By using the Music.Info Finland Ltd. webstore website, you acknowledge that you have read, understand and accept the legal provisions in these terms and conditions (Terms). All materials appearing on this website are protected by copyright and other laws and are the property of Musicinfo. You may not copy, reproduce, distribute, publish, display, modify or share any content on this site to a third party.
The information contained on these Terms is subject to change without notice, Musicinfo solely reserves the right the change the Terms time by time, if you are a regular Musicinfo website user, please check these Terms regularly.
By submitting a purchase order for Musicinfo Digital Music Distribution Service (as defined below), Customer agrees to be bound by these Terms. Unless otherwise agreed in writing by Musicinfo, no other terms and conditions endorsed upon. These Terms are applicable with respect of the Service between Musicinfo and Customer. These Terms do not apply to possible contractual relationship between music platform owner to whom Musicinfo introduces Customer (Third Party, as defined below).
”Musicinfo” shall mean Music.Info Finland Oy, a Finland based company being an expert of music knowledge products and services which offers business integration and consultation for media and music industries.
”Service” shall mean the digital music copyright distribution service tool as described in the current service description, provided by Musicinfo to you. The subscription fee of the Service may contain specific amount of professional services of Musicinfo as further described in the service description.
”Customer” shall mean you, who agree to use the digital music copyright distribution service provided by Musicinfo for purposes of contemplated co-operation with the Third Party.
”Customer’s Affiliates” shall mean musicians under “Customer” record label company management.
”Statement of Work” means a written description of the Service scope to be performed by Musicinfo as an additional service that is signed by Musicinfo and Customer.
”"Third Party" means a Chinese music platform owner described in the Service or other contractor of Musicinfo who desires to seek, evaluate and negotiate upon possible distribution of music content offered by Customer to China market.
Upon terms and limitations and against full and timely payment of applicable fees Musicinfo provides the Service for use of Customer during the term of subscription.
Customer may order access to digital music copyright distribution Service from Musicinfo, a value-added service which is provided by Musicinfo.
Customer acknowledges that Musicinfo has a contractual relationship with the Third Party concerning contacting potential music companies willing to offer their music to the Third Party. The Service is intended to be a tool for introduction of Customer to the Third Party for aforesaid purpose.
Customer decides whether or not it enters into business relationship and content distribution agreement with the Third Party. Musicinfo acts as representative of Third Party, but commercial agreements concerning distribution of content will be entered between Customer and Third Party. Customer acknowledges that Musicinfo is not a party of that contract and assumes no liability for that contract. Musicinfo's obligations are limited to introduction of the parties and providing the Service as an independent contractor.
By ordering Musicinfo Service, Customer and Customer’s Affiliates will get a one year first tier support via email. Professional services and support belonging to standard form Service is limited up to 2 hours of professional service work. Additional hours are ordered by Statement of Work as additional service and charged separately according to then current price list of Musicinfo.
If Customer and Customer’s Affiliates will later enter into agreement with the Third Party, the Third Party shall be the party responsible for providing the digital music copyright distribution services, the Customer as agreed between the Customer and Third Party. The Customer and Customer’s Affiliates will look solely to the Third Party for any loss, claims or damages arising from or related to the provision of such Third Party services. Customer and Customer’s Affiliates hereby release Musicinfo from any and all claims arising from or relating to the services or provisions of the Third Parties services.
Musicinfo cannot accept liability for any charges incurred as a result of documentation signed for and accepted by Customer with the Third Party.
Changes to the scope of the Services are deemed to be additional services subject to separate price and will be made only in a writing executed by authorized representatives of both parties. Musicinfo will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both parties. All such changes to the scope of the Services will be governed by these Terms and the applicable Statement of Work. Each Statement of Work may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original.
Due to the fluctuation of exchange rates, please be aware that the amount charged to your credit card may differ from the price we quote when you agree to pay for a Service or any additional services. The difference (if any) will depend on changes to exchange rates during the period between the moment you book and the moment the charge is reflected in your credit card statement.
In certain circumstances, we may share your personal data/company data with the Third Party for purpose of introducing you/the Customer to a Third Party for purposes of these Terms. In order to commence the Service, subject to consent provided by you, we need to transfer relevant details to the Third Party to identify your identity. This may include information such as your name, contact details (email, address and telephone number), date of birth, passport information, company information and any other information may be needed for personal or company identity identification.
Personal information will be used solely in accordance with the valid description of the personal data register.
If the individual has given its consent to transfer the personal data, Musicinfo is entitled to disclose the personal data to the Third Party located in China, meaning that the personal data is transferred outside the European Union/European Economic Area. Musicinfo does not disclose personal information without consent of individual to any other entities than to the Third Party, except if required by law or court or administrative order, or if it is necessary for the purposes of preventing a breach of law, user terms or good practices.
If the individual has not granted his/her consent referred above, Musicinfo does not transfer the personal data to the Third Party and the Customer cannot order Service. Upon your request we shall provide you information how to proceed.
In order to manage your Service, so that the Third Party can address queries related to your order. In this context, your information is governed by the privacy policies of the Third Party.
In accordance with Finland and European data protection laws, we observe reasonable procedures to prevent unauthorized access and the misuse of personal/company information. We use appropriate business systems and procedures to protect and safeguard the personal/company information you give us. We also use security procedures and technical and physical restrictions for accessing and using the personal/company information on our servers. Only authorized personnel are permitted to access personal/company information in the course of their work.
The right to use the Service is valid as described in the ordering process. In any event the right to use expires within twelve (12) months from your order.
For avoidance of doubt, if he right to use the Service expires, such expiration does not have any affect to the content distribution agreement between Customer and the Third Party.
Musicinfo uses its commercially reasonable efforts to keep the Service available to the Customer. In the event of substantial defect in the Service, Musicinfo shall as a sole remedy to re-perform the Service without additional costs to the Customer. Musicinfo does not warrant availability of the Service, in particular Musicinfo is not liable for any downtime of the Service or access to Third Party services, which are beyond reasonable control of Musicinfo.
Musicinfo provides Service “as is” and hereby specifically disclaims all other warranties, whether express or implied.
THE FOREGOING WARRANTIES SET FORTH THE ENTIRE LIABILITY OF MUSICINFO AND THE FOREGOING WARRANTIES ARE THE ONLY EXPRESS WARRANTY MADE TO THE CUSTOMER. SUPPLIER HEREBY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Except in the event the damage is caused intentionally or by gross negligence, Musicinfo's liability shall in no event exceed the service fee paid by Customer to Musicinfo. Except in the event the damage is caused intentionally or by gross negligence, in no event is Musicinfo liable for any indirect or consequential damages incurred to Customer.
Irrespective of the aforesaid, in the event the Third Party presents claim relating to act or omission of Customer, its Affiliates or contractors towards such Third Party, Customer undertakes to fully indemnify and hold Musicinfo harmless of any costs, claims or damages caused by such claim.
These Terms and contractual relationship between Musicinfo and Customer shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof shall be finally settled in courts of Finland.