TERMS AND CONDITIONS YOU AGREE TO WHEN YOU USE ORIN
The following constitutes the ORIN Terms and conditions of use (“Agreement”). It is legally binding
and applies to your use of ORIN and associated Services (as further defined below).
Effective date: This Agreement shall take effect from the 22nd of February, 2016.
Under these ORIN terms and conditions, any rights and licenses granted hereunder to users of the
service, may not be transferred or assigned by the user, but may be assigned or transferred by ORIN
without any restriction whatsoever.
The BHM GROUP operates ORIN, a place where people come to connect, discover and share.
Showcasing artistes and their work, ORIN gives fans access to a massive digital music library. The
ORIN platform has roots in music and social and is built to empower music artistes by helping them
connect with audiences, collaborators, and partners to achieve their goals.
(i) This Agreement constitutes legally binding terms which binds every user or visitor to
ORIN regardless of the type of device used to access the products, software, data feeds
and services provided. By using and/or accessing this service, you signify your agreement
to be bound by these terms and conditions whether as a “Visitor” (which means that you
simply browse ORIN) or you are a member (which means that you have registered with
ORIN). You are authorised to use ORIN regardless of whether your access or use is
intended, only if you agree to abide by all applicable laws, rules and regulations, and the
terms and conditions of this Agreement. If you do not agree to any of these terms and
conditions, please do not use ORIN.
(ii) ORIN, may in its sole discretion, modify or revise these terms and conditions of service
and polices at any time, and although we may attempt to notify you of major changes to
these terms and conditions of ORIN, you should periodically review the most up to date
version on the website as your continued use ORIN constitutes your agreement to be
bound by such modifications or revisions. Nothing in these Terms and Conditions of
service shall be deemed to confer any third party rights or benefits.
2. TERMS OF THE ORIN SERVICE
(i) These terms of service includes all users of ORIN, this includes users who are also
contributors of content on the service. “Content” includes the text, software, scripts,
graphics, photos, sounds, music, videos, audiovisual combinations, interactive features
and other materials you may view/listen to, access through, or contribute to the Service.
The Service includes all aspects of ORIN, including but not limited to all products, software
and services offered via the ORIN website, such as the ORIN channels, the ORIN
"Embeddable Player," the ORIN "Uploader" and other ORIN applications.
(ii) For all contents covered by intellectual property rights which the user shares, posts on
ORIN, like photos, music audio and videos (IP Content), you specifically grant ORIN a
non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use the IP
content. This IP license ends when you delete your IP content or your ORIN account
unless your content has been shared with others, and they have not deleted it.
(iii) The ORIN service may contain links to third party websites that are not owned or
controlled by ORIN. By using these third party services, you expressly relieve ORIN from
all liability arising from your use of any third party websites as ORIN has no control over
them, and assumes no responsibility for, the content, privacy, policies, or practices of
any third-party website. ORIN, will not and cannot censor or edit any and all liability
from your use of any of third-party website.
3. ORIN ACCOUNTS
Although visitors to the ORIN site would not need a registered account to access its features, a
registered account will be necessary in order to access some features of the service.
(i) You will not provide false personal information when registering an account on ORIN
and must ensure that your contact information provided is accurate and up to date.
(ii) You will not create an account for anyone else other than yourself without their permission
(iii) You will not use ORIN if your are under 13 years
(iv) You will not create more than one personal account.
(v) If ORIN disables your account, you are not allowed to create another one without our
(vi) You will not transfer your ORIN account to anyone else without our prior written
(vii) You are solely responsible for the activity that occurs on your account, and you must
and must ensure that your contact information provided is accurate and up to date.
permission and you may never use another’s account without their permission.
keep your account password secure at all times. You must notify ORIN immediately of
any breach of security or unauthorised use of your account. Please note that although
ORIN will not be liable for your losses caused by unauthorised use of your registered
account, you may be liable for the losses of ORIN or others due to such unauthorized
4. PERMISSIONS & RESTRICTIONS ON THE ORIN SERVICE
ORIN hereby grants you permission to access and use the service as set forth in the below listed
terms and conditions, provided;
(i) That you agree not to alter or modify any part of the service
(ii) That you agree not to distribute any part or content of the service in any medium
whatsoever without first obtaining the prior written authorisation of ORIN, except ORIN
makes available the means for such distribution through functionality (such as
embeddable player or social sharing tools).
(iii) That you agree not to access content on the service through any means other than those
explicitly authorised or designated by the service.
(iv) That you agree not to use the service for any of the below listed commercial purposes
except you obtain the prior written approval of ORIN;
(v) Prohibited commercial use of ORIN does not include;
- The sale of advertising, sponsorships, or promotions placed on or within the
service or content;
- The sale of access to the service;
- Uploading an original song to ORIN;
- Any use that ORIN authorises in writing.
(vi) If you use the ORIN embedded player on your website, you are not allowed to modify,
build upon, or block any portion of functionality including but not limited to links that
lead back to the ORIN website.
