Last updated: 23 February 2024

Terms & Conditions

1. Introduction

1.1 Jaxsta and the Service

Vinyl Group Operations Pty Ltd (ACN 605 344 054) (“Jaxsta”, “we” and “us”) provides the Jaxsta service, websites and communications (together, the “Service”) for music fans, creators and music professionals alike (“user”, “you” and “your”). The Service includes a website located at URL: jaxsta.com, as further described below.

These Terms and Conditions (“Terms”) govern the provision by us of the Service to you. By creating an account or otherwise accessing or using the Service, you are agreeing to enter into this legally binding contract with Jaxsta (even if you are using our Service on behalf of a company, in which case you are entering into these Terms on behalf of such company and represent that you have the authority to do this). If you do not agree to these Terms, you must immediately delete your account or cease accessing or using the Service.

In providing the Service to you, we may collect from you or you may provide us with certain information, including personal information, and you confirm that such information provided to us is complete, true and correct. The collection, holding, use and disclosure of your personal information is governed by our Privacy Policy (which includes our Cookies Policy), which is available on Jaxsta's website here. By agreeing to these T&Cs you also hereby agree to be bound by our Privacy Policy.

1.2 Jaxsta Subscription

Jaxsta provides a number of products as referred to on the at website at https://jaxsta.com/subscriptions, that encompass subscription services with features available to its registered members depending on the level of service subscribed to (“Jaxsta Subscriptions”). The features available to registered subscribers are subject to change from time to time through the Service to Jaxsta subscribers.

1.3 Changes to these T&Cs

We may amend or update these Terms from time to time. If we make material changes to these Terms, we will take reasonable steps to provide you with notice through our Service, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you must close your account and otherwise cease using or accessing the Service. Your continued use of our Service after any changes are made to these Terms means that you agree to be bound by any such amended version of these Terms.

2. Use of the Jaxsta Subscription Service and Registration

2.1 Service eligibility

In order to use Jaxsta Subscriptions, you must:

be of the necessary age to enter into a binding contract with Jaxsta and not be barred from doing so under any applicable laws in your country of residence (“Necessary Age”) or, if you are under the Necessary Age, you confirm that you have permission from your parent or legal guardian (or, if you are an artist under the Necessary Age represented by a manager, such manager) to use the Service; and
be resident in a country where the Service is available.

2.2 Registration for the Service

In order to use Jaxsta Subscriptions, you must register and become a member (“Member”) or if you have chosen not to register for our Service, you may access the Jaxsta Service as a visitor(“Visitor”). You acknowledge and agree that if you access our Service as a Visitor, you will not be able to access all the features of Jaxsta Subscriptions.

In order to use the Service as a Member, you must register to use the Service by providing Jaxsta with certain true and correct information about yourself as requested by the registration page on the Service (“Member Information”). Member Information requested by us may include, but is not necessarily limited to:

your first name and last name;
your email address;
your user name and password; and
other information that may be required in order to provide the Service to you.
You must promptly notify and/or update your account if any of your Member Information is incorrect or changes from time to time. By providing your contact details, you agree to Jaxsta contacting you via such means.

When you register as a Member, you may sign up to an unpaid Jaxsta Subscription (“Jaxsta Subscription Free Account”) or a paid Jaxsta Subscription subscription (“Jaxsta Subscription Paid Account”).

2.3 Registration for the Service by Credited Entities

The Service allows Members with a Jaxsta Subscription Free Account or Jaxsta Subscription Paid Account that are creators, artists, music professionals, managers (and/or their representatives) or music companies (each, a “Credited Entity”, and collectively, the “Credited Entities”) to ‘claim’ associated Credited Entity Profiles.

A “Credited Entity Profile” is a Credited Entity profile page which contains official data associated with a specific Credited Entity and is publicly viewable by all Members.

For clarity, Members can manage several Credited Entity Profiles, depending on the level of membership. When a Member claims a Credited Entity Profile, Jaxsta shall have the right to validate such Member's identity in order to determine if such Member will qualify as a Credited Entity, in Jaxsta's sole discretion.

You agree that Jaxsta or a related entity may:

use the fact that you have a Jaxsta Subscription Free Account or Jaxsta Subscription Paid Account and/or that you have claimed a Credited Entity Profile for our business purposes; and
directly or indirectly benefit from the above facts.

