Terms and conditions

It’s a well known fact that If artists and composers are not paid for their creativity they will stop writing, recording and performing new music. This will be a loss to everyone who uses and enjoys music so please do not steal it or use it in an unauthorised way.

Introduction

These terms and conditions govern your use of our website.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
Our website uses cookies: by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

General

The 265 ENT MAG service is an online service for the business market. Dubbed as The Malawi music for the professional market delivering high quality audio files (44.1 kHz, stereo, uncompressed WAV files).

It enables broadcasters, production companies, advertising agencies, games developers and other users in the professional market to research, audition and download music for use in a production or other licensed service.

For the avoidance of doubt, the recordings and musical works downloaded from this service cannot be used for background music or jukebox services without prior written agreement from 265 ENT or the content owner.

The copyrights in the sound recordings and musical works are licensed and the receiving user is not permitted to copy or reproduce these copyrights.

If you use the 265 ENT MAG service you agree to be legally bound by the terms outlined in these terms. 265 ENT MAG reserve the right to change these terms at any time and by using the service you agree to be legally bound by whichever version of these terms is then in force, so please review them regularly.

The recipient must have the technical ability to receive and play the service. This will include, but is not limited to, speakers, email address, flash and a popular and recent internet browser. The requirements may change from time to time as technology changes and these will be published on the front page.

Conditions Of Use

This document (the “Agreement”) is a legally binding agreement between you and 265 ENT that governs your use of their software application and online service. Please note that you must read and agree to the terms and conditions of this Agreement before you use the 265 ENT service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the 265 ENT MAG application or website.

Contract Information

By ticking the “I agree” box (including but not limited to the on-line access to the 265 ENT MAG web site) you confirm that you are 18 years of age or more, that you have your residence in one of the countries in which 265 ENT MAG provides the service, that any registration information that you submit to 265 ENT MAG is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the 265 ENT Privacy Policy.

Grant of Licence

265 ENT grants you a limited, non-exclusive, revocable license to use the service for the purpose of using the music for a licensed public performance or broadcast. This includes (but not limited to) television, radio and film broadcast, corporate promotional/safety or training video, and multimedia mediums in which the music has been licensed for that purpose and that it is considered by 265 ENT to be a public performance.

It is the responsibility of the user and his/her affiliated company who is transmitting the music to ensure they/it has the necessary licenses for both the musical work and the sound recording. You do not have the right to use this service for personal use and nor do you have the right to transfer or sublicense your rights under this Agreement.

This service does not include licences for a subsequent recording or synchronisation of the music or the broadcast or communication to the public of the works or recordings.
For further information on licensing, please contact COSOMA.

License of 265 ENT MAG Service

By ticking the “I agree” box you agree to pay the fee for the 265 ENT MAG service in accordance with the prices published on the 265 ENT website (as amended from time to time) and in accordance with 265 ENT’s standard invoicing procedures.

All prices stated on the 265 ENT website are exclusive of VAT and other applicable taxes and fees. The commitment period for access to the 265 ENT service is limitless.

Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):
copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the 265 ENT application/service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;

  • use the 265 ENT service to research, listen to or download music for personal use;
  • use the 265 ENT service to source music that is subsequently used on a consumer download or streaming site without prior approval from 265 ENT MAG.
  • use the 265 ENT service to source music for background music systems or jukeboxes without prior approval from 265 ENT;
  • provide your password to any other person or use any other person’s user name and password.
  • Your user name and password is your responsibility and you are solely responsible for all activity that takes place under your account;
  • reverse-engineer, decompile, disassemble, modify or create derivative works based on the 265 ENT application/service or any part thereof;
  • assist anyone to or to attempt to, reverse engineer, de-compile, disassemble, modify, copy, lend, hire, sub-license, create derivative works from, distribute, commercially exploit or transfer in any other way the 265 ENT service in whole or part;
  • use the 265 ENT service to distribute software viruses or other harmful programs;
  • rent or lease any part of the 265 ENT application/ service; and
    use the 265 ENT application/service in a way that violates the terms of this Agreement.
  • use any audio files or data from the 265 ENT… For Media service to compete commercially with 265 Entertainment Ltd trading as 265 ENT MAG, or any of its subsidiaries, joint ventures or commercial partnerships.
  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; access or otherwise interact with our website using any robot, spider or other automated means;
    violate the directives set out in the robots.txt file for our website; or
    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  • You must not use data collected from our website to contact individuals, companies or other persons or entities.
    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  • In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the 265 ENT application / service and its content. For further information on licensing, please CONTACT COSOMA.

