I. YOUR ACCEPTANCE
UOHNIT.com is the exclusive property of 360 Entertainment International, LLC (“360EI”). By using or visiting www.UOhnIt.com (“UOHNIT.com”) products, software, data, media and services provided to you on, from, or through the UOhnIt.com website (collectively the "Service") you signify your agreement to UOHNIT.com Terms & Conditions for Use ("Terms of Service").
in its sole discretion, may modify or revise these Terms of Service
and policies at any time; and you agree to be bound by such
modifications or revisions. We may attempt to notify you when major
changes are made to these Terms of Service. However, you should
periodically review the Terms of Services to check for any updates.
Nothing in these Terms of Service shall be deemed to confer any
third-party rights or benefits.
These Terms of Service apply to all users of the Service, including contributors of Content on the Service. “Content” includes audio, text, software, scripts, graphics, photos, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all UOHNIT.com products, services and software, including audio and video players, digital uploaders, download applications, live broadcast features, and other applications.
The Service contains links to third party websites that are not owned or controlled by 360EI / UOHNIT.com. It is understood that 360ei / UOHNIT.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites; and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve 360EI from any and all liability arising from your use of any third-party website.
III. SUBSCRIPTION ACCOUNTS
In order to access some features of the Service, you will have to Sign in or create a Subscription Account. You may never use another subscriber account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all activity that occurs on your account, and are instructed to keep your account username and password secure. Notify UOHNIT.com immediately of any breach of security or unauthorized use of your account.
UOHNIT.com shall not be liable for any losses caused by any unauthorized use of your account. However, you may be liable for losses to UOHNIT.com or others due to such unauthorized use.
IV. PERMISSIONS AND RESTRICTIONS
UOHNIT.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that you agree not to:
Distribute in any medium any part of the Service or the Content without UOHNIT.com prior written authorization, unless UOHNIT.com makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
Alter or modify any part of the Service.
Access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means UOHNIT.com may designate.
You are not permitted to Use the Service for any of the following commercial uses unless you obtain UOHNIT.com's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from UOHNIT.com appears on the same page and is of sufficient value to be the basis for such sales.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the UOHNIT.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, UOHNIT.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. UOHNIT.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you agree to comply with all applicable laws.
UOHNIT.com reserves the right to discontinue any aspect of the Service at any time.
V. USE OF CONTENT
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to UOHNIT.com, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by UOHNIT.com on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of UOHNIT.com or the respective licensors of the Content. UOHNIT.com and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that UOHNIT.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UOHNIT.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless UOHNIT.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
VI. YOUR CONTENT AND CONDUCT
As a UOHNIT.com account holder you may submit Content to the Service, including mp3's, text, images, videos and user comments. You understand that UOHNIT.com does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to UOHNIT.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. Unless otherwise explicitly provided for in writing, you understand by submitting Content to UOHNIT.com, you hereby grant UOHNIT.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and UOHNIT.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service. You understand and agree, however, that UOHNIT.com may retain, but not display, distribute, or perform, server copies of your media (audio or videos) that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant UOHNIT.com all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the UOHNIT.com Clean Money Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
UOHNIT.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and UOHNIT.com expressly disclaims any and all liability in connection with Content. UOHNIT.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and UOHNIT.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. UOHNIT.com reserves the right to remove Content without prior notice.
VII. ACCOUNT TERMINATION POLICY
UOHNIT.com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, excessive violence or excessive length. UOHNIT.com may at any time, without prior notice and in its sole discretion, remove such Content and / or terminate a user's account for submitting such material in violation of these Terms of Service.
UOHNIT.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to UOHNIT.com:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, UOHNIT.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at UOHNIT.com's sole discretion.
IX. WARRANTY DISCLAIMER
You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, UOHNIT.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. UOHNIT.com makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. UOHNIT.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and UOHNIT.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
X. LIMITATION OF LIABILITY
In no event shall UOHNIT.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that UOHNIT.com shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by UOHNIT.com from its facilities in the United States of America. UOHNIT.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless UOHNIT.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
XII. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UOHNIT.com without restriction.
When you make a purchase on UOhnIt.com, you will be asked to provide some personal information, such as first & last name, billing address, shipping address, a contact e-mail address and telephone number. All the information we collect is primarily in the interest of accurate order processing although, if you elect to join our mailing list, we may from time to time, contact you with items of interest, or specials offers available only to our mailing list. UOhnIt.com automatically receives and records information on our server logs from your browser, including your IP address, internet cookie information, and the page you request.
