Terms Of Use

Introduction

Welcome to the Studio 6 Entertainment (“Studio 6”) website, applications and the products and services offered by Studio 6 through its website and mobile network (collectively, including all Materials available through the www.studio6naija.com domain name and the Studio 6 website network, including mobile sites and apps, “Sites”). This Terms of Use describes the terms and conditions applicable to your access and use of the Sites and the products and services offered therein.

Please read the following carefully before using the Sites or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Studio 6, its affiliates, licensors, content providers, and other users. THIS TERMS OF USE FULLY INCORPORATES BY REFERENCE: (A) THE PRIVACY POLICY AND (B) ALL OTHER POLICIES AND GUIDELINES OF THE SITES AND MATERIALS, SERVICES, AND/OR DOWNLOADING AND/OR USING SOFTWARE (AS SUCH TERMS ARE DESCRIBED BELOW), INCLUDING WITHOUT LIMITATION: (I) OFFICIAL RULES FOR ANY CONTESTS, OFFERS OR SWEEPSTAKES, AND (II) THE POLICIES AND GUIDELINES OF ANY THIRD PARTY ADVERTISERS, LICENSORS AND/OR PARTNERS.

By using these Sites and the services and products offered on or through them, you may access the Studio 6 Website and the Studio 6 music service. As used in this Terms of Use, the term, “Software” includes the Studio 6 Website, any Studio 6 music player, any other software owned or controlled by Studio 6 which you have selected for downloading and installation, and any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you. Software includes security components that permit digital information to be protected (i.e, “DRM” components) and its use to occur only as permitted by usage rules set by Studio 6 and/or its licensors who have provided Materials (as defined herein below) for the Services.

Using this Site, you may access some or all of the services (“Services”) offered by Studio 6 and its licensors and authorized business partners (collectively, “Providers”). The Services include, but are not limited to the Studio 6 music, and download facility and TunesGarage (Studio 6 shop).

By using these Sites, the Services, the Materials and/or downloading and/or using Software, you automatically signify your agreement with and acceptance of this TERMS OF USE. You also agree to ensure that anyone who uses these Sites, Software, the Materials and/or the Services on your computer also strictly abides by and adheres to this TERMS OF USE. Studio 6 has the right to revise, alter, change, modify, supplement and/or amend (collectively, “revisions”) this TERMS OF USE at any time for any reason, in its sole discretion, without providing notice to its users. Your continued use of these Sites, Software, the Materials and/or the Services shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. We reserve the right to make revisions to or discontinue any portion of the Sites, Software, the Materials and/or the Services at any time and for any reason, at our sole discretion. We may also impose limits on certain features or restrict your access to parts or the entire Sites without notice or liability. Your continued use of the Sites, Software, the Materials and/or the Services after such revisions shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. You should check this website regularly to determine if any changes and or updates have been made to this TERMS OF USE.

If you do not meet the requirements (as described below) or agree to (or cannot comply with) this TERMS OF USE, as may be revised from time to time, you must stop using the Sites, Software, Materials and Services and, if applicable, cancel your Subscription Service.

This license will terminate upon conditions set forth elsewhere within this TERMS OF USE or if you fail to comply with any term or condition of this TERMS OF USE. In such event, no notice shall be required by Studio 6 to effect such termination.

Use of Materials; Usage Restrictions

All materials and works published by Studio 6 on any of its Sites or available from the Services (including, but not limited to, audio files and streams, video files and streams text, images, illustrations, etc.) are owned or controlled by Studio 6, subsidiaries and/or affiliated companies or a third-party provider or licensor, and may be referred to herein as “Materials.” The Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this TERMS OF USE, certain other policies and agreements, and applicable law. Further, the third party providers and licensors of the Materials have reserved all rights, including without limitation all applicable rights relating to their Materials, as they may prescribe from time to time.

Your use of the Materials is subject to the following prohibitions and restrictions: You are prohibited from copying, reproducing, uploading, exporting, transferring, selling, forwarding, sharing with others or transmitting the Materials in any way unless specifically authorized by Studio 6.

You may use the Materials for personal, non-commercial entertainment use only; you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.

You are prohibited from making modifications to the Materials or creating derivative works based on the Materials, as well as using the Materials on any networked computer environment or other website.

You are prohibited from making any use of the Materials that would infringe the copyrights therein.

You must comply with all applicable law in your use of the Materials and agree to protect any third party licensor’s rights therein.

You are prohibited from making any unauthorized reproduction or distribution of Materials that violates applicable law.

You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions.

All rights not expressly granted to you in this TERMS OF USE are reserved to Studio 6 and/or its licensors. Studio 6 (for itself and for the Materials’ owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.

Disclaimer of Guarantees, Claims, Representations and Warranties

*READ THIS CAREFULLY* THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ACCESS THEM AT YOUR OWN RISK. STUDIO 6 MAKES NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CUSTOM, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, QUALITY, PERFORMANCE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, STUDIO 6 MAKES NO GUARANTEES, CLAIMS, REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES PROVIDED BY LICENSORS, ADVERTISERS, MARKETERS AND/OR THIRD PARTIES WHICH ARE ACCESSIBLE ON OR THROUGH THE SITES, SERVICES, MATERIALS OR SOFTWARE.

