TERMS AND CONDITIONS OF USE AGREEMENT (“TERMS”) ORASTREAM SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU", “YOUR” OR "USER") AND MP4SLS PRIVATE LIMITED. ("WE", "US", “MP4SLS” 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 MP4SLS.

BY ACCESSING THE ORASTREAM SITE AND USING ANY OF THE ORASTREAM SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, WHICH TOGETHER WITH OUR PRIVACY POLICY, GOVERNS OUR RELATIONSHIP WITH YOU IN RELATION TO THE ORASTREAM SERVICE. IF YOU DISAGREE WITH ANY PART OF THER TERMS THEN YOU MAY NOT ACCESS THE SERVICE.

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.

 

1. Definition of the OraStream Service

 

MP4SLS is the creator and provider of a cloud-music hosting service ("OraStream Service") that permits:

  1. registered users to submit or upload lossless music files, select and post those lossless music files, including accompanying text, photos, pictures, graphics and other meta data information of licensed and original compositions and recorded content (collectively, the "Content"), which will be stored by OraStream at the direction of such registered users, and which may be distributed and shared by such registered users, and
  2. other non-registered users,

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 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").

The OraStream Service may also enable registered users to interact with one another and to enable any user (whether or not registered users) to view, listen to and share Content uploaded and made available by registered users.

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 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 may, from time to time, release new tools and resources on the OraStream Site, or other services and/or features for the OraStream Service. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

Basically,

We provide a HD-music platform for artists to create music applications and services to develop a music community. As we are still developing new tools and features, some services may, at times, be buggy or go wrong.

 

2. Requirements for Use of the OraStream Service

 

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.

Basically,

You need to create your own account to use certain services and functions.

 

3. Privacy

 

OraStream's Privacy Notice is expressly incorporated herein by reference and made a part of this Agreement.

 

4. Your Information

 

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).

Basically,

You need to provide bona-fide information to use the OraStream Service.

 

5. User Account, Password, and Security

 

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:

  1. access data or materials not intended for you;
  2. log into a server or account which you are not authorized to access; or
  3. attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

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.

Basically,

You must safeguard your personal account information and not misuse the site.

 

6. Grants of Licenses to OraStream Service

 

If you register to use the OraStream Service, and subject to your strict compliance with these Terms of Use, OraStream grants you a limited, revocable, non-exclusive, non-assignable and non-transferable license to use the OraStream Service in order to submit or upload your audio content (strictly as permitted in accordance with these Terms of Use and any other applicable terms from time to time) and to stream Your Content to your computer and/or Device(s) SOLELY FOR YOUR PERSONAL NON-COMMERCIAL USE.

If you did not register to use the OraStream Service, and subject to your strict compliance with these Terms of Use, OraStream grants you a limited, revocable, non-exclusive, non-transferable license to use the OraStream Site in order to access and to listen to Content streamed from the OraStream Service and, where the appropriate functionality has been enabled by the registered User who uploaded the relevant Content, TO SHARE FOR PERSONAL NON-COMMERCIAL USE OF THE CONTENT. You shall not download (other than page caching) or modify all or any portion of the Content.

The above licenses (a) and (b) are conditional upon your strict compliance with these Terms and Conditions, including, without limitation, the following:

  1. you shall not rip, copy, capture, reproduce, distribute or use the Content in any other manner (except if such Content is Your Content);
  2. you shall not sell, transfer, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially or use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the OraStream Service offering;
  3. you shall not
    1. decompile, disassemble, or reverse engineer the Content or attempt to do so; or
    2. modify the Content or create any derivative works therefrom; or
    3. employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of the Content;
  4. you must not use or attempt to use another person’s OraStream Account, password, or other information, without the expressed permission from that other person;
  5. you must not sell or transfer, or offer to sell or transfer, any OraStream Account to any third party without the prior written approval of OraStream.

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.

Basically,

You can freely use the OraStream site and services. Don’t do anything you know to be wrong and you will be alright.

 

7. Your Content.

 

Any and all audio, including lossless music files, text, photos, pictures, graphics, metadata or information that you submit, upload, store, or make available to or via the OraStream Service (hereinafter "Your Content") is generated, owned or controlled solely by you, and not by OraStream.

OraStream does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

WITHOUT PREJUDICE TO THE CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MUST NOT UPLOAD, STORE, DISTRIBUTE, SEND, TRANSMIT, DISPLAY, PERFORM, MAKE AVAILABLE OR OTHERWISE COMMUNICATE TO THE PUBLIC ANY CONTENT TO WHICH YOU DO NOT HOLD THE NECESSARY RIGHTS. IN PARTICULAR, ANY UNAUTHORIZED USE OF COPYRIGHT PROTECTED MATERIAL WITHIN YOUR CONTENT (INCLUDING BY WAY OF REPRODUCTION, DISTRIBUTION, MODIFICATION, ADAPTATION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, PREPARATION OF DERIVATIVE WORKS, MAKING AVAILABLE OR OTHERWISE COMMUNICATING TO THE PUBLIC VIA THE ORASTREAM SERVICE) MAY CONSTITUTE AN INFRINGEMENT OF THIRD PARTY RIGHTS AND IS STRICTLY PROHIBITED. ANY SUCH INFRINGEMENTS MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCESS TO THE ORASTREAM SERVICE AND MAY ALSO RESULT IN CIVIL LITIGATION OR CRIMINAL PROSECUTION BY OR ON BEHALF OF THE RELEVANT RIGHTSHOLDER.

