ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE APP KNOWN AS “WondrMakr” (“App”) OR THE SITE AT www.WondrMakr.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE APP OR THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
1. Contracting parties. The App and the Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by WondrMakr Group Ltd, a company registered in England with offices at 167, Fleet Street, London, EC4A 2EA. WondrMakr Group Ltd is referred to in these terms and conditions as "we", "us", "our" or “WondrMakr”. When you register with (or otherwise access) the App or the Site, you are contracting with WondrMakr. You must be at least 16 years old to register (and, if you are under 18, you should obtain the permission of your parent/guardian to register with the Service).
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the App, the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the App or the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the App, the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via info@WondrMakr.com and we will close your account as quickly as possible. Please note that you will be responsible to WondrMakr and to others for all activity that occurs under your registration account.
3. The WondrMakr Service. WondrMakr is an online service that allows musical creators and performers to search, discover, connect and communicate with other creators and performers based on musical preferences, group roles, recommendations, locations and other factors (“Service”).
4. Subscription and Music Products. The Service is available for use on either the “Free” tier or the “Premium” tier. Additionally, from time to time certain music-related products and/or extra features (“Products”) may be available for purchase. Each tier will include a certain number of invitations per day, a certain number of available roles, project slots and template options, and a certain available geographical radius. Whilst the Free tier will display advertising, the Premium tier is ad-free. Prices for subscriptions are as set out from time to time on the relevant pages of the App and the Site. Please note that prices and availability are subject to change by posting new prices or notification of availability at any time. If we discover an error in any stated price for any product or service you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling that order. If we are unable to contact you we will treat the order as cancelled (and where applicable provide a refund to the card used for payment). All prices are inclusive of VAT (or sales tax) unless otherwise stated. Please note that use of the Service via the App and the Site may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.
5. Your Personal Safety and Security. Please note that WondrMakr does not have the legal or technical means to verify the identity of each person that registers to use the Service or to verify or validate any User Content. You should not assume that any User Content is accurate or that any specific person is who he or she claims to be. We shall not be liable for false or misleading statements by Users. You must take appropriate steps to confirm User Content if you intend to rely on it. When arranging to meet any other person through use of the Service, you should take appropriate precautions and follow reasonable safety guidelines and use reasonable common sense. Any such meetings are at your own risk and are your own responsibility. Please notify us immediately if you become aware of any inappropriate behaviour in connection with the App, the Site or the Service.
6. Payments. Payments may be by credit or debit card using Visa, MasterCard, Maestro or American Express (or by PayPal). All purchases and orders will be charged immediately. Credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we not obliged to inform you of any reason for refusal. Any customer credit note issued by us can only be used for purchasing items on the Site or the App. By using your credit or debit card, you confirm that the card belongs to your and that there are sufficient funds or credit available to cover the charges. By placing any order for products or services via the App or the Site, you warrant that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.
7. Refunds. Please note that services and downloadable goods cannot be returned or refunded. If you require support, please contact info@WondrMakr.com. WondrMakr shall not be held responsible for any provision of service or any other delivery that is incompatible with your operating system or other problems specific to your device. If you are in doubt as to whether or not the Service is suitable for your requirements, please carefully evaluate the Service before purchasing any subscription or other product. If you are still unsure, you may contact us via info@WondrMakr.com for further information. Nothing herein affects your statutory rights.
8. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the App, the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. WondrMakr, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the App, the Site and the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the App, the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The App, the Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
9. User Content Licence. When you upload material, data or other content including, without limitation, comments or graphic material (“User Content”) to the App or the Site, you hereby grant to WondrMakr a worldwide, non-exclusive license to use that User Content to provide the Service and for reasonable promotional purposes (including without limitation by exhibition on the App or the Site, and/or on other websites and online services). You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your real name may be published alongside your User Content. If you do not want to grant these rights, please do not submit material to the App or the Site.
