Terms and Conditions
Terms and Conditions
OOiZiT.com’s Terms and Conditions
Effective Date: October, 2009
OOiZiT is an online community for new UK music talent and provides a space for music artists, bands, DJ’s, promoters and fans to meet and share new music.
OOiZiT.com Joining Prices
To view OOiZiT Premium joining prices please click here
www.OOiZiT.com is owned and operated by OOiZiT Plc (”OOiZiT”) with registered offices at:
Park Lane Business Centre
Company registration number: 06438831
OOiZiT is part of the Zooki Digital Group.
For the purposes of this Agreement, “OOiZiT” includes the Zooki Digital Group, any subsidiary or any person or entity related to or associated with OOiZiT and any person with an interest, direct or otherwise, in OOiZiT.com and/or any of the services, software, and intellectual property of any nature in OOiZiT.com.
OOiZiT.com was created to provide music artists with a new, easy to use platform to promote themselves but more importantly interact, sell tracks, promote themselves and meet new fans. By using OOiZiT.com you accept and agree to be bound by the following terms and conditions (the “Terms and Conditions”). Where applicable under law, these Terms and Conditions constitute a “written agreement”
Changes to OOiZiT.com and the Terms and Conditions
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will place the changes to these Terms of Conditions on this page and we will send registered users an email notifying them of the change.
IF ANY UPDATE TO THESE TERMS AND CONDITIONS IS OBJECTIONABLE TO YOU, YOU SHOULD STOP USING OOIZIT.COM. YOU CAN TERMINATE YOUR ACCOUNT BY INSTRUCTING US VIA EMAIL. YOU CAN DO THIS BY CLICKING HERE. IF YOU CONTINUE TO USE OOIZIT.COM FOLLOWING ANY CHANGES IN THE TERMS AND CONDITIONS OR THIS AGREEMENT OR AFTER RECEIVING NOTIFICATION OF ANY CHANGES TO THESE TERMS AND CONDITIONS, THIS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
Eligibility and Registration
Anyone can join OOiZiT.com but you must be over the age of 13 (If between the ages of 13-18 you must have permission from your parent or guardian to register on the site). By registering on OOiZiT.com you agree that you are 13 or older and that you are able to understand these Terms and Conditions and to be bound by this Agreement. You agree that any information you provide is true and accurate in order to become a member (“Member”).
Upon registration you must select a user name and password which you must keep safe. You are responsible for all activities occurring under the user name you select. OOiZiT reserves the right to decline any request for a username if we deem it to be offensive, protected by copyright, trademark or proprietary rights by law, or in any way inappropriate.
Respect for others and general conduct OOiZiT.com is made available for your personal use only. You agree that you will not copy, deface, reproduce, or otherwise place content on any pages that reside on the OOiZiT.com server. You agree you will not use OOiZiT.com for any illegal or unauthorized purpose. You are solely responsible for your behaviour, actions, data, text, personal information, images, audio, video, links and any other content (”Content”) that you upload or otherwise submit or display on OOiZiT.com.
OOiZiT reserves the right to remove any Content we deem illegal, offensive, threatening, infringes trademarks, infringes copyright, compromises intellectual property rights, or does not comply with these Terms and Conditions without prior notice to the Member. Under no circumstances does OOiZiT have any obligation to monitor any Member’s usage, content, accuracy or truthfulness or the information provided by Members.
Conditions of use
You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all content submitted or acts that arise under your account made by you through OOiZiT.com. By way of example, but without any limitation, you agree that you will NOT:
• Post, distribute, or disseminate defamatory, obscene, or other unlawful material or information or any material or information that in any infringes any intellectual property rights of whatever nature.
• Harass, abuse, stalk, threaten, defame or in any way violate any rights of privacy and/or publicity
• Collect or use contact details, personal information or any other information found within a Member’s profile for any purpose other than establishing contact in a manner that is reasonably to be expected by such other Members.
• Upload content to which you do not own all copyrights, trademarks or intellectual property.
• Post, transmit or otherwise distribute software, viruses, bots, and computer code, for any reason.
• Do anything that has or may have a detrimental effect on the secure and proper running of OOiZiT.com or on any computer or server belonging to any Member.
• Use OOiZiT.com for any unlawful reason.
