THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU", “YOUR” OR "USER") AND ORASTREAM PRIVATE LIMITED. ("WE", "US", OR "ORASTREAM") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE ORASTREAM SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF ORASTREAM'S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND ORASTREAM.
IF YOU CONSENT TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT AND YOUR CONSENT TO THIS AGREEMENT WILL BE TREATED AS THE CONSENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS. YOU ALSO CONSENT TO THE USE OF: (A) ELECTRONIC MEANS TO COMPLETE THIS AGREEMENT AND TO PROVIDE YOU WITH ANY NOTICES GIVEN PURSUANT TO THIS AGREEMENT; AND (B) ELECTRONIC RECORDS TO STORE INFORMATION RELATED TO THIS AGREEMENT AND YOUR USE OF THE ORASTREAM SERVICE.
By using the OraStream Service, you agree to all the terms below.
OraStream is the creator and provider of a digital audio supply chain, including digital music service storefront and music apps ("OraStream Service") that permits:
Using the tools and features provided as part of the OraStream Service through means, including but not limited to OraStream's Web site, OraStream.com, and such other or successor domain names as may be operated, acquired, or used from time to time by OraStream (collectively, "OraStream Site"), wired and wireless connections, and telephony-based networks; and to playback such Content on a computer or mobile device ("Device") using OraStream's proprietary application (or other third party software application specifically approved by OraStream that meets the then-current OraStream specifications) and/or any other software and end applications the user accesses, downloads, or otherwise receives for use in connection with the OraStream Service, including but not limited to Beta (pre-release) versions thereof (collectively, the "OraStream Software").
For certain business partners and affiliates of OraStream, the OraStream Service also includes distribution of OraStream Software and production services for the creation of digital audio products, licensed content, licensed applications and services from text, audio, and video materials, and the creation of private distribution channels for delivery of proprietary audio, Content, and/or special aggregations or versions of Content.
We provide a digital supply chain for lossless and high-resolution audio, including music service storefronts and audio players, to restore the sound quality of recorded music
You are not obliged to register to the OraStream Service. However, access to certain OraStream Service functions and features is only available to registered users. Notwithstanding, the OraStream Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the OraStream Service.
You need to create your own account to use certain services and functions.
OraStream's Privacy Notice is expressly incorporated herein by reference and made a part of this Agreement.
When you register to use the OraStream Service, you agree to provide current, complete, and accurate information required to complete your registration with the OraStream Service and at other points as may be required in the course of using the OraStream Service (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate.
You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the OraStream Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information, if required) for use in maintaining your accounts and billing OraStream fees to your credit card (if or when a paid-service is implemented in the future).
You need to provide bona-fide information to use the OraStream Service.
As a registered user of the OraStream Service, you shall provide us with your email address, and shall receive or establish one or more passwords and username accounts ("OraStream Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and OraStream Accounts. You may not divulge your password to anyone else or use anyone else's password or OraStream Account. You are fully responsible for all activities that occur on or through your OraStream Account(s), and you agree to notify us immediately about any unauthorized use of OraStream Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this term. Your breach of this term may result in immediate termination of your OraStream Account(s), and may also subject you to criminal or civil liability.
You shall not violate or attempt to violate the security of the OraStream Service. Accordingly, you shall not:
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the OraStream Service.
You must safeguard your personal account information and not misuse the site.
Except as expressly stated herein, no rights or licenses, including any resale or commercial use of the OraStream Site and Content are granted. You may not use any OraStream logo or other proprietary graphic or trademark as part of the link without express written permission of OraStream.
You can freely use the OraStream site and services. Don’t do anything you know to be wrong and you will be alright.
All copyrights in and to the OraStream Service materials including but not limited to the OraStream Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Content, OraStream Software, Store, Licensed Application or any parts of or content within the OraStream Site, Content, OraStream Software, Store, Licensed Application are owned by OraStream and/or its registered users and/or licensors. OraStream shall be entitled to seek protection in respect of OraStream’s intellectual property anywhere in the world by way of patent applications or otherwise, as it shall decide at its absolute discretion. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND ORASTREAM SOFTWARE ON OR IN CONNECTION WITH THE ORASTREAM SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE ORASTREAM SITE OR ANY OF THE PAGES OF THE ORASTREAM SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE ORASTREAM SERVICE MATERIALS. REPRODUCTION OR USE OF THE ORASTREAM SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
OraStream, OraStream.com, and other OraStream trademarks, service marks, graphics and logos used in connection with the OraStream Service are trademarks or registered trademarks of OraStream Private Limited in Singapore. Other trademarks, service marks, graphics and logos used in connection with the OraStream Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the afore-described trademarks or service marks and any unauthorized use is strictly prohibited.
