Agreement on Terms of Use

Date issued: December 21, 2019, 21:30.

Last updated: December 27, 2023, 16:40.

PREAMBLE

This Website – www.orkhanefendi.com (hereinafter “Website”) is an electronic publication of music by Orkhan Efendi (hereinafter “Orkhan Efendi” or “He”). The terms and conditions of this Agreement on Terms of Use (hereinafter “Agreement”) apply to the user who is accessing and using this Website (hereinafter “User” or “You”)

Please read this Agreement on Terms of Use (hereinafter, “Agreement’) carefully. Your use of this Website , as defined below, constitutes a legal agreement between You and Orkhan Efendi.

In consideration of Your use of the Website, You represent that you have a full authority to form a binding Agreement and are not a person barred from agreeing to this Agreement. Orkhan Efendi and the User may individually be referred to as a “Party” or collectively as the “Parties”.

This Website is operated by Orkhan Efendi. He provides Website users with access to content and services related to his music, including images, text, data and other content. Your use of the Website is governed by this Agreement, regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise).

1.Acceptance of the Agreement. By using the Website, you agree to the terms of this Agreement and to any additional rules and guidelines that is posted on the Site. This agreement might undergo modifications from time to time and You maybe notified of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine the time of the last change of this Agreement by referring to the date of update above. Your use of the Website following changes to this Agreement will constitute your acceptance of those changes, provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute in connection with this Agreement that arose prior to the update date referral applicable to that version of this Agreement in which such material change was included. All or part of the Website may be modified or discontinued at any time.

Rules of Conduct. In using the Website, You agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, You shall comply with the following “Rules of Conduct” as updated from time to time, that You shall not:
1. Post, transmit, or otherwise make available, through or in connection with the Website:
  1. Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
  2. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  3. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
  4. Any material non-public information about Orkhan Efendi and his music without the proper authorization by Orkhan Efendi to do so.
2. Use the Website for any fraudulent or unlawful purpose.
3. Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.
4. Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
5. Restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website).
6. Except as expressly permitted by applicable law, modify, adapt, reverse engineer, decompile or disassemble any portion of the Website.
7. Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.

Your use of the Website might be terminated for any conduct that is considered to be inappropriate, or for Your breach of this Agreement, including the Rules of Conduct (including, without limitation, if You engage in copyright infringement via or in connection with the Website).

3. Monitoring. If you become aware of any unlawful, offensive or objectionable material(s) on the Website please contact via info@orkhanefendi.com with your name and address, a description of the material(s) at issue and the URL or location of such materials.

4. Products. All rights in any products available through and in the Website, such as, including but not limited to, music, images, video, artwork, text other copyrightable materials (hereinafter the “Product” or “Products”) are owned by Orkhan Efendi.

5. Purchases of Recordings. If you wish to purchase any Product or Recording made available through the Website by redirecting to Orkhan Efendi’s Bandcamp profile (www.bandcamp.com/orkhanefendi) or at the Website’s shop (www.orkhanefendi.com/shop) (hereinafter “Recording” or “Recordings”), You may be asked to supply certain information in connection with such purchase, including credit card number or other payment account number, your billing address, and your shipping information.

Price and availability of any Recording or Product offered at or through the Website are subject to change without notice. Except to the extent applicable law provides otherwise, all sales through the Website are final, excluding any additional charges related to taxation and bank costs, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement.

6. Usage Restrictions for the Website material and the purchased Recordings or Products. All Recordings and Products you purchase and the material you obtain or access on or through the Website are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you shall not reproduce, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the materials and the purchased Recordings or Products, excluding the use of Recordings for music in the videos. You are allowed to publish, transmit, distribute, display, broadcast, re-broadcast the materials such as lyrics, videos, pictures and any text materials available in the Website, but with the requirement of always referring to this Website or Orkhan Efendi. You are prohibited to upload the Recordings to any internet source for making them available to be downloaded, without the written consent by Orkhan Efendi.