• Attempt to gain unlawful access to OOiZiT’s networks, computer systems, Member’s information, through any means including but not restricted to password mining.
• Scrape, collect or re-use any information from any pages that sit on the OOiZiT.com servers without lawful authority from the owner or owners of such information.
• Create misrepresenting, false or in any way misleading Member’s profiles including, without limitation, profiles for OOiZiT.com employees.
• Post, distribute, or disseminate pornographic content.
• Post, distribute, or disseminate any expression of bigotry, racism, homophobia, hatred, foul language or profanity.
OOiZiT does not claim any ownership rights in any content that you upload, post, or provide through OOiZiT.com and you still retain all rights to use the Content in any lawful way you desire. In order for OOiZiT to provide you with a reliable and trustworthy service you hereby agree to give OOiZiT the rights to use, alter, publically display, publically perform, distribute, reproduce and modify all content you supply. If we do not have these rights to use we will not be able to display the content you supply, or compress any video or audio content that you provide.
These rights of use are cancelled once you terminate your account. YOU CAN TERMINATE YOUR ACCOUNT BY INSTRUCTING US VIA EMAIL. YOU CAN DO THIS BY CLICKING HERE.
OOiZiTowns all rights of the OOiZiT.com website and OOiZiT.com services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. This includes, without limitation, all Design, text, software and graphics displayed on OOiZiT.com and related services.
You CAN NOT reproduce, copy, amend, publically perform, publically display or sell any of OOiZiT’s information over which OOiZiT has intellectual property rights without written confirmation.
SMS Terms and Conditions
You can text OOiZiT.com followed by your profile name to 87085. Your profile picture will appear within the SMS area on the community page of OOiZiT.com. You will appear on this page for the duration of time it takes for 5 other shoutouts to appear. We DO NOT guarantee a minimum amount of time that you will appear on this page. *Shoutouts can only be sent to from within the UK using Vodafone, O2, Virgin, T-Mobile, Orange or Three networks. Your phone will be charged a flat fee of £1.50 per time that you text in + the cost of the text message from your network, at basic rates. Due to the large amount of users you may not see yourself in the shout out box but other users will have. We take no responsibility for text messages lost in translation due to network providers and by using this service you agree to these terms.
OOiZiT Premium trial fees
From time to time we may introduce a Trial period where you will receive a promotional code to gain access to our premium service (“OOiZiT Premium”). The general availability and length of trials we make available from time to time is at our discretion.
When you apply for OOiZiT Premium, OOiZiT will determine the length of your Trial (“the Trial Period”) which will be notified to you during the registration process and will be consistent with the Trial Period referred to in any online advertising (or other promotional codes) you used to apply for OOiZiT Premium.
PLEASE NOTE: During the Trial Period, you will be given unlimited online access to your account during the Trial Period. Depending on the type of promotional code you have, certain other services (“Additional Services”) may need to be paid for during the Trial Period. The Website automatically recognises your membership package which will be consistent with the features of the membership package referred to in any online advertising (or other promotional codes) you used to register for OOiZiT Premium. Where appropriate, the order page on OOiZiT.com will ask for payment for any Additional Services.
Shortly after Registration we will send you a service e-mail confirming your registration and the length of the Trial Period.
Unless this Agreement is cancelled before the end of the Trial Period, you will be regarded as a subscriber of OOiZiT Premium, and will be liable to pay the fees for OOiZiT Premium at the prevailing rate. Your membership of OOiZiT Premium will automatically continue until it is cancelled and you will be charged a Monthly subscription as explained below.
OOiZiT Premium fees
Using OOiZiT.com is free unless you subscribe to OOiZiT Premium. Where payment is required, you agree to pay the Fees for OOiZiT Premium and/or any Additional Services using a valid and authorised payment card (the “Payment Card”) bearing your name or an authorised PayPal account (the “PayPal Account”) in your name. All payments taken from the Payment Card or the PayPal Account will be in pounds Sterling.
From time to time we may change the Fees payable for OOiZiT Premium and/or any Additional Services. If we do so, we will notify Members of any change before it is effective. Notification may be in the form of an e-mail, a notice on OOiZiT.com or, for Additional Services, a notification included in the process of completing a purchase of any such Additional Services. You should check OOiZiT.com regularly for any such notices.
