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Outboard Music Ltd.

Last amended: 01 November 2024

TERMS OF USE - AGREEMENT BETWEEN OUTBOARD AND SUBSCRIBERS

For clarity purposes any mention of Outboardmusic.com (hereafter referred to as "the Platform", "We", "Us", "The Company" or "Outboard") relates solely to the Platform.

Any mention of "Subscribers" (hereafter referred "You", "" or "Yours", "End User" or "User/s") shall refer to The Subscriber.

INTRODUCTION:

The Platform
1. Each month Outboard releases 5 exclusive tracks from 5 different artists for download and to stream. These are available, as per the time of the latest version of The Agreement, in .wav, 320kbps mp3, and to stream on the Platform at 128kpbs.
2. Subscribers to Outboard are able to stream and download featured tracks from the current month, plus have access to stream and individually purchase all past releases on The Platform.
3. Outboard holds the right to remove content at any given moment, due to legal challenges, or copyright infringement requests or without explanation.
Subscriptions
1. The subscription rate is billed at 3.99 GBP monthly from date of joining.
2. Tracks released outside of the User subscription period will be available for purchase to Outboard members via the Outboard back catalogue for a flat rate.
3. Outboard members can cancel their subscription at any time. The cancellation will be effective from the next monthly billing cycle. There are no part-payments if a subscriber chooses to cancel halfway through a month.
4. The company upholds the right to modify the subscription terms, including pricing at any given time. Any change in pricing, shall be communicated to you via email with at least one month&s notice of the next billing cycle.