We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please report to us with the written information specified below:
Your notice should be sent to us by email to firstname.lastname@example.org and/or by mail to the following address:
OraStream Private Limited
73 Ayer Rajah Crescent, #01-17
We respect copyright. If there is a problem, please email email@example.com with all the details.
User may terminate their account at any time by sending notice in writing confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to the OraStream Service. Prior to terminating your account, you are, however, advised to save or back up any material that you have uploaded to your account.
If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to provide complete Registration Data, failure to safeguard your OraStream Account information and password, or violation of the OraStream License or the OraStream Site Access License or any license to OraStream Software, at its sole discretion, OraStream may:
We will also terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by OraStream as its discretion.
Upon termination, we reserve the right to modify, suspend or discontinue the OraStream Service (or any part thereof) or irretrievably delete any and all Content (or any part thereof) residing in User account, or pertaining to activity from your User account (except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights.
THE ORASTREAM SERVICE, INCLUDING, WITHOUT LIMITATION, THE ORASTREAM SITE, THE ORASTREAM SOFTWARE AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE ORASTREAM SITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST ORASTREAM USES ALL REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS ON THE ORASTREAM SERVICE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO ORASTREAM’S ATTENTION, ORASTREAM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE ORASTREAM SITE, THE ORASTREAM SERVICES, THE ORASTREAM SOFTWARE OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR OTHER EXTERNAL SERVICES. ORASTREAM DOES NOT WARRANT THAT YOUR USE OF THE ORASTREAM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ORASTREAM SERVICE OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE ORASTREAM SERVICE OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORASTREAM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE ORASTREAM SERVICE WILL BE SECURE OR THAT ANY ELEMENTS OF THE ORASTREAM SERVICE DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE ORASTREAM SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
ORASTREAM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, TOGETHER WITH ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS ANY OF THE DISCLAIMERS SET OUT ABOVE, SUCH DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Things may go wrong – we make no promises that they won’t and disclaim responsibility when they do.
IF YOU ARE DISSATISFIED WITH THE ORASTREAM SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE ORASTREAM SERVICE.
ORASTREAM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE ORASTREAM SERVICE MUST BE NOTIFIED TO ORASTREAM AS SOON AS POSSIBLE, AND IN ALL CASES NO LONGER THAN TWO YEARS AFTER OCCURRENCE OF THE EVENT RESULTING IN THE CLAIM OR CAUSE OF ACTION .
IN ALL CASES, YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ORASTREAM AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND ORASTREAM, AND THAT ORASTREAM LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Cancel your account if you are dis-satisfied with the service. We are not liable if you suffer any loss.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ORASTREAM, 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:
Don’t infringe someone else’s copyright as you will be responsible if you do.
We adopt a Privacy Notice which you accept.
We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the OraStream Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the OraStream Site. Your continued use of the OraStream Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference
OraStream may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of OraStream. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of OraStream.
You cannot assign your account to any third party.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any terms and conditions of this Agreement. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Party clause.
Except where otherwise required by the mandatory law of the United States or any member state of the European Union:
Our company is incorporated in Singapore. These terms are governed under the laws of Singapore.
If a dispute, controversy or claim arises out of or relates to this contract, or breach, termination or invalidity thereof, and if such dispute, controversy or claim cannot be settled and resolved through negotiation, then the parties agree first to try in good faith to settle such dispute, controversy or claim through conciliation at the Singapore International Arbitration Centre.
Any issue or claim not resolved by conciliation shall be referred to and finally resolved by arbitration in Singapore in accordance with the Singapore International Arbitration Centre Rules for the time being in force which Rules are deemed to be incorporated by reference into this clause.
Updated 26th May 2017