Effective as of September 9, 2018
Thanks for choosing MusicLNK (“MusicLNK”, “we”, “us”, “our”). By signing up or otherwise using the MusicLNK service, websites, and software applications (together, the “MusicLNK Service” or “Service”), or accessing any content or material that is made available by MusicLNK through the Service (the “Content”) you are entering into a binding contract with the MusicLNK entity indicated at the bottom of this document.
Please read the Agreements carefully. They cover important information about MusicLNK Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the MusicLNK Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to MusicLNK is true, accurate, and complete, and you agree to keep it that way at all times.
Here’s some information about all the ways you can enjoy MusicLNK.
Rights we grant you
The MusicLNK Service and the Content are the property of MusicLNK or MusicLNK's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the MusicLNK Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or MusicLNK. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the MusicLNK Service or the Content.
The MusicLNK software applications and the Content are licensed, not sold, to you, and MusicLNK and its licensors retain ownership of all copies of the MusicLNK software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices.
You agree to abide by our User guidelines and not to use the MusicLNK Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, MusicLNK grants no right, title, or interest to you in the MusicLNK Service or Content.
Third party software (for example, open source software libraries) included in the MusicLNK Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
Third Party Applications
The MusicLNK Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that MusicLNK does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
MusicLNK respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure MusicLNK stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the MusicLNK Service or the Content, or otherwise making any use of the MusicLNK Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the MusicLNK Service or the Content or any part of it;
- using the MusicLNK Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the MusicLNK Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by MusicLNK, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the MusicLNK Service or the Content;
- circumventing any territorial restrictions applied by MusicLNK or it licensors;
- artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the MusicLNK Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the MusicLNK Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from MusicLNK; or
- selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect MusicLNK, the owners of the Content, and other users of the MusicLNK Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your MusicLNK account. You also agree that MusicLNK may also reclaim your username for any reason.
Please be thoughtful about how you use the MusicLNK Service and what you share. The MusicLNK Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on MusicLNK or across the web, so please use MusicLNK carefully and be mindful of your account settings. MusicLNK has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Infringement and reporting User Content
MusicLNK respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see MusicLNK’s copyright policy. If MusicLNK is notified by a copyright holder that any Content infringes a copyright, MusicLNK may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to MusicLNK with a request to restore the removed content.
Service limitations and modifications
MusicLNK will make reasonable efforts to keep the MusicLNK Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, MusicLNK reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the MusicLNK Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the MusicLNK Service or any function or feature thereof. MusicLNK and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and MusicLNK, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and MusicLNK only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and MusicLNK, the Agreements constitute all the terms and conditions agreed upon between you and MusicLNK and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the MusicLNK Service may be governed by additional agreements. That could include, for example, access to the MusicLNK Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by MusicLNK or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive MusicLNK’s or the applicable third party beneficiary’s right to do so.
MusicLNK may assign the Agreements or any part of them, and MusicLNK may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold MusicLNK harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the MusicLNK Service; and (4) your violation of any law or the rights of a third party.
Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and MusicLNK agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.)
MusicLNK does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
If you have any questions concerning the MusicLNK Service or the Agreements, please contact MusicLNK customer service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy MusicLNK!
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