Music Terms

A. Our policy. We respect copyright and expect everyone who uses UnicoOS to do the same. We follow the notice-and-takedown process of the Digital Millennium Copyright Act (17 U.S.C. § 512). We remove or disable content when we receive a proper notice, we give the person who posted it a way to answer, and we close the accounts of repeat infringers.

B. Our designated copyright agent. Send copyright notices and counter-notices to our designated agent. The agent's name, mailing address, phone number and email are shown in the Copyright Agent box with this section (also at /terms#copyright), and are registered with the U.S. Copyright Office. Email is the fastest way to reach the agent. Notices sent anywhere else may be delayed. The agent handles copyright matters only; for anything else, use the normal support contact.

C. How to send a copyright notice. A notice must be in writing and include all of the following: (1) your physical or electronic signature, as the copyright owner or a person authorised to act for the owner; (2) the copyrighted work you say was infringed, or a representative list if the notice covers several works; (3) the content you say infringes it and where it is on UnicoOS, with enough detail (a link is best) for us to find it; (4) your name, mailing address, phone number and email address; (5) a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law; and (6) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or are authorised to act for the owner. Before you send a notice, consider whether the use may be allowed by law, for example as fair use.

D. What we do with a notice. When a notice is complete, we remove or disable the content promptly, tell the account that posted it, and give that account a copy of the notice, including the sender's name and contact details. We may also remove content without a notice when we believe it infringes. We do not decide who owns what.

E. How to send a counter-notice. If your content was removed and you believe that was a mistake or a misidentification, send the agent a written counter-notice that includes all of the following: (1) your physical or electronic signature; (2) the content that was removed and where it was before it was removed; (3) a statement under penalty of perjury that you believe in good faith the content was removed or disabled because of a mistake or misidentification; (4) your name, mailing address and phone number; and (5) a statement that you consent to the jurisdiction of the federal district court for the district where your address is (or, if your address is outside the United States, any district where we may be found) and that you will accept service of process from the person who sent the notice or their agent. We send your counter-notice to the person who sent the notice. We put the content back between 10 and 14 business days after we receive the counter-notice, unless that person first tells our agent they have filed a court case to keep it down.

F. Repeat infringers. We keep a record of the copyright notices we act on. In appropriate circumstances we close the account of anyone who infringes repeatedly, and we may limit uploads, selling or publishing on an account before that. We may close an account after a single notice when the infringement is serious or plainly deliberate. A notice that is withdrawn, or answered by a counter-notice that is not followed by a court case, does not count against the account.

G. False notices. Anyone who knowingly makes a false statement in a notice or a counter-notice may be liable for damages, including costs and lawyers' fees (17 U.S.C. § 512(f)). If you are not sure whether something infringes, speak to a lawyer before sending a notice.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. It says that most disputes between you and E1 Unico Corporation are decided by one arbitrator, for one person or one business at a time, and not by a judge or a jury and not in a class action. You can say no to this section within 30 days and keep using UnicoOS exactly as before (part D).

A. Talk to us first. Before either of us starts an arbitration or a court case, the one with the complaint sends the other a written Notice of Dispute. Yours goes by email to support@e1unico.com with the subject "Notice of Dispute". Ours goes to the email address on your account. A notice covers one person or one business only and must give: the sender's name and contact details, the email address on the account, what the dispute is about, and what would settle it. You must sign your own notice. For 60 days after a complete notice is received, you and we will try in good faith to settle the dispute, including by a phone or video call if either side asks for one. Neither of us may start an arbitration or a court case until those 60 days are over, and every deadline for bringing the claim is paused during them. A request for an urgent court order under part C does not have to wait.

B. What goes to arbitration. If the 60 days end without a settlement, you and we agree that every dispute, claim or controversy between us that arises out of or relates to these terms, your account, or any UnicoOS product, app or service is decided only by binding individual arbitration and not in court, except as part C says. That includes claims based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and claims by or against our affiliates, officers, directors, employees and agents. This section applies to disputes that arise on or after the day it first applied to you. The arbitrator decides what this section means and whether a dispute is covered by it. Only a court may decide whether part F (no class actions) or part G (many similar claims) is valid and enforceable, and whether an opt-out under part D was made in time.

C. What does not go to arbitration. (1) Small claims: either of us may bring an individual claim in small claims court (in Texas, justice court) where you live or in Texas, as long as it stays in that court and stays individual. (2) Urgent court orders: either of us may ask a court for an injunction or similar order to stop infringement or misuse of copyrights, trademarks, trade secrets or other intellectual property, or to stop unauthorised access to or abuse of UnicoOS. (3) Claims that the law does not allow to be sent to arbitration by an agreement like this one. Nothing here stops you from reporting a problem to a government agency.

