Please Read Carefully. If you do not agree with any of the Terms of Services then you should not use the website or any of the services.
Ullplay requires that you are at least 13 years of age or have your parent(s) or legal guardian(s) permission to use the service and that all registration information you submit is accurate and truthful. Ullplay also expects every user to respect all other users of the service and to abide by all the terms of service and guidelines that govern the website or any features within the website. Ullplay we not tolerate any racism, discrimination, bullying or misuse of the service in any way and will remove any offenders.
By uploading to the service you just grant Ullplay a licence to use your content until such content is removed. Ullplay will never own your music or pictures. You must own everything you upload. No copyright material is allowed any such material will be removed. You are responsible for your content; it is your duty to provide all necessary licences or permissions. Be sure before you submit your content any breaches of copyright could lead to court proceedings.
Ullplay allows you to set your own price and sell your music downloads. We do not store and credit or debit card details. In order to provide such a service, Ullplay will receive a revenue share of your download sales set at the rate on our pricing page. Ullplay also allows every musician the chance to receive stream revenue. Ullplay gives back revenue received from audio ads to musicians that enable stream revenue. For more information see our pricing page.
You can terminate your account with Ullplay at any time by using the feature provided or by e-mailing us at firstname.lastname@example.org All licences you granted us will end from that point and any revenue owed is non-refundable.
Yes it's free. There are no hidden costs or sign up fees. All transaction fees are covered by the buyer. All Ullplay requires is that you abide at all times by all the terms and guidelines which are subject to change at any time. Any changes will have to be agreed before you can continue to use the service.
Ullplay will not be held responsible for your behaviour or any content you submit to the service and by agreeing to the terms of service you hereby release Ullplay from any legal or court proceedings or action that may occur from your use of the service.
The Terms of Service, and your relationship with Ullplay under the Terms of Service, shall be governed by English law.
1(a) Your legal agreement with Ullplay is made up of:
The Terms of Service set out in this document,
Ullplay's Community Guidelines,
Ullplay's Advertising Guidelines.
1(b) The Terms of Service set out in the above section 1(a) and any other Terms of Service specifically referred to in any of those documents, constitute a legally binding agreement between you and Ullplay in relation to your use of the website and its services. It is important that you take the time to read them all very carefully.
1(c) The Terms of Service apply to all users of the service, including users who are also contributors of content, on the service. 'Content' includes any usernames, user submissions, audio clips, music, sounds, sound recordings, musical works, compositions, photographs, pictures, graphics, names, likenesses, images, comments, copyrights, trademarks, service marks, logos, biographical information, chat, messages, files, code, data, metadata, text, software, links, your registration information, content from your Third-Party Account, and any other information or materials you may view, on access through or contribute to the site or service.
2(b) You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.
2(c) You understand and agree that by accessing or using the service, represents that you understand and agree all Terms of Service set out in this document.
2(d) In order to use the service, you must:
Firstly agree to the Terms of Service
Be at least 13 years of age or have your parent(s)' or legal guardian(s)' permission to use the service.
2(e) Ullplay will treat your use of the service as acceptance of the Terms of Service from that point onwards.
2(f) You may not use the service if:
You do not accept any of the Terms of Service,
You are not of legal age to form a binding contract with Ullplay,
You are a person who is either barred, banned or suspended from using the service,
Or otherwise legally prohibited from receiving or using the service under the laws of the country in which you are resident or from which you access or use the service.
2(g) If you do not agree to any of the provisions set out in these Terms of Service or any other policies referred to in this document, then you should not use the website or any of the services.
2(h) You should print off or save a copy of the Terms of Service for your own records.
3(a) Ullplay reserves the right to change, alter, replace, suspend, discontinue or otherwise modify these Terms of Service at any time including without limitation, the availability of any feature, database, or content at any time.
3(b) If you do not agree to any of the modified Terms of Service you must stop using the service.
3(c) It is your responsibility to check these Terms of Service for changes. Therefore you must look at the Terms of Service regularly to check for such changes.
3(d) No modifications to these Terms of Service will apply to any dispute between you, Ullplay and any third parties, which arose prior to the date of such modification.
4(a) You agree that you will be solely responsible to Ullplay and to others for all activity that occurs under your Ullplay account.
