Last Updated: August 18, 2022

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms and conditions (“Terms and Conditions”) govern your access and use of the websites (each a “Website” and collectively, the “Websites”) operated by Nettwerk Music Group, consisting of Nettwerk Music Group, Inc., Nettwerk Management US Inc., and Nettwerk Management (UK) Limited, Justin Time Records Inc., Home Music Company, Inc. and all of their respective subsidiaries and affiliates (collectively, “Nettwerk Music Group,” “we,” “us” and “our”). By accessing or using the Website, you are agreeing to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.

These Terms and Conditions are subject to change by us at any time, but such changes will not be applied retroactively. When any such changes are made, they will be posted on the Website. Please monitor the Website for any such changes and review these Terms and Conditions periodically for any changes. Use of the Website after any such changes are made will constitute your acceptance of such changes.

1

Website and Content

The Website and all material on the Website, including but not limited to audio, video, photographs, illustrations, lyrics, software, etc. (“Content”) is the sole and exclusive property of Nettwerk Music Group and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Nettwerk Music Group in writing in each instance. As between Nettwerk Music Group and you, all right, title, and interest in and to the Website and the Content, will be owned exclusively by Nettwerk Music Group. This includes, but is not limited to, any and all patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, and all other intellectual property rights pertaining to the Website and the Content. Use of the Website or the Content in any way not expressly permitted by the Terms and Conditions is prohibited and may be actionable under Canadian, United States and/or international law.

2

Website Use and User Conduct

Subject to your compliance with these Terms and Conditions, as may be amended or terminated by Nettwerk Music Group at any time, Nettwerk Music Group grants you permission to view and use the Website and the Content for your personal, non-commercial use. You may not duplicate, publish, modify, reproduce, distribute, perform or create derivative works from any part of the Website, its design or layout, or the Content unless expressly authorized by Nettwerk Music Group in writing in each instance. You may not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Other terms and conditions may apply to specific products, services, features or activities that appear on the Website. Such additional terms and conditions may be posted on the Website in connection with the applicable products, services, features or activities. Any such additional terms and conditions are in addition to the Terms and Conditions and, in the event of a conflict between such additional terms and conditions, and these Terms and Conditions, such additional terms will prevail. If software is made available for download via the Website, such download and use of such software will be subject to a separate license agreement. All use of the Website is at your own risk, including, without limitation, the risk that you might be exposed to Content that is offensive, inaccurate, or objectionable. Some Content on the Website may not be suitable for minors and you agree to supervise all minors whom you permit to review the Content on the Website.

You will not access the Website by any means other than through a standard Internet browser on a computer or mobile device. You will not: (a) damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; or (b) upload, post or transmit any material that: (i) contains copyrighted or other proprietary material of any kind; (ii) advertises or promotes any goods or services; (iii) contains a virus or other harmful files; (iv) is threatening, harassing, degrading, hateful, intimidating, defamatory or libelous, fraudulent or tortious, obscene, indecent, pornographic or otherwise objectionable; or (v) gives rise to criminal or civil liability.

In addition, you will not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Website or any information or other material obtained through or derived from the Website for commercial purposes; (c) engage in spamming, spoofing or flooding; (d) attempt to gain unauthorized access to the Website or other computer systems through the Website; (e) harvest, collect or store information about the users or content of the Website; or (f) frame any portion of the Website.

Nettwerk Music Group reserves the right, exercised in our sole discretion at any time, to terminate, change, suspend or discontinue any aspect of the Website, including, without limitation, Content, features or hours of availability and the Website in its entirety. Nettwerk Music Group may also impose limits or restrictions on certain features of the Website or limit or restrict access to part or the entire Website without notice or penalty.

The Nettwerk Music Group Inc. Website administrator reserves the right to refuse access to any user and may terminate your membership and any and all information or communications at any time, without notice, for conduct that violates these Terms and Conditions.

3

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions.