2.4 Jaxsta Analytics Services

Subject to entering into a further agreement with us (“Jaxsta Analytics Services Agreement”) and the terms of such an agreement, when a Credited Entity links with its respective Credited Entity Profile(s), the Credited Entity is allowed to access certain features, functionality, information and services provided by us and/or our affiliates, which may include, but not be limited to:

the ability to promote, market, display, message and make certain information available to users regarding work, products, services, events, tickets, audio-visual content and other related services; and
analysis, statistics, reports and other information regarding how users interact with a Credited Entity Profile and or their credited work and associated companies (“Jaxsta Analytics Services”).

If a Credited Entity executes a Jaxsta Analytics Services Agreement, Jaxsta may grant to the Credited Entity a non-exclusive, non-transferable right to use certain information provided by Jaxsta to the Credited Entity through the Jaxsta Analytics Services, including analytics, statistics, reports and information regarding a Credited Entity's user base, social interaction and marketing and other similar related information (“Jaxsta Analytics Services Information”) solely for the Credited Entity's research and development purposes, subject to any limitations provided in these Terms and in the Jaxsta Analytics Services Agreement (including the following paragraph).

If a Credited Entity executes a Jaxsta Analytics Services Agreement, the Credited Entity acknowledges and agrees that the Credited Entity will not disclose the Jaxsta Analytics Services Information to any competitors of Jaxsta or Jaxsta's affiliates, or use the Jaxsta Analytics Service Information for purposes which are competitive with, directly or indirectly, Jaxsta or Jaxsta's affiliates. Additionally, the Credited Entity also acknowledges and agrees that Jaxsta may develop products or services that may compete with any platform(s), businesses or any other products or services owned or controlled by the Credited Entity or any third party.

If a Credited Entity executes a Jaxsta Analytics Services Agreement, the Credited Entity acknowledges and agrees that Jaxsta has no obligation to provide any technical support services in connection with the access to and/or use of the Jaxsta Analytics Services and/or Jaxsta Analytics Services Information. Subject to the terms of an existing Jaxsta Analytics Services Agreement between the Credited Entity and us, we reserve the right at any time to increase the fees for access to and/or use of the Jaxsta Analytics Service in our sole discretion.

2.5 Security and your account

You acknowledge that the internet is an inherently insecure communication medium, and you use the Service at your own risk. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of any content or other information or data uploaded, downloaded, hosted or otherwise communicated via the Service.

You are solely responsible for maintaining the confidentiality and security of your username, password and other security-based information at all times, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you. We are entitled to assume that you are the user of the Service if your username, password or other security-based information is used to access the Service.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Jaxsta in writing, and you must change your password at the earliest possible opportunity.

As between you and others (including your employer and representatives), your Member account belongs to you. However, if your access to the Service was purchased by another party on your behalf (e.g. under a Jaxsta Subscriptions Paid Account for an enterprise), the party paying for such Service access has the right to control access to and request reports on your use of such paid Service access.

2.6 Payment

If you subscribe to any of our paid Service tiers (e.g. Boutique, Business, Enterprise), you agree to pay us the applicable fees and taxes and must agree to any additional terms supplied at the point of payment and/or registration specific to the paid Service tier. We may change the amount of the fees charged for our paid Service tiers at any time, provided we will give you notice prior to such a change taking effect. You acknowledge that if you do not pay fees and charges when they are due, your access to the Service and enjoyment and benefit of the Service may be delayed or suspended without notice, in Jaxsta's sole discretion.

2.7 Content, sharing of submitted materials

As part of the Service, Jaxsta may provide music, videos, data, images, files, scripts, photographs, lyrics, software, audio or other materials or content, often licensed to Jaxsta by third parties (“Content”).

Our Service also allows Members to submit and share information, content and materials through their profile page, such as images and biography uploads (“Member Generated Content”). Jaxsta does not systematically review Member Generated Content submitted by Members and is not responsible for the form or content of any Member Generated Content. All such Member Generated Content shall be subject to Jaxsta's Digital Millennium Copyright Act (“DMCA”) policy below.