4(b) You agree to:
Provide us with up to date, accurate and complete information. Failure to provide such information shall constitute a breach of these Terms of Service and conditions, which may result in the termination of your Ullplay account.
Keep your Ullplay account password secure and confidential.
Notify Ullplay immediately of any breach of security or unauthorised use of your Ullplay account.
4(c) You agree not to:
Select or use as a user ID, organisation, company, username or name of another person with the intent to impersonate that person.
Use as a user ID, organisation, company, username or name subject to any rights of a person other than you without appropriate authorization.
Use as a user ID, organisation, company, username or name that is otherwise offensive, vulgar or obscene.
Lease, rent, hire, purchase or sell any user ID or usename.
Disclose any information regarding fees and payments including stream revenue and shared revenue to anyone except your local tax authorities.
4(d) Ullplay in its sole discretion reserves the right to refuse registration of, or cancel a user account.
4(e) You understand that you are responsible for keeping your account active. If you do not log in to an account for Twelve (12) Months or more from the date of the last log in, the account may be considered inactive. Inactive accounts may be permanently removed without notice.
4(f) You understand that you are responsible for maintaining access to the email address associated with your account. We are unable to restore access to your account if you lose access to the email address associated with the account.
4(g) You shall never use another user's account without such other user's permission.
4(h) You will immediately notify Ullplay in writing of any security breach, unauthorized use of your account, or other account related security issues of which you are aware.
5(a) Ullplay hereby grants you permission to access and use the service, subject to the following conditions (below), You agree that your failure to abide to any of these conditions shall constitute a breach of these Terms of Service on your part:
5(b) You agree not to distribute any part of or parts of the website or the service, including any content, in any medium unless you have Ullplay's prior written authorisation or if Ullplay makes available the means for such distribution within the service.
5(c) You agree not to alter or modify any part of the website or any of the service,
5(d) You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the service or features that:
Prevent or restrict use or copying of content,
Enforce limitations on use of the service or the content accessible via the service.
5(e) You agree that unless you obtain Ullplay's prior written approval, not to use the service for any of the following commercial uses:
The sale of access to the service.
The sale of advertising, promotions or sponsorships placed on or within the service, or content.
The sale of advertising, promotions or sponsorships on any page of a website or an ad-enabled blog containing content delivered via the service unless material not obtained from Ullplay appears on the same page and is of sufficient value to be the basis for such sales.
5(f) Prohibited commercial uses shall not include:
Linking or attaching an original video to Ullplay.
Maintaining an original account on the website in order to promote a business or artistic enterprise.
Any use that is expressly authorised by Ullplay in writing.
5(g) You agree not to use or launch any automated system that accesses the service in a manner that sends more request messages than humanly possible to the Ullplay servers in a given period of time, by using a standard web browser, (including, without limitation, any robot, spider or offline reader).
5(h) You agree not to collect or harvest any personal data including account names of any user of the website or any service.
5(i) You agree not to use the any part website or its services including the comments and email, for the solicitation of business in the course of trade or in connection with a commercial enterprise.
5(j) You agree not to solicit, for commercial purposes, any users of the website with respect to their content.
5(k) You agree not to access content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the service.
5(l) You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, transfer any of the rights that you receive hereunder or otherwise exploit any content for any other purposes without the prior written consent of Ullplay or the respective licensors of the content.
5(m) You shall abide by all applicable local, state, national and international laws and regulations.
5(n) You agree that you will comply with all of the other provisions of the Terms of Service and the Ullplay Community Guidelines at all times during your use of the service.
5(o) Ullplay reserves the right to investigate and take appropriate legal action against anyone who, violates any provision set out in this document.
5(p) Ullplay grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ullplay reserves the right to revoke these exceptions either generally or in specific cases.
5(q) You acknowledge and agree that the service which Ullplay provides may change form and nature from time to time in order to provide the best possible experience for its users. with or without prior notice to you.
5(r) As part of this continuing innovation, you acknowledge and agree that Ullplay may stop permanently or temporarily providing the service or any features within the service to you or to users, without prior notice to you.
5(s) You may stop using the service at any time; you do not need to inform Ullplay when you stop using the service.