We may, from time to time, invite or provide you with means to provide feedback regarding the OraStream Service, and in such circumstances, any feedback you provide will be deemed non-confidential and OraStream shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

Basically,

OraStream does not claim any ownership to your content.

 

8. Grant of Licence to Your Content

 

By submitting, uploading or posting Your Content to the OraStream Service, you initiate an automated process to encode Your Content and direct OraStream to store Your Content on our servers, from where you may control and authorise the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the OraStream Service and elsewhere using the OraStream Services. To the extent it is necessary in order for OraStream to provide you with any of the aforementioned cloud music hosting services, to undertake any of the tasks set forth in these Terms of Use and/or to enable your use of the OraStream Service, you hereby grant such licences to OraStream on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

By submitting, uploading or posting Your Content to the OraStream Site or in connection with the OraStream Service, and unless we notify you otherwise, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to other users of the OraStream Service, and to users of any other websites, apps and/or OraStream Services to which Your Content has been shared to use, copy, transmit or otherwise distribute, publicly display, publicly perform, prepare derivative works of, make available and otherwise communicate to the public Your Content within the parameters set by you using the OraStream Services.

The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the OraStream Service. Licences with respect to audio Content, and any music files, images or text within your account, will terminate automatically when you remove such Content from your account. Removal of audio Content from your account will automatically result in the deletion of the relevant files from MP4SLS’s systems and servers.

ANY CONTENT OTHER THAN CONTENT THAT YOU RIGHTFULLY OWN IS THE PROPERTY OF THE RELEVANT REGISTERED USER(S), AND IS OR MAY BE SUBJECT TO COPYRIGHT, TRADEMARK RIGHTS OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. SUCH CONTENT MAY NOT BE USED, SHARED, DOWNLOADED, REPRODUCED, DISTRIBUTED, TRANSMITTED, RE-UPLOADED, REPUBLISHED, DISPLAYED, SOLD, LICENSED, MADE AVAILABLE OR OTHERWISE COMMUNICATED TO THE PUBLIC OR EXPLOITED FOR ANY PURPOSES EXCEPT WITHIN THE PARAMETERS SET BY THE COPYRIGHT OWNERS, RELEVANT REGISTERED USER(S) ON THE ORASTREAM SERVICE OR WITH EXPRESSED WRITTEN CONSENT OF THE COPYRIGHT OWNERS OR REGISTERED USER(S).

Basically,

In using the tools and services to build your music community, you grant rights to the users to use the content.

 

9. Representations and Warranties

 

You hereby represent and warrant to MP4SLS as follows:

  1. to authorise OraStream to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the OraStream Service.
  2. Your Content and the availability thereof on the OraStream Service does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the OraStream Service.
  4. Your Content is not and will not be offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
  5. Your Content does not and will not create any liability on the part of OraStream, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

OraStream reserves the right to remove or disable access to Your Content or other materials, suspend or terminate your access to the OraStream Service and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Content or materials under this Agreement.

Basically,

You must respect the copyrights of others as you would expect others to respect yours.

 

10. Liability for Content

 

You hereby acknowledge and agree that OraStream:

  1. stores Content and other information at the direction, request and with the authorisation of its users,
  2. acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and
  3. plays no active role and gives no assistance in the presentation and use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the OraStream Service, and to the extent permissible by law, OraStream excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that OraStream cannot and does not review the Content created or uploaded by its users, and neither OraStream nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the OraStream Service for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

OraStream and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the OraStream Service by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users on the OraStream Site. By using the OraStream Service, you irrevocably waive the right to assert any claim with respect to any of the foregoing against OraStream or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Notwithstanding the aforementioned Liability of Content term that OraStream has no legal obligation to monitor the Content on the OraStream Service, OraStream reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been submitted, uploaded or posted in breach of these Terms of Use or any applicable laws, or is otherwise unacceptable to OraStream.

It should be understood that individual registered users have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice to OraStream. Therefore, you shall have no right of continued access to any particular item of Content and OraStream shall have no liability in the event that you are unable to access an item of Content due to its removal from the OraStream Service, whether by OraStream or the relevant registered user(s).

Basically,

We provide the technical tools and conduit – we aren’t responsible for the Content on the site.