Jaxsta's DMCA policy

If you choose to submit and share Member Generated Content:

you must own or have the right to submit that Member Generated Content and you must have obtained all permissions necessary for us to include that Member Generated Content on the Service, including any permissions needed from third parties;
the Member Generated Content must be true, accurate and complete in all respects;
the Member Generated Content and its inclusion on the Service must not:
- infringe any intellectual property rights (including any copyright, database right or trademark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
- deceive or be likely to deceive any person;
- be used to impersonate any person (including Jaxsta and any of its representatives or any artist or individual or organization in the music industry) or to misrepresent your identity or affiliation with any person; or
- be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offense, give rise to civil liability, promote racism, bigotry, hatred or physical harm, violate any law or be otherwise inappropriate. If you become aware or reasonably suspect that any third-party content on the Service may infringe these requirements, you must promptly inform us in writing.

Member Generated Content that you submit, or share may be seen by users or third parties (including via distributed data feeds). Where we have made settings available, we will use commercially reasonable efforts to honor the choices you make about who can see your Member Generated Content (e.g., restricting your profile visibility from Visitors or from search engines).

You agree that Jaxsta may:

edit or delete your Member Generated Content in our sole discretion, with or without notice to you;
use your Member Generated Content for our business purposes; and
directly or indirectly benefit from your Member Generated Content.

You acknowledge that you should not upload Member Generated Content that infringes copyright, including but not limited to cover versions of songs you did not compose. Such posts may be subject to copyright infringement actions including but not limited to removal of the infringing Member Generated Content without notice to you

Unless specified by another agreement you have with us we are under no obligation to regularly monitor the accuracy or reliability of your Member Generated Content incorporated into the Service. We reserve the right to modify or remove any Member Generated Content at any time.

You acknowledge and agree that all Member Generated Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

You acknowledge that should you choose to post link to content on You Tube you are using YouTube's API in conjunction with the Services, and in so doing you are agreeing to be bound by the YouTube Terms of Service, which can be found at https://www.youtube.com/t/terms

2.7 Content, sharing of submitted materials

Jaxsta's DMCA policy

If you choose to submit and share Member Generated Content:

you must own or have the right to submit that Member Generated Content and you must have obtained all permissions necessary for us to include that Member Generated Content on the Service, including any permissions needed from third parties;
the Member Generated Content must be true, accurate and complete in all respects;
the Member Generated Content and its inclusion on the Service must not:
- infringe any intellectual property rights (including any copyright, database right or trademark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
- deceive or be likely to deceive any person;
- be used to impersonate any person (including Jaxsta and any of its representatives or any artist or individual or organization in the music industry) or to misrepresent your identity or affiliation with any person; or
- be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offense, give rise to civil liability, promote racism, bigotry, hatred or physical harm, violate any law or be otherwise inappropriate. If you become aware or reasonably suspect that any third-party content on the Service may infringe these requirements, you must promptly inform us in writing.

You agree that Jaxsta may:

edit or delete your Member Generated Content in our sole discretion, with or without notice to you;
use your Member Generated Content for our business purposes; and
directly or indirectly benefit from your Member Generated Content.

You acknowledge and agree that all Member Generated Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

2.8 Unacceptable use

You must only use the Service in a reasonable manner, consistent with these Terms, our Privacy Policy, applicable law (including copyright law) and ordinary community standards of behavior and decency. Under no circumstances may the Service be used for any illegal purpose, or in a manner likely to cause offense to a reasonable person.

You must not use the Service for any purpose which we consider to be unacceptable. Examples of unacceptable behavior include uses of the Service that:

would cause you or us to be in breach of any applicable law, code or regulation;
involves accessing the personal information of a person other than a person linked to your account;
attempts to obtain a benefit or other financial advantage which you are not entitled to;
places any unreasonable impost, burden or strain on the technical resources of the Service, including the excessive transmission of data;
depicts or promotes offensive or illegal behavior;
is offensive or promotes racism, bigotry, hatred or physical harm (including with respect to any Content or Member Generated Content that you provide);
harasses or threatens any other person;
exploits, including people in a sexual or violent manner;
contains nudity or violent or offensive subject matter;
infringes any copyright in the Service (including in any Content or Member Generated Content) or otherwise contains or promotes an illegal or unauthorized copy of copyright material;
could cause us to incur a liability to any third party or entity;
violates the privacy or confidentiality of any person or other third party;
involves compromising the security of any computer system or data storage system;
contains, provides or creates computer viruses or corrupts systems, facilities or data;
involves the sending of junk mail or unauthorized commercial electronic messages;
attempts to modify the Service, or any aspect of it, for any reason, including for the purpose of disguising or changing any indications of the ownership or source of any Content, Member Generated Content or other aspects of the Service;
attempts to spoof, interfere with or tamper with the technology in or used by the Service;
alters or modifies the operation of the Service in any way; or
involves the redistribution, broadcast, public performance, public display, transfer, resale or resupply of any part or all of the Service to any person without our prior written permission.