5(t) You agree that you are solely responsible for the consequences including any loss or damage which Ullplay may suffer and that Ullplay has no responsibility to you or to any third party for any breach of your obligations under these Terms of Service.
5(u) Ullplay has no obligation to monitor the site, service, content, or user submissions. However, Ullplay reserves the right to:
Remove, edit or modify any content in its sole discretion, including any user submissions, from the site or service at any time, without notice to you.
Remove, edit or modify any content for any reason including, claims or allegations from third parties or authorities relating to such content.
6(a) You are responsible for all of your activity and your content in connection with the service and the consequences of posting or publishing such content.
6(b) You understand that Ullplay does not guarantee any confidentiality with respect to content and does not endorse any content.
6(c) You understand and agree that Ullplay expressly disclaims any and all liability in connection with content and that you are solely responsible for your own content opinion, recommendation, or advice expressed therein.
6(d) You represent and warrant that you have and will continue to have during your use of the service all necessary licenses, rights, consents, and permissions which are required to enable Ullplay to otherwise use your content in the manner set out in this document.
6(e) You retain all of your ownership rights in your content, but you are required to grant limited licence rights to Ullplay and other users of the service.
6(f) You agree that your conduct and all your content on the site will comply with the Ullplay Community Guidelines.
6(g) You agree that you will not post or upload any content which contains material which it is unlawful for you to own in the country in which you are resident, or which it would be illegal for Ullplay to use or possess in connection with any provision of the service
6(h) You agree that content you submit to the service will not contain any third party copyright material, or material that is subject to other third party proprietary rights including rights of privacy or rights of publicity, unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled to.
6(i) Ullplay reserves the right but shall have no obligation to decide whether content complies with the content requirements set out in these Terms of Service and guidelines and such content may be removed or the user's access may be terminated at any time, without prior notice and at its sole discretion.
6(j) You further understand and acknowledge that in using the service, you may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ullplay with respect to any such content.
6(k) You understand that the service including, without limitation, any content submitted is provided only for your own personal, non-commercial use, except with respect to.
Individual recording artists.
Collections of recording artists.
Artist Entities or represented artists selling music or merchandise.
Other content as authorized through the service.
6(l) You shall not and shall not permit any third party to either:
Take any action or:
Upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, including without limitation any user submission, that:
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contract.
Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane.
You know is false, misleading, untruthful or inaccurate.
Exploits people in a sexual or violent manner.
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming").
Involves commercial activities and/or sales without Ullplay's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Ullplay or any third party.
Impersonates any person or entity, including any employee or representative of Ullplay.
6(m) You hereby acknowledge and agree that we may, at our sole discretion, disclose user content in order to:
Comply with law enforcement, court orders, or the legal process.
Protect the rights and safety of individuals.
Settle disputes over intellectual property ownership.
6(n) You understand and agree that in connection with the rights granted herein, we have the right, but no obligation, to remove, monitor, market, promote, advertise, or otherwise use your user content.
7(a) When you upload or post content to Ullplay, you grant: to Ullplay:
A worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable and transferable licence to use, stream, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the provision of the service and Ullplay's business, including without limitation for promoting and redistributing part or all of the service in any media formats and through any media channels.
To use user content, including names, pictures, likenesses, images, voices, performances, biographical materials, and web links to websites that you control, in each case in connection with marketing, advertising, or promoting user content, you, the site, the services, or us.
To each user of the service, a worldwide, non-exclusive, royalty-free licence to access your content through the service, and to use, stream, reproduce, distribute, prepare derivative works of, display and perform such content on any and all devices owned or controlled by the user to the extent permitted by the functionality of the service and under these Terms of Service.
7(b) The above licenses granted by you in content terminate when you remove or delete your content from the website. The above licenses granted by you in textual comments you submit as content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights.
7(c) If you have affiliated with a performance rights organization ('PRO') with respect to your public performance rights, such as BMI, ASCAP, or SESAC, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. It's your reasonability to check the scope of your rights of you can grant to Ullplay.
7(d) Ullplay have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your user content as authorized in these Terms of Service and Conditions.
8(a) Ullplay will not tolerate any infringements of copyright in relation to any content uploaded or linked to the service. You must abide by the Copyright Policy at all times.
