Thank you for your interest in and use of the website, products, services, and software offered by ACX Music Group AS and affiliates (“ACX Music”, “we”, “us”, or “our”).ACX Music is a multi-organizational music and tech provider, supporting brands to connect with their core audiences. With the vision of “powering the world through music”, ACX Music is on the quest of becoming the centralized entertainment space for fans, talent, and brands.

1. Introduction

ACX Music provides these Services to you (“you” or “your”), subject to the terms contained in this ACX Music Terms (the “Terms“). By using our website, you accept the Terms in full. Please read these Terms carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under the Terms, not sold to you. By accessing any of ACX Music’s features, functionality, websites, and apps or applications, or any content associated with the services (collectively the “Services”) or by accessing any music, videos, or other content (the “Content”), you are entering into a binding legal agreement with ACX Music.Your agreement with us includes these Terms and any additional terms that you agree to (such as the Privacy Policy), other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Services or access any Content.The Services are not intended for anyone who is under the age of 13. To accept the Terms and to access the Services, you must (1) be at least 18 years of age, or if you are not at least 18 years of age, at least 13 years of age and have the consent of your parent or guardian to enter into the Terms; and (2) have the power to enter into a binding legal agreement and not be barred by applicable laws from doing so. You must acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not understand and agree to all the terms and conditions of the Terms, you may not access or otherwise use the Services.

2. Changes to the Terms

We may occasionally modify these Terms to reflect changes in our Services, e.g., changes in relevant law or regulations, new features in the Services, etc. Such modifications will be effective upon our posting of the revised Terms on our website. Your continued use of the Services after any changes, constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Services.

3. Privacy

By using our Services, you must accept our Privacy Policy which acknowledges that you have read, understood, and agree to the terms of our Privacy Policy, and you agree that we may use such data in accordance with the terms of our Privacy Policy. If you do not agree with the terms of the Privacy Policy, please discontinue using the Services immediately

4. Additional Terms and Conditions

Some Services may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of these Terms between you and us.

5. Intellectual Property

You acknowledge that all the trademark, service marks, trade names, logos, domain names, and any other features of the ACX Music brand are the sole property of ACX Music or its licensors. These Terms do not grant you any rights to use the ACX Music brand, whether for commercial or non-commercial use.ACX Music, directly or indirectly, retains or has the rights, title, and interest in and to all copyrights, trade secrets, patents, and any other proprietary rights in the Services, the software, the application programming interfaces (APIs), and other technologies comprising the Services, and all content therein. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by ACX Music and are protected by the laws of the countries in which the Services are made available. ACX Music does not grant any express or implied right to you under any ACX Music-owned or licensed copyrights, trade secrets, patents, or other proprietary rights.

6. Permitted and Prohibited Use

Information or data accessed by you through our Services is for your lawful, personal, non-commercial use for entertainment purposes only. Any distribution or commercial exploitation of the information or data is strictly prohibited. You may not use the Services for any other reason or purpose or in any other manner or permit or assist any other person to do so. Unauthorized use of the Services may result in civil and criminal liability.

7. Product Support; Feature Availability; Fraud & Abuse

ACX Music will provide limited technical support under the terms of these Terms and provides no assurance that any specific errors or discrepancies in the Services will be corrected. ACX Music may alter the availability of any feature of the Services or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In order to provide the best quality Services to all users, we monitor the Services to detect and prevent fraud and abuse.

8. Fees or Charges

Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. ACX Music assumes no liability or responsibility for the payment of any charges you may incur.

9. Disclaimers; Limitations of Liability

Some jurisdictions may not permit the exclusion of certain warranties. To the extent applicable law specifically and expressly prohibits such exclusions, those such exclusions set forth below may not apply to you.The Services (including any software and content contained therein) are licensed and provided “as is” and “as available”. Any use of the Services will be at your own risk. To the maximum extent permitted by applicable law, ACX Music disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ACX Music makes no representations or guarantees that the Services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, or will not contain content you deem offensive, indecent, or otherwise objectionable, and ACX Music disclaims any liability relating thereto. ACX Music makes no guarantees, representations, or warranties that the use of or the results of the use of the Services will meet your requirements, be accurate, reliable, current, or that operation of the Services will be uninterrupted or error free.Some Jurisdictions may not permit the exclusion or limitation of certain liabilities. To the extent applicable local law specifically and expressly prohibits such exclusions or limitations, those such exclusions or limitations set forth below may not apply to you.ACX Music’s cumulative liability to you or any party related to you for any losses or damages arising out of or relating to this agreement or use of the Services in those countries that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event will ACX Music’s liability to you exceed USD 100 or the amount you actually paid for the applicable portion of the Services at issue within the twelve-month period immediately preceding the date of your claim. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts. In no event shall ACX Music be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or lost profits, regardless of the cause of action on which they are based, even if ACX Music has been advised the possibility of such damages occurring.

10. Third-party sites

Our Services might contain links to third-party sites and resources, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or any loss or damage that may arise from your use of them.

11. Assignment

ACX Music may assign these Terms or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign these Terms in whole or in part, for any reason. These Terms will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

12. Third Party Beneficiaries

Except with respect to platform providers through which you download or use applications certified by ACX Music, nothing in these Terms, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

13. Governing Law and Jurisdiction; Disputes

You agree that: (i) these Terms of Service shall be governed by the laws of Norway. Any claim or dispute between you and ACX Music that arises in whole or in part from the Services to be decided exclusively by a court of competent jurisdiction located in Asker and Bærum, Norway. The parties all consent to the jurisdiction of such courts agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.YOU AND ACX MUSIC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Severability

If any provisions of these Terms are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. If such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms.

15. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and ACX Music, the Agreements constitute all the terms and conditions agreed upon between you and ACX Music and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.Note that some Services may be governed by additional agreements. If you are presented with Services that require an additional agreement, you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

16. Questions Regarding these Terms

If you have any questions regarding these Terms, contact ACX Music at contact@acxmusic.com.