TERMS OF SERVICE Last updated August 21, 2018 1) By using Music Splitz at http://Musicsplitz.com (the "Service"), a service provided by Music Splitz Limited a company with its registered address at Kemp House, 152- 160 City Road, London, England, EC1V 2NX , Company No. 11037181 (the “Company”, “we”, “our”), you (“you”, “user”, “your”) accept the following terms and conditions (the "Terms of Service"). Please also be aware of our Privacy Policy located on the Music Splitz website [add URL link] (the “Privacy Policy”) and our “Artist Agreement”. Usage of the Service is governed by these Terms of Service, the Artist Agreement and the Privacy Policy. In case of an inconsistency between the Terms of Service, the Artist Agreement and the Privacy Policy, these Terms of Service shall prevail.
2) Please read these Terms of Service carefully. These Terms of Service tell you who we are, how we will provide our Service, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that these Terms of Service require any changes, please contact us to discuss.
3) The Company reserves the right to change these Terms of Service, suspend or terminate the Service, suspend or terminate your Account (as further defined below), or prohibit your further use of the Service, at any time, without notice and liability, in its sole discretion.
4) NOTE: IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST REVIEW AND AGREE TO THESE TERMS OF SERVICE, THE PRIVACY POLICY AND ARTIST AGREEMENT AND AGREE TO BE RESPONSIBLE FOR YOUR COMPLIANCE WITH THESE TERMS OF SERVICE, THE PRIVACY POLICY AND ARTIST AGREEMENT (IF APPLICABLE). YOU MAY NOT USE THE SERVICE IF YOU ARE YOUNGER THAN 13 YEARS OLD.
5) OWNERSHIP OF SERVICE
a) The Service is the property of the Company and its licensors. All text, graphics, user interfaces, visual and audio-visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, “look and feel” (collectively “Content”), and arrangement of such Content contained in the Service is owned, controlled or licensed by or to the Company, and is protected by trademark, copyright, patent and intellectual property laws worldwide. “Music Splitz” is a trademark of the Company. Any use of the Content without written consent from the Company, is a civil and criminal offence.
b) Except as expressly provided in these Terms of Service, no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed, scrapped in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
c) If you provide any suggestions for improvement of the Service, comments about the Service, or other feedback (“Feedback”), you acknowledge that such Feedback is voluntary, and that Company shall be free to use such Feedback without any obligation to you or restriction of any kind and the Company will own any intellectual property in the Feedback.
2 6) REGISTRATION AND ACCOUNT OBLIGATIONS
You agree that any and all information provided by you during the registration process ("Registration Data") is true, accurate, and complete and you give such information freely in compliance with GDPR. You also agree to update and maintain the Registration Data so that it remains true, up-to-date and complete. The Company will not be responsible for supplying our Services late or not supplying any part of them, if this is caused by you not giving us the information the Company needs within a reasonable time of Company asking for it or you not updating the Registration Data. By posting your Music Splitz “Referrals” (as further defined below) on other platforms, such as Facebook, Twitter, etc., you agree to abide by the terms and conditions and privacy policies set by such other platforms. For the avoidance of doubt the Company is not endorsed or sponsored by the other platforms. The Company has no liability for the other platforms and strongly recommends you review the terms and conditions and privacy policy of the other platforms before use. After completing our registration process, you become a “Member” and have a Member account (“Account”) you will then receive a unique referral code that will be linked to your Account.
7) HOW TO PURCHASE A SONG You purchase a song on Musicsplitz.com by;
a) entering the website www.Musicsplitz.com,
b) logging onto your Account,
c) there you will see the list of Artists and songs, when you click the song the price will be given (prices may increase and decrease so please check Musicsplitz.com daily). Please note that all purchases have a PayPal transaction fee (as listed in Clause 12, 13 and 14),
d) then select the song you wish to purchase this will take you to the “Cart”,
e) then click on the Cart tab in the Service and when you are happy with your purchase(s) click the “buy” button,
f) you will then purchase the song(s) via PayPal and your PayPal account that you gave us details of when you were set up as a Member. Please note that you need sufficient funds in your PayPal account in order to purchase a song on Musicsplitz.com. If you do not pay the Company in full the money due when you are supposed to, the Company may suspend supply of the Services until you have paid us the full amounts. We will contact you to tell you we are suspending or have suspended supply of the Services.