D. Your 30-day right to opt out. You can refuse this section. Email support@e1unico.com with the subject "Arbitration opt-out" from the email address on your account, within 30 days after the later of (1) the day you agreed to a document that contains this section and (2) the day this section became effective for your account, and give your name and a sentence saying you opt out of arbitration. An opt-out made under the Terms of Service or under the Music Terms covers both, and it covers every later version of this section too, including when you agree to another document that contains it. Opting out costs nothing and changes nothing else: the rest of these terms still apply, we will not treat you differently, and your disputes with us go to court as part I says. An opt-out covers you only.

E. How the arbitration works. The arbitration is run by the American Arbitration Association (AAA, www.adr.org) under its Consumer Arbitration Rules where they apply and otherwise under its Commercial Arbitration Rules, as changed by this section. There is one neutral arbitrator. The case is handled by video, phone or written submissions unless you or we ask for an in-person hearing; an in-person hearing is held in the county where you live, or another place we both agree to. The arbitrator applies Texas law and applicable federal law, honours the same legal privileges and time limits a court would, may award you individually anything a court could award you individually, and gives a written decision with reasons. A court with jurisdiction may enter judgment on the award. If the AAA cannot or will not take the case, JAMS runs it under its rules for this kind of dispute; if neither can, a court appoints the arbitrator.

Fees. If you start an arbitration for claims that total US $75,000 or less, you pay no more than US $225 of the AAA's filing, administrative and arbitrator fees and we pay the rest. For larger claims the AAA's rules decide who pays. Each side pays its own lawyers unless the law or the award says otherwise. We will not ask you to pay our lawyers' fees or costs unless the arbitrator finds that your claim was frivolous or brought for an improper purpose, and the arbitrator can make the same order against us.

F. No class actions and no jury. YOU AND WE EACH GIVE UP THE RIGHT TO A JURY TRIAL AND THE RIGHT TO TAKE PART IN A CLASS ACTION. You and we may bring claims against each other only one person or one business at a time, and not as a plaintiff or member in any class, collective, consolidated, representative or private-attorney-general case. The arbitrator may not combine more than one person's or business's claims and may award relief only to the one bringing the claim and only as far as needed to resolve that claim. If a court decides that this part cannot be enforced for a particular claim or a particular kind of relief, then that claim or that relief alone is taken out of arbitration and decided in court under part I, after the arbitration of everything else is finished. Nothing in this section allows a class or representative arbitration. To the extent the law allows, the jury waiver also applies to any claim that is decided in court under this section.

G. Many similar claims. If 25 or more similar demands for arbitration are brought against us by or with the help of the same law firm or group of firms working together, the AAA's Mass Arbitration Supplementary Rules apply, together with these steps. The cases are grouped in batches of up to 50 and the batches proceed one after another without added delay, each case decided on its own facts by an arbitrator; a decision in one case does not bind any other. While a case waits for its batch, no AAA fees are due on it from you and every deadline for the claim is paused. After the first batch is decided, you and we will take part in one mediation of the remaining cases, and we pay the mediator. If your case has not been placed in a batch within 12 months after you filed your demand, you may withdraw it and bring your claim in court under part I instead. A court decides any dispute about this part. If this part cannot be enforced, it is removed and the AAA's rules for mass filings apply on their own.

H. The law that governs this section. These terms involve commerce between states, so the Federal Arbitration Act (9 U.S.C. §§ 1 to 16) governs how this section is read and enforced. The Texas Arbitration Act applies only where the Federal Arbitration Act does not and only where it is consistent with this section. Texas law governs everything else, as the governing-law section of these terms says.

I. Where court cases go. For disputes this section sends to arbitration, this section takes the place of the sentence in the governing-law section of these terms that sends disputes to the courts of Texas. Everything this section does not send to arbitration (a dispute where you opted out, a claim or relief taken out of arbitration under part C, F or G, and any court case about whether or how to arbitrate or to confirm or challenge an award) is decided in the state or federal courts located in Texas, and you and we agree to those courts' jurisdiction, except for small claims cases under part C and except where the law of the place you live gives you a right that cannot be waived.

J. Changes, and what lasts. If we change this section, we give at least 30 days' notice in UnicoOS or by email before the change takes effect. A change never applies to a dispute that either of us already had written notice of before the change took effect. If you opted out before, you stay opted out. This section continues to apply after your account closes. Apart from what parts F and G say about themselves, if any part of this section cannot be enforced, that part is removed and the rest stays in force. This part controls over any other part of these terms about changes, including any statement that continuing to use UnicoOS means you accept a change.