8(b) Ullplay will terminate user access to the service if a user has been determined to be a repeat offender of copyright material. A repeat offender is a user who has previously been notified for infringing the Copyright Policy.
9(a) You represent and warrant, and can demonstrate to Ullplay's full satisfaction upon request, that:
You own or control all necessary rights in and to the user content, and you have the full right and authority to grant the rights, licenses, and permissions in these Terms of Service.
The content in such user submissions is in the public domain or direct licensed.
You have full authority to act on behalf of any and all owners of any right, title or interest in and to any music you upload to the service and to the artworks.
You have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information.
Content does not violate any laws or otherwise infringe upon the rights of any person or entity, including:
Privacy, publicity, or other personal or proprietary rights.
That contains libellous, defamatory or otherwise unlawful materials.
9(b) It is your obligation to secure all appropriate permissions, licenses, authorizations, clearances or agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to:
Artists, bands, projects and members.
Authors and co-authors.
Copyright owners and co-owners.
Producers and publishers.
Any other person who performed in the making or creating of your user content and in connection with:
Digital phonograph delivery royalties.
Public performance royalties.
Payments that may be required under any collective bargaining agreements or statutory schemes.
Any other royalties, fees, and/or sums payable with respect to your user content.
9(c) You agree to pay all royalties and other amounts owed to any person or entity, including any PROs, due to your submission to the service.
9(d) You represent and warrant that under this agreement, as authorized no fees of any kind shall be due to any third party, including, but not limited to, any non-featured vocalist or musician, union, guild, engineer or producer, for the use or re-use of your music.
9(e) If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting Ullplay the right and license, then you are prohibited from uploading your music to the service and shall be responsible for indemnifying and holding Ullplay harmless from and against any and all claims arising from the exploitation of your music on the service, including all court costs and legal fees.
10(a) With the exception of content submitted to the service by you, You agree that the service contains content on the service is either owned by, provided by or licensed to Ullplay or Ullplay 's licensors, and is subject to:
Copyright and trade mark rights.
Patents and trade secrets.
Other intellectual property rights and laws.
10(b) You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right. Without the prior written consent of Ullplay.
10(c) You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the service.
11(a) The service may include hyperlinks to other web sites that are not owned or controlled by Ullplay and are not under Ullplay's control, and assumes no responsibility for, the content, functions, accuracy, legality, appropriateness. privacy policies or practices or any other aspect of such websites or resources of any third party websites.
11(b) You further acknowledge and agree that Ullplay shall not be responsible or liable, directly or indirectly for:
The availability of any such external sites or resources.
Any loss or damage.
And does not endorse any advertising, products or other materials on or available from such web sites or resources.
11(c) You acknowledge and agree that Ullplay is not responsible such external sites or resources.
12(a) You may purchase products and/or services from an artist through the site, Each such purchase is called a 'Transaction'.
12(b) You warrant that if you enter into a transaction, then you shall be able to make full and immediate payment for the requested products or services.
12(c) You understand that tax will be charged in countries or states where digital goods are taxable at the sales tax rate in effect at the time you purchase the product.
12(d) Ullplay is not responsible for refunds except as provided in this agreement. All inquiries regarding transactions will be directed to the relevant artist.
12(e) Except where prohibited by law all sales of digital content are final, unless otherwise determined by Ullplay.
12(f) If you do not receive the digital content or otherwise have an issue with the digital content delivered then please contact Ullplay immediately with proof of payment. Ullplay will try to resolve your issue with the relevant artist.
12(g) At Ullplay's sole discretion, you may be credited or refunded for the digital content.
12(h) You acknowledge and agree that you should not knowingly purchase any content that is in breach of any of the Terms of Service and Copyright laws. Such purchases will not be refunded, cannot be guaranteed and could jeopardize your use of the service.
12(i) You understand that while creating your advertisement that your payment method will be automatically charged once your adverts campaign has expired. Your payment method will continue to be charged until recurring payments is disabled on this campaign.
12(j) You acknowledge that when you enable recurring payments after creating an advert that your payment method may not be charged now, but it will be charged automatically once your adverts campaign has expired unless you disable recurring payments before your current campaign expires. Your payment method will continue to be charged until recurring payments is disabled on this campaign.
12(k) Artists will set their own prices for their products with the rights to change those prices at any time.
