Terms and conditions of use
Terms and conditions
Welcome to the Octave Music Agency (“OMA”, “we”, “us”) website (www. octavemusicagency.com) (the “Website”).
The following constitutes the agreement between OMA and you regarding your use of the Website and of all the content made available to you on the Website (the “Content”), including :
• all sound recordings, musical works, sounds, audio clips, videos and other elements of our music catalog (the “Music Content”);
• all texts, graphics, photos, videos, codes, data, logos, icons, visuals, software and other elements of the Website (including any combination of such information).
Before we begin...
By accessing and using the Website and the Content, you warrant to us that:
• you are an adult (at least 18 years old or otherwise, according to the laws applicable in your territory of residence).
If you are a minor, you may use the Website only with the permission and in the presence of a parent or legal guardian. You represent that you have all necessary rights to use the Website and the Content.
• you have read, understood and agree to be bound by the Terms and Conditions.
• if you accept these Terms and Conditions on behalf of a corporation or any other legal entity (the “Entity”), you represent that you have the authority to bind such Entity to these Terms and Conditions.
If you do not agree to these Terms and Conditions, you must not access or use the Website or the Content.
Ownership of Content
You agree that OMA, its affiliates, licensors, and partners own or control all of the rights to the Content (including the Music Content). This includes all intellectual property rights, whether such rights are registered or not, and in any territory where such rights exist.
Your use of this Website does not grant you any rights in the Content or the Website, unless expressly authorized by us (see section entitled Licenses Agreements).
Furthermore, the domain name is the exclusive property of OMA. Any usurpation of the domain name through the registration of related domain names is prohibited.
Your use of the Website
In connection with any use of the Website, you agree to:
• use the Website for lawful purposes, within the limits of what is permitted to you. For example, OMA authorizes you to use the Website and the Content for your research and consultation purposes, so you can select the appropriate Music Content and obtain the necessary licenses for its exploitation;
• declare to us all the intended uses if you wish to obtain certain rights regarding the Content, so we can establish the terms applicable to your license;
• agree to receive all communications we deem relevant to your use of the Website, as long as your user account is active.
In connection with any use of the Website, you may not:
• exploit the Content, including downloading, copying, reproducing, creating a derivative work from, distributing, modifying or publishing it, in whole or in part, for commercial purposes or for personal gain, without our written authorization.
To this end, OMA may authorize you to exercise certain rights, through license agreements explicitly agreed to and paid for.
Subject to our other remedies, we may terminate your access to the Website at any time if you (or anyone deemed by OMA to be acting with you) violate our Terms of Use. At all times, you shall be liable for all damages caused by your unauthorized use of the Content
• use a false identity or affiliation; or use ID or access a user account that does not belong to you;
• share your login details (username and password) with a third party—you understand that the access rights are intended exclusively for you that we must at all times know the identity of the persons using our platform;
• upload or publish on the Website any material that (i) is unlawful, obscene, violent or invasive of privacy or third-party rights; or (ii) contains a virus or other harmful component.
• circumvent, delete, modify, disable or otherwise interfere with existing protections on the Website, including those related to the protection of the Content.
• If you have a claim or right against another user of the Website, assert your rights independently, to the full exclusion of OMA ;
• access our Website in a manner contrary to these Terms and Conditions or to the laws and regulations of Canada or the country in which you are located.
License agreements
If you wish to use our Music Content, you must be properly licensed and pay the applicable fees—any unauthorized use of the Music Content (i.e., without a license agreement) infringes the rights of all relevant rights owners.
You understand that we may allow you to download all or part of the Music Content for your research and consultation purposes: this does not constitute authorization to exploit this Music Content in any other context!
To do so, a license agreement must be reached and paid for.
When you purchase one of our licenses, we grant you the non-exclusive and non-transferable right to use the selected Music Content under the specific terms of the applicable license agreement.
In other words, except as expressly provided in the license agreement, no right, title or interest in or to the Music Content is transferred to you.
Hyperlinks
If the Website contains hyperlinks to third-party websites, OMA cannot be held responsible for the content found on these websites.
The presence on the Website of a hyperlink to another website does not mean or imply that OMA approves, sponsors, or recommends the content of that website. Nor does it imply that OMA is affiliated with that website (unless otherwise indicated).
Disclaimer of liability
You agree that:
A) your use of the Website, including downloading anything from the Website, is at your own risk.
The Website is provided on an “as is” basis. Subject to applicable law, OMA makes no warranties of any kind regarding this Website and its Content. You are solely responsible for any damage to your computer system or loss of data that results from the download of any element found on the Website.
B) no data transmitted over the Internet is 100% secure. You therefore understand and agree that any information you submit to us or post on the Website is done so at your own risk.
C) OMA does not warrant that :
• the information on this Website is accurate, complete, reliable or up-to-date;
• the Website will meet your needs or expectations;
• the Website is error-free and will never experience delays or interruptions in service;
• the results obtained from the use of the Website will be accurate and reliable;
• the servers hosting the Website are free of viruses or other malicious software; or
• any errors on the Website will be corrected.
OMA, its employees, directors, officers and agents cannot be held liable for any damages whatsoever resulting from :
• the use or inability to use the Website; or
• unauthorized access to data.
These damages include any punitive damages or damages for loss of profits or for use of data.
This disclaimer applies even if OMA, its employees, directors, officers or agents have been advised of the possibility of such damage, unless the damage results from their personal act.
Compensation
You agree to indemnify and hold OMA harmless from any loss, damage or cost, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand related to your use of the Website, or resulting from your failure to comply with these Terms and Conditions.
Any breach of these Terms and Conditions, including unauthorized use of the Website, may be subject to investigation and legal action, including civil, criminal or injunctive proceedings.
Contact
Les studios Octave, 136 a Rue Saint-Paul E, Montréal, QC H2Y 1G6.
Any inquiries regarding these Terms and Conditions should be directed to OMA at the following email address: info@OMA.com.
Jurisdiction
The Website is operated from Montreal (Quebec, Canada). Any dispute between a user and OMA is subject to the laws of Canada and the province of Quebec. You agree to the exclusive jurisdiction of the courts of the city of Montreal (Quebec, Canada), in the event of any dispute or proceeding arising out of or related to the use of the Website or the Content.
Changes to the Website and Content
OMA may make any changes it deems appropriate to the Website and to the Content. This includes any changes to its business model and the manner in which it operates the Website, including the discretion to discontinue, suspend or otherwise interrupt its services.
Any changes to the Terms and Conditions of this Website are published on this page.
Other provisions
The Terms and Conditions constitute the entire agreement between you and OMA regarding your use of the Website. The Terms and Conditions supersede any prior agreements between you and OMA.
If any discrepancy arises between the French and English versions of the Terms and Conditions, the French version prevails.
Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or other form of joint venture between you and OMA.
No failure by OMA to exercise or enforce any right or provision of the Terms and Conditions shall be construed as a waiver of such right or provision.
If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be deemed unwritten and non-existent, and such invalidity or unenforceability shall not invalidate the remaining provisions. The provision deemed invalid or unenforceable shall then be replaced by a legal, valid and enforceable provision reflecting as closely as possible the original intention.