8) REFUND AND CANCELLATION
a) The price of the songs (which includes VAT) will be the price indicated on Musicsplitz.com when you placed your order. The Company takes all reasonable care to ensure that the price of song advised to you is correct. However, if the Company discovers an error in the price clause 8(b) will apply. If the rate of VAT changes between your order date and the date the Company supplies the song, the Company will increase the purchase price to account for the adjusted rate of VAT, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
b) It is always possible that, despite the Company’s best efforts the songs on Musicsplitz.com may be incorrectly priced. The Company will normally check prices before accepting your order. Where the song’s correct price at your order is less than the Company’s stated price at your order date, the Company will charge the lower amount. If the song’s correct price at your order date is higher than the price stated to you, the Company will contact you for your instructions before the Company accepts your order.
3 c) You acknowledge Consumer Contracts Regulations 2013 rights when you purchase digital products. If you purchase any song within the 14 day cancellation period you lose your right to cancel the purchase. You acknowledge that once the download starts you will lose your right to cancel the purchase and seek a refund. Please make sure the song is what you want to purchase before downloading it, as the Company does not give refunds.
9) DELIVERY
The song once payment has been received and downloaded will be sent to your email address in MP3 format or accessed via your Member dashboard on the Service. If you do not receive the song you purchased within one (1) hour please contact us on info@musicsplitz.com
10) EARNING REWARDS The Company will credit you with a “Reward”, as set forth in the Rewards Schedule (as defined below), for a particular song when you purchase a song on Musicsplitz.com then:
a) you send a Referral with your unique referral code, and
b) another person (“Buyer”) purchases the song you refer through the Service. This process is subject to the following conditions:
i. the song is listed on MusicSplitz.com at the time of purchase by you and the Buyer (if a song is removed from MusicSplitz.com, then it is no longer eligible for Rewards);
ii. you purchase the song on the Service of which the Company will have record;
iii. the Buyer receives a link for the song on MusicSplitz.com from you (“Referral”),
or the Buyer receives a Referral from a Member who was previously a Buyer from you; iv. the Buyer uses the Referral to visit MusicSplitz.com and in the same browser session clicks the “Buy” button on MusicSplitz.com to purchase the song;
v. the Member’s Account is active at the time the Buyer purchases and no Member has engaged in any Prohibited Behaviour (as defined below) associated with the Buyer’s purchase;
vi. if the Buyer is a Member and has received Referrals from various Members for the song, the Buyer must select the referral link via the unique referral code (or a Member who was previously a Buyer from your Link) in order for you to receive a Reward for the purchase;
vii. the Buyer is given proof of purchase automatically and the is no need to attempt to revoke or receive credit for such purchase; and viii. the Company receives funds from the copyright owner of the song for the purchase automatically.
Note that in order to become a Buyer you are required to become a Member, as a condition of purchasing a song through the Service, whether you decide to redistribute or not.
11) REWARD SCHEDULE
Rewards are earned as a percentage of the purchase price paid by the Buyer of a particular song as listed on MusicSplitz.com. The “Reward Tier” of the Reward is the number of Members between the Member receiving the Reward and the Buyer. The “Reward Percentage” is as set forth below in the Reward Schedule. The Reward is the product of the Reward Percentage and the Buyer’s purchase price.
