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author | Brad Erhart | 2019-07-24 18:39:42 -0700 |
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committer | Brad Erhart | 2019-07-24 18:39:42 -0700 |
commit | 83661fde9c9a6ad1393f43a17ca34721daa78c64 (patch) | |
tree | e74f8192996ddd75290533e93e4c39f3a23a8d30 /eula.md | |
parent | 53dd383a48be0cb051f55ec02a308f504763bbfc (diff) | |
download | aur-83661fde9c9a6ad1393f43a17ca34721daa78c64.tar.gz |
Updating musixmatch to v3.6.0
Diffstat (limited to 'eula.md')
-rw-r--r-- | eula.md | 592 |
1 files changed, 592 insertions, 0 deletions
diff --git a/eula.md b/eula.md new file mode 100644 index 000000000000..64bab56f0f27 --- /dev/null +++ b/eula.md @@ -0,0 +1,592 @@ +# End User License Agreement (EULA) + +**LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE +PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS** + +These terms and conditions (“Terms“) set out important information +regarding the rights, obligations and the restrictions that may apply to +you as a user (“User“) when you access our website at +\[http://www.musixmatch.com\] (“Website“) and/or access, use or download +the MusiXmatch digital application (“Application“) and any services +offered in conjunction with the Musixmatch digital application +(“Services“) as they are made available on various digital media +devices, such as PDAs, cellular/mobile phones, handheld devices or PCs, +(“Devices“), and networks, such as those of mobile operators, internet +service providers or cable operators (“Networks“). The Services may +include the ability for Users to purchase certain digital products and +physical products. Sales of physical products are governed by our [Terms +of Sale](http://about.musixmatch.com/terms-of-sale). The Application is +a digital application that facilitates the use of Services, which +generally consist of a Music Player with digital lyrics recognition) +that provides song lyrics, artist identification and other detailed meta +data about the artist and access to related third party applications +(“Third Party Applications“) and websites (“Third Party Sites“), that +can be used in conjunction with the Application and/or Services (for +example, e-commerce providers, e-mail providers, social networking +sites, information and access feature providers). The Website is also a +hosting service where Users can upload, submit and post their own text, +picture and graphic content to share with other Users on the Website. +The Website, Application and the associated Services, where not +specifically provided otherwise, are supplied by MusiXmatch s.p.a (“we“, +“us” and “our” as appropriate). + +We are a limited company incorporated in Italy. Our registered office is +at: Via Timavo 34, Milan, Italy our email: is info@musixmatch.com VAT +number: 03004641209. + +These Terms may be accessed via the Application directly from your +Device, or on our Website at http://www.musixmatch.com. + +Any translation of these Terms are provided as a courtesy to you and the +definitive text of these Terms is the English (UK) version. + +If you wish to use our Website, the Application and/or the Services +(collectively referred to as “Musixmatch“), you must agree to be bound +by these Terms, as set out below, and all and any applicable laws +regarding your use of Musixmatch. You must also pay any charges for the +Services which may be applicable, the Services which may be applicable, +including all charges relating to purchase and delivery of products. + +IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY +FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE +MUSIXMATCH. YOUR CONTINUED USE OF MUSIXMATCH (INCLUDING, BUT NOT LIMITED +TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES +AND/OR USE OF THE SERVICES AND THE PURCHASE OF PRODUCTS) NOW, OR +FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE +DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES OR +MODIFICATIONS. YOU AGREE TO USE MUSIXMATCH ONLY FOR PURPOSES THAT ARE +LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING +POLICIES OR GUIDELINES. + +BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS: + +a) EXPRESSLY ACCEPTING THESE TERMS OF USE AT ANY TIME, FOR EXAMPLE BY +CLICKING ON ANY CLEARLY INDICATED ACTIVATION PHRASE ON YOUR DEVICE. + +b) DOWNLOADING THE APPLICATION OR DOWNLOADING AN UPGRADE TO THE +APPLICATION (WHICH MAY BE OFFERED FROM TIME TO TIME). + +c) PURCHASING A PRODUCT USING THE SERVICES. + +## 1. USAGE POLICY + +1.1 Unless otherwise specifically provided by us, our grant of rights to +you under these Terms is personal to you and gives you access to use the +Application and the Services only on the Device on which the software +was first installed. The licence is not transferrable to another person +or another Device without our agreement in writing (which will only be +given in exceptional circumstances) or if otherwise expressly provided +in these