7. Proprietary Rights. Orkhan Efendi owns the information and materials made available through the Website, excluding the ones on the “Shows” page. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. You agree not to reproduce, modify and create derivative works based on, all or any part of the Website or any information or materials made available through the Website, without the written consent by Orkhan Efendi.

Orkhan Efendi owns the trademark of “Orkhan Efendi” and the “Release Yourself” logo. All trademarks and service marks on the Website not owned by Orkhan Efendi are the property of their respective owners. You may not use Orkhan Efendi’s name and logo in connection with any product or service that does not belong to Orkhan Efendi, or in any manner that is likely to cause confusion. Nothing contained on the Website shall be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.

8. Links and Feeds. The Website may provide links to or feeds from other websites and online resources. Orkhan Efendi is not responsible for and do not endorse such external websites or resources. Your access to and use of third party websites, content and resources is at your own risk.

9. Termination. This Agreement is effective until terminated.

10. Force majeure. Parties shall not be held liable for non-fulfillment of any obligations under the Agreement for unexpected reasons beyond the control of either Party, including, but not limited to, acts of God, fires, floods, earthquakes, civil unrest, strikes, power outages, or disruptions in internet or telecommunications services (“Force Majeure Event”). Occurrence of the circumstances set out above shall not be regarded as reason for the Party’s refusal to perform its obligations on matters occurring prior to the Force Majeure event.

In the event of a Force Majeure Event, the affected Party shall promptly notify the other Party in writing, providing details of the event and its expected impact on the performance of this Agreement.

During the continuance of a Force Majeure Event, the affected Party’s obligations under this Agreement shall be suspended to the extent such obligations are affected by the Force Majeure Event.

The Parties acknowledge and agree that, during a Force Majeure Event, they shall not be entitled to any additional compensation or damages for losses incurred as a result of the suspension or delay in the performance of this Agreement due to the Force Majeure Event. Notwithstanding the occurrence of a Force Majeure Event, the Parties shall continue to be bound by all other terms and conditions of this Agreement that are not directly affected by the Force Majeure Event.

The rights and obligations of the Parties shall be restored upon the elimination of the Force Majeure Event.

11.Liability. The User shall compensate Orkhan Efendi the damage caused by any and all claims, losses, demands, actions, costs and expenses of any kind, including reasonable attorney’s fees and expenses, penalties, arising out of or in connection with non-fulfillment or improper fulfillment of the Agreement by the User, any use or alleged use of this Website by User or its representative, whether or not authorized by You, as well as any case related to alleged intellectual property infringement arising from their use of the Website.

12. Applicable Law. By using the Website , You agree that the Agreement is governed and construed by the Law of England and Wales, without regard to principles of conflict of laws. Any matters not covered by this Agreement or its interpretation shall be subject to the applicable laws and regulations of England and Wales.

13. Disputes. Any dispute, controversy, or claim arising out of or relating to this Agreement as well as relating in any way to Your use of the Website shall be finally settled by arbitration in accordance with the English Law, as in effect at the time of the dispute.

The arbitration proceedings shall be held at the Vienna International Arbitral Center (VIAC). Number of arbitrators shall be one. Language of arbitration shall be English language.

The arbitration award shall be final and binding upon the Parties. The Parties agree to comply with and enforce the arbitration award in any court of competent jurisdiction.

The costs of the arbitration, including the fees and expenses of the arbitrators, shall be borne by the Party violated the rights of other Party as decided by the arbitration award, unless the arbitration institution determines otherwise in its award.

All arbitration proceedings and related documents shall be treated as confidential by the Parties and shall not be disclosed to any third party without the consent of the other party, except as required by law.

14. Miscellaneous. If for any reason any of the provisions of the Agreement becomes null and void or illegal, it shall not affect other provisions of this Agreement.

The headings used in this Agreement are for convenience and reference purposes only and do not define, limit, or describe the scope or intent of this Agreement or any of its provisions.

This Agreement is drafted in the English language. If this Agreement is translated into any other language and there is a discrepancy between the English version and the translated version, the English version shall prevail.

Contact. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@orkhanefendi.com.