(vii) As you use ORIN, you agree to comply with all applicable laws.
(viii) As you use the ORIN uploader, you agree that it may from time to time download and
install updates from ORIN. As you use this service, you agree to receive as part of your
use of the ORIN uploader such updates which are designated to improve, enhance and
further develop the uploader.
(ix) ORIN reserves the right to discontinue any aspect of the service at any time.
5. YOUR USE OF CONTENT ON THE ORIN SERVICE
The below listed terms and conditions apply specifically to your use of content on ORIN in
addition to the general terms and conditions on content use above;
(i) The content on the service and the trademarks, including service marks and logos on
ORIN, are owned by ORIN, subject to copyright and all other intellectual property rights
under the law.
(ii) You are allowed to access content for your information and personal use solely as
intended through the functionality of the service and as permitted under these terms
(iii) You shall not download any content unless you see a “download” or similar link
displayed by ORIN on the service for that content.
(iv) You shall not copy, reproduce, distribute, transmit, broadcast, display, license, sell or
otherwise exploit any content for any other purposes without the prior written consent
of ORIN or the respective license owners of the content.
6. SHARING OF CONTENT AND CONDUCT ON THE ORIN SERVICE
You own all of the content and information you post on ORIN and you can control how it is shared
and in addition to the general terms and conditions above, the following listed below apply
specifically to your use of content on ORIN;
(i)You retain all your ownership rights in your content, however by submitting the content
to ORIN, you hereby agree to specifically grant ORIN the non-exclusive, transferable,
sub-licensable, royalty-free, worldwide license to publish, distribute, promote, review
and display (intellectual property content like music audio and video) in connection with
ORIN and ORIN’s (and its successors’ and affiliates) business, including without limitation
for promoting and redistributing part or all of the service and derivative works thereof in
any media formats and through any media channels.
(ii) You agree to hereby grant each user of ORIN a non-exclusive license to access your
content through the service, and to publish, distribute, promote, review and display such
content as permitted through the functionality of the website/service and under these
terms and conditions of service.
(iii) You agree that the licenses granted by you in either audio or video content to ORIN will
terminate within a commercially reasonable time after you remove or delete them from
(iv) You agree that after termination, ORIN may retain but not display, distribute, promote
or perform server copies of either your audio or video content that may have been
removed or deleted. Please note that license in content granted in the form of user
comments or opinions submitted on the service are perpetual and irrevocable.
(v) You agree not to circumvent, disable or otherwise interfere with the security related
features of the service that prevent copying of content.
(vi) You agree that ORIN is not responsible for the accuracy, usefulness, safety or intellectual
property rights relating to content that a user of the service may be exposed to from a
variety of other sources when using ORIN.
(vii) You hereby agree to waive, and hereby do waive any legal or equitable rights or
remedies you may have against ORIN with respect to inaccurate, offensive, indecent or
objectionable content you may be exposed to as you use ORIN to the extent permitted
by applicable laws
(viii) You agree to indemnify and hold harmless ORIN, its owners, operators, affiliates,
licensors and licensees to the fullest extent allowed by the law regarding all matters
related to your use of the service.
(ix) ORIN does not in any way guarantee confidentiality with respect to any content
including music audio or videos and user comments you submit to the service.
(x) As an ORIN user, you are solely responsible for your own content and the subsequent
consequences of submitting and publishing your content on the service.
(xi) As an ORIN user, you herby affirm, represent, and warrant that you own or have the
necessary licenses, rights, consents, and permissions to publish content you submit to
the service and you hereby license to ORIN all patent, trademarks, trade secret,
copyright or other proprietary rights in and to such content for publication on the ORIN
service pursuant to these terms and conditions.
(xii) You agree that content you submit on ORIN will not contain third party copyrighted
material, or material subject to other third party proprietary rights, unless you have
permission from the rightful owner of the material or you are otherwise legally entitled
to post the content and to grant ORIN all the license right granted therein.
(xiii)You agree that you will not submit any content or other material contrary to applicable
local, national or international laws and regulations.
(xiv) ORIN does not permit copyright infringing activities and infringement of intellectual
property rights on the service and ORIN reserves the right to remove any such content
without prior notice if properly notified that such content infringes on another’s
intellectual property rights.
7. ORIN ACCOUNT TERMINATION POLICY
(i) ORIN reserves the right to determine whether any audio or video content posted on the
service violates these terms and conditions of service for reasons other than copyright
infringement, such as, but not limited to obscenity and pornography. ORIN, may at any
time remove such content and/or terminate without prior notice and at any time and at
its own discretion such users account.
(ii) ORIN will not hesitate to terminate a user’s access to the service if, under appropriate
circumstances, the user is determined to be a repeat infringer.