The fees for OOiZiT Premium will be debited from the Payment Card or the PayPal Account on the following occasions:
• For a yearly subscription, on the day that you join (the “Joining Date”) OOiZiT Premium and on the anniversary of the Joining Date in each subsequent year for as long as you remain a member of OOiZiT Premium. Renewal fees will be charged conveniently and automatically, at the then current rate, to the Payment Card or the PayPal Account until you cancel your membership as explained under “Cancellation and Refunds” below;
• For a Monthly subscription, on the Joining Date and on the first day of each month subsequent to the Joining Date.for as long as this Agreement continues. Monthly fees are charged in full, regardless of the day that you join and are not pro-rated. Renewal fees will be charged conveniently and automatically, at the then current rate, to the Payment Card or the PayPal Account until you cancel your membership as explained under “Cancellation and Refunds” below.
By way of example only:
If successful completion of Registration is on 15th May and the Trial Period is 30 days, then, unless you cancel your subscription on or before 15th June the first payment of the Monthly subscription Fee will be payable in full for June and will be charged to your Payment Card or PayPal Account on 1st July. The next payment of the Monthly subscription will be charged on 1st August and so on.
By agreeing to these Conditions you authorise us to use the information about the Payment Card to verify your identity, to set up your use of the Services and, where appropriate to your membership package, charge the Fees for the Services in accordance with these Conditions.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU CONFIRM THAT YOU UNDERSTAND THAT YOUR AUTHORITY TO CHARGE SUBSRIPTION FEES TO YOUR PAYMENT CARD OR PayPal ACCOUNT WILL REMAIN IN FORCE UNTIL YOU CANCEL IT. CANCELLATION OF SUCH AUTHORITY WILL BE CONSIDERED AS A TERMINATION THIS AGREEMENT. YOU MUST NOTIFY US OF YOUR CANCELLATION OF THIS AUTHORITY BY:
• Telephoning us on 0115 979 8437 (Monday to Friday 9am to 6pm, Saturday 9 am to 1pm); or
• By writing to us at OOiZiT Plc, Park Lane Business Centre, Park Lane, Nottingham NG6 0DU.
At the end of a Purchased Period:
A Purchased Period means, in the case of a Yearly Subscription, the period from the Joining Date to the day immediately preceding the anniversary of the Joining Date.
A Purchased Period means, in the case of a Monthly Subscription, in the first month, the period from the Joining Date to the last day of the month of the Joining Date and in subsequent months, the last day of the relevant month.
If this Agreement is not cancelled at the end of the appropriate Purchased Period, it will automatically continue as a Monthly subscription until it is cancelled and you will be charged a Monthly subscription fee.
Cancellation and refunds
You may cancel your access to OOiZiT.com at any time. However, no refund will be given for any unexpired part of the purchased period.
If you cancel the authority for us to charge the Fee to the Payment Card, we will treat this as a request by you to cancel this Agreement and you will cease to have access to OOiZiT Premium and any Additional Services.
We have the right, at our discretion, to suspend or cancel your Registration, use of OOiZiT.com, OOiZiT Premium or any Additional Services and/or provision of Information immediately if we have reasonable grounds to suspect that any information provided by you either before or after Registration is untrue or inaccurate, when there is any use of your user name or password which is not in accordance with these Conditions or for any other reason at our reasonable discretion. Where we suspend or cancel your Registration, we will notify you accordingly.
By clicking the “buy” button your chosen track will be added to your shopping cart (this is visable at the top of your screen). Once you have added all tracks you wish to purchase to your shopping cart you can purchase these in one transaction via the shopping cart itself. This will show as one transaction on your bill.
Once you have purchased the tracks, these tracks will automatically be added into your “music library”. If you wish to download the purchased tracks to your computer you can do so by selecting the tracks and then selecting the “download” feature. This will then collate all of the selected tracks and bundle these into a zip file. The zip file will need to be saved to your computer to access the music files.
In the event that your tracks are not added to your music library after purchase and after investigation by our customer support team it is deemed eligible, you will be entitled to a full refund. If you are eligible for a full refund, the complete transaction value will be credited to your Payment Card or PayPal Account within 5 working days.