12) Reward Schedule – Single

Reward Level	Reward Percentage	Reward Percentage (1dp)
0	50.0%	50.0%
1	12.5%	12.5%
3	6.25%	6.3%
4	3.125%	3.1%
5	1.5625%	1.6%
6	0.78125%	0.8%
7	0.390625%	0.4%
And any sale thereafter	0.390625%	0.4%

Singles are currently priced at £1.28 with a PayPal fee of 0.12p = £1.40. 13) Reward Schedule – EP Reward Level Reward Percentage Reward Percentage (1dp) 0 50.0% 50.0% 1 25.0% 25.0% 2 12.5% 12.5% 3 6.25% 6.3% 4 3.125% 3.1% 5 1.5625% 1.6% 6 0.78125% 0.8% 7 0.390625% 0.4% 8 0.1953125% 0.2% And any sale thereafter 0.1953125% 0.2% EP’s (up to 6 songs) are currently priced at £5.12 with a PayPal fee of 0.33p = £5.45. 5 14) Reward Schedule – Album Reward Level Reward Percentage Reward Percentage (1dp) 0 50.0% 50.0% 1 25.0% 25.0% 2 12.5% 12.5% 3 6.25% 6.3% 4 3.125% 3.1% 5 1.5625% 1.6% 6 0.78125% 0.8% 7 0.390625% 0.4% 8 0.1953125% 0.2% 9 0.09765625% 0.1% And any sale thereafter 0.09765625% 0.1% Albums are currently priced at £10.24 with a PayPal fee of 0.60p = £10.84. 15) PAYMENT FEE AND COSTS For example; a Member buys a song from the Service then sends the unique referral link to a friend who also buys it. The Member, for the first direct sale receives, after VAT, MCPS and PayPal fees (as listed above), 50% of the sale and the Artist and the Company share the remaining 50%. Then for each referral the Reward Percentage is decreased, as above. 16) PAYMENT OF REWARDS a) Your “Withdraw” button will be located on your/Artist’s dashboard. Once earned and available for distribution as described herein, you may hit the Withdraw button. Once the Withdraw button is pressed, this will send a request to PayPal and PayPal will automatically pay out any monies due in the account after 24 hours, into your PayPal account (registered to your email address) through PayPal’s bulk pay-out system. The Company reserves the right, in Company’s discretion, to impose additional options, requirements and restrictions on transfer in order to ensure that Rewards are properly delivered to the individual who is associated with the Account. For the avoidance of doubt, any PayPal fees for withdrawals are to be paid by you via your Account. b) You agree to provide the Company with information to enable delivery of your Rewards: i. your legal name of the Member; ii. your mailing home address of the Member; iii. your PayPal account details; iv. your registered valid email address; and v. your date of birth Company has no liability to you for inaccurate information given by you in the list above. For the avoidance of doubt no payment can be made until all the information is received and correct. 6 c) Your/Artists dashboard will have a wallet section where your/Artists earnings are shown plus other information regarding previous withdrawals, total monies/Rewards earned, how much is currently available and previous withdrawal totals. Upon Withdrawn from your dashboard the Rewards will appear in your PayPal Account within 24 hours after withdrawal request, linked to your unique referral number, but they will not be available for delivery until they have been credited as described in the “Earning Rewards” section of these Terms of Service. All Rewards will be subject to any admin fee PayPal charges for PayPal to PayPal transfers. d) PLEASE NOTE THAT ALL MEMBERS WHO ARE MINORS OVER THE AGE OF 13 MUST HAVE RECEIVED PERMISSION FROM THEIR PARENTS OR LEGAL GUARDIAN(S) TO PARTICIPATE IN THE SERVICE. e) YOU AGREE TO ABIDE BY ALL SUCH APPLICABLE TAX LAWS AND TO FULLY COOPERATE WITH THE COMPANY IN PROVIDING THE COMPANY WITH ANY TAX INFORMATION REASONABLY NECESSARY TO ALLOW THE COMPANY TO COMPLY WITH ALL OF ITS RELATED TAX OBLIGATIONS, AS APPLICABLE. 17) EVENTS AND TICKETS (a) The Company via the Service provides a platform for Artists to sell their gig, concert, event tickets. Then once approved by the Company, Artist will upload the information on to the Service. Members can then purchase tickets themselves via their PayPal account but unlike the songs, there is no sell-on ability. All tickets will be e-tickets via email or download QR code. Members can also send a link to the ticket event via Facebook, Twitter and Copylink. (b) Members acknowledge that the purchase of the event tickets is at their own risk and any issues with the purchase of the event tickets shall be directed at the Artist. Under the Consumer Contracts Regulations 2013 rights if you purchase an event ticket within the 14 day cancellation period you may be entitled to a refund. (c) The Company will refund the Members, into the PayPal account they used to purchase the tickets, for any cancelled event by the Artist within thirty (30) days of Artist informing the Company of the cancelled event. 18) COMMUNITY The Company has a section on the Service that enables the Member to view various charitable organisations. These charitable organisations are for viewing purposes only, the Company does not endorse or sponsor in any way any of the charitable organisations or the information provided by them. The Community section gives Members and Artists the opportunity to read further about a particular charity on the Service, to donate monies (if they so decide) via their PayPal account and/or to make enquiries about volunteering for such charity via the charity’s email details provided. 