Welcome to OIKZ.com ("OIKZ"). The following are the rules or "Terms" that govern the use of the OIKZ Web site ("Site"). By using or visiting the Site, or clicking on a button indicating your consent, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree to these Terms, you do not have permission to use the Site.

OIKZ.com reserves the right to change these Terms at any time, effective immediately upon posting on the Site. The Terms applicable to artists uploading to the Site in respect of specific Materials will be those applicable at the time of uploading such Materials to the Site. Please check this page of the Site Periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms. It is your obligation to routinely review these Terms and your continued use of the Site following any such update (whether or not you have reviewed such update) constitutes your binding acceptance to follow and be bound by the Terms as amended. If any such update is not acceptable to you, you must discontinue use of the Site. If you violate these Terms of Use, OIKZ.com may terminate your use of the Site, bar you from future use of the Site, cancel any orders for goods made by you, and/or take appropriate legal action against you.

1. Registration and Ordering Obligations
In consideration of your use of the Site as a user ("User"), you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process. In addition you agree to update that information in order to maintain its truth, accuracy and completeness. OIKZ may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete.

2. Obligation for Using Your Password
All content or instructions transmitted or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact us immediately to authorise OIKZ to deny access to the Site to anyone else presenting your password.

3. Limited Non-Commercial Licence to Use Site
OIKZ hereby grants you the limited right to view and use the Site only for the purposes of viewing, uploading or downloading materials, placing product orders, participating in the Users forum or for accessing information. OIKZ reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 10. This licence is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to OIKZ. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using the Site.

4. User Contributions to the Site
Opportunities for you to contribute to the Site include uploading material i.e. music tracks, photographs, artist profile and participating in the Users forum. You understand that all User feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. Further you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.

OIKZ is not liable or responsible for any Materials provided by its Users or other third parties to the Site ("User Materials"). The contributions of third parties do not necessarily represent the views or opinions of OIKZ. Users can be held liable for any illegal or prohibited User Materials they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site and wish to take further action please contact us with details of the breach and we will supply contact details for the User who provided such material to the Site. Use of the Site to upload User Materials is subject to the following conditions:

• You shall not create restricted or password only access pages, or hidden pages or images or upload to, distribute through or otherwise publish through the Site any Materials which are indecent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, harmful to minors, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offence, violate the rights of any party or violate any law.
  
  
• Your Materials shall not exploit people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
  
  
• Your Materials must not provide instructional information about illegal activities such as making or buying illegal weapons or violating someone's privacy.
  
  
• Your Materials, User name or screen name will not disparage in any manner OIKZ, its licensors, or their applications, products or services and sites.
  
  
• Your Materials shall not infringe the copyright, trademark, publicity / privacy right or other intellectual property right of any third party.
  
  
• You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or sites. You specifically acknowledge that soliciting other Users to join or become users or members of any commercial online website or other organisation is expressly prohibited.
  
  
• You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. You acknowledge that OIKZ does not pre-screen any Materials posted by you or other Users, but that OIKZ and its designees shall have the right (but not the obligation) in their sole discretion to remove any Materials that violate the Terms or is otherwise objectionable, as well as terminate your access to the Site. OIKZ may establish practices and limits concerning the use of the Site, including the maximum disk space that will be allotted to your use. You agree that OIKZ has no liability or responsibility for the storage or deletion of Materials that you submit or post. OIKZ reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

5. Links and Search Results
The Site may automatically produce results that reference or link to third party sites throughout the World Wide Web. OIKZ has no control over these sites or the content within them. OIKZ cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. OIKZ does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against OIKZ for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or link to another site.

6. Offline Conduct
Although OIKZ cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.

7. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal non-commercial use) from the Site without the prior express permission of OIKZ.

8. Unauthorised Use of the Site
Illegal and / or unauthorised uses of the Site, including, but not limited to, unauthorised framing of or linking to the Site, or unauthorised use of any robot, spider or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

9. Violation of the Terms
You may understand and agree that in OIKZ's sole discretion, and without prior notice, OIKZ may terminate or cancel your access rights to the Site, block your use of the Site, direct you to cease using the Site, cancel any order for goods made by you or exercise any other remedy available and remove any unauthorised User Materials, if OIKZ believes that the User Materials you provided have violated or are inconsistent with these Terms, violated the rights of OIKZ, another User or the law. You agree that monetary damages may not provide a sufficient remedy to OIKZ for violations of these Terms and you consent to injunctive or other equitable relief for such violations. OIKZ may release User information about you if required by law or subpoena, or if the information is necessary or it is appropriate to release same to address an unlawful or harmful activity. OIKZ is not required to provide any refund to you if you are terminated as a User because you have violated these Terms. For more information about how we handle copyright infringements on the Site, please see our Copyright Policy.

