws. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered on an individual basis (i.e., not as a class arbitration or class action)

If you are an Organization or an individual accessing or using Rights HUB or the Service on behalf of, or for the benefit of, an Organization, the arbitrator will conduct hearings, if any, in-person in the United Kingdom. If you are an individual accessing or using Rights HUB in your individual capacity, (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

If you are neither a resident of the United Kingdom nor an Organization (including an individual access or using Rights HUB or the Service on behalf of, or for the benefit of, an Organization), and if the applicable Dispute does not arise in connection with your use of Rights HUB or the Service while in the United Kingdom, the following will apply: The terms of this Agreement and any Dispute are governed by and shall be construed in accordance with the laws of laws of England and Wales, without regard to its principles of conflicts of law, or any rules of private international law, that would lead to the application of any other laws, and you agree to the exclusive jurisdiction of the courts located in London, England.

Summary:
This Section 18 describes the governing law and the process for resolving any disputes between you and us under these terms.

Monthly fees. Rights HUB is a subscription based service and paid for based on the tier which you achieve at the end of the calendar month for your usage of Rights HUB. Tier pricing may change from time to time but you will be notified of any such changes and given a minimum of 30 (Thirty) days notice.
Non Payment. In the event of non payment of your monthly fee’s your account will be suspended 7 (Seven) days after the payment was due, upon receipt of such payment service shall be resumed, normally within 24 (Twenty Four) hours. In the event of none payment within 28 (twenty eight) days your account will be terminated and all data deleted. If you no longer wish to use Rights HUB services you are advised to download and take local copies of all of the information stored in Rights HUB prior to non payment.

Summary:
We need to be paid as agreed otherwise services will stop.

Information or Complaints. If you have a question or complaint regarding Rights HUB, please feel free to contact us via e-mail at admin@monokrome-music.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us. You may also contact us by writing to us at Monokrome Music Ltd, The Barn Bangle Farm, Stoney Lane, Chantry, Frome, England, BA11 3LH
Ability to Enter Into This Agreement.By using Rights HUB, you affirm that you have the legal rights and are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or legal guardian consent to enter into this Agreement. Notwithstanding the foregoing, minors under thirteen (13) years old are not permitted to access or use Rights HUB or to enter into this Agreement, even if a parent or legal guardian would be willing to provide consent.

Summary:
In order to use RIGHTS HUB, you must be of legal age in your jurisdiction (typically - but not always - 18 years old) or older; if you are not, your parent or legal guardian must consent to these terms for you before you can use RIGHTS HUB. If you are under 13 years of age, you can't use RIGHTS HUB, even if you have consent from your parent or legal guardian.

Contact Us.If you have any questions regarding the meaning or application of this Agreement, please direct such questions to admin@monokrome-music.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on Rights HUB (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variation thereof in this Agreement shall be construed as if followed by the phrase "without limitation". Notices to you (including notices of changes to this Agreement) may be made via posting to Rights HUB, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that 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. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our Affiliates and our and their respective Representatives and those Providers who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with Rights HUB) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Summary:
Section 26 above sets out various miscellaneous provisions, including whether or not these terms can be assigned to someone else and how these terms are interpreted.

Apple-Specific Terms.In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Summary:
Section 27 above is relevant to iOS apps; Apple requests that we include these Apple-specific terms in this Agreement.