19) SECURITY, PASSWORD, AND MEMBER ACCOUNT a) During the registration process you must create a password. You are solely responsible for maintaining the confidentiality of your password. You agree that you are responsible for any and all activities that may take place, or occur under your password and Account. You agree to notify the Company in the event your password or Account has been used without the proper authorization or there are other breaches of security of which you become aware. The Company 7 will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this clause. The Company prohibits the sale, assignment or transfer of control of any Account by you to any other individual or third party. b) You may terminate your Account at any time for any or no reason. You may cancel your Account by going to the Service then the “Help” page tab, under the Accounts tab on the website. There you can request for your Account to be cancelled. You have 30 days when you cancel your Account to re-access your Account by just signing back, unless you have breached the Terms of Service, the Artist Agreement and/or the Privacy Policy in which case your Account will be permanently shut down. You will receive an automatic email after cancellation of your Account. c) An Account is considered inactive if you do not purchase any songs on the Service or send any Referrals through the Service for a period of twelve (12) months. The Company reserves the right to terminate any inactive Account without notice. d) Company may terminate your Account if you have breached either the Terms of Service, the Artist Agreement and/or Privacy Policy in which case your Account will be permanently shut down. e) If your Account is terminated for any reason, no new Rewards can be earned. Rewards earned based on purchases made prior to Account termination will be paid out to you. Member Rewards for terminated Accounts with a Rewards balance less than one British pound (£1.00) shall not be paid out to you. If your Account is terminated all further Rewards are forfeited after the Account is closed, Rewards will be distributed as normal to all previous referrers and Company/Artist will take the place of you/ Member in the reward tier to receive any Rewards, at the Company’s sole discretion. f) If you believe your Account has been compromised, hacked or your password has been made public please notify us immediately via email support@musicsplitz.com. 20) ASA AND CAP Codes You acknowledge that you will abide by the Advertising Standards Authority ASA and Committees of Advertising Practice CAP Codes (the “Codes”); currently available at https://www.asa.org.uk/uploads/assets/uploaded/333900a3-7e48-4482-84a0fdf97ee3a5e6.pdf. You acknowledge and agree that your violation of any of the Codes is a material breach of the Terms of Service and that we may pursue any and all available legal and equitable remedies against you, including an immediate termination of your Account and the pursuit of all available civil or criminal remedies. 21) INDEMNITY You agree to indemnify and hold harmless the Company, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including reasonable legal fees) made or incurred by any third party, arising out of or relating to your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party related to any transaction related to the Service. 8 22) LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES a) The Service is made available to you for your convenience on an "as is" and "as available" basis. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE. The Company does not represent or warrant that the Service will be free of technical glitches, including but not limited to; viruses, spam, Trojan horses or spyware. You understand that the Service is still a beta version and may not perform with complete functionality, may require additional testing, may be inconsistently available, may have software viruses or "bugs" and may have other issues affecting availability and functionality (“Technical Issues”). In addition to all other disclaimers and limitations of liability contained in these Terms of Service, you specifically agree that the Company is not liable for any Technical Issues. Moreover, you understand that the Company does not represent or warrant that the Service will work on all or any platforms, will be compatible with all wired or wireless networks and/or will be available in any particular geographical areas. b) THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE SERVICE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT EXCLUDE OR LIMIT IN ANY WAY COMPANY’S LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR PROVEN NEGLIGENCE OR THE PROVEN NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, FOR PROVEN FRAUD OR PROVEN FRAUDULENT MISREPRESENTATION. (c) If you are dissatisfied with the Service, or feel you have any other disputes or claims with or against the Company with respect to the Service or these Terms of Service, then your sole and exclusive remedy is to discontinue using the Service and terminate your Account. 