Terms of use

Last updated on 25th April 2022.

These terms of use (“Terms of Use”) apply to your use of the unxt.com website and all subsites, domains and sub-domains within it (“Website”). This is a legal agreement. It grants you certain rights and imposes certain obligations on you in connection with your use of the Website.

1. Who we are and how to contact us

This Website is operated by Spinnup Services B.V., having its official seat in Hilversum, the Netherlands, and its office address at ‘s-Gravelandseweg 80, 1217EW, Hilversum, the Netherlands, acting under its trade name: U-NXT Music (Chamber of Commerce number: 6038630, and VAT number NL8538.87.834.B01 (“U-NXT”, “we’, “us” and “our”).  To contact us, please email us at unxt@umusic.com.

2. Acceptance of these Terms of Use

These Terms of Use, together with the documents referred to herein, explain the terms and conditions that apply to your use of the Website and all content thereon. By accessing or using this Website, you confirm that you accept the Terms of Use and that you agree to comply with them. If you do not agree to the Terms of Use, you may not access or otherwise use the Website.

3. Changes to these Terms of Use

We amend these Terms of Use from time to time. Every time you wish to use the Website, please check these Terms of Use to ensure you understand the terms that apply at that time.

4. Use by children

This Website is not directed at children under the age of 16. If you are under the age of 16 you should not use this Website.

5. General operation of our Website

We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities. Our Website is made available free of charge. The use of our Website and related services is at your sole risk. The Website, Materials (as defined below) and related services are provided on an “as is” and “as available” basis. U-NXT makes no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. We do not guarantee that our Website, or any Materials on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons. We will try to give reasonable notice of any suspension or withdrawal as appropriate under the circumstances (e.g. by displaying a prominent notice on the Website). You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. U-NXT’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

6. Cookies

This Website uses cookies and other tracking technologies to distinguish you from other users of the Website. This helps us provide you with a good experience when you browse the Website and also allows us to improve the Website. For detailed information on the cookies and other technologies we use and the purposes for which we use them see our Cookies Policy.

7. Keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at unxt@umusic.com.

8. Use of Materials on our Website

We are the owner or the licensee of all intellectual property rights in our Website and all information, artwork, text, video, audio, pictures, software and other intellectual property contained thereon (collectively, “Materials”). Those works are protected by copyright and international laws. All such rights are reserved.
You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial purposes without obtaining a licence to do so from us or our licensors. All U-NXT trademarks, service marks, trade names, logos, domain names, and any other features of the U-NXT brand (“U-NXT Branding”) incorporated by us on the Website are our sole property (or of our licensors) and we do not grant you any rights to use any U-NXT Branding.

9. User Conduct

You should not take any action which may corrupt, damage or impair the availability, accessibility and performance of our Website. You should not use our Website in any way which is illegal, unlawful, fraudulent, harmful, libellous, obscene or threatening. You should not post otherwise objectionable information of any kind, in any area of the Website including on message boards and in webchat areas. U-NXT considers as constituting objectionable information any information which constitutes or encourages the breach of any intellectual property right including copyright whether such right is owned by U-NXT or any third party.

You may not link our Website to any other websites without our prior written permission. If you would like to create a link to our Website, please contact us first at unxt@umusic.com to request permission. We expressly reserve the right to revoke any right which we grant to link to the Website, including for breach of any of these Terms of Use and to take any appropriate action.

We may take legal action if we discover any unauthorised use or misappropriation, misuse or infringement of our content, Website functionality, look and feel of the Website or taking any action to impair the goodwill of U-NXT Branding or other intellectual property.

The following listed behaviours further constitute unacceptable conduct and a breach of these Terms of Use. In the event of such a breach, your right to use our Website will cease immediately.

  • Attempting to gain, interfere or gain unauthorised access or use of our Website or otherwise exploit, extract, screen scrape, data mine, data harvest, publish, distribute, or reproduce any part of our Website.
  • Attempting to gain unauthorized access to the server on which our Website is stored or any server, computer or database connected to our Website.
  • Attempting to attack our Website via a denial-of-service attack or a distributed denial-of service attack.
  • Knowingly introducing computer viruses, spyware, Trojan horse, key stroke logger, worms, logic bombs, rootkit or any other material which is malicious or technologically harmful.
  • Using data collected from our Website for any unsolicited advertising, direct marketing, phishing activity of whatever nature.

You agree to compensate us for any loss, damage, cost or expense we suffer as a consequence of a failure by you to observe and comply with the conditions of these Terms of Use.

10. Framing of the Website

Framing of the Website is permitted only with U-NXT’s express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at U-NXT’s sole discretion. U-NXT reserves the right to withhold consent for any reason and any failure to monitor or control each instance of framing shall not be considered a waiver of any of U-NXT’s rights. Any framing by a third party shall not imply the endorsement or sponsorship of U-NXT.

11. Do not rely on information on this Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

12. Third party links and services

Where our Website contains links to other websites and resources provided by third parties (“Third Party Websites”), these links are provided for your information only. In each case, you should be aware that the Third Party Websites are independent of the Website and we have no control over them or their contents.

Your use of any Third Party Website may be subject to specific terms and conditions which apply to those Websites. Third Party Websites are not subject to these Terms of Use or any other notices published on the Website. The inclusion of any links to Third Party Websites should not be interpreted as approval or endorsement by us of those Third Party Websites or information you may obtain from them. We accept no liability for any statements, information, products or services that are published on or may be accessible from Third Party Websites.

Operators of such linked websites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no control. It is your responsibility to read the privacy policies of those websites, which may be different from our privacy policy, and decide whether to proceed. Your access and use of linked websites is solely at your own risk.

13. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

14. Our responsibility for loss and damage

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
It is a condition of our allowing you free access to the Website that neither we nor any of our employees, directors or members will be liable to you, whether in tort (including negligence), breach of contract, misrepresentation or otherwise howsoever, for any losses, damages, costs or expenses of whatever nature (including, without limitation, any consequential, indirect or unforeseeable loss, or loss of goodwill, business opportunity, anticipated savings or profit, or loss of data incurred or suffered by you or any third party arising out of or in connection with (i) your use of the Website or any materials provided on or downloaded from the Website; (ii) any computer virus transmitted through the Website; (iii) your inability to use the Website at any time and any error in the provision of the Website; (iv) your use of e-mail communications to contact us; or (v) any inaccurate information or opinions published on the Website or your reliance thereon.

15. Which country’s laws apply

Please note that these Website Terms and Conditions, their subject matter and their formation, is governed by English law. However, if you are a consumer, you will still benefit from any mandatory provisions of the law of the country in which you usually reside and nothing in these Website Terms and Conditions, including the foregoing sentence, affects your rights as a consumer to rely on such mandatory provisions of local law. To the extent permitted by applicable law, you and we both agree that the courts of England and Wales will have exclusive jurisdiction.