Terms Of Use

ENGAGE®, an online service provided by ENGAGE Music Inc. (“ENGAGE”, “we” “our”, or “us”). The following Terms of Use administer your use of engagethemusic.com, our mobile and desktop apps (our "Apps") and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by ENGAGE. These Terms of Use, together with our Privacy Policy, Cookies Policy, and any other terms specifically referred to in any of our documents, comprise a legally binding agreement (the “Agreement”) between you and ENGAGE in relation to your use of the Website, Apps and Services.

 

Changes to Terms of Use

We reserve the right to change, modify, or replace these Terms of Use at any time. The date of our last modification is stated at the end of these Terms of Use. When we make any updates to these Terms of Use, we notify users about this through our websites.

 

Definition of the ENGAGE hosting service

The framework is a music hosting service, designed and developed to host music files, share them and stream them across all compatible devices. Registered users of the Platform can submit, upload and post tracks, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored on ENGAGE servers. The website enables registered users to interact with one another by way of group messaging, commentary and sharing. We reserve the right to release new functionality, versions and platforms without prior notification.  Any new services and functionality will be subject to these Terms of Use as well .

 

 

Copyright Infringement and OCILLA

We take copyright infringement very seriously. As a DMCA (Digiltal Millenium Copyright Act)  compliant platform, We monitor and assess all tracks uploaded to ENGAGE for copyright infringement on a regular basis. In this regard, any and all audio, photos, pictures, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, produced owned and controlled solely by you, and not by ENGAGE.

 

All tracks uploaded to the Platform will have a "Report Copyright" link on it. If the rightful owner of the original works successfully claims copyright infringement through this link, against any uploaded work through your account, it will be removed from the Platform. If your track is removed, you will be notified via the email address on your account and be given an option to counter the infringement claim by sending an email to: copyright@engagemusic.com . To ensure ENGAGE is provided safe harbour against liability from copyright infringement claims, We comply fully with the OCILLA (Online Copyright Infringement Limited Liability Act). 

 

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

 
 

Your ENGAGE Account

You are not obliged to register to use the platform. However, access to the apps and certain services is only available to registered users. When you register to use the platform, you will provide us with your email address and choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information about yourself that you choose to provide will be dealt with in accordance with our privacy Policy. You are wholly responsible for keeping the confidentiality and privacy of your username and password, and you will remain responsible for all use of your username and password, and all activity stemming from your account, whether or not such activity was authorized by you.

 

If your username or password is lost or stolen, or if you believe that your account has been accessed by unrecognized third party websites, apps or platforms, you are advised to officially notify ENGAGE, and should change your password at the earliest possible opportunity. We reserve the right to disallow, cancel, remove or reassign specific usernames and permalinks in appropriate circumstances, as determined by us in our sole judgement of the situation.

 

Your Use of the ENGAGE Framework

Subject to your strict compliance with these Terms of Use and our Community Guidelines, ENGAGE grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the platform in order to view content uploaded and posted to the website, to listen to music content streamed from the framework and to share and download music content using the functionality of the framework where the appropriate set of features have been enabled by the user who uploaded the relevant content (the “Uploader”). In addition, if you register to use the platform, and subject to your strict compliance with these Terms of Use and our Community Guidelines, ENGAGE grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:

 

1)  Submit, upload or post content to the platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the website from time to time.

 

2) You cannot copy, rip or capture, or attempt to copy, rip or capture, any music from the framework or any part of the framework, other than by means of download in the event that the relevant track owner/ uploader has elected to permit downloads of the pertaining track.

 

3)  You cannot adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the platform, except (i) where such content is Your Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licences selected by the Uploader).

 

4)  You must not 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 framework offering.

 

5) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.

 

6)  You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the platform, or to misrepresent your activity on the platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the platform.

 

7) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the platform or any content appearing on the platform (other than Your Content).

8)  You must not use the platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

 

- any content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in ENGAGE’s reasonable discretion;

 

- any information, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

 

- any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in ENGAGE’s reasonable opinion;

 

any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair or disrupt the platform or servers or networks forming part of, or connected to the platform, or which does or might restrict or inhibit any other user's use and enjoyment of the platform; or

 

any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.

 

9) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

 

10) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.

 

11)  You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

 

12)  You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any ENGAGE employee.

 

13)  You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.

 

14)  You must not sell or transfer, or offer to sell or transfer, any ENGAGE account to any third party without the prior written approval of ENGAGE.

 

15) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

 

16) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by ENGAGE or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of ENGAGE’s servers, system or network or attempt to breach ENGAGE’s data security or authentication procedures; attempt to interfere with the website or the services by any means including, without limitation, hacking ENGAGE’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of ENGAGE under these Terms of Use, ENGAGE reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

 

You agree to comply with the above conditions, and acknowledge and agree that ENGAGE has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

 

Application of Licence

By uploading or posting Your Content to the platform, you initiate an automated process to transcode any audio Content and direct ENGAGE 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 platform and elsewhere using the services. To the extent that it is necessary in order for ENGAGE to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use and/or to enable your use of the Platform, you hereby grant such licences to ENGAGE on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

 

Removal of audio content from your account will automatically result in the deletion of the relevant files from ENGAGE’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, ENGAGE is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the platform or any Linked Service deletes any item of Your Content.

 

Any content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the platform from time to time and within the parameters set by the Uploader on the platform or with the express written consent of the Uploader. Where you repost another user’s content, or include another user’s content in a set, you acquire no ownership rights whatsoever in that content. Subject to the rights expressly granted in this section, all rights in content are reserved to the relevant Uploader.

 

ENGAGE community staff reserve the right to delete, remove or update music files uploaded to the platform without prior consent or request, on the grounds of copyright, patent or trademark infringements.