23) PROHIBITED BEHAVIOUR a) You warrant to the Company and indemnify and hold harmless the Company for any breach hereof that you shall not, and shall not authorize or encourage any third party to do any of the following: Each is a “Prohibited Behaviour”: i. open more than one Account; ii. send unsolicited emails with Referrals to anyone other than a UK resident that you personally know; iii. post Referrals on third party message boards or other online forums in violation of such websites’ terms of use, terms and conditions and privacy policy; iv. engage in spam linking - spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant; v. use discourteous, profane, defamatory, abusive or otherwise offensive or inappropriate language connected to a Referral, the Company or its websites, or other Members; vi. directly or indirectly generate clicks on any Company Referral or “buy” link through any automated, deceptive, or fraudulent means, including, but not limited to, repeated manual 9 clicks, the use of robots, click-bots or other automated query tools and/or computer generated requests; vii. edit, modify, filter, adapt or truncate any Referral or other link associated with the Service apart from your edited personal message; viii. frame, minimize, remove or otherwise inhibit the full and complete display of any webpage accessed by an end user on the Service; ix. redirect an end user away from any webpage on the Service; x. directly or indirectly access, launch, and/or activate any part of the Service in any software application, website, or other means other than your property(ies) and social networking accounts and then only to the extent expressly permitted by the Terms of Service; xi. "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any URL associated with the Service; xii. create a new Account to use the Service after the Company has terminated your Account ; xiii. violate or misuse any Content trademarks or any intellectual property of the Company; xiv. engage in any action or practice that reflects poorly on the Company or otherwise disparages or devalues its reputation or goodwill; xv. wilfully violate the terms and conditions of any of the platforms the Service works with now or in the future, including Facebook and Twitter; xvi. attempt to interfere with the relationship between the Company and its Members or its Artists; xvii. participate in the Service where doing so would be prohibited by any applicable law or regulation; xviii. redistribute any song outside the Service or any other of Company’s websites and are to only promote the Promoted Song via the share features accessed via the Services Members dashboard; xix. when presenting or discussing the Service to prospective Members, you may not make income projections or income claims other than examples of the same posted on the Service, only certified earnings can be shared. You also must not engage in any unlawful behaviour; or xx. act in any way that violates any of these Terms of Service, as they may be revised from time to time, or any other agreement between you and the Company. b) If you engage in any Prohibited Behaviour, the Company may immediately terminate your Account (with or without notice), void some or all of your earned Rewards, and seek the return of any Rewards which were previously delivered to you, if they were earned as a result of, or while engaging in any Prohibited Behaviour. The Company reserves the right to take civil and criminal action against anyone engaging in Prohibited Behaviour. 24) COMMUNICATIONS AND NOTICES FROM THE COMPANY a) From time to time, the Company may send official “Notices” or information about your Account or the Service to you via email or regular mail related to your Account and these Terms of Service, and you give us explicit consent to do so by creating an Account. The Company may also display Notices to Members or links to such Notices on the Service. We encourage you to read these Notices and check for them on a regular basis, because these Notices will apply to you and your Account immediately upon delivery or posting, whether or not you actually review them. Please note that all communication from the Company to you is governed under our Privacy Policy [URL link here]. 