10. Privacy Policy
We believe that your privacy and the privacy of all Users is important. Please review our Privacy Policy. This policy applies to all information you supply to OIKZ on the Site. If you post any User Materials other than specific User information to the Site, by electronic mail or otherwise, we will treat them as non-confidential. By posting them to the Site, you authorise us to use or allow others to distribute, reproduce or otherwise use the Materials. OIKZ is not liable for any lost data resulting from the operation of our Site and / or the enforcement of the Terms. We urge all Users to maintain their own back up versions of any Materials they submit to the Site. Your OIKZ account information is not posted on the Site for other Users to view and is subject to our Privacy Policy. Other than in your registration form, or when entering a contest on the Site that is sponsored by us, you should not post information about yourself on the Site in your profile or while otherwise using the Site that can be used to identify you, your home or work address, phone numbers, pagers, email address or other such information. OIKZ cannot prevent such information from being used in a manner that violates these rules, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

11. Export Controls
Software from this Site is further subject to UK export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into or to a national or resident of any other country to which the UK has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.

12. Ownership
The content and software on this Site and related information are the exclusive property of OIKZ or its suppliers. All rights not licensed herein are hereby reserved to OIKZ or its suppliers. By uploading Materials to the Site, in addition to other provisions of the Terms, you automatically grant OIKZ a 50% share in revenue from downloaded Materials. When first uploading material to OIKZ you are offered the choice of two options. Option 1 is a 12 month contract between the Artist and OIKZ from the time material is uploaded to OIKZ. If at anytime during the 12 month period that the Artist wishes to remove material, OIKZ will be due a fee of €99. At the end of the 12 month period the Artist can choose to renew the agreement or remove their material at no charge. Option 2 is a lifetime agreement between the Artist and OIKZ. If at any time the Artist wishes to remove their material from OIKZ, a fee of €499 will be due to OIKZ. Both Options offered are free.

13. Copyright Policy
All users who upload User Materials to the Site will retain 100% ownership of the copyright contained in such User Materials and in any reproductions of such Materials on the Site. However, by uploading User Materials to the Site, you hereby grant OIKZ a world-wide, non-exclusive and assignable right and license during the time the work is hosted by OIKZ on the Site to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, and publicly display such User Materials for the purpose of displaying and promoting the User Materials on any website operated by, and in any related marketing materials produced by OIKZ and its affiliates. Except as expressly provided herein by these Terms, neither OIKZ, its affiliates, nor any third party has conferred upon you by implication, estoppel or otherwise, any licence or right under any patent, trademark, copyright or other proprietary rights to use the Site. We will terminate the privileges of any User who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Users who submit User Materials to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Materials they upload do not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). An MCPS license must be available for any cover recordings submitted to the site. The MCPS can be contacted throught their website at www.mcps-prs-alliance.co.uk. All samples from pre-existing musical works must be cleared directly with the publisher of the musical work and the owner of the sample recording of the pre-existing musical work as the MCPS do not issue licenses for samples from pre-existing musical works. If you do not have this in place you must not upload the track to the Site. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the User that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing User's rights to use and / or access this Site and reserve the right to block, disable, or otherwise remove any content or materials uploaded to the Site.

We may, also in our sole discretion, decide to terminate a User's rights to use or access the Site prior to that time if we believe the alleged infringement has occurred. Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site is prohibited, unless specifically authorised by OIKZ. Accordingly no such content may be used on any other web site without express written permission from OIKZ.

14. Disclaimers
OIKZ does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any User Materials, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. OIKZ cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. OIKZ disclaims all representations and warranties regarding the service, the Site and the products and services offered through the Site or any portion thereof, express or implied, including (without limitation) any implied warranties of merchantability, fitness for a particular purpose or non infringement of third party rights. OIKZ will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. OIKZ disclaims any and all liability for the acts, omissions and conduct of any third party users, OIKZ Users, advertisers and / or sponsors on the Site, in connection with the OIKZ service or otherwise related to your use of the Site and / or the OIKZ service. OIKZ is not responsible for the products, services, actions or failure to act of any third party in connection with or referenced on the Site.

15. Your Representations and Warranties
You represent and warrant for the benefit of OIKZ, OIKZ's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (e) you are the owner of the Materials submitted by you to the Site and they are original to you; (f) the Materials submitted by you to the Site do not infringe any third party right, such as copyright, trademark, and publicity / privacy right; (g) the Materials submitted by you to the Site do not constitute defamation or libel or otherwise violate the law, and (h) you agree to defend, identify, and hold OIKZ (and its employees, representative, agents and assigns) harmless from breaches of (a) through (g).

