Last modified: April 08, 2022
Welcome to the Union Music website located at www.unionbackstage.com (the "Site"). The following Agreement contains the terms and conditions governing your use of the Site and the services offered by Union Music through the Site (collectively, the "Services").
1. Changes to this Agreement Union Music reserves the right to revise this Agreement at its sole discretion at any time and without prior notice to you, except by posting the revised Agreement on the Site. Any changes to this Agreement come into force from the moment of their publication. You must visit this page periodically to ensure your continued acceptance of this Agreement. Your continued use of the Site and/or Services after a revised version of this Agreement has been posted on the Site constitutes your binding acceptance of such revision and the revised Agreement.
3. Proprietary Rights The Site and its content, marks, logos and other materials on the Site ("Site Content") are protected by copyright, trademark and other laws of the Estonia and other countries. You acknowledge and agree that the Site and Site Content, including all associated intellectual property rights, are the exclusive property of Union Music . You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices included on or accompanying the Site or Site Content. All trademarks, service marks, logos, trade names and any trade names of Union Musicused in this document are trademarks or registered trademarks of Union Music . Any other trademarks, service marks, logos, trade and other trade names are trademarks or registered trademarks of their respective parties.
4. Representations and
Warranties You represent and warrant that: (i) you have all the rights and authority to enter into and perform this Agreement, which is a valid, legal and binding agreement between the parties; ( ii ) your use of the Site and/or Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, contractual or other legal rights of any third party and will comply with all applicable laws, rules and regulations; ( iii ) there are no claims, demands, litigation in any form or, to the best of your knowledge, threats in relation to any of your content or materials provided by youUnion Music in connection with the Site and/or Services; ( iv ) Union Music will not be obligated to make any payments to third parties in connection with your use of the Services and/or the Site; and (v) the content and materials provided by you to Union Music through the Site and/or in connection with the Services do not and will not contain viruses or any other programs or technologies designed to disrupt or damage any software or hardware .
Union Music transfers the remuneration to the Author's settlement account only after the amount of remuneration due to the Author for the past Reporting periods in accordance with the provided Union Music Reports will exceed the amount of 100 $.
For granting the Right to use the Objects and other rights granted under this Agreement, Union Music pays the Author a fee in the amount of:
-70% of the income received by Union Music from using the Objects by way of their public performance, broadcasting, general information, including in the form of Content, Mobile Content, use as part of complex objects and with other results of intellectual activity, including as part of audiovisual works.
The amount of remuneration for the distribution of the Objects as part of the Collections is calculated in proportion to the share of the Objects to the rest of the phonograms with recordings of performances of musical works included in the Collection. Under the "Collection" the Parties mean a set of phonograms with performances of musical works created by different authors, arranged in a certain sequence and duration, with one or more phonograms with Performances of the Works included in them, published and distributed on tangible media and via the Internet.
"Term" - the period during which Union Music has the right to use the Objects, namely: 5 years from the date of sending the Objects on the website www.unionbackstage.com
Upon expiration of the term, the Agreement shall be deemed extended for the same period and on the same terms, unless one of the Parties notifies the other Party of its termination.
5. Indemnification You agree to indemnify Union Music and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders ("Parties") from any damages, losses or expenses (including, without limitation, attorneys' fees), incurred in connection with any third party claim, demand or action brought against either Party in connection with your breach or alleged breach of this Agreement. If you are required to indemnify Union Music under this section, Union Music will have the right to control the defense, settlement and resolution of any claims solely at your expense. You may not settle or otherwise resolve any claim without the express written permission of Union Music .
6. Disclaimer and Limitations Warranty Disclaimer. Union Music PROVIDES THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. Union Music DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, OR THEIR USE: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL WORK UNINTERRUPTED OR SOFTWARE THAT YOU USE. Union Music MAKES NO WARRANTIES EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, AND FITNESS FOR A PARTICULAR PURPOSE. Exclusion of damage. Union Music is not responsible to you or any third parties for any side, random, indirect, penalty or special damage (including losses associated with lost profit, loss of data or intangible assets) that arose as a result of using the Union Music service or related WITH IT, WITH ANY CAUSE OF ACTION, EVEN IN THE EVENT OF WARNING OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability. IN NO EVENT IS LIABILITYUnion Music WILL NOT EXCEED MORE OF THE FOLLOWING: (I) THE AMOUNT PAID OR PAYABLE BY Union Music TO YOU DURING THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT WHICH INCLUDE SUCH LIABILITY, OR (II) US$100.
7. Termination Union Music may suspend or terminate your use of the Site and/or Services if it believes, in its sole and unreserved discretion, that you have violated this Agreement. At the same time, sections 4, 5, 6, 8 and 9 of this Agreement remain in force.
8. Notices All notices required or permitted under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) Estonian Post, ( ii ) express delivery service, or ( iii ) email . If you notify Union Music , you must use the following addresses: firstname.lastname@example.org. If Union Music notifies you, Union Music will use the contact information provided by you to Union Music. All notices will be deemed received: (i) if sent by Estonian Post - seven (7) business days after posting, ( ii ) if using express delivery - on the day of confirmation of receipt by such service, or ( iii ) by e-mail - after 24 hours after the message was sent, in the absence of a "system error" or other non-delivery notice. If applicable law requires this communication to be "in writing", you agree that email will comply with that requirement.