 

11. Paid Services

 

OraStream provides paid services to holders of its 'Basic', 'Standard' or ‘Premium’ ("Paid") accounts. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Paid account holders:

  1. Services available to Paid account holders are described on the account page. Any feature that is not described on the account page cannot be grounds for refund of any Paid account. The price schedule for Paid accounts (which may change from time to time) is available here.
  2. OraStream may modify, suspend or discontinue the OraStream Services provided to Paid account holders at any time at its sole discretion and without prior notice.
  3. Any refund owing to you will be paid within 30 days of cancellation provided your request for cancellation included your username and full name as it appears in your PayPal account.
Basically,

Refunds apply only to services described on account page.

 

12. Fair Usage Policy

 

OraStream maintains a fair usage policy to ensure stable and fast service to all users.

Free accounts are limited to a maximum of 30 listening hours and 12 GB of data transfer per month. Any additional usage may result in restrictions on your account including a cap on streaming bit rate access to your Content or a requirement to upgrade if the limit is exceeded for several months.

Paid accounts are limited to maximum of 25 GB, 60 GB and 120 GB (for Free, Basic and Standard accounts) of data transfer per month respectively. Paid accounts that exceed a limit for several months will be notified of their usage and restrictions may be imposed if usage is not corrected.

Basically,

If you use more than your fair share, we may gradually limit your account.

 

13. Store

 

If You choose to register to use the OraStream Store (the “Store”) the following terms and conditions apply in addition to the general Terms. Throughout these Terms, a reference to the ‘purchase’ or ‘sale’ (or similar words) of Store Content (as defined below) means the purchase or sale of a Customer License (as defined below) to use a Store Content.

About the Store

The Store is a Service provided by OraStream that allows Users to post music for sale to the public. Music is sold pursuant to the license granted to MP4SLS below. To use the Store you must be at least 18 years of age and have a valid OraStream account. By uploading any lossless music files, photos, pictures, graphics and other meta data information of licensed and original compositions and recorded content to the Store (collectively your “Store Content”) You make the following additional representations and warranties to MP4SLS:

  1. You can lawfully enter into contracts under applicable law and you are at least 18 years old.
  2. You are the sole and exclusive holder of the Store Content and the copyrights and other proprietary rights contained herein, and
  3. The Store Content do not infringe upon or violate the copyrights, trademarks, patents, or other proprietary rights of any other party.
  4. You have obtained all necessary consents, permissions, licenses from recording companies, composers, musicians, copyright owners and others with any interest in the Store Content or who performed on the Store Content, at Your sole cost and expense and will indemnify and hold MP4SLS harmless from and against any and all claims, suits, threats, demands, actions and causes of action brought directly or indirectly by any of these third parties.
Basically,

You can sell your content on the OraStream site. Since the site is HD-Music capable, you can sell high-resolution master recording, say 16bit/44KHz, 24bit/44KHZ, 24bit/96 KHz, 24bit/192KHz music albums to music aficionados who use the HD-Music Locker Services on OraStream.

Use of the Store Content and Grant of License

OraStream will use Your Store Content for the purpose licensing your Store Content to customers of the Store (“Store Customers”) in such audio formats as we may, from time to time make available to Customers, including without limiting the generality of the foregoing, via electronic download and audio streams. In connection with the foregoing, in addition to the licenses you grant elsewhere in these Terms, You grant to MP4SLS a non-exclusive, non-transferable, fully paid, worldwide license to use, create, copy, store, publish, promote, publicly perform, publicly display, sell, distribute and deliver Your Store Content (the “Store License”).

The Store License includes the right for OraStream to adapt the Store Content to an appropriate file format which will permit integration into the Store and Store License, use selected feature tracks, images and metadata of Your Store Content for display and promotional purposes on the OraStream Site, the Store, third party sites, and in connection with internet search results, and embeddable codes.

Your Store Content will be licensed through an end user license agreement (“SEULA”) in effect at the time the Customer purchases Your Store Content. You acknowledge and agree that the Customer shall have the right to stream the Store Content to handheld, mobile devices and computers for personal use and that such streaming access by the Customers shall be permitted. Pursuant to the OraStream Customer License, the Customer shall also have the right to store an “in-app” cache copy of the Store Content for off-line listening, a copy in a personal OraStream Account and a download copy to the Customer’s personal computer.

Basically,

Customers get a license to stream your content to mobile devices and PCs from the cloud, store an “in-app” copy for offline listening on mobile and download a copy to playback natively on a PC.

Removal of Store Content

At any time You can remove your Store Content from the Store automatically using the Store settings. In addition, OraStream may remove any Store Content that it believes to be in breach of the Terms. In all cases copies of Your Store Content posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Store License will exist for the period during which a Store Content is posted on the Store and will automatically terminate upon the removal of the Store Content from the Store.

Notwithstanding the foregoing, the SEULA and other such similar end user licenses will continue in respect of any Store Content already sold to or purchased by Customers prior to removal of the Store or Store Content.

