Terms and Conditions of Site Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the "Terms and Conditions") govern your use of this web site specifically inclusive of the search engine technology and software referred to as “o1engine” (the "Site"), as provided by Opus 1 Production Music Library, LLC. ("Opus 1”). By using this Site, you ("You") and other users of the Site (collectively, "Users") are deemed to have agreed to these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not access or otherwise use the Site. Periodic reference should be made to these Terms and Conditions as modifications will be made without notice. By using the Site following any modifications to the Terms and Conditions, You agree to be bound by any such modifications.
Purpose of the Site
The Site provides information and samples of music and sound that can be licensed from Opus 1 and its partners for professional production uses. The Site can be used to audition, music with no license of any kind being given to you by Opus 1. The Site is intended for business-to-business use, and is not intended for non-professional use by consumers.
Modifications to the Site
Opus 1 reserves the right, for any reason, in its sole discretion, and at any time, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Opus 1 may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You warrant and agree that You shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Site or any content, graphics, music, sounds, information or other material obtained on, through or derived from the Site for any purpose (whether commercial or private) (other than as expressly permitted by Opus 1 or by the provider of such information or other material); (c) attempt to reverse engineer or otherwise dismantle any or all of any software and/or other intellectual property maintained or otherwise found on this Site; (d) attempt to gain unauthorized access to the Site or other computer systems through the Site (i.e., “hack”); or (e) gather, harvest, “data mine”, collect or store information about the Users or content of this Site (other than “bookmarking the Site” as that word is commonly understood). You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Opus 1 assumes no responsibility for the transmission, deletion or failure to store information submitted by You or other Users to Opus 1.
Rights and Restrictions of Use
As between You and Opus 1, including Opus 1’s affiliates and/or associated companies, Opus 1 is the owner and/or authorized User of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant You any license to any content, features or materials You may access on the Site. Any use of the Site is strictly prohibited, except as allowed herein or otherwise specifically approved by Opus 1. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Opus 1. If You make other use of the Site, except as otherwise provided above, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. Opus 1 does not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, content, other copyrightable material or any other intellectual property, by including them on the Site.
Software and Search Engine Software (o1engine)
You acknowledge and agree that use of Opus 1’s search engine software, “o1engine”, when accessed-downloaded by You from the Site ("Software") shall be subject to the Opus 1 Music license agreements.
Opus 1 Music, Content and/or Sound(s)
You acknowledge and agree that you do and will have no right to utilize any music or other intellectual property maintained on the Site by Opus 1 unless and until you execute the Opus 1 music license agreements that would be provided to you by Opus 1 as well as fulfill all payment and other obligations as may be required. Payment after such unauthorized use(s) is not sufficient nor will excuse You from possible criminal and/or civil prosecution and/or penalties.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and Opus 1 cannot and does not guarantee that any information You submit to Opus 1 will be free from unauthorized third party intrusion. You understand and agree that all information You submit to Opus 1 is done so at your own risk.
You acknowledge and agree that in connection with your use of the Site, You must: (a) provide for your own access to the World Wide Web and pay any service fees (if any) associated with such access; and (b) provide all equipment necessary for You to make such connection to the World Wide Web, including, if applicable, a computer, software, a modem and a working telephone line. Opus 1 shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site (inclusive of any and all software).
Failure to Comply
You acknowledge and agree that Opus 1 may deny You access to all or part of the Site without prior notice if You engage in any conduct or activities that, in Opus 1’s sole discretion and belief, violates any of these Terms and Conditions, violates the rights of Opus 1, or are otherwise inappropriate for continued access.
You agree to defend, indemnify and hold Opus 1, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials on or through the Site by You.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, IS PROVIDED "AS IS," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OPUS 1 DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. OPUS 1 MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPUS 1 OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
THE PRESENCE AND/OR USE ON THE SITE AT ANY GIVEN TIME OF SUCH SOFTWARE APPLICATIONS AND/OR PROGRAMS AND/OR ‘PLUG-INS” SUCH AS “QUICKTIME” AND/OR “FLASH” (BY WAY OF EXAMPLE AND NOT LIMITATION), SHALL NOT BE CONSTRUED OR CONSIDERED AS AN ENDORSEMENT OF THAT PARTICULAR “PLUG-IN”, ETC., AND SPECIFICALLY, NO WARRANTY OF ANY SORT OR KIND IS MADE BY OPUS 1 AS TO THOSE PRODUCTS, APPLICATIONS, PROGRAMS AND/OR “PLUG-INS”.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OPUS 1, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF OPUS 1 OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Opus 1 or relating in any way to your use of the Site resides in the courts of California, and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of California, in connection with any such dispute and including any claim involving Opus 1 or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
The Site is operated and controlled from offices and location(s) in the United States of America. Opus 1 does not represent that materials on the Site are appropriate or available for use in other locations. Any and all licenses for material must be made directly with Opus 1 in writing after contact with authorized Opus 1 employee(s). Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these Terms and Conditions of Site Use should be directed to Legal@Opus1MusicLibrary.com