10. Original Content. You warrant and represent that you that you have (and will continue to have during your use of the Service) all necessary licences, rights, consents, and permissions which are required to enable WondrMakr to use your User Content for the purposes of the App and the Site and that you personally created all content (and all materials contained within content) that you upload to the App and/or the Site, and that, save for publishing rights notified to us at the time of upload, you own or control all rights in your content.
11. Take Downs. You acknowledge and agree that, while WondrMakr reserves the right to remove any item(s) of Content from the App and/or the Site at any time, WondrMakr shall not be responsible for issuing “Take Down Notices” to any third party site (including YouTube and/or Facebook) and WondrMakr shall have no liability for the posting of any Content to a different platform by a WondrMakr user. For the avoidance of doubt, you acknowledge and agree that any User Content you upload to WondrMakr may be exhibited on other services including YouTube, Facebook, Instagram and/or Twitter, and that users of those other sites/apps may share your content elsewhere in accordance with the relevant third party service terms or otherwise. You further acknowledge that WondrMakr may not have the right to ensure any takedown of your User Content from third party sites.
12. Code of Conduct for User Content. You agree to obey all applicable laws in using the App and the Site, and agree that you are responsible for the Content and/or communications you upload to or initiate via the App and the Site. You agree that you are responsible for everything that you post or transmit to the App and the Site and you agree (in relation to the App and the Site):
You acknowledge and accept that when you upload material to WondrMakr, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
You acknowledge and agree that WondrMakr reserves the right to remove any WondrMakr Video from the App and/or the Site without removing the underlying Beat, or to remove any Beat from the App and/or the Site without removing the related WondrMakr Videos created using such Beat.
13. No Endorsement by WondrMakr. We do not always pre-screen or monitor content and therefore we do not endorse (and we expressly disclaim any and all liability in connection with) any Content or any other materials uploaded or exhibited or otherwise exploited by Users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgement, does not comply with this Agreement and any other rules of User conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
14. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the App or the Site, please immediately report such material (and the specific page on which it is found) to info@WondrMakr.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
15. Termination of this Agreement. We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You may request a withdrawal of any item(s) of your content uploaded to the Site or App at any time by email to info@WondrMakr.com. We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.
16. Repeat Infringers. Your account will be terminated if, in our reasonable opinion, you are determined to be a repeat infringer (or otherwise have been the subject of more than one valid copyright notice or takedown request which has not been successfully rebutted).
17. Liability. You agree that the liability of WondrMakr to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GBP£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the App, the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of WondrMakr.
18. Warranties. To the extent permitted under applicable law in your territory, all Wondrmakr products and services are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, Wondrmakr, as well as any provider, makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the App or the Site, from us, or from any third parties' websites to which the App or the Site is linked, will meet your expectations or be free from mistakes, errors or defects. the use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties' or provider’s websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
19. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by WondrMakr, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify us for all loss or damage incurred by WondrMakr in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the App, the Site and/or the Content.
20. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the App or the Site, or if you have any other complaint about the App, the Site or any Content or other posted materials, please contact us via info@WondrMakr.com. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via info@WondrMakr.com (making sure to include both the Uniform Resource Locator ("URL") for the non-complying content and the reasons you believe it does not comply).
21. Trade Marks. The brands, products and service names used in the App, the Site and the Content (including without limitation, "WondrMakr”) are trademarks or trade names of WondrMakr or its trading partners unless otherwise stated.
22. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the App, the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the App, the Site, the Content or otherwise attempts to defraud WondrMakr or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the App, the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
23. No Partnership. Your use of the App, the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
24. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
25. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
26. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
27. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
28. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the App and the Site. Your continued use of the App, the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the App and the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
29. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
30. Contacting Us. If you have any questions, please contact us at the following address: WondrMakr Group Ltd, a company registered in England with offices at 167, Fleet Street, London, EC4A 2EA, UK, or email us via info@WondrMakr.com.