This agreement was most recently updated on July 2, 2021.
You are welcome to the BliuAudio’s Site, which is accessed through bliuaudio.com (the "Site"). The following Terms and Conditions ("T&C") are clearly stated to govern your use of the Site. Access and use of the Site constitutes your total agreement to and acceptance of all the T&C.
BliuAudio reserves the right to revise this T&C in its sole discretion at any time and without prior notice to you other than by posting the revised T&C on the Site. Any revisions to the T&C are effective upon posting. Therefore, It is incumbent upon you to periodically visit this page to ensure your continued acceptance of this T&C. Your continued use of the Site after a revised version of this T&C has been posted by BliuAudio to the Site constitutes your binding acceptance of such revision and the revised T&C. Notwithstanding the preceding sentences of this paragraph, no revisions to this T&C will apply to any dispute between you and BliuAudio that arose prior to the date of such revision.
1. Use of the Site. (a) Eligibility: BliuAudio will only knowingly provide the BliuAudio Site to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 14 years of age, you may use the BliuAudio Site only under the supervision of a parent or legal guardian who agrees to be bound by these T&C. The BliuAudio Site is not intended for children under the age of 14.
(b) Compliance With T&C and Applicable Law. You must comply with all of the terms and conditions of use, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the BliuAudio Site.
(c) Your License to Use the Site.
(1)BliuAudio grants you a limited revocable license to access and use the Site for its intended purposes, subject to your compliance with these T&C. This license does not include the right to collect or use information contained on the Site for purposes prohibited by BliuAudio; create derivative works based on the Products or any third-party content available via the Site; or download or copy the Site. If you use the Site in a manner that exceeds the scope of this license or breach this T&C, BliuAudio may revoke the license granted to you.
(d) Third-Party Services. BliuAudio may use third parties to provide certain services accessible through the Site. BliuAudio does not control those third parties or their services, and you agree that BliuAudio will not be liable to you in any way for your use of such services. These third parties may have their own terms and conditions and other policies. You must comply with such terms and policies as well as these T&C when you use these services. If any such terms or policies conflict with BliuAudio's T&C, agreements or policies, you must comply with BliuAudio's T&C, agreements or policies, as applicable.
2. Rules For Use Of the Site. (a) Prohibited Use. Except as may be expressly permitted by BliuAudio, you may not: (i) interfere with the BliuAudio Site by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the BliuAudio Site; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the BliuAudio Site; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain BliuAudio's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the BliuAudio Site; or (ix) assist or encourage any third party in engaging in any activity prohibited by these T&C.
(b) Monitoring. BliuAudio reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If BliuAudio determines, in its sole and absolute discretion, that you or another BliuAudio user will breach a term or condition as clearly stated on this page or that such transaction or communication is inappropriate, BliuAudio may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
(c) Modification of the Site.BliuAudio may modify the BliuAudio Site at any time with or without notice to you, and will incur no liability for doing so.
3. Duration. Starting from the day the user upgrades to the premium package, there is no limit to the active duration for a premium user, except in a case of termination of the agreement as provided in the T&C.
4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, communications, audio files, photos, pictures and any kind of graphics or any other information ("Submissions"), you grant BliuAudio permission to use such submissions for marketing and other promotional purposes. You agree that BliuAudio will have no obligation to keep any Submissions confidential and you will not bring a claim against BliuAudio based on "moral rights" or the like arising from BliuAudio's use of a Submission.
5. Representations and Warranties. (a) Mutual Representations and Warranties. You represent and warrant to BliuAudio and BliuAudio represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these T&C, (ii) the execution and performance of your or its obligations under these T&C do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these T&C are a legal, valid and binding obligation of the party entering into these T&C, enforceable in accordance with their terms and conditions.
(b) By You. You represent and warrant to BliuAudio that, in your use of the BliuAudio Site, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to BliuAudio that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) BliuAudio will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that BliuAudio incurs in providing the BliuAudio Site; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
6. Exclusions, and Limitations. (a) Disclaimer of Warranties. BliuAudio provides the site and any BliuAudio service on an "as is" and "as available" basis. BliuAudio does not represent or warrant that the site or its use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or software you use. BliuAudio makes no warranties other than those made expressly in these T&C, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
(b) Exclusion Of Damages. BliuAudio will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the BliuAudio site, based on any cause of action, even if advised of the possibility of such damages.
(c) BliuAudio is not a music copyright protection or music registration site or platform. Therefore, having your content on BliuAudio site does not guarantee the registration, or copyright protection of those contents.
7. Indemnification. You will indemnify and hold BliuAudio and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these T&C.
8. Termination and Survival. (a) Termination. BliuAudio may suspend or terminate your use of the Site if it believes, in its sole and absolute discretion, that you have breached a part of these T&C.
(b) Survival. These T&C will survive indefinitely unless and until BliuAudio chooses to terminate them.
(c) Effect of Termination. If you or BliuAudio terminates your use of the Site or any BliuAudio service, which must come in a written notice and three Months ahead, BliuAudio may delete any Submissions or other materials relating to your use of the BliuAudio Site on BliuAudio's servers or otherwise in its possession and BliuAudio will have no liability to you or any third party for doing so.
9. Revenue and Payment There shall be a revenue sharing on the basis of 70% and 30% between You and BliuAudio respectively, from the sales of the contents you upload on BliuAudio site. You are only entitled to request for a payout when your revenue hits a threshold of 20,000 Naira, otherwise BliuAudio will not be required under any circumstance to remit money to you.
10. Notice and procedure for making claims of copyright or other intellectual property infringements. (a) BliuAudio respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask you and our other users to do the same. Infringing activity will not be tolerated on or through the Site or any BliuAudio service.
(b) BliuAudio’s intellectual property policy is to (1) remove material that BliuAudio believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (2) remove any Products or Submissions posted to the Site by “repeat infringers.” BliuAudio considers a “repeat infringer” to be any user that has uploaded Products or Submissions to the Site and for whom BliuAudio has received more than two takedown notices compliant with respect to such Products or Submissions. BliuAudio has discretion, however, to terminate the account or permission to access the Site of any user after receipt of a single notification of claimed infringement or upon BliuAudio’s own determination.
(c) Procedure for Reporting Claimed Infringement. If you believe that any Productions or Submissions made available on or through the Site or any BliuAudio service have been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to firstname.lastname@example.org. Your communication must include substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(iii) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BliuAudio to locate the material;
(iv) Information reasonably sufficient to permit BliuAudio to contact you, such as an address, telephone number, and an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(d) Counter Notification. If you receive a notification from BliuAudio that material made available by you on or through the Site or any BliuAudio service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide BliuAudio with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, and include substantially the following information:
(i) A physical or electronic signature of the subscriber;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.