AGREEMENT OF TERMS

Account
Content
1. When using the Platform, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Platform at your own risk and Outboard shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Outboard reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
Changes to Terms of Use
1. Outboard reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example to address legal or regulatory changes or changes to features or functionality made available through the Platform, at our discretion. The date of last modification is stated at the beginning of these Terms of Use. It is your responsibility to check this page from time to time for updates.
2. When we make any material changes to these Terms of Use, we will provide you with prominent notice under the circumstances, including for example displaying a notice within the Platform and/or by sending you an email to the email address that you have provided us, and the revised Terms of Use will become effective two (2) weeks after such notification.
3. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account during such two (2) week periods, your continued use of the Platform after the end of that two (2) week period will constitute your acceptance of the revised Terms of Use.
Consent to Our Communication with You by Email
1. By establishing an Account, subscribing to our mailing list, or submitting music, you grant permission for Outboard to contact you at your provided email address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences under your accounts settings.
Privacy Policy
1. End-User is required to provide certain contact and personal information when opening an account with Outboard.
2. All information provided by End-User to Outboard shall be and shall at all times remain subject to Outboard’s privacy policy "Privacy Policy".
The Privacy Policy is as follows:
1. Outboard shall store End-User&s name, address and email information for use in connection with the provision of Outboard’s services hereunder.
2. Outboard employs measures designed to protect End-User&s information from unauthorised access.
3. All credit card transactions on the Website and through the Stripe payment gateway encrypt the information entered by End-Users. Outboard utilises Stripe as its online payment gateway. By accepting the terms in this document and to use The Platform, The User agrees to have fully read and understood Stripe&s own privacy policy. Stripe&s full Global Privacy Policy can be read HERE.
4. End user agrees that Outboard may share stored contact information with the Artists only to which the End User has purchased Musical Works from.
5. Outboard shall not disclose or provide End-User&s stored contact information to any other unaffiliated third party unless Outboard is required to do so by State or Federal government agencies or in the context of litigation.
6. Like many websites, Outboard uses “cookies” to help understand how End-Users use the Website and improve the functionality of the Website. A “cookie” is a small data file transferred to End-User’s computer for access on future visits to the Website. Cookies do not collect personal information or otherwise allow Outboard to personally identify End-User. Instead, cookies may collect anonymous and non-personal information that can tell Outboard that End-User (or someone using the same computer or IP address) previously visited the Website, what preview clips End-User has listened to, what Downloads End-User has purchased, etc. End-User can disable cookies by setting End-User’s Internet browser accordingly but doing so will likely result in Outboard not recognizing End-User or End-User’s preferences on future visits, so End-User may be required to re-enter certain information.
7. By using The Platform, you agree to the Stripe and Cloudflare Privacy Policy.
8. The Privacy Policy’s terms and conditions may be adjusted from time to time. If any material changes are made to the Privacy Policy, a notice will be posted on the Website and user’s provided email address along with the updated Privacy Policy.
9. End-User hereby warrants and represents that End-User has read Outboard&s Privacy Policy and agrees to its terms and hereby consents to Outboard&s collection, use and disclosure of End-User&s personal information consistent with the terms and conditions of the Privacy Policy as set forth herein.
Account Registration
1. To use certain services of the Platform you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Outboard "Registration Data" for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Platform and act as your username and Registration Data for access, favouriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Platform.
2. Outboard may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Outboard, in its own discretion, suspects fraudulent and/or illegal behaviour, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration.
3. You agree that Outboard may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
4. You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Outboard immediately of any unauthorised use of your password and/or Account. Outboard shall not be responsible for any losses arising out of the unauthorised use of your Registration Data or Account, and you agree to hold harmless and to indemnify Outboard, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of your Account.
Third Party Websites or Services
1. There may be links to External Websites or services (artist websites, social medias, record label web links, etc). Outboard does not have or maintain any control over External Websites or services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Websites or services, Outboard does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Websites or services.
2. External Websites or services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Outboard with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Websites or services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External websites or services.
3. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External websites or services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External websites or Services.
4. Outboard disclaims any and all responsibility or liability for any harm resulting from your use of External Websites or Services, and you hereby irrevocably waive any claim against Outboard with respect to the content or operation of any External Websites or Services.
End User Permissions
1. The End User is not permitted to to use any downloads / purchases made from the Platform for any commercial purpose whatsoever with exception of public performance as a disc jockey or in house phonographic playback only on the basis of the below agreed terms and conditions.
2. End-User shall be entitled to publicly perform Downloads as part of End-User&s disc jockey performances, if any, provided that End-User shall submit the playlist information for any use of Downloads as part of such disc jockey performances to the relevant performing rights society(ies) as required under applicable laws. For the avoidance of doubt, Outboard shall not be responsible for payment of public performance royalties or phonographic performance royalties to the relevant society(ies) with respect to End-User&s use of Downloads and End-User hereby expressly agrees to indemnify Outboard against any third party claims arising in connection with End-User&s use of Downloads as part of disc jockey performances.
3. Should the End User use the Content for the purposes of public performance - the End User accepts all responsibility for any payment claims due to any subsequent Performing Rights Organisation (PRO) and that the User has the appropriate licence to engage in public performance of works. Outboard is not responsible for any claims made against the End User in this respect.
4. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances.
5. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
Limitation of Sales
1. Outboard sells Products to End User customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell.
2. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content.
Future Updates/Edits to Terms of Agreement
1. Outboard reserves the right to edit the terms of agreement at any time.
2. Continued use of the services alludes to the agreement of updated terms and conditions
3. Terms can be changed any time for outboard and updates will be shared by the Company via email or on the dashboard of the site. Continued use of the service after these announcements will declare compliance with updated terms.
4. The permitted uses as stated above with respect to each Download shall also apply to any audio-visual files, label copy, description, artwork, logos and any other materials associated with the relevant Download
Changes to the Platform, Accounts and Pricing
1. EOutboard reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Outboard shall use its reasonable endeavours to notify registered users of such decision in advance.
Right to Change Prices and Content Availability
1. Prices and availability of Content offered through the Website are subject to change at any time. Outboard does not provide price protection nor refunds in the event of a price drop or promotional offering.
Charges, Billing & Taxes
1. Outboard does not accept cash, money orders, or checks. Outboard reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Outboard, are responsible for any unauthorised amounts billed to your credit card by a third party. You are responsible for any unauthorised charges to your credit card by third parties. Please refer to your card issuer agreement to understand your rights and liabilities as a cardholder.
Cancellations & Refund Policy
1. You are free to cancel your subscription at any time, this will take effect at the start of the following month on the 1st of the month.
2. Downloading any or all of the tracks within the current monthly subscription cycle constitutes agreeing to pay the subscription fee for that monthly cycle.
3. Outboard will only provide refunds on paid monthly subscriptions to users who have not downloaded any tracks from the current calendar month.
4. All track purchases are final at the time of download, and charges from those sales are non-refundable.
5. Access to downloading the current month’s release will be temporarily disabled whilst Outboard reviews the refund request.
Billing
1. Outboard operates on a Monthly billing cycle based on the calendar month.
2. You will be charged 3.99 GBP, billed monthly on the 1st of every month.
3. Transactions must be made through our payment partner Platform - Stripe.
4. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorised such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Loss of Rights by Outboard
1. Outboard may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
Electronic Signatures and Contracts
1. Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
Enforcement of These Terms
1. You agree that Outboard has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Outboard believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Outboard’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party&s rights).
2. All non-enumerated uses of the relevant Download(s), Materials or other Site Content are prohibited and shall constitute a Terms of Use violation. End-User hereby agrees to indemnify, save and hold Outboard harmless from any loss, damage or expense incurred resulting from any failure by End-User to comply with the permitted use provisions of this Agreement.

BREACH OF CONTRACT

In the event that The User should be in breach of this Terms of Agreement, there will be an obligation to undergo the necessary course of legal action.

Accounts and Passwords
1. To access Outboard’s services, End-User must first open an account subject to the following terms and conditions:
2. End-User shall only submit accurate personal and billing information when opening End-User&s account. The submission of false or fraudulent information shall constitute a Terms of Use violation.
3. End-User shall at all times remain solely responsible for all activity that occurs under End-User&s account.
4. End-User shall immediately notify Outboard of any unauthorised use of End-User&s account or password information or any other breach of security.
5. Any action to assist or enable any third party to gain unauthorised access to password-protected portions of the Website by any means shall constitute a Terms of Use violation.
Intellectual property
1. All Outboard logos, branding, visual and written content and concept remain the property of Outboardmusic.com Ltd.
2. Any promotional material produced by Outboard remains the property of The Platform.
Indemnification
1. You hereby agree to indemnify, defend and hold harmless Outboard, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys& fees, resulting from any violation by you of these Terms of Agreement.
Governing Law
1. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.

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