Subject to the licenses granted to MP4SLS in these Terms, You retain ownership and the copyright to Your Store Content and all right, title and interest in Your Store Content, including the right to publish, distribute, publicly perform, modify, enhance, change and improve, and all other exclusive rights of the copyright owner.

Basically,

You may remove your content for sale at any time. Content already purchased by customers will continue to have the right to to use.

Payments upon Sale of Store Content

You shall have the discretion to set the pricing for the sale of Your Store Content on the Store. For each completed sale to the Customer, the net sale price, after deducting sales tax or third-party processing fees, if any, shall be paid in the proportion of seventy-five per cent (75%) and twenty-five per cent (25%) to You and MP4SLS respectively. Such payments due upon Sale of Store Content shall be directly credited into a PayPal account designated by You in the Store settings. MP4SLS will provide You with monthly sales accounts and payment information.

In addition to the foregoing, the following terms and conditions shall apply to payment to You for Your Store Content sold through the Store:

  1. The purchase and sale of Your Store Content will be deemed to be complete after payment is received.
  2. Payment will be processed via PayPal as indicated in Your OraStream account or by cheque mailed to an address designated by you in your OraStream account.
  3. If you choose payment by cheque OraStream will deduct a processing fee of $10 USD from the amount owing to You.
  4. MP4SLS may deduct or withhold from any amount owing to You any withholding taxes, or other levies as required by applicable law. [The MP4SLS sales report will include all such deductions and withholdings]. You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you.

MP4SLS shall not be obligated to make any other payments in respect of Store Content used in the Store, the OraStream Site, third party sites, or in other locations for promotional purposes.

Basically,

If you are using the Store to sell your music for profit, you give us permission to publish and deliver your music. We share net sales 75% (to you) and 25% (to us).

 

14. Mobile Music App Publishing and Distribution

 

By clicking “Publish App” (or “Update App” or similar language provided by Orastream) or by creating and publishing a mobile music app (“Licensed Application’), the following terms and conditions apply in addition to the general Terms. Throughout these Terms, a reference to the ‘purchase’ or ‘sale’ (or similar words) (as defined below) means the purchase or sale of an end user license (as defined below) to use Your Store Content.

Basically,

You agree to the following additional terms when publishing a mobile music app for distribution on app stores.

About the Licensed Application

The Licensed Application is a mobile music and software application that fully integrates Your Store Content with proprietary mobile app software into an end-user mobile music app (“Licensed Application”) for distribution through app stores (“App Stores”) to music fans (“End Users”).

Use of Store Content and grant of license

You grant to MP4SLS a non-exclusive, non-transferable, fully-paid, worldwide license to use, create, copy, store, publish, promote, publicly perform, publicly display, sell, distribute and deliver Store Content in the Licensed Application (“Publisher License”).

The Publisher License includes the right for ORASTREAM to adapt Store Content to an appropriate file format which will permit integration into the Licensed Application, use selected feature tracks, images and metadata for display and promotional purposes within the Licensed Application, on App Stores, the ORASTREAM Site, third party sites, and in connection with internet search results.

The Licensed Application will be licensed through an end user license agreement (“LAEULA”) in effect at the time the End Users purchase the Licensed Application. You acknowledge and agree that the End Users shall have the right to stream the Store Content to handheld, mobile devices and computers for personal use and that such streaming access by the End Users shall be permitted. Furthermore, the End Users shall also have the right to store an “in-app” cache copy for off-line listening, a copy in a personal ORASTREAM Account and a download copy to the Customer’s personal computer.

Basically,

Your fans will get a license to stream your music to mobile devices and PCs from the cloud, store an “in-app” copy for offline listening on mobile and download a copy to playback natively on a PC.

Publishing Fee

For each Licensed Application published for distribution through an app store, a publishing fee (according to the schedule of pricing for publishing mobile music apps which may be change from time to time) shall be paid to MP4SLS. Such payment shall be directly credited into our PayPal account upon creation and publishing of the Licensed Application.

MP4SLS shall not be obligated to make any other payments in respect of third party sites or in other locations for promotional purposes.

Basically,

We charge a publishing fee for each Licensed Application created and published on an app store.

Sale and pricing of Licensed Application and Store Content

You have the discretion to set the pricing for sale of the Licensed Application. However, the minimum price for the Licensed Application shall be US$0.99 cents.

For each completed sale to the End User, the net sale price, after deducting sales tax or third-party processing fees, if any, shall be paid in the proportion of fifty per cent (50%) and fifty per cent (50%) to You and MP4SLS respectively. Such payments due upon sale of the Licensed Application and Store Content shall be credited into your designated PayPal account. MP4SLS will provide monthly sales accounts and payment information.