OOiZiT.com accepts credit/debit cards or payment through your PayPal account as forms of payment. If a credit/debit card company, or your PayPal account, is being used for a transaction, OOiZiT Plc may obtain a pre-approval from the credit/debit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit/debit card or to your PayPal account occurs at the time of purchase or shortly thereafter. If the total amount of the transaction is greater than the balance available on your credit/debit card, or PayPal account, you will be charged for the balance and your purchase will not be processed until the amount due has been paid in full.
OOiZiT.com accepts the following credit/debit cards: Visa, MasterCard, American Express, Maestro, solo, giro pay or direct debit.
Track/music sales and purchases Terms and Conditions
With OOiZiT Premium you can sell tracks through OOiZiT.com. In order to sell a track you must have a registered ISRC code and own all rights to the audio in question, this includes but is without limitation to the composition and lyrics of the work. You will be solely responsible for the pricing of your track; however, there is a minimum sale price of 0.79p. When selling a track via OOiZiT.com you will receive 100% of the royalties. However, there are transaction costs incurred for using this service and these will be deducted from any sale or transaction. Each transaction will have the following deducted:
• Transaction fee 1: 2.99% of the sale value
• Transaction fee 2: £0.20 per transaction request
These fees are representative of the transaction costs OOiZiT.com incur by allowing you to sell tracks throughout OOiZiT.com. We make no money from the individual transaction.
Once the two fees have been deducted from each transaction you receive 100% of the transaction value. By agreeing to these terms and conditions you accept that you will incur these transaction fees.
To ensure you pay the least amount in transaction fees OOiZiT.com staggers its payments from other users, so that if you sell a track, you will not receive payment instantly. We hold off all payments for a maximum of 5 days in an effort to encourage an increase in purchases for that one transaction; this ensures that you pay the least amount possible for your sold tracks. To that end, it is impossible for us to give a fixed percentage of each sale which is removed to cover transaction fees.
With OOiZiT premium you are able to give users the right to sell your tracks on your behalf. You are solely responsible for stipulating the commission they receive for selling that track.
At the end of each month, if your bank balance is equal to or higher than £30.00, we release the money that you have earned through track sales either to your PayPal Account or by cheque. For each of these release methods we charge a standard rate of £5.00 as an administration fee. By agreeing to these terms and conditions you accept these administration fees. To change your out payment preferences you can amend these via “The bank” section in your account.
Promotional tool - Email marketing “OOiZiT Mail”
With OOiZiT Premium you gain access to “OOiZiT Mail”. This service gives you the opportunity to promote a range of activities including, but not limited to, a track release, an event or promotion designed to attract new fans. if you use this service your Payment Card or PayPal Account will be charged £4.00 for the first 1000 promotional emails (for each promotion you conduct), and £2.00 per subsequent 1000 emails.
You CANNOT upload, post, distribute or disseminate any content to which you do not expressly own the copyright, trademark or intellectual property rights OR without written consent from the owner of such copyright, trademark or intellectual property rights. We take this issue very seriously, if you believe any content on OOiZiT.com infringes these conditions, you should send all of the information relating to the infringement including, without limitation, the details of the content you believe infringes your copyright, trademark or intellectual property rights, a description of the content, a description of how you feel the your copyright, trademark or intellectual property rights have been infringed, your name, address, telephone number and email address to: copyright@OOiZiT.com
At present OOiZiT.com is not designed to support mobile or WAP applications and therefore OOiZiT is not responsible for content, access, loss in quality, or connection speed to OOiZiT.com via any mobile or WAP services. OOiZiT is not responsible for any additional charges you may incur for accessing OOiZiT.com via any mobile or WAP service.
Limitation of Liability
Your use of OOiZiT.com is at your own risk. Under no circumstances will OOiZiT, or any affiliates, managers or employees of OOiZiT be liable for any direct or indirect, coincidental or special damages or losses that you incur. These include, but are not limited to, direct or indirect, coincidental or special damages or losses incurred as a result of your or any other person’s use of OOiZiT.com, or any disturbance, delay or execution in service (including damages incurred by third parties).
This agreement shall be governed by and construed in accordance with the laws of England and Wales and be subject to the exclusive jurisdiction of the Courts of England and Wales.