Advertising and use of your computer resources

As consideration for your rights under this Agreement, you agree that

(i) 265 ENT MAG and its business partners have a right to provide advertising and other information to you in relation to other 265 ENT MAG services, and that

(ii) 265 ENT has a right to allow the 265 ENT application / service to utilise the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the 265 ENT application / service, and to facilitate the operation of the network on which the 265 ENT application / service runs.
Customer support

If you have any questions concerning the 265 ENT application / service or this Agreement, please contact 265 ENT customer service by visiting the 265 ENT web site.

Term and termination

This Agreement will become effective in relation to you when you have ticked the “I agree” box when signing up for the 265 ENT service and will remain effective until terminated by you or 265 ENT.

By visiting the 265 ENT MAG website you agree to the terms and conditions of us You may cancel your 265 ENT account at any time by informing 265 ENT via the web site which shall have effect immediately.

If you subscribe to any of our services, you have the right to unsubscribe at any time. This means that 265 ENT is under no obligation to refund any unexpired portion of your contract you have already paid for. 265 ENT MAG reserves the right to terminate this Agreement or suspend your 265 ENT service at any time if in our sole opinion you are using and/or are downloading tracks inappropriately, or there is a suitable reason why the service needs to be withdrawn.

If 265 ENT terminates this Agreement, or suspends your 265 ENT use, for any of the reasons set forth in this section, 265 ENT shall have no liability or responsibility to you, and 265 ENT will not refund any amounts that you have previously paid.

Warranty

The use of the 265 ENT application / service (including but not limited to its content) is at your own risk. The 265 ENT application / service is provided on an “as is” and “as available” basis. There is no warranty, expressed or implied, as to the quality, content and availability or fitness for a specific purpose of the 265 ENT application / service.

In addition, 265 ENT does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the 265 ENT service or any hyperlinked website, or featured in any banner or other advertising. Consequently, 265 ENT MAG will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the 265 ENT MAG service.

As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from 265 ENT MAG shall create any warranty on behalf of 265 ENT MAG in this regard.

Limitation of liability

In no event shall 265 ENT MAG, its affiliates, officers, directors and employees be liable for any indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the 265 ENT MAG application / service (including but not limited to its content), including any damages resulting from them. Your only right with respect to any problems or dissatisfaction with the 265 ENT application / service is to cancel your 265 ENT account and refrain from using the service.

Indemnity

You agree to indemnify and hold 265 ENT and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable attorney fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

Intellectual property

265 ENT respects intellectual property rights, and expects you to do the same. Please note therefore that the 265 ENT application / service and the content provided through the 265 ENT service is the property of 265 ENT or 265 ENT’s licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the 265 ENT application / service (including but not limited to its content) in any manner not covered by the Agreement.

The service is a delivery service of music and is licensed as a database and database access by PRS and PPL. Separate licensing is needed for the use of these tracks for public performance and broadcast and it is the sole responsibility of the user to obtain these.

If the track is to be used for a reason that requires a separate licence, for example a synchronisation, then additional licenses are required and are the responsibility of the user to obtain this licence.

Users who have public performance licence may also have database licenses included in this license. It is the users’ responsibility to check this and conform to the terms of other license for the use of sound recordings and musical works.

Once the tracks have been downloaded and used in a programme that is to be publicly performed they should be deleted within 28 days of the programme being transmitted unless a separate database licence is obtained.

Further, you may not remove or alter any copyright, trade mark or other intellectual property notices contained on or provided through the 265 ENT application / service.

Monitoring

265 ENT will, from time to time, audit the use of the service and compare this with programmes that have been commissioned to ensure that its use is in accordance with these terms, particularly in reference to licensing issues outlined above.

265 ENT will monitor user activity as it has a duty of care to the copyright owners and requires this data for music reporting and other uses. Additionally, 265 ENT will apply a variety of technologies to the service to ensure the copyrights of the musical works, sound recordings, and the copyrights created by 265 ENT are not misused, stolen or abused.

Technology limitations and modifications

265 ENT will make reasonable efforts to keep the 265 ENTapplication / service operational.
However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. 265 ENT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the 265 ENT application / service with or without notice.

Privacy

You agree that 265 ENT has a right to collect and process your personal information in accordance with the 265 ENT Privacy Policy.

Assignment by 265 ENT

265 ENT has a right to assign this Agreement or any part thereof without restrictions.

Entire Agreement

This Agreement together with the 265 ENT Privacy Policy constitutes all the terms and conditions agreed upon between you and 265 ENT and supersede any prior agreements, whether written or oral.

Any additional or different terms or conditions in any written or oral communication from you to 265 ENT are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by 265 ENT not contained in this Agreement.

Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

Governing law and disputes

This Agreement shall be governed and construed in accordance with the substantive laws of the republic of Malawi . Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the courts of republic of Malawi.

If you have any concerns or questions, please let us know by sending an email to t&[email protected]

Copyright © 2020 265 Entertainment T/A 265 ENT MAG.
Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.