Terms and Conditions


Welcome to the web site www.ogila.com ( “Ogila” or "Site"). On Ogila, artists, fans and industry professionals come together to discover, play & enjoy music and artists online (“Ogila Services”). Your use of this Site and the features at this Site are subject to these Terms and Conditions ("Terms"), which we may update from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Ogila may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. Ogila will have no liability to you if this Site is discontinued or your ability to access it is terminated. You are only authorized to Ogila (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. If you do not agree with these Terms, you should immediately discontinue all use of this Site.

Ogila Content
Content on this Site provided by Ogila or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Ogila Content") is the property of Ogila and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site ("Submitted Content"), such as user-posted content, including audio clips, musical works, graphics, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by Ogila subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. Although Ogila makes efforts to insure that all material on this site is correct, accuracy cannot be, and is not, guaranteed by Ogila.

You agree not to download, display or use any Ogila Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Ogila, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Ogila and/or its licensors, that dilutes the strength of Ogila or its licensor's property, or that otherwise infringes Ogila’s or its licensor's intellectual property rights. You further agree to in no other way misuse any Ogila Content or Submitted Content that appears on this Site.

Posting Submitted Content
·       On certain areas of our Site you may be able to submit videoclips and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to these Terms, the following terms ("Submission Rules"), and any additional terms posted for a specific feature:
·       No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Ogila.
·       No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Ogila. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
·       No Commercial Use: You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
·       No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Ogila or as embedded in the Submitted Content unless expressly authorized in writing by Ogila.
·       Use of Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
·       Responsibility of Postings: You understand and acknowledge that Submitted Content posted by you is solely your responsibility, and that Ogila is not responsible for the information, data, text or other materials that may appear in any Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Ogila, and Ogila does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by Ogila prior to posting and Ogila makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
·       No Monitoring/Violation Notices: Ogila does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please email support@Ogila.com
·       User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Site or features therein. Ogila may cancel your Account and delete all Submitted Content associated with your Account at any time, and without notice, if Ogila deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. Ogila assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
·       No Confidentiality: The nature of this Site is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.
·       Ownership of Posted Content and License Thereto
·       After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). Ogila may delete any Submitted Content that, in the sole judgment of Ogila, violates these Terms or the Submission Rules.
·       Scope of License: By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to Ogila a limited, non-exclusive (meaning that you are free to license your Content to anyone else in addition to Ogila), sub-licensable (so that Ogila can use its affiliates, partners and other subcontractors such as Internet content delivery networks and wireless carriers to provide the Ogila Services), worldwide (because the Internet and Ogila Services are global in reach), fully-paid and royalty free (meaning that Ogila is not required to pay you for the use of the Submitted Content you post) license to use, modify (every effort will be made to preserve the integrity of your Submitted Content, but occasionally a technical modification such as compressing the file is necessary), publicly perform or publicly display (for editorial or promotional purposes), reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
·       Representations: You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.

PAYMENTS AND REFUND POLICY:
(a) Service Fees. For use of Ogila Services, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Fees vary by Service. Current fee schedules are available on the Site or in your Dashboard. You are responsible for payment of all applicable fees incurred by your Site account. All fees due from you to us hereunder, including to the extent applicable, monthly subscription fees, weekly subscription fees, one-time product purchase fees, recurring fees, auto-refill fees annual renewal fees, third-party fees, applicable taxes, charge-back fees, resubmission fees, late payment fees, takedown fees, change request fees, and reinstatement fees, are referred to herein as “Service Fees”.
(b)Payment of Service Fees. You agree that we may charge all Service Fees, including auto-refill charges to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided during checkout. You are responsible for the timely payment of all Service Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “Ogila.” You agree not to cause your credit or debit card company to reverse or “chargeback” any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
(c) Refunds.
(i) We may in our discretion provide free trials or discounted Services for a limited period of time so that you have an opportunity to “try before you buy.” If you are not satisfied or do not wish to use the Service any longer, please cancel the Service prior to the end of the free trial period or the renewal date, as applicable. We do not offer refunds for our Services once the free trial period has expired and you have elected to continue your use of the product. If you select auto-refill, we will auto-bill you based on your selected time interval. If you elect to cancel your subscription to a Service, we do not provide a refund for the remainder of the applicable billing period. For more information, please see our Refund Policy.


Indemnification
You agree to indemnify and hold Ogila, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.

Ogila and the Community
Ogila and the Community work together to keep Ogila running and the Community safe. If you have concerns about Ogila or a user on Ogila, please contact the staff directly.
Ogila works to ensure that the site is safe, accessible, and enjoyable to all of our members, partners, and sponsors. Ogila, at its sole discretion, may deactivate, suspend, or terminate our services and user accounts, prohibit access to areas or the entirety of the Ogila web Site, remove content, and take other technical or legal steps to keep users off the Site if they are acting in a manner inconsistent Ogila Terms and Conditions.

You also agree that you will not:
·       Infrastructure: Utilize any technology or take any action with the intent of overloading or disrupting the normal operation of the Ogila infrastructure;
·       Permissions: Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior express written permission of Ogila and any other appropriate parties;
·      Interference: Interfere or attempt to interfere with the proper working of the Ogila site, communication between users on the site, or any other activities conducted on the site, including the ranking of entries while judging.

Privacy/Children
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 16 are not permitted to register for an Account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.

Third Party Websites
This Site may hyperlink to sites not maintained or related to Ogila. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Ogila, and Ogila makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Ogila has no control over how your information is collected, used, or otherwise handled.

Representations and Limitations of Liability
Ogila makes no representations about the reliability of the features of this Site, the Ogila Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Ogila makes no representations regarding the amount of time that any Ogila Content or Submitted Content will be preserved. Ogila does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Ogila without the prior review and written approval of Ogila. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OGILA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL OGILA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OGILA'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OGILA'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH OGILA.COM MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY OGILA.COM.