You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to any part or all of the Service. You agree to abide by the rules and policies that we may establish from time to time, which may include, for example, required or automated updates, modifications, and/or reinstallations of any software and obtaining available patches to address security, interoperability, and/or performance issues.

You acknowledge and agree that we may immediately suspend your access to the Service without notice if you breach these Terms, or we suspect on reasonable grounds that you have breached these T&Cs or used the Service for any unacceptable purpose.

3. Rights and Limitations

3.1. Your right to your Member Generated Content

As between you and Jaxsta, you own the Member Generated Content that you submit to the Service, and you grant Jaxsta (and our affiliates and licensors) an irrevocable, perpetual, non-exclusive, royalty-free and world-wide license to use, copy, modify, distribute, publish, communicate to the public and process Member Generated Content in connection with the Service without any further consent, notice and/or compensation to you.

3.2 Jaxsta's Intellectual Property Rights

All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out of the Service are owned by and vest in Jaxsta (or its licensors). You acknowledge and agree these T&Cs or your use of the Service does not transfer any right, title or interest in Jaxsta's (or its licensors') intellectual property rights to you, nor may you use Jaxsta's name, trademarks, service marks or logos without our prior written permission in each case.

3.3 Suspension, availability and accuracy

We may refuse to register your account without giving reasons and without liability to you.

While we take reasonable steps to ensure the availability and security of the Service, you accept that the Service (including Jaxsta Subscription) provided by us is on an “as is” basis, to the maximum extent permitted by law. We do not warrant that the Service will be continuously available, and we will not be liable if the Service or any part of it is unavailable at any time or for any reason. You acknowledge that the features in any part of the Service (including Jaxsta Subscription) may not be available in any future release.

Neither we nor our licensors (including the owners of Content or Member Generated Content) represent that the Service will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety. We do not promise to display any Member Generated Content that you provide.

Jaxsta is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any Member Generated Content that you provide, except to the extent required by applicable law or as noted in our Privacy Policy.

3.4 Other Content and Linked Sites

By using the Service, you may encounter Content, Member Generated Content that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Jaxsta generally does not review Content or Member Generated Content. You agree that we are not responsible for Content, Member Generated Content or information provided by third parties. We and/or the owners of the Content or Member Generated Content may, from time to time, remove Content or Member Generated Content from the Service without notice. We cannot always prevent the misuse of our Service, and you agree that we are not responsible for any such misuse. All such Content and/or Member Generated Content shall be subject to Jaxsta's DMCA policy hereunder.

We may provide links to third parties' websites or may divert your devices to third party websites and/or applications from time to time (“Linked Sites”). You are responsible for deciding if you want to access or use any Linked Sites. If you allow a Linked Site to authenticate you or connect with your Jaxsta account, that Linked Site can access information on the Service related to you. Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way. The provision of links to the Linked Sites does not mean that Jaxsta or its directors, officers, employees or agents endorse or recommend, or have any association with, the Linked Sites or the relevant third-party goods or services. You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site. However, Jaxsta may at its discretion refuse any advertisements from, or associations with, any Linked Site.

Linked Sites may be subject to their own legal terms and conditions of use and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility in relation to your use of Linked Sites.

Our licensors and the owners of Linked Sites are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.

3.5 Use of lyrics

You acknowledge and agree that your use of any lyrics provided through the Service by Jaxsta or its licensors is limited to your personal, non-commercial use in accordance with these Terms. You agree that you will not reproduce (other than as authorized for your personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly any of the lyrics provided through the Service. You agree that you are not granted any so-called “karaoke” or “sing-along” rights to the lyrics and you shall not seek to or remove any vocal track from a sound recording that is associated with a lyric provided to you. You agree not to assign, transfer or transmit any lyrics to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the lyrics from your unauthorized use.

3.6 Copyright Infringement and DMCA Notice and Procedure

We take alleged copyright infringement seriously. If you believe that any information or material on the Service infringes upon your copyrighted work, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Service; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Service is:

Jaxsta Copyright Agent
Vinyl Group Operations Pty Ltd
11 Wilson St, South Yarra,
VIC 3141, AUSTRALIA

Email: support@jaxsta.com

4. Liability and Refunds

4.1 Liability

Without limiting any other provisions of these Terms, we, our related entities and our licensors will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Service including any viruses or other malicious software that may affect you while using the Service or for any faults, failures or interruptions or for the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using the Service.