9. Dispute Resolution You and Union Music agree that any dispute, claim or controversy arising out of or in connection with this Agreement or its breach, termination, performance, interpretation or operation, or use of the Site and/or Services (collectively, “Disputes”) will be settled by binding arbitration by the Estonian Court of Arbitration in accordance with its Commercial Arbitration Rules and Supplemental Procedures for Consumer Disputes (“Rules”), as amended by this Agreement , except that Union Musicreserves the right to seek injunctive relief or other equitable relief in a court of competent jurisdiction to prevent actual or alleged infringement, misappropriation of its copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Union Music waive the right to a jury trial or to participate as a plaintiff or a member of a group in any alleged class action or representative action. Also, if you and Union Musicotherwise agreed in writing, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside in any form of any class or representative action. If this particular clause is found to be unenforceable, then this entire "Dispute Resolution" section will be void. Arbitration is conducted in Estonia. A single independent and impartial arbitrator shall be appointed in accordance with the Rules, as amended herein. You and Union Musicagree to abide by the following rules, which are designed to simplify the dispute resolution process, reduce costs and burdens for the parties: (i) arbitration shall be conducted by telephone, online and/or solely on the basis of written submissions, the specific procedure to be chosen by the party initiating the arbitration; ( ii ) arbitration does not require the personal presence of the parties or witnesses, unless otherwise agreed by the parties in writing; and ( iii ) any award by the arbitrator may be made in any court of competent jurisdiction.
10. Copyright infringement claims Union Music respects the intellectual property of others, takes the protection of copyrights and other intellectual property very seriously, and asks its users to do the same. Violating actions on the Site and Services or with their help are unacceptable. Union Music will promptly remove or disable materials from the Site that Union Music , upon receipt of notice in accordance with the requirements below, in good faith infringe the rights of a third party. Whether Union Music disables or removes content, Union Music may attempt to forward to the user who posted the content a written notice, including the complainant's contact information, and/or take other reasonable steps to notify the user that Union Music has received a notice of alleged intellectual property infringement or other infringement. Union Musicalso may, in its sole discretion, terminate the accounts of users who repeatedly infringe copyright or post incorrect or illegal content. Any notice or counter-notice you send must be truthful and subject to penalty of perjury. False notification or counter notification may result in personal liability. You may seek legal advice before filing a notice or counter notice. Procedure for Reporting Infringement If you believe in good faith that your copyright or other intellectual property rights have been infringed, please provide us with a written notice that includes:
• Your name, telephone number, address and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of the material on the Site that you claim infringes the copyright of the work and where such material may be found on the Site;
• A statement by you that you have a good faith belief that such use is not authorized by the copyright owner, its agent, or the law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your electronic or physical signature
Please send your notice to Union Music as follows: E-mail: email@example.com You should consult with your lawyer and/or refer to the article to confirm your obligation to provide lawful notice of alleged infringement. Deleted Content Recovery Counter Notice If you believe that a copyright or other infringement notice has been erroneously filed against you, you may file a counter notice under the Digital Millennium Copyright Act (DMCA) by sending Union Music a written notice , containing:
• Your name, telephone number, address and email address;
• Identification of material removed from the Site or access to which has been disabled;
• A statement by you under penalty of perjury that you have a good faith belief that the removal or disabling of the material was an error or the material was misidentified;
• A statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located and that you will accept court notice from the Applicant who filed the notice or his/her authorized agent; and
• Your electronic or physical signature.
Please send your notice to Union Music as follows: Email: firstname.lastname@example.org The party filing the counter-notice should consult with an attorney confirming the party's obligation to provide a valid counter-notice under the Copyright Law. False infringement notices or counter notices Union Music reserves the right to seek damages from any party that sends an infringement notice or counter notice in violation of the law.
11. Miscellaneous This Agreement will be binding on each of its parties, their heirs and permitted assigns, and shall be governed by and construed in accordance with the laws of the Estonia without reference to principles of conflict of laws. However, if the Dispute Resolution section is held invalid, all disputes arising between you and Union Music under this Agreement shall be subject to the exclusive jurisdiction of the federal courts. This Agreement may not be assigned or transferred by you without the prior written consent of Union Music . Union Musicmay freely assign or transfer any rights granted to you under this Agreement. This Agreement (including all policies and other agreements described in this Agreement, which are incorporated herein by this reference) contains the entire agreement of the parties with respect to its subject matter and supersedes the previousand concurrent agreements and understandings between the parties regarding its subject matter. Failure by either party to exercise or delay in exercising any rights, powers or privileges under this Agreement will not be deemed a waiver of them. This Agreement does not contemplate or create in any way an agency, partnership, joint venture, or employee-employer relationship. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, each of which shall remain in full force and effect. The headings used in this Agreement are for convenience only and should not be construed as limiting or affecting any provision of this Agreement. You agree to accept the mailing of our messages with the news of our service, with notifications about the status of your release to the email address specified by you during registration.