Last Updated: 9th December 2019
See also, our Privacy Policy
Below is a legal agreement between you and Ocean Music Lab (Kemp House, 152 - 160 City Road, London EC1V 2NX) ("Ocean", "us", "we", or "our") which sets out the terms and conditions ("Terms") for your use of our web application Ocean including data, associated media and services made available through the application ("App").
By using the App you agree to these Terms, which will be legally binding to you. If you do not agree to the Terms, you must stop using the App. We license the use of the App to you on the basis of these Terms. We remain the owners of the App and all rights in it at all times.
If you have any comments, questions or complaints relating to the App, please send an email to feedback@oceanwaves.io
2.1 Music The Apps allows you to compose musical works (“Music”) using the internal sound engine and sample library. You are free to export and distribute the Music you create in multiple file formats through the channels of your choice, as long as it does not infringe upon our or any third party’s intellectual property rights. Please note that we do not provide or offer assistance in the presentation or marketing of your Music.
2.2 Your Rights/Our Rights You retain all ownership rights in Music that arise when you create it. You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, store, upload, modify, reproduce, display and perform the Music, however solely and never for any other purpose than for the operation of the App (or future software, applications and services provided by Ocean that are similar to those represented by the App) and as necessary to allow you to share your Music with other users of the App. The Music you create will be considered non-confidential and non-proprietary. We cannot be held liable if your Music leaks unintentionally (e.g. if our servers get hacked)
2.3 Review You agree and acknowledge that, although we have no obligation to do so, we may in our sole discretion monitor, review or edit Music or Samples that we consider inappropriate, that does or might infringe any third party rights or has otherwise been created/uploaded in breach of these Terms or applicable law.
3.1 License to the App We grant you a non-transferable, non-exclusive license to access the App through the internet to your device and to view, use and display the App. The license is granted for personal purposes and on any number of compatible devices, subject to these Terms, the Privacy Policy.
3.2 Our Rights and Third Party Rights You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in or to the App other than the right to use it in accordance with the Terms. Sounds included in the App for demonstrational purposes and compositions made available by other users of the App are licensed to you for your personal use only unless you have been explicitly granted additional rights by the relevant rights holder.
3.3 You acknowledge that you have no right to have access to the App in source-code form.
4.1 Back-Ups Even though we may choose to offer an export feature within the App in future, we are never liable for loss of your Music or Music projects.
4.2 Deletion We have the right to delete any files uploaded to our servers at any time and without notice to you. Notwithstanding this, you acknowledge that we are not obligated to ensure the deletion of any files uploaded by you to our servers.
4.3 Complaints of Infringement If you believe that any sounds on the App or on servers hosted by us or our service providers infringe your rights, including intellectual property rights, please contact us (feedback@oceanwaves.io), setting out particulars of the alleged claim, details of your rights and other information which we may reasonably request for the purpose of assessing your claim.
4.4 Privacy We handle personal data about you when you use the App in accordance with our privacy policy, a copy of which is available in the App (“Privacy Policy”).
5.1 Except as expressly set out in these Terms or as permitted by applicable law, you agree to comply with the following obligations and restrictions (jointly referred to as “License Restrictions”):
6.1You agree in particular to refrain from doing any of the following ("Acceptable Use Restrictions”)
7.1 Non-specific purpose You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the capabilities and functions of the App meet your requirements.
7.2 Availability The App is provided to you on an “as is” and “as available” basis. We do not guarantee that your use of the App, or any content on it, will be uninterrupted or error-free. You further acknowledge that we do not have any obligation whatsoever to furnish any maintenance and support service with respect to the App.
7.3 Excluded warranties To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App, whether express or implied.
8.1 THE APP IS PROVIDED WITHOUT EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING FOR QUALITY, OWNERSHIP, NON-INFRINGEMENT, FUNCTION, AVAILABILITY, FITNESS OR USE FOR A PARTICULAR PURPOSE.
8.2 We, our suppliers or third parties with whom we cooperate will to the fullest extent permitted under applicable law not be liable for personal injury or any losses or damages, including but not limited to any incidental, consequential, direct or indirect damages, loss of business or loss of data, arising out of or related to your use or inability to use the App. For the avoidance of doubt, under no circumstances will we be liable for losses in commercial activities.
8.3 Exclusion of liability for events outside our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. In such circumstances, our obligations will be suspended and we will use our reasonable endeavours to find a solution to the act or event.
8.4 Maximum liability: Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the subscription fees (if any) paid by you for using the App during the calendar month preceding the damage.
9.1 We may terminate these Terms immediately and without notice if you commit a material or persistent breach of the Terms. It is hereby recognised that inter alia a breach of any of the Licence Restrictions or the Acceptable Use Restrictions shall qualify as a material breach.
9.2 Should we for legal reasons not be able to process personal data about you strictly necessary to provide the App (or part of it), we are entitled to terminate the Terms effective immediately.
10.1 Transferring rights and obligations: We may transfer our rights and obligations under the Terms to another organisation, but this will not affect your rights or our obligations under the Terms. You may only transfer your rights or obligations under the Terms to another person if we agree in writing.
10.2 No Waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.3 Questions, complaints or claims: Any questions, complaints or claims with respect to the App, including, but not limited to:
10.5 Permissions: You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you to use the App. Regardless of which device you are using, you are liable for all subscriptions, services and charges from your mobile phone operator that are necessary to use the App, including any charges for data traffic and roaming charges. You accept responsibility in accordance with these Terms for your use of the App on any device, whether or not it is owned by you.
10.6 Compliance with Law: You represent and warrant that you will not use the App in a manner that violates applicable law or that infringes any third parties’ rights, including intellectual property rights.
10.7 Your Equipment: It is your responsibility to procure, hold and maintain the hardware, software, email address, internet subscription, mobile phone subscription as well as any other equipment necessary to use the App.
10.8 Third Party Terms: You must further comply with any applicable third party terms of agreement when using the App and these could be amended from time to time.
10.9 Variation: We may change these Terms at any time by notifying you within the App. If you do not agree with the new Terms you are free to reject them but unfortunately you will then no longer have the right or possibility to use the App.
10.10 Severability Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.11 Jurisdiction/Governing Law Except where otherwise required by mandatory law, the Terms shall be construed and applied in accordance with UK law, save for its choice of law principles. Any dispute arising out of or in relation to these Terms shall be finally settled by United Kingdom courts.
Ocean is a trading style of Ocean Music Lab, a company incorporated in England and Wales (No. 12354456)