Promotion Terms of Use

1. Acknowledge

By using the Music.Info Finland Ltd. Webstore and website (Site), you acknowledge that you have read, understand and accept the legal provisions in these terms and conditions (Terms).

All materials 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 in these Terms is subject to change without notice, Musicinfo reserves the sole right to occasionally change these Terms. Please check these Terms regularly if you are a regular Musicinfo website user.

By submitting a purchase order for Musicinfo Music Video Distribution, Social Media Promotion and Social Media Promotion Pro Services (as defined below), the Customer agrees to be bound by these Terms. Unless otherwise agreed upon in writing by Musicinfo, no other terms and conditions shall be endorsed. These Terms are applicable in respect of the Service between Musicinfo and Customer.

2. Definitions

“Musicinfo” shall mean Music.Info Finland Oy, a Finnish company licensed in music knowledge products and services which offers business integration and consultation for media and music industries.

“Customer” shall mean you, who agree to use the Service provided by Musicinfo with the Musicinfo Partners.

“Service” shall mean the digital music video distribution service, social media promotion service and social media promotion pro service as described in the current service description. The subscription fee of the Service may include various professional services provided by Musicinfo as described in the service description.

“Videos” are defined as the audiovisual recordings submitted to Musicinfo by the Customer. Musicinfo reserves the right to decline any materials including and without limitation to recordings, images and artwork. You agree to submit all recordings, images and artwork at your expense in the format(s) required by Musicinfo or the Service.

“Content” is defined as, including but not limited to, the text, the article, images, news, and news links, which you send to Musicinfo that is used to provide you with the applicable Service. Musicinfo reserves the right to decline any materials that you submit. You agree to submit all necessary materials at your expense in the format(s) required by Musicinfo or the Service.

“Customer’s Affiliates” refers to the musicians under the “Customer” record label company management.

“Musicinfo Partners” refers to all current and prospective Internet services in China, in partnership with Musicinfo.

3. Grant of Rights

The rights granted hereunder shall include: 1) the use of the Videos without limitation to streaming, permanent and temporary digital downloads; 2) the translation and the publication of the Content to Chinese social media as described in the Social Media and Social Media Pro services. The Customer and Customer’s Affiliates agree that the Musicinfo Partners are licensed to utilize your Videos.

By agreeing these Terms, the Customer grants Musicinfo the non-exclusive right:

(a) To sell, copy, distribute or utilize, the Videos and Content by any means, through all current or subsequent Musicinfo Partners.
(b) To use, names, photographs and likenesses, artwork, images, biographical and other information provided by the Customer whose performances are embodied in the Videos, with regards to Musicinfo’s general business.
(c) The Customer and the Customer’s Affiliates are aware of and agree that currently there will be no income derived therefrom. In the chance that any income may be generated, Musicinfo will collect and share with the Customer any possible revenue from the Service.
(d) The Customer will not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of intellectual property rights. The Customer acknowledges and agrees that Musicinfo may disable access to and/or terminate the account and/or remove or disable access to any Videos or any associated materials the customer has provided to Musicinfo in the event that Musicinfo receives any claim that, if true, would constitute a violation of your representation and warranties hereunder.
(e) The customer acknowledges that Musicinfo reserves the right to deny any content that is deemed obscene, inappropriate, hateful, or harmful in anyway or form. It is the sole discretion of Musicinfo and the DSPs to deem what content is appropriate and acceptable to upload and share.
(f)The Customer agrees that Musicinfo may terminate the account if the customer violates the Terms, or in Musicinfo’s discretion is suspected to be infringing intellectual property rights or otherwise engaging in fraudulent activity.
(g) The Customer and the Customer’s Affiliates reserves the right to discontinue any Video or Service and may do so by email of which Musicinfo will comply within 14 business days.

4. Service Fee

In consideration of the Service rendered hereunder, all Videos and Content submitted by Customer and distributed by Musicinfo to the Musicinfo Partners requires that the customer purchase a one-time fee. Musicinfo reserves the right to amend the fee without notice to you. Customer will not be entitled to the reimbursement of any fees with respect to any terminated Videos or Service.

5. Important Information Regarding Exchange Rates

Due to the fluctuation of exchange rates, please be aware that the amount charged to your credit card may differ from the quoted price 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 the purchase was made and the moment the charge is reflected in your credit card statement.

6. Security

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.

7. Term

The Terms of Service shall apply at all times while you utilize the Site or the Services.

8. Limited Warranty

Musicinfo uses commercially reasonable efforts to keep the Service available to the Customer. In the event of a substantial defect in the Service, Musicinfo shall as a sole remedy renew the Service without additional cost to the Customer. Musicinfo does not warrant the availability of the Service, in particular Musicinfo is not liable for any downtime of the Service or the access to Third Party services which are beyond reasonable control of Musicinfo.

Musicinfo provides the 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. THE 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.

9. Limitation of Liability

Except in the event damage is caused intentionally or by gross negligence, Musicinfo's liability shall in no event exceed the service fee paid by Customer to Musicinfo and will not be liable for any indirect or consequential damages incurred to Customer.

In the event that a claim is made between the Third Party and the Customer, its Affiliates or contractors, the Customer takes full responsibility of said claim and will hold Musicinfo exempt of any costs, claims or damages caused by such claim.

10. Miscellaneous

These Terms and the contractual relationship between Musicinfo and the Customer shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof shall be resolved in the courts of Finland.