Website Terms and Conditions
AUVIMA WEBSITE TERMS AND CONDITIONS -
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
These terms tell you the rules for visiting and using our website auvima.com and all subsites domains and sub-domains within it (“Website”). Please note that other terms may also apply to your use of the Website, in particular where you purchase any of the services featured on the Website.
1. Who we are and how to contact us
www.auvima.com is a website operated by MALLYWOOD Films & Music Ltd. whose registered company in England and Wales (Chamber of Commerce number: 11441901) (“AUVIMA”, “us”, “we” and “our”).
You can contact us by writing to us at support@auvima.com.
2. Acceptance of these terms
By using the Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Website. We recommend that you print a copy of these terms for future reference.
3. Other terms that may apply
These terms of use refer to the following additional terms, which also apply to your use of our Website:
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
• If you purchase services from us and/or open an Account, our Services Terms and Conditions will also apply in addition to those of Hyperwallet, the company whose payment services we use to deliver payments to you (if applicable). Those Hyperwallet payment services are subject to the Hyperwallet Terms of Service. For information on Hyperwallet’s use of your personal data please see the Hyperwallet Privacy Policy.
4. Changes to these terms
We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
5. General operation of our Website
We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities.
The Website itself is made available free of charge. To be clear, however, there is a charge for purchasing any services featured on our Website.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal as appropriate under the circumstances (e.g. by displaying a prominent notice on the Website).
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. Keep your Account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures when creating your Account, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. This right applies in addition to any right we have to suspend and/or close your Account under the Services Terms and Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@auvima.com
7. Using material on our Website
We are the owner or the licensee of all intellectual property rights in our Website and all content thereon. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors, including artists) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
All AUVIMA trademarks, service marks, trade names, logos, domain names, and any other features of the AUVIMA brand (the “AUVIMA Branding”) incorporated by us on the Website are our sole property (or of our licensors), and we do not grant you any rights to use any AUVIMA Branding.
8. Do not rely on information on this Website
The content on our Website is provided for general information and/or promotional purposes only. Any music industry guides, FAQs and other general information is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
9. User-generated content available on the Website
This Website may include information and materials (including sound recordings and videos) uploaded by other users of the Website, including to the Artist Subsite pages. This information and these materials have not been verified or approved by us. Any views expressed by other users on our Website do not represent our views or values. All content uploaded by others to our Website must comply with the content standards set out in our Acceptable Use Policy.
If you wish to complain about content uploaded by other users, please contact us on support@auvima.com
10. Our responsibility for loss or damage
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and liability for fraud or fraudulent misrepresentation.
If we fail to comply with these Website Terms and Conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.
To the extent permitted by applicable law, we shall not be liable to you for business losses (including (without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill or reputation) nor loss of anticipated savings, and we exclude all implied conditions, warranties, representations or other terms that may otherwise apply to our Services and/or the Website or any content on it.
To the extent that applicable law does not allow the exclusion of certain terms or the limitation or exclusion of certain damages (including because you are using the Services as a consumer), the relevant exclusions or limitations set out above will not apply in relation to our contract with you.
11. Indemnity you give us
You agree to indemnify us, our affiliates and our and their respective directors, officers, agents, employees, shareholders, partners and independent contractors (collectively, “Indemnified Parties”) on demand against any and all claims, actions, proceedings, liabilities, demands, damages, losses, expenses or costs (including reasonable legal fees and costs) (“Claims”) suffered or incurred by an Indemnified Party arising out of any breach, or alleged breach, by you of these Website Terms and Conditions, or as a result of any Claim by a third party based on any facts which, if substantiated, would constitute such a breach.
12. Use of personal information
We will only use your personal information as set out in our Privacy Policy, although please note that, if you purchase services from us, the Hyperwallet Privacy Policy also contains information about how your personal information is used by Hyperwallet.
13. Viruses and misuse
We are not responsible for viruses and you must not introduce them.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack the Website via a denial of service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our Website will cease immediately.
14. Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The Website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
15. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. Where you have signed up for an Account, we will contact you if we plan to do this. If you are unhappy with the transfer you may contact us to close your Account by writing to us at support@auvima.com.
16. Which country’s laws apply
Please note that these Website Terms and Conditions, their subject matter and their formation, is governed by English law. However, if you are a consumer, you will still benefit from any mandatory provisions of the law of the country in which you usually reside and nothing in these Website Terms and Conditions, including the foregoing sentence, affects your rights as a consumer to rely on such mandatory provisions of local law. To the extent permitted by applicable law, you and we both agree that the courts of England and Wales will have exclusive jurisdiction.
London, United Kingdom, 1st of August, 2021