NEITHER STUDIO 6 NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, STUDIO 6 PROVIDERS, FACILITIES, INFORMATION PROVIDERS, LICENSORS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, SOFTWARE, MATERIALS AND/OR SERVICES MAKE ANY GUARANTEES, CLAIMS REPRESENTATIONS OR WARRANTIES OF ANY KIND: (A) THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, RELIABLE, UNINTERRUPTED, IMPAIRED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE, OR (B) THAT ERRORS OR DEFECTS RELATED TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES WILL BE CORRECTED.

STUDIO 6 ALSO DOES NOT GUARANTEE, CLAIM, REPRESENT OR WARRANT THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF GUARANTEES, CLAIMS, REPRESENTATIONS AND WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS TERMS OF USE AND YOUR PERMISSION FROM STUDIO 6 TO ACCESS AND USE THE SITES, SOFTWARE, MATERIALS AND SERVICES. STUDIO 6 AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT USER PERSONALLY IDENTIFIABLE INFORMATION (DATA) SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND STUDIO 6 HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR LIABILITIES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH SUCH INFORMATION. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The above exclusions may not apply in some jurisdictions that do not allow the disclaimer of certain implied warranties, so the foregoing disclaimer may not apply to you. In such jurisdictions, all representations and warranties other than those expressly prohibited by applicable law shall be enforced to the fullest extent of the law.

Limitation of Liability

*READ THIS CAREFULLY* YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT STUDIO 6, ITS SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, STUDIO 6 PROVIDERS, PARTNERS, ADVERTISERS, AND AGENTS (COLLECTIVELY, “PROTECTED PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR OTHER RELIEF OF ANY KIND OR NATURE, ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITES, SOFTWARE, MATERIALS AND/OR SOFTWARE INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ASSETS, BUSINESS OR OTHER TANGIBLE AND/OR INTANGIBLE LOSSES, EVEN IF ANY OF THE PROTECTED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES, SOFTWARE, THE MATERIAL AND/OR THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SITES, SOFTWARE, THE MATERIAL AND/OR THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES; (E) INACCURACIES, MISTAKES, OR ERRORS OF CONTENT; (F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES; (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THOUGH THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES BY A THIRD PARTY; OR (H) ANY OTHER MATTER RELATING TO THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL THE PROTECTED PARTIES HAVE CUMULATIVE LIABILITY UNDER THIS TERMS OF USE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE PROTECTED PARTIES’ LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES IS TO DISCONTINUE ANY USE OF THE SITES AND/OR UNINSTALL AND CEASE USE OF SUCH SOFTWARE, MATERIALS AND SERVICES.

Your Representations and Warranties

You represent, promise and warrant that: You possess the legal right and ability to enter into this TERMS OF USE and to comply with its terms; you will use this Site, Software, the Materials and Services for lawful purposes only and in accordance with this TERMS OF USE, other applicable policies and/or agreements and all applicable laws, regulations and policies, including without limitation the Privacy Policy; you will not attempt to decompile, reverse engineer or hack website, or the Services or to defeat or overcome any encryption and/or digital rights management technology implemented by Studio 6 with respect to this Site, Software, the Services and/or data transmitted, processed or stored by Studio 6, Software or the Services; you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by Studio 6 or Studio 6 Providers to protect the content and files distributed by Studio 6, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files; you will not take any steps to interfere with or in any manner compromise any of Studio 6’s security measures, the security measures of Studio 6 Providers, administrators, or other providers.

Indemnity

You agree to indemnify, hold harmless and defend Studio 6, Studio 6 Providers, their successors, their affiliates, and each of their subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, “Indemnified Parties”), at your sole expense, against any and all claims, actions, proceedings, investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (a) violation or breach of any term of this TERMS OF USE or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law, or (b) use or misuse of this Site, Software, the Material and/or Services, (c) or your infringement or the infringement by any other user through your account of any Intellectual Property Rights or other moral, privacy, publicity or similar rights of any person or entity.

Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of Studio 6 used herein are trademarks or registered trademarks of Studio 6 or Studio 6 Providers. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Miscellaneous

Studio 6 reserves all rights not expressly granted herein. Studio 6 may modify this TERMS OF USE at any time for any reason, in its sole discretion, by posting the revised TERMS OF USE on this Site. You may not assign any rights granted to you hereunder. Nothing in this TERMS OF USE shall constitute a partnership or joint venture between you and Studio 6. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this TERMS OF USE shall nonetheless remain in full force and effect. The failure of Studio 6 at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. To the extent that anything in or associated with the Site, Software and/or Services is in conflict or inconsistent with this TERMS OF USE, this TERMS OF USE shall take precedence. If any terms contained herein conflict with the terms contained in any offer or elsewhere on the Sites, these terms and conditions control. This TERMS OF USE and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to Studio 6 under this TERMS OF USE are cumulative and in addition to, not in lieu of, any other rights and remedies which Studio 6 may possess at law or in equity. The terms set forth in this TERMS OF USE and any agreements included or referred to in this TERMS OF USE constitute the final, complete and exclusive agreement with respect to this Site, Software, Materials and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended third-party beneficiaries of this TERMS OF USE and shall have the right to enforce it against you. Upon termination, cancellation, suspension or expiration of this TERMS OF USE for any reason, you agree to cease all access and use of the Site, Software and Services.

If you have any questions or concerns about this TERMS OF USE or any issues raised in this TERMS OF USE or on this Site, please contact us via the Contact Us form.

You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions. All rights not expressly granted to you in this TERMS OF USE are reserved to Studio 6 and/or its licensors. Studio 6 (for itself and for the Materials’ owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.

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