In addition to the foregoing, the following terms and conditions shall apply to payments to You for the Licensed Application sold through the App Stores:

  1. The purchase and sale will be deemed to be completed after net sale price payment from the App Store is received by MP4SLS.
  2. Payments will be processed via PayPal as indicated in Your ORASTREAM account or by cheque mailed to an address designated by you in your ORASTREAM account.
  3. If you choose payment by cheque MP4SLS will deduct a processing fee of $10 USD from the amount owing to You.
  4. MP4SLS may deduct or withhold from any amount owing to You any withholding taxes, or other levies as required by applicable law. [The MP4SLS sales report will include all such deductions and withholdings.] You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you.

The price for the sale of each Licensed Application must be at least US$0.99 cents; we share the net sale on a 50:50 basis.

 

15. Intellectual Property/Reporting Infringements

 

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 MP4SLS and/or its registered users and/or licensors. MP4SLS shall be entitled to seek protection in respect of MP4SLS’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 MP4SLS 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:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the OraStream Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your notice should be sent to us by email to copyrightagent@mp4sls.com and/or by mail to the following address:

  • MP4SLS Private Limited
  • 50 Tagore Lane, #05-06
  • Singapore 797494

If you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), your notice should be sent to OraStream’s designated copyright agent by email to copyrightagent@mp4sls.com and/or by mail to the above address:

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark or other intellectual property rights, which you believe violates your rights of privacy or publicity, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, please report this to us at copyrightagent@mp4sls.com.

Basically,

We respect copyright. If there is a problem, please email copyrightagent@mp4sls.com with all the details.

 

16. Termination.

 

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:

  1. terminate this Agreement and/or your OraStream Account(s); and/or
  2. terminate the Content License, the OraStream Site Access License and/or licenses to OraStream Software; and/or
  3. preclude access to the OraStream Service (or any part thereof). We will notify you if we take any of the foregoing actions.

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 MP4SLS 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.

Basically,

You can stop using your account at any time. We can do likewise if you breach our terms of use.

 

17. Disclaimer

 

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, MP4SLS 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. MP4SLS 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. MP4SLS 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.

MP4SLS 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.

Basically,

Things may go wrong – we make no promises that they won’t and disclaim responsibility when they do.

 

18. Limitation of Liability

 

IF YOU ARE DISSATISFIED WITH THE ORASTREAM SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE ORASTREAM SERVICE.

MP4SLS AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:
    1. YOUR INABILITY TO ACCESS OR USE THE ORASTREAM SERVICE OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE ORASTREAM SERVICE;
    2. ANY CHANGES THAT MP4SLS MAY MAKE TO THE ORASTREAM SERVICE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE ORASTREAM SERVICE IN OR FROM ANY OR ALL TERRITORIES;
    3. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE ORASTREAM SERVICE, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY MP4SLS OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE ORASTREAM SERVICE;
    4. ANY ERRORS OR OMISSIONS IN THE ORASTREAM SERVICE’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;
    5. YOUR FAILURE TO PROVIDE ORASTREAM WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
  2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
  3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF MP4SLS BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND MP4SLS AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE ORASTREAM SERVICE MUST BE NOTIFIED TO MP4SLS 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 .

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF MP4SLS, FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR DELIBERATE ACTS OR OMISSIONS, FOR ANY FORM OF FRAUD OR DECEIT, OR FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IN ALL CASES, YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MP4SLS AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND MP4SLS, AND THAT MP4SLS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Basically,

Cancel your account if you are dis-satisfied with the service. We are not liable if you suffer any loss.

 

19. Indemnification

 

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MP4SLS, 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:

  1. ANY THIRD PARTY CLAIM OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OR INVASION OF PRIVACY ARISING FROM THE HOSTING OF YOUR CONTENT ON THE ORASTREAM SERVICE, AND/OR YOUR MAKING AVAILABLE THEREOF TO OTHER USERS OF THE ORASTREAM SERVICE, AND/OR THE ACTUAL USE OF YOUR CONTENT BY OTHER USERS OF THE ORASTREAM SERVICE IN ACCORDANCE WITH THESE TERMS OF USE AND THE PARAMETERS SET BY YOU WITH RESPECT TO THE DISTRIBUTION AND SHARING OF YOUR CONTENT;
  2. ANY ACTIVITY RELATED TO YOUR ACCOUNT, BE IT BY YOU OR BY ANY OTHER PERSON ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT.
Basically,

Don’t infringe someone else’s copyright as you will be responsible if you do.

 

20. Data Protection and Privacy

 

All personal data that you provide to us in connection with your use of the OraStream Service is collected, stored, used and disclosed by OraStream in accordance with our Privacy Policy. By accepting these Terms of Use and using the OraStream Service, you also accept the terms of the Privacy Policy, which are incorporated into this Agreement by reference.

Basically,

We adopt a Privacy Policy which you accept.

 

21. Changes.

 

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.

Basically,

When terms of use change, we will post them on the OraStream Site.