Our policy does not apply when you follow links from our website to third party websites, to the practices of companies that we do not own or control, or to people that 360 Entertainment International LLC / UOhnIt.com does not employ or manage.
Only UOHNIT.com Music Plan subscribers are eligible to sell music at the UOHNIT.com Music Store or participate in the UOHNIT.com GET PAID Download program.
Go To UOHNIT.com Music Plan To Sign Up. Once signed up, contact customer service to get setup at the UOHNIT.com Music Store.
All Downloads are Non-Refundable. NO REFUNDS
A live Customer Service Representative will provide personal assistance to help setup your Music Store account and provide you with support as needed.
MUSIC STORE SETUP
You can sell Single tracks or albums at UOHNIT.com Music Store. Subscribers set the sales price of products to be sold on UOHNIT.com Music Store.
Provide the representative with the mp3 tracks, images, text, credits a bio and other applicable information.
An Account is setup for each Subscriber that signs up to UOHNIT.com.
DIGITAL SALES POLICIES
Monthly statements that itemize each transaction (credit / debit) for each Subscriber account are made available to Subscriber upon Request.
Account activity statements are emailed to all Subscribers on a quarterly basis.
Payments to Subscriber for Retail Sales from funds received by a customer are paid by check.
UOHNIT.com will pay 75% of the retail sales price for digital content sold out of of funds received from a customer for the sale of your product content.
Payment to Subscribers for Music Store sales are made on a quarterly basis by check. However, if the account has $50 or more in monthly sales, the Subscribers has the option to request and be granted monthly payments.
Provide UOHNIT.com with the correct mailing address for where you want your record sales payment to be sent.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
Applied pertaining to fiscal management of Subscriber accounts.
All funds received for sales are held in an escrow account.
Subscribers have the right to engage a Certified Public Accountant (“CPA”) to audit their account at any time at your own expense, but not more than once a year, and only within one (1) year after the date you are provided the statement. The CPA may make such an examination only during normal business hours at the place where such books and records are maintained. The Subscriber must provide us with thirty (30)-days written notice prior to commencing an audit and must identify the name, address, telephone number, and email address of the CPA conducting the audit on your behalf.
Should you have any objections to a UOHNIT.com accounting statement provided to you, you agree that you shall give us specific notice of that objection, including a copy of your CPA’s analysis of the accounting statement, and your reasons for it within eighteen (18) months after you have received the statement. You agree after the eighteen (18) month period, you will no longer have any right to make any other objections to it notwithstanding any audit rights you may otherwise have under any applicable law or regulation. Any payments determined to be owed following an audit shall be paid within forty-five (45) days of the delivery of your CPA’s audit report, unless objected to in writing by UOHNIT.com, in which case any payments due shall be postponed pending the resolution of the audit dispute. A late fee of one-half percent (0.5%) shall be due for underpaid royalties. Unless otherwise prohibited by law, you will not have the right to sue us in connection with any statement, or to sue us for unpaid royalties for the period a statement covers, unless you commence the suit within that eighteen (18) month period.
You acknowledge and agree that you are ultimately responsible for the payment of any Sales Tax owed in connection with the sale or distribution of your product pursuant to this Agreement, and you hereby indemnify UOHNIT.com for any Sales Tax that may be owed in addition to those amounts collected and remitted on your behalf by UOHNIT.com.
The Subscriber is solely responsible for obtaining and paying for any and all clearances or licenses required in the Authorized Territory (or any portion thereof) for the use of any musical works embodied in Your Content.
PARENTAL ADVISORY LABELING
The Subscriber is responsible for complying with the Recording Industry Association of America’s (“RIAA”) Parental Advisory Logo (“PAL”) Standards, as applicable, for so long as you use the Services. Information about the RIAA PAL Program is available here: http://www.npr.org/blogs/therecord/2010/10/29/130905176/you-ask-we-answer-parental-advisory---why-when-how
GET PAID PROGRAM
The GET PAID program is a courtesy free service. UOHNIT.com reserves the right to discontinue the program at any time.
A Get Paid Coupon to Download MP3 song is issued via email to paid subscribers. When the coupon is redeemed it constitutes a sale to the track owner. For instance if a subscriber purchases the Bronze Music Plan for $9.99 a coupon for one song with a $1.00 value is issued to the subscriber. When the Subscriber turns in the Get Paid coupon, selects and downloads a song, the owner of the song is credited $1.00 to their account.