4

Links

The Website may contain links to third party websites that are not under the control of Nettwerk Music Group. Nettwerk Music Group is not responsible for the content available on any such third party websites. Any links to any other third party websites provided on the Website Nettwerk Music Group are provided as a convenience, and your use of any such third party website is at your own risk. The presence of any link to any third party website does not imply Nettwerk Music Group’s endorsement of any such third party website, or the information or material contained thereon. Nettwerk Music Group disclaims any and all liability with regard to your access to and use of any such third party websites linked from the Website.

5

Submissions

Nettwerk Music Group does not solicit from you, nor does it wish to receive from you, any confidential, secret or proprietary information or other material including, without limitation, via the Website, via Nettwerk Music Group’s mail and email addresses, or in any other way. Any information, creative works, ideas, concepts, methods, systems, designs, plans, techniques or other materials you submit via the Website or otherwise to Nettwerk Music Group (“Submissions”) will be deemed not to be confidential or secret. By submitting or sending Submissions to Nettwerk Music Group you represent and warrant that the Submissions are original to you, that no other party has any rights to the Submissions and you grant Nettwerk Music Group a fully paid-up and royalty-free, unrestricted, worldwide, perpetual, fully-transferable, non-exclusive license to use, copy, sublicense, modify, adapt, transmit, perform or display the Submissions in any format or media now known or hereafter developed without additional consideration to you or any third party. ALL SUBMISSIONS POSTED TO THE WEBSITE ARE SUBJECT TO THE GRANT THE RIGHTS GRANTED IN THIS SECTION.

6

Password and Security

The Website may require account registration for access to certain Website features. As part of such account registration you may be required to create a username and password to be used in conjunction with your Website account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to: (a) log out of your account when finished accessing the applicable Website features; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Nettwerk Music Group of any unauthorized use of your password or account. Nettwerk Music Group cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this paragraph.

The Website administrator reserves the right to delete accounts created by users who appropriate any of the data or other personally identifiable information of another individual user of the Website.

7

Purchases

Nettwerk Music Group may make products or services available via the Website. In acquiring any such services or products, you may be asked to provide information including, without limitation, credit card number(s) or other payment information and your billing address. You warrant and represent that any information you provide will be true, accurate and complete. In making or commencing any such purchase of products or services via the Website, you warrant and represent that you are eighteen (18) years of age or older. You authorize Nettwerk Music Group to act on payment instructions received from anyone using your account and password. You will be responsible for paying any applicable taxes relating to your purchase(s). Debit and credit card transactions may be facilitated by a third party processor, and you agree that Nettwerk Music Group may share your information, including information about your debit or credit card account, with such third-party processor for this purpose.

8

Trademarks

Trademarks, tradenames, logos and service marks displayed on the Website (each a “Trademark” and collectively the “Trademarks”), whether registered or unregistered, are Trademarks of Nettwerk Music Group or of authorized third parties. No license or right to use any Trademark appearing on the Website is granted to you without the prior written approval in each instance of Nettwerk Music Group or the third party owns the applicable Trademark. Unauthorized use of any Trademark appearing on the Website is prohibited and may be a violation of applicable trademark laws.

9

Children

Nettwerk strives to comply with the U.S. Children’s Online Privacy Protection Act. Nettwerk Music Group does not knowingly collect any personal information from those under 13 years of age. If you are under 13 years of age, please do not provide to Nettwerk Music Group any personally identifiable information via the Website.

10

Disclaimers and Limitation of Liability

THE WEBSITE, ALL CONTENT ON THE WEBSITE, AND ANY GOODS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON A SO-CALLED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NETTWERK MUSIC GROUP MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE, ITS CONTENT, ITS SECURITY OR ANY GOOD OR SERVICES MADE AVAILABLE VIA THE WEBSITE. USE OF THE WEBSITE, ITS CONTANT, AND THE GOODS AND SERVICES MADE AVAILABLE ON THE WEBSITE, IS AT YOUR SOLE RISK.

NETTWERK MUSIC GROUP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS ON THE WEBSITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETTWERK MUSIC GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO THE WEBSITE, THE USE OF THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE, THE CONTENT, OR THE SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF NETTWERK MUSIC GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL NETTWERK MUSIC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE OF THE WEBSITE, OR THE SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO NETTWERK MUSIC GROUP DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.

YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE YOU CONNECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DATA STORED ON THAT DEVICE. YOU EXPRESSLY AGREE THAT USE OF THE NETTWERK MUSIC GROUP INC. WEBSITE AND/OR ANY CONTENT YOU DOWNLOAD FROM NETTWERK MUSIC GROUP INC. WEBSITE SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT.

11

Indemnity

You agree to indemnify, defend and hold Nettwerk Music Group, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of: a) Nettwerk Music Group’s use of the Submissions (if any); b) your breach of these Terms and Conditions; and/or c) your use of the Website. Nettwerk Music Group reserves the right, at any time, to assume the exclusive defense and control of any matter to which this indemnity applies.

12

Location

The Website is operated by Nettwerk Music Group from its offices in Canada. We do not represent that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. Any offer for any product or service made on the Website is void where prohibited.

13

DMCA/CMAC

The U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) and Copyright Modernization Act of Canada (“CMAC”) both provide mechanisms for notifying service providers of claims of unauthorized use of copyrighted material. If you believe in good faith that materials available on the Website infringe your copyright, you may send a notice to: :

Nettwerk Music Group Inc.
Attn: Business & Legal Affairs
1675 West 2nd Ave, 2nd Floor
Vancouver, BC
V6J 1H3

Email:privacy@nettwerk.com

We suggest that you consult your legal advisor before filing a notice as your notice of claim must comply with detailed requirement set forth in the DMCA and/or the CMAC.

14

Disputes

These Terms and Conditions will be governed by, and will be construed under, the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to choice of law principles. In the event of a dispute arising from these Terms and Conditions or your use of the Website, you or Nettwerk Music Group must send to the other party a notice of dispute in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and the relief requested. You may initiate a dispute by sending notice to Nettwerk Music Group at the address listed in the NOTICES section below. Nettwerk Music Group may send notice to you at the contact information Nettwerk Music Group has for you. You and Nettwerk Music Group agree to try to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Nettwerk Music Group are unable to resolve the dispute in such 60 days, then you or Nettwerk Music Group may commence an action. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JURY. The United Nations Convention on Contracts for the International Sales of Goods will have no applicability. In no event will any claim, action or proceeding by you related in any way to these Terms of Services or the Website be instituted more than one (1) year after the cause of action arose. You agree to submit to the personal jurisdiction of the federal and provincial courts located in Vancouver, British Columbia for the purposes of litigating any applicable claim.

15

Notices

All notices required to be given hereunder must be in writing and will be given by personal delivery, registered or certified mail, or Federal Express or other internationally recognized commercial courier service which regularly tracks its packages, to:

Nettwerk Music Group Inc.
1675 West 2nd Ave, 2nd Floor
Vancouver, British Columbia
V6J 1H3
Attn: Legal & Business Affairs

16

Miscellaneous

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck or limited to the extent to make it enforceable, and the remaining provisions of these Terms and Conditions will be enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nettwerk Music Group’s failure to act with respect to any failure by you or others to comply with the Terms and Conditions does not waive Nettwerk Music Group’s right to act with respect to subsequent or similar failures. These Terms and Conditions set forth the entire understanding and agreement between you and Nettwerk Music Group with respect to the use of the Website. You may not assign or transfer your rights or obligations hereunder without the prior written consent of Nettwerk Music Group, and any assignment or transfer in violation of this provision will be null and void.

17

Contact

Please direct any questions you may have about the Website or the Term and Conditions to:

Nettwerk Music Group Inc.
1675 West 2nd Ave, 2nd Floor
Vancouver, British Columbia
V6J 1H3
Attn: Legal & Business Affairs

Nettwerk Music Group’s Data Protection Officer may be contacted at privacy@nettwerk.com

For EU/EEA users: Our local representative in the EU/EEA may be contacted via e-mail at privacy@nettwerk.com or via mail at:

Nettwerk Music Group Inc.
15 Adeline Place, Ground Floor
London, United Kingdom
WC1B 3AJ
Attn:Data Protection Department