12(l) Ullplay shall be entitled to (Revenue Share) a share of the revenue you receive from all transactions in accordance with the rate set. Transaction may take up to 48 hours to process. For more information please check our pricing page.
12(m) Artists shall be entitled to a share of the 'Stream Revenue' that Ullplay receives for sharing your music. In accordance with the rate schedule set. For more information please check our pricing page.
12(n) To enable stream revenue Ullplay will review your account to ensure it is in good standing before stream revenue is enabled. This process may take up to 48 hours.
12(o) Ullplay will not be held reasonable for any taxes added to your product. You the artist must add the appropriate tax depending on your country of residents and pay the appropriate tax fees due to your local tax authorities.
12(p) Ullplay may redistribute on a no-fee basis to the user previously purchased copies of your products to users who have received a:
Corrupted copy of your product.
An incorrect file format version of your product.
An incomplete copy of your product.
Or suffered a loss of your product through hard drive failure, damage, theft or destruction.
12(q) You further understand that in respects to the above section 12(p) that if such issues should arise. Ullplay will keep a copy of your content for one month after the date of removal, including without limitations any termination of your account.
12(r) You shall be solely responsible and liable for, and Ullplay shall have no responsibility or liability for any
PayPal or Stripe fees (except for fees charged on Ullplay's PayPal and Stripe accounts).
Credit card transaction fees.
Bad debts (such as credit card returns or fraud).
Disputed payments, and refunds.
12(s) It may be required by applicable law, rule or regulation for Ullplay to withhold any taxes, duties, charges or levies on payments by Ullplay to you pursuant to this agreement. such withheld taxes, duties, charges or levies will be forwarded to the appropriate Tax authority.
12(t) In order to correct any inaccurate listing or technical problems on the site Ullplay retains the right, but does not have the obligation, to immediately.
Halt the offering or sale of any goods or services.
Prevent or restrict access to the site or the services or,
Take any other action in case of:
Actions prohibited by the Terms of Service and guidelines contained on the site.
Or for any other reason.
12(u) Ullplay may immediately halt the offering or sale of any goods or services upon notifications of any infringement.
13(a) You acknowledge that all content submitted for adverts is subject to all the Terms of Service set out in this document including the Copyright Policy, Community Guidelines, Private Policy and the Advertising Guidelines.
13(b) You acknowledge that Ullplay does not give any financial or digital refunds for any adverts that breach any of Terms of Service set out in this document.
14(a) If you want to terminate your legal agreement with Ullplay at any time, you may do so by:
Notifying Ullplay at any time.
Closing your Ullplay account.
14(b) You understand and agree that any fees paid or owed hereunder are non-refundable, except as provided in this agreement. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14(c) Ullplay may with or without prior notice and at any time terminate its legal agreement with you if:
You have breached any provision of the Terms of Service.
You have acted in manner which clearly shows that you do not intend to comply with the provisions of the Terms of Service.
Ullplay is required to do so by law (for example, where the provision of the service to you is, or becomes, unlawful).
Ullplay is transitioning to no longer providing the service to users in the country in which you are resident or from which you use the service.
The provision of the service to you by Ullplay is, in Ullplay's opinion, no longer commercially viable.
14(d) Ullplay may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information, associated with your membership, including, without limitation, any access to any music you may have purchased through the service.
14(e) Ullplay have no obligation to maintain copies of any deleted information.
14(f) When these Terms of Service come to an end, all of the legal rights, obligations and liabilities that you and Ullplay have benefited from, been subject to (or which have accrued over time whilst the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18(e) shall continue to apply to such rights, obligations and liabilities indefinitely.
15(a) Nothing in the Terms of Service shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
15(b) You acknowledge that Ullplay has no control over and no duty to take any action regarding including content accessed through third party websites:
Which user's gains access to the site.
What content you access via the site.
Offensive or inappropriate material.
Legality or decency of material.
What effects the content may have on you.
How you may interpret or use the content.
Your use of the service will meet your requirements.
Your use of the service will be uninterrupted, timely, secure or free from error.
Any information obtained by you as a result of your use of the service will be accurate or reliable.
That defects in the operation or functionality of any software provided to you as part of the service will be corrected.
What actions you may take as a result of having been exposed to the content.