16. Limitation on Liability
You agree that your sole remedy for any breach of these Terms by OIKZ or any of OIKZ's affiliates or agents shall be, at OIKZ's option, (i) substitution or replacement of all or part of the product that gives rise to damages incurred by you in reasonable reliance on OIKZ; or (ii) refund of the amount that you paid to OIKZ. Except in jurisdictions where such provisions are restricted in no event will OIKZ be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if OIKZ has been advised of the possibility of such damages.

17. Modifications to Site
OIKZ reserves the right at any time to modify or discontinue the Site or any part thereof and you agree that OIKZ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof, except that you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site that you have paid for.

18. Notices
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to OIKZ by email to: info@oIKz.com, or as to a successor address that OIKZ makes available on the Site or through other reasonable manner. With respect to OIKZ's notices to you, OIKZ may provide notice of amendments by posting them on the Site and you agree to check for changes. Instead or in addition, OIKZ may give notice by sending it to the email address you provide during registration. Notice shall be deemed given 24hours after it is posted or an email is sent, unless (as to email) the sending party is notified that that the email address is invalid.

19. Disputes
If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of Northern Ireland. These Terms shall be governed and interpreted exclusively according to the laws of Northern Ireland and shall be subject to the jurisdiction of the Northern Irish courts.

20. Indemnity
You agree to indemnify and hold OIKZ, its affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

21. Entire Agreement
These Terms, as amended, your registration forms, and the disclosures provided by OIKZ and the consents provided by you, constitute the entire agreement between you and OIKZ. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. OIKZ's failure to act with respect to a breach by you or others does not waive OIKZ's right to act with respect to subsequent or similar breaches.

22. Trademarks
OIKZ is a registered trademark of OIKZ.com. All rights reserved.

23. Forum Terms and Conditions
While the administrators and moderators of this forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable. You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised. This forum system uses cookies to store information on your local computer. These cookies do not contain any of the information you have entered above; they serve only to improve your viewing pleasure. The e-mail address is used only for confirming your registration details and password (and for sending new passwords should you forget your current one).

OIKZ.com has created this privacy statement in order to demonstrate our firm commitment to your privacy online.  The following discloses our information gathering and dissemination practices for this web site (the "Site").

Information We Request Directly From You
Our Site's registration forms, order forms, surveys and contests require you to give us contact information (like your name and e-mail address), occasionally, unique identifiers (like your social security number), and demographic information (like your zip code, age or income level).  Our order forms require financial information (like your account and credit card numbers) as well.

How We Use Contact Information
Your contact information is used to contact you when necessary in connection with transactions entered into by you on our Site. We may also use customer contact information we collect in order to send you information and offers from our company if you have given us prior consent to do so.  We will carefully select the information we send and make sure it offers real value to you, such as discounts or exclusive offers.

You acknowledge that we may forward your contact details to a third party who wishes to take action against you in the event that any materials uploaded to the Site by you infringe any copyrights or other rights of any third parties or that such materials contain any illegal or prohibited content.

How We Use Financial Information
Financial information that is collected is used to check your qualifications and bill you for products and services.  Unique identifiers (such as social security numbers) are collected from you to verify your identity and for use as account numbers in our record system.  We will not share financial or unique identifier information with third parties without your prior consent.  When you make a purchase on the Site, your consent is given to provide your financial or contact information to those third parties necessary to process your transactions with us, such as credit card companies and the companies that handle shipping on our behalf.

How We Use Demographic Information
We use this information to tailor our Site to the interests of our users.  This information is shared with advertisers only on an aggregate basis so that they can tailor their advertisements to the appropriate audience.

Children
We ask that persons under the age of 18 do not submit any personal information to us.  If you are under 18 years old, you can use this Site only in conjunction with and under supervision of a parent or guardian.

Other Sites / Third Party Vendors and their Privacy Policies
This Site may contain links to other Sites.  OIKZ.com is not responsible for the privacy practices or the content of such web sites or for the privacy policies and practices of other third parties.

Your Disclosures in Chats and Message Boards Etc
This Site may make available to its users chat rooms, forums, message boards, and / or news groups at various times.  Please remember that any information you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Our Security Precautions
This Site has security measures in place to protect the loss, misuse and alteration of the information under our control.  Our secure server software encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet.

How You Can Update Your Personal Information
This Site gives users the opportunity to change and/or modify information you have provided to us. [If you would like to change, update or delete the information you have provided to us, please send an e-mail containing your request to info@oIKz.com.

If you have any questions or concerns about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact us at info@oIKz.com.


*Amendments made to Paragraph 2; Point 12. Ownership; Point 13. Copyright Policy; and Privacy Policy, How We Use Contact Information. 23.08.05

**Amendment made to Paragraph2; Point 12. Ownership. 15.11.05

*****Amendment made to Paragraph2; Point 12. Ownership. 27.06.06