8. COPYRIGHT INFRINGEMENT
ORIN is committed to helping people and organisations protect their intellectual property rights and
would not hesitate to help protect them. ORIN does not allow posting content that violates
someone else’s intellectual property rights, including copyright, patent and trademark. We advise
the below steps are taken if you think your rights have been infringed upon;
(i) If you are a copyright owner or an agent and believe that any content posted here on
ORIN infringes upon your copyrights, you may submit a notification pursuant to the
“Digital Millennium Copyright Act” (DMCA) by sending details of the complaint in writing
(ii) YYou can send a counter notice to ORIN if you believe your submitted content was not
infringing or that you have the authorisation from the copyright owner, the copyright
owner’s agent or pursuant to the law had the right to post or use the material in your
content to email@example.com with details proving this assertion.
YOU AGREE THAT YOUR USE OF ORIN IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY
THE LAW. ORIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREFOF. WE MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY,
SUITABILITY OR AVAILABILITY WITH RESPECT TO THE SERVICE FOR ANY PURPOSE. ANY RELIANCE
YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. ORIN WILL AT NO
TIME BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR
CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS
OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS SERVICE.
THROUGH THIS SERVICE, YOU ARE ABLE TO LINK TO OTHER WEBSITES WHICH ARE NOT UNDER THE
CONTROL OF ORIN. WE HAVE NO CONTROL OVER THE NATURE, CONTENT AND AVAILABILITY OF
THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION
OR ENDORSEMENT OF THE VIEWS EXPRESSED WITHIN THEM. YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ORIN WILL MAKE EVERY EFFORT TO
KEEP THE SERVICE UP AND RUNNING SMOOTHLY. HOWEVER, ORIN WILL TAKE NO RESPONSIBILITY
FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO
TECHNICAL ISSUES BEYOND OUR CONTROL.
10. LIMITATION OF LIABILITY
ORIN IS NOT LIABLE IN ANY MANNER WHATSOEVER FOR USER GENERATED CONTENT. ALTHOUGH
WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS AND
CONDITIONS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR
THROUGH OUR SERVICE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE,
OBCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED
CONTENT YOU MAY ENCOUNTER ON THIS SERVICE OR IN CONNECTION OF YOUR USE OF THIS
SERVICE AND TO THE FULLEST EXTENT PERMITTED BY THE LAWS IN THE APPLICABLE JURISDICTION,
ORIN ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND
SERVICE PROVIDERS EXCLUDE AND DISCLAIM LIABILITY FOR LOSSES AND EXPENSES OF WHATEVER
NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF
DATA,LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH CONTENT AVAILABLE ON ORIN. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING
SUCH PROCEDURES FOR DATA BACK UP, AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEDGED LIABILITY IS BASED ON CONTARCT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THIS SERVICE IS
CONTROLLED AND OFFERED BY ORIN FROM ITS FACILITIES BASED IN NIGERIA, WEST AFRICA. THOSE
WHO ACCESS THE SERVICE FROM OTHER JURISDICTIONS, DO SO AT THEIR OWN VOLITION AND ARE
RESPONSIBLE FOR COMPLAINCE WITH APPLICABLE LOCAL LAWS AS ORIN MAKES NO
REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER
This defense and indemnification clause will survive these terms and conditions of service and your
use of the service. You agree to defend, indemnify and hold harmless ORIN, its parent corporation,
officers, directors, employees and agents to the extent permitted by the applicable law from and
against any and all claims, damages, obligations, losses, liabilities, costs of debt, and expenses
including but not limited to legal fees arising from;
(i) Your use and access to ORIN.
(ii) Your violation of any of these terms and conditions.
(iii) Your infringement of any intellectual property rights, including but not limited to your
violation of any third party rights, copyright, property, or privacy right.
(iv) Any claim that your content caused damage to a third party.
(i) You hereby affirm that you are 13years of age or more. If you are under the age of 13,
then please do not use this service.
(ii) These terms and conditions of service shall be interpreted, construed and governed in
accordance with the laws of the Federal Republic of Nigeria. Any claim or dispute
between you and ORIN that arises in whole or in part from the service shall be decided
exclusively by a court of competent jurisdiction located in Lagos State, Nigeria.
(iii) These terms and conditions of ORIN and any other legal notices published by ORIN on
the service, shall constitute the entire agreement between you and ORIN on the service.
If any of these terms and conditions is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of these terms and conditions, which shall remain in full force and effect
(iv) No waiver of any of these terms and conditions of service shall be deemed a further or
continuing waiver of such term or any other term and condition, and ORIN’s failure to
assert any right or provision under these terms and conditions of service shall not
constitute a waiver of such right or provision.
(v) ORIN reserves the right to amend these terms and conditions of service at any time
without notice, and it is the users responsibility to review these terms and conditions for
any changes. Your use of ORIN after any amendment of these terms and conditions will
signify your acceptance of its revised terms and conditions of service
(vi) You hereby agree that, any cause of action arising out of or related to your use of ORIN
must commence within one (1) year after the cause of action accrues. Otherwise, such
cause of action becomes permanently barred.