15(c) You release Ullplay from all liability for you having acquired or not acquired content through the site.
15(d) No conditions, warranties or other Terms of Service (including any implied Terms of Service as to satisfactory quality, fitness for purpose or conformance with description) apply to the service except to the extent that they are expressly set out in the Terms of Service.
15(e) The service is provided 'as is' and 'as available' and Ullplay makes no warranty or representation to you with respect to them.
15(f) Ullplay, and its directors, employees, agents, suppliers, partners and content providers do not warrant that:
The service will be secure or available at any particular time or location.
Any defects or errors will be corrected.
Any content or software available at or through the service is free of viruses or other harmful components.
The results of using the service will meet your requirements. Your use of the service is solely at your own risk.
15(g) Ullplay makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site.
15(h) Ullplay will not be liable for the privacy of:
E-mail addresses and passwords.
Registration and identification information.
Confidential or trade-secret information.
Other content stored on Ullplay's equipment, transmitted over networks accessed by the site, or otherwise connected with your use of the service.
16(a) Subject to the overall provision, nothing in these Terms of Service shall exclude or limit Ullplay's liability for losses or damages which may not be lawfully excluded or limited by applicable law. Ullplay shall not be liable to you for any indirect or consequential losses which may be incurred by you by you as a result of: This shall include:
Any loss of profit whether incurred directly or indirectly.
Any loss of goodwill or business reputation.
Any loss of opportunity.
Any loss of data suffered by you.
For any bugs, viruses, Trojan horses, regardless of the source of origination.
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service.
Any changes which Ullplay may make to the service or any features within the service.
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the service.
Your failure to provide Ullplay with accurate account information.
Your failure to keep your password or Ullplay account details secure and confidential.
16(b) The limitations on Ullplay's liability to you in paragraph 16(a) above shall apply whether or not Ullplay has been advised of or should have been aware of the possibility of any such losses arising.
16(c) You agree and understand that if a dispute arises between one or more participants in a merchandise transaction then you release Ullplay and its affiliates, authorized sublicenses and distributors, and each of their employees, contractors, directors, suppliers and representatives, from any and all liabilities, claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
16(d) Ullplay does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such merchandise transaction.
16(e) Artists are individually responsible for compliance with all consumer rights laws, applicable to their merchandise transactions, including EU Consumer Rights Laws.
17(a) You hereby agree to defend, indemnify, and hold Ullplay and our subsidiaries, affiliates, directors, officers, agents, contractors, partners, employees, co-branders, advertisers, and other partners harmless from and against any and all claims, losses, liabilities, damages, costs, expenses, or demands, including reasonable Legal fees and court costs that due to or arising out of or related to:
Your use of the site or services.
Your violation, infringement or breach of any representation, warranties or other Terms of Service in these Terms of Service or any third party using the your account.
Any dispute between you and any other user of the site or services without limitation.
Your violation of any rights of any third party.
Any and all claims by a third party owning, controlling or claiming any right in or to your music, including claims for:
Use or re-use fees of any intellectual property or other right of any person or entity.
17(b) If a claim is made we will have the right to withhold payment of any monies due you, in an amount reasonably related to the claim and potential expenses.
17(c) You agree to reimburse us and our related parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this section.
18(a) The Terms of Service constitute the whole legal agreement between you and Ullplay and govern your use of the service and completely replace any prior agreements between you and Ullplay in relation to the service.
18(b) You agree that:
Ullplay may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the service.
Ullplay does not enforce or exercise any legal right or remedy which is contained in the Terms of Service shall not be deemed a waiver of any further rights hereunder and that those rights or remedies will still be available to Ullplay.
If any court of law, rules that any provision of these Terms of Service is invalid, then only that provision will be limited or removed from the Terms of Service without affecting the rest of the Terms of Service so that these Terms of Service will otherwise remain in full force and effect, Valid and enforceable.
18(c) You acknowledge and agree no other person or Ullplay shall be a third party beneficiary of the Terms of Service.
18(d) The Terms of Service, and your relationship with Ullplay under the Terms of Service, shall be governed by English law.
18(e) You and Ullplay agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms of Service and that Ullplay shall still be allowed to apply for injunctive remedies in any jurisdiction.
Dated: November 23 2015