 

22. Assignment to Third Parties

 

MP4SLS 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 MP4SLS. 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 MP4SLS.

Basically,

You cannot assign your account to any third party.

 

23. Entire Agreement

 

These Terms of Use, together with the Privacy Policy (which are hereby incorporated by this reference), constitute the entire agreement between you and MP4SLS with respect to your use of the OraStream Service (other than any use of OraStream Software or other associated agreements which may also be subject to separate Terms of Use), and supersede any prior agreement between you and MP4SLS, written or oral. Any modifications to this Agreement may be made only by MP4SLS.

 

24. Miscellaneous.

 
  1. In the event of a direct conflict between the terms of this Agreement and:
    1. other terms and conditions that may be applicable to the OraStream Service generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and
    2. the Privacy Notice, Additional Terms, Software Licenses or Digital Millennium Copyright Notice, the terms and conditions of such statement, document, license or policy will control with respect to the subject matter thereof.
  2. The failure of MP4SLS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
  3. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect.
  4. MP4SLS will not be responsible for failures to fulfill any obligations due to causes beyond its control.
  5. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose.
  6. All notices and demands required to be given to MP4SLS hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to MP4SLS Private Limited, 50 Tagore Lane, #05-06A, Singapore 787494.
 

25. Third Party Rights

 

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.

 

26. Governing Laws

 

Except where otherwise required by the mandatory law of the United States or any member state of the European Union:

  1. this Agreement is subject to the laws of the Republic of Singapore, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
  2. you hereby agree, and OraStream agrees, to submit to the non-exclusive jurisdiction of the Singapore courts.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which MP4SLS seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by MP4SLS or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against MP4SLS, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Basically,

Our company is incorporated in Singapore. These terms are governed under the laws of Singapore.

 

27. Arbitration.

 

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.

 

Schedule of Pricing

 

2. Publishing Fee

On APPLE App Store (iOS devices): US$100.00

 

STORE END USER LICENSE AGREEMENT (“SEULA”)

 

The Store Content is licensed, not sold, to End User for use only under the terms of this license, unless a Store Content is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to End User’s prior acceptance of that separate license agreement. The licensor (“Content Licensor”) reserves all rights not expressly granted to End User. The Store Content that is subject to this license is referred to in this license as the “Licensed Content.”

a. Scope of License: This license granted to End User for the Licensed Content by Content Licensor is limited to a non-transferable license to use the Licensed Content on mobile computing devices or personal computers that End User own or control. . This license does not allow End User to use the Licensed Content on any other mobile computing device or personal computers that End User do not own or control, and End User may not distribute or make the Licensed Content available over a network where it could be used by multiple devices at the same time. End User may not rent, lease, lend, sell, redistribute or sublicense the Licensed Content. End User may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Content, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Content). Any attempt to do so is a violation of the rights of the Content Licensor. If End User breaches this restriction, End User may be subject to prosecution and damages. The terms of the license will govern any replacement provided by Content Licensor that replace and/or supplement the original Store Content, unless such replacement is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: End User agrees that Content Licensor may collect and use technical data and related information, including but not limited to technical information about End User device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, Store Content support and other services to End User (if any) related to the Licensed Content. Content Licensor may use this information, as long as it is in a form that does not personally identify End User, to improve its Store Contents or to provide services or technologies to End User.

c. Termination. The license is effective unless terminated by End User or Content Licensor. End User’s rights under this license will terminate automatically without notice from the Content Licensor if End User fails to comply with any term(s) of this license. Upon termination of the license, End User shall cease all use of the Licensed Content, and destroy all copies, full or partial, of the Licensed Content.

d. Services; Third Party Materials. The Licensed Content may enable access to Content Licensor’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that End User accepts additional terms of service.
End User understands that by using any of the Services, End User may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, End User agrees to use the Services at End User’s sole risk and that the Content Licensor shall not have any liability to End User for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, End User acknowledges and agrees that the Content Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Content Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to End User or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to End User.
End User agrees that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that End User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. End User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and End User shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. End User further agrees not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Content Licensor is not in any way responsible for any such use by End User, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that End User may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from displayed on or linked to from the mobile computing devices and personal computers are not available in all languages or in all countries. The Content Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent End User chooses to access such Services or Materials, End User do so at End User’s own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Content Licensor and its third party Services, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Content Licensor be liable for the removal of or disabling of access to any such Services. The Content Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED CONTENT IS AT END USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH END USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED CONTENT AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED CONTENT ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CONTENT LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED CONTENT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CONTENT LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH END USER’S ENJOYMENT OF THE LICENSED CONTENT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED CONTENT WILL MEET END USER’S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED CONTENT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONTENT LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED CONTENT OR SERVICES PROVE DEFECTIVE, END USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CONTENT LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO END USER’S USE OR INABILITY TO USE THE LICENSED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CONTENT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Content Licensor’s total liability to End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Singapore fifty dollars (S$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. Except where otherwise required by the mandatory law of the United States or any member state of the European Union:

  1. this Agreement is subject to the laws of the Republic of Singapore, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
  2. End User hereby agrees, and Content Licensor agrees, to submit to the non-exclusive jurisdiction of the courts in Singapore for resolution of any dispute, action or proceeding arising in connection with this Agreement.
 