Other than express terms of these Terms and warranties, conditions, rights or guarantees implied by applicable legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void (“Non-excludable Rights”), you agree that:

the Service is provided “as-is” and “as available” without warranties of any kind from us or our licensors; and
we and our licensors exclude all liability arising from any implied or express representations, terms, conditions or warranties, including implied warranties of merchantability and fitness for a particular purpose, that may otherwise apply to your use of the Service.

To the extent permitted by applicable law (and unless Jaxsta has entered into a separate written agreement with you that overrides your agreement to these T&Cs), under no circumstances will Jaxsta or Jaxsta's affiliates (and any third parties that Jaxsta works with to provide the Service, including our licensors) be responsible to you or any third party whether in contract, tort (including negligence), in equity, under statute or otherwise for any indirect, incidental, special, consequential or punitive damages, or for any damages for loss of data, opportunities, goodwill, profits or revenues, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.

Except for liability in relation to breaches of any Non-excludable Rights, in no event shall the aggregate liability of Jaxsta and Jaxsta's affiliates (and any third parties that Jaxsta works with to provide the Service, including our licensors) to you in contract, tort (including negligence), in equity, under statute or otherwise exceed AUD $1000.

To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:

replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or
replacement or repair if the Service fails to be of acceptable quality and the failure does not amount to a major failure.

All other refunds of fees paid for the Service will be handled in accordance with our refund policy, which is set out below in section 4.3.

You agree to indemnify us and our related entities, licensors, directors, officers, employees, contractors and agents from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of, or in any way connected to: (a) your use of the Service or information or content available by means of the Service, or the use of the Service by anyone using your device, (b) your violation of these Terms, or (c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Jaxsta reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2 Cancellations

As a holder of a Jaxsta Subscription, you will have the option to change the level of membership up or down or cancel your membership. All cancellations will be processed within 72 hours of the day requested by the Member, but the membership will continue until the end of the paid subscription, unless the cancellation occurs within the refund guidelines in section 4.3.

When downgrading from a Jaxsta Subscription Paid Service to a Jaxsta Subscription Free Service, certain paid features may reset to their original state as would be available under the Jaxsta Subscription Free Service.

4.3 Refunds

Refunds are only issued if required by applicable law.

If you live in the EU or Turkey, you're eligible for a refund within 14 days of purchase. To obtain a refund, please email support@jaxsta.com and include your country of residence.

5. Termination

You may end your access to the Service at any time by deleting your account and by navigating away from the Service. Ending your access in this way will restrict your ability to access the Service and you will need to register again with us if you change your mind. Any data or personal information we have collected about you or your use of the Service will be retained and/or destroyed in accordance with our Privacy Policy.

We may immediately terminate your access to the Service for the following reasons:

you breach these Terms, and either such breach is incapable of being remedied or you fail to remedy such breach within 10 days of receiving written notice of such breach;
you use the Service in an unacceptable way and you fail to immediately cease such use upon receiving written notice of such use;
you fail to pay the fees for your subscription to the Service when due and do not remedy such failure within 10 days of receiving written notice of such failure;
we cease to provide the Service, in whole or in part;
our business or contractual relationships with any third parties require us to do so; and/or
we notify you that you have done something that is detrimental to our business interests or reputation or those of any third parties and such act is incapable of being remedied or you fail to remedy such act within 10 days of receiving written notice of such act.

You acknowledge that neither Jaxsta, nor any third party, will have any liability to you for any reason whatsoever arising from any termination of your access to the Service.

6. Governing Law

These Terms are governed exclusively by the laws in force in Victoria, Australia and this applies notwithstanding your use of the Service outside of Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia.

7. General

If any provision of these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable, and to the extent that it cannot be read down, will be severed from these Terms.

If there is a contradiction or inconsistency between these Terms and any other written agreement between you and Jaxsta, notices, policies, communications or documents relating to the Service, then these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing. These Terms may be translated into languages other than English. If there is a discrepancy between the English language version and any translated version of these Terms, the English language version will prevail.

Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of the rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.

Any phrase introduced by the words ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression must be construed as illustrative only and must not be construed as limiting the generality of any preceding words.

“Related Entity” means any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds a substantial ownership interest, directly or indirectly.