10 b) Under General Data Protection Regulation (GDPR): i. Both Company and you ensure that it has all necessary notices and consents in place to enable lawful transfer of the “Personal Data” (as defined in GDPR) to each party for the purposes of these Terms of Service; ii. Both Company and you acknowledge that Personal Data may be processed under these Terms of Service; iii. Both Company and you will not disclose or allow access to the Personal Data to anyone other than this necessary for the performance of these Terms of Service; iv. Both Company and you ensure that all permitted recipients are subject to written contractual obligations concerning the Personal Data (including obligations of confidentiality of the contents of this Agreement) which are no less onerous than those imposed by these Terms of Service; v. Both Company and you ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data; vi. Both Company and you will notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation; vii. Both Company and you at the written direction delete or return Personal Data and copies thereof on termination of these Terms of Service unless required by law to store the Personal Data; viii. Both Company and you shall maintain complete and accurate records and information to demonstrate its compliance under GDPR. c) We are continuously developing the features and functionality of the Service. Consequently, we reserve the right to modify these Terms of Service at any time at our sole discretion. If you are dissatisfied with or do not agree to abide by any modified Terms of Service, you acknowledge and agree that your sole remedy is to close your Account and discontinue use of the Service. d) When the Company makes changes to these Terms of Service, the 'last updated' date at the top of this document will be revised accordingly. If there are material changes to the Terms of Service, we will send Notice to you of such modifications by posting a message on the Service and/or sending a Notice to the email address associated with your Account. You agree to be bound by such modifications when you use the Service and the modifications shall be effective at the time of delivery to you or posting on the Service, whichever is earlier. Your continued use of the Service after any modifications to the Terms of Service will indicate your agreement with the modifications. 25) ADHERENCE TO LAWS AND ORDINANCES You acknowledge and agree to comply with all laws and regulations in your activities related to the Service and conduct as a Member. Many cities and counties have laws regulating certain home 11 based activities that can potentially generate income. In most cases these ordinances are not applicable to Members because of the nature of their Membership. However, Members must obey those laws that do apply to them. If a city or county or other government official tells a Member that an ordinance applies to him or her, the Member shall be polite and cooperative, and immediately send a copy of the ordinance to: legal@musicsplitz.com 26) INDEPENDENT PARTIES Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership, contract of employment, agency or joint venture between any of the parties. Each party confirms it is acting on its own behalf and not for the benefit of any other person. 27) TAXES You as a Member are solely responsible for paying any taxes on any income generated as a Member via the Service and PayPal. 28) MISCELLANEOUS a) These Terms of Service shall be read and construed under English Law and subject to the exclusive jurisdiction of the English courts. Any legal action or proceeding arising under these Terms of Service shall be brought exclusively in the English courts and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. b) In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining clauses will remain in full force and effect. c) The failure of a party to enforce any right or clause of these Terms of Service will not be deemed a waiver of such right or provision. d) You may not assign these Terms of Service (by operation of law or otherwise) without the prior written consent of Company and any prohibited assignment will be null and void. Company may assign these Terms of Service or any rights or obligations hereunder without your consent. e) You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Company enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Company. Save as set out in these Terms of Service no person or entity shall derive any benefit or have any right entitlement or claim in relation to these Terms of Service by virtue of the Contract (Rights of Third Parties) 1999. f) These Terms of Service, together with the Privacy Policy and Artist Agreement (as the same may be amended from time to time), constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede any and all prior or inconsistent understandings relating to the subject matter hereof. g) Any provision which must survive in order to allow Company or you to enforce its meaning shall survive the termination of these Terms of Service. However, no action arising out of this Agreement or Artist's use of the Service, regardless of form or the basis of the claim, may be brought by Artist more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). 12 h) The headings herein are for convenience only and are not intended by the parties to affect the meaning or interpretation of these Terms of Service. i) All notices permitted or required under this Agreement shall be in writing, deposited with a pre- paid express or air courier or similar courier and shall be deemed to have been received ten (10) business days after being sent by express or air courier or similar courier or on the date of signature, if earlier. Notices shall be addressed to Company at the address set forth above and notices addressed to you at the details you provide when you become a Member.