PRIVACY POLICY (ADDENDUM TO SEULA)

THIS NOTICE DESCRIBES OUR PRIVACY POLICY. BY USING OUR ORASTREAM APP, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE.

What Information Does OraStream Gather About You?

1. Information You Give Us: When you register for an OraStream Account, we would receive and store information you enter on OraStream Site, including your email address and password. You may choose to provide additional information for your profile including a profile picture or avatar which you may delete, edit and change from time to time.

2. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, the Internet Protocol (IP) and/or MAC address of the device from which you access the OraStream Service, time and frequency of your visits to the OraStream Site, information collected through cookies and information regarding your interaction with email messages.

3. Information from Other Sources: We might receive information about you from other sources and add it to our account information.

Does OraStream Share The Information It Receives?

We will not share your personal information with any third party, except for specific instances as follows:

1. Other Users: Personal information in your public profile (other than your email mail address) will be accessible by other users of the OraStream Service. If you listen to music tracks uploaded by other users, the fact that you have listened to those music tracks will be shared with the relevant user, so they may know the popularity and listenership of their music.

2. As Aggregated Data: We will aggregate your personal data will similar data relating to other users to produce aggregated statistical information regarding the use of the OraStream Service, which we may then share with third parties. None of this information would include any personal contact information, such as, email addresses, or anything that can identify any specific user.

3. Protection of OraStream and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of OraStream, our users, or others. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes.

4. Service Providers: We use established, reputable third party service providers to deliver specialized services related to the OraStream Service. These third parties will have access to some information about you in the course of providing their services to us. Where we transfer personal information to these third parties, we require these parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal information, and only to process personal information in accordance with our instructions and to the extent necessary to deliver their services to us.

5. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

6. Business Transfer: We may disclose your personal information to any person, company or entity that acquires all or substantially all of the assets or business of MP4SLS, or on a merger of our business, on in the event of the company’s insolvency.

How Does OraStream Use Your Personal Information?

Your email address and password are used to identify you when you log into the OraStream Service so as to operate and maintain your OraStream Account(s), provide you with access to the OraStream Site and use of the OraStream Services from time to time as well as to identify you as the producer of the audio music tracks that you submit, upload or post to the OraStream Service. Your email address will be used to send you notifications and information about new releases, if you have elected to receive them. In addition, your information will be used in aggregated studies for our analysis on the use of OraStream Services. We will also use your personal information to prevent or take action against activities that are, or may be, in breach of our Terms of Use or any applicable laws.

Are Children Allowed to Use OraStream?

If you are under 18, you may use OraStream only with the involvement of a parent or guardian.

Conditions of Use, Notices, and Revisions

If you choose to visit OraStream, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use including limitations on damages, resolution of disputes, and choice of law.

If you have any concern about privacy at OraStream, please contact us privacy@mp4sls.com with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice, Conditions of Use and End User License Agreement will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.

 

LICENSED APPLICATION END USER LICENSE AGREEMENT (“LAEULA”)

 

The Products transacted through the Service are fully integrated music and software applications. The terms of this license applies both to the software and music as a fully integrated contract at the time of purchase. The Products are licensed, not sold, to You for use only under the terms of this license, unless a Product or Service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control and as permitted by the Usage Rules set forth in the respective sections of App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

c. Termination. The license is effective for a period of ten (10) years, unless sooner terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except where otherwise required by the mandatory law of the United States or any member state of the European Union:

  1. this Agreement is subject to the laws of the Republic of Singapore, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
  2. you hereby agree, and MP4SLS agrees, to submit to the non-exclusive jurisdiction of the courts in Singapore for resolution of any dispute, action or proceeding arising in connection with this Agreement.
 

PRIVACY POLICY (ADDENDUM TO LAEULA)

THIS NOTICE DESCRIBES OUR PRIVACY POLICY. BY USING OUR ORASTREAM APP, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE.

What Information Does OraStream Gather About You?

1. Information You Give Us: When you register for an OraStream Account, we would receive and store information you enter on OraStream Site, including your email address and password. You may choose to provide additional information for your profile including a profile picture or avatar which you may delete, edit and change from time to time.

2. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, the Internet Protocol (IP) and/or MAC addresses of the device from which you access the OraStream Service, time and frequency of your visits to the OraStream Site, information collected through cookies and information regarding your interaction with email messages.

3. Information from Other Sources: We might receive information about you from other sources and add it to our account information.

Does OraStream Share The Information It Receives?

We will not share your personal information with any third party, except for specific instances as follows:

1. Other Users: Personal information in your public profile (other than your email mail address) will be accessible by other users of the OraStream Service. If you listen to music tracks uploaded by other users, the fact that you have listened to those music tracks will be shared with the relevant user, so they may know the popularity and listenership of their music.

2. As Aggregated Data: We will aggregate your personal data will similar data relating to other users to produce aggregated statistical information regarding the use of the OraStream Service, which we may then share with third parties. None of this information would include any personal contact information, such as, email addresses, or anything that can identify any specific user.

3. Protection of OraStream and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of OraStream, our users, or others. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes.

4. Service Providers: We use established, reputable third party service providers to deliver specialized services related to the OraStream Service. These third parties will have access to some information about you in the course of providing their services to us. Where we transfer personal information to these third parties, we require these parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal information, and only to process personal information in accordance with our instructions and to the extent necessary to deliver their services to us.

5. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

6. Business Transfer: We may disclose your personal information to any person, company or entity that acquires all or substantially all of the assets or business of MP4SLS, or on a merger of our business, on in the event of the company’s insolvency.

How Does OraStream Use Your Personal Information?

Your email address and password are used to identify you when you log into the OraStream Service so as to operate and maintain your OraStream Account(s), provide you with access to the OraStream Site and use of the OraStream Services from time to time as well as to identify you as the producer of the audio music tracks that you submit, upload or post to the OraStream Service. Your email address will be used to send you notifications and information about new releases, if you have elected to receive them. In addition, your information will be used in aggregated studies for our analysis on the use of OraStream Services. We will also use your personal information to prevent or take action against activities that are, or may be, in breach of our Terms of Use or any applicable laws.

Are Children Allowed to Use OraStream?

If you are under 18, you may use OraStream only with the involvement of a parent or guardian.

Conditions of Use, Notices, and Revisions

If you choose to visit OraStream, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use including limitations on damages, resolution of disputes, and choice of law.

If you have any concern about privacy at OraStream, please contact us privacy@mp4sls.com with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice, Conditions of Use and End User License Agreement will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.

 

OraStream’s Privacy Policy

 

This notice describes our privacy policy. By visiting OraStream, you are accepting the practices described in this Privacy Notice.

What Information Does OraStream Gather About You?

1. Information You Give Us: When you register for an OraStream Account, we would receive and store information you enter on OraStream Site, including your email address and password. You may choose to provide additional information for your profile including a profile picture or avatar which you may delete, edit and change from time to time.

2. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, the Internet Protocol (IP) and/or MAC addresses of the device from which you access the OraStream Service, time and frequency of your visits to the OraStream Site, information collected through cookies and information regarding your interaction with email messages.

3. Information from Other Sources: We might receive information about you from other sources and add it to our account information.

Does OraStream Share The Information It Receives?

We will not share your personal information with any third party, except for specific instances as follows:

1. Other Users: Personal information in your public profile (other than your email mail address) will be accessible by other users of the OraStream Service. If you listen to music tracks uploaded by other users, the fact that you have listened to those music tracks will be shared with the relevant user, so they may know the popularity and listenership of their music.

2. As Aggregated Data: We will aggregate your personal data will similar data relating to other users to produce aggregated statistical information regarding the use of the OraStream Service, which we may then share with third parties. None of this information would include any personal contact information, such as, email addresses, or anything that can identify any specific user.

3. Protection of OraStream and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of OraStream, our users, or others. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes.

4. Service Providers: We use established, reputable third party service providers to deliver specialized services related to the OraStream Service. These third parties will have access to some information about you in the course of providing their services to us. Where we transfer personal information to these third parties, we require these parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal information, and only to process personal information in accordance with our instructions and to the extent necessary to deliver their services to us.

5. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

6. Business Transfer: We may disclose your personal information to any person, company or entity that acquires all or substantially all of the assets or business of MP4SLS, or on a merger of our business, on in the event of the company’s insolvency.

How Does OraStream Use Your Personal Information?

Your email address and password are used to identify you when you log into the OraStream Service so as to operate and maintain your OraStream Account(s), provide you with access to the OraStream Site and use of the OraStream Services from time to time as well as to identify you as the producer of the audio music tracks that you submit, upload or post to the OraStream Service. Your email address will be used to send you notifications and information about new releases, if you have elected to receive them. In addition, your information will be used in aggregated studies for our analysis on the use of OraStream Services. We will also use your personal information to prevent or take action against activities that are, or may be, in breach of our Terms of Use or any applicable laws.

Are Children Allowed to Use OraStream?

If you are under 18, you may use OraStream only with the involvement of a parent or guardian.

Conditions of Use, Notices, and Revisions

If you choose to visit OraStream, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use including limitations on damages, resolution of disputes, and choice of law.

If you have any concern about privacy at OraStream, please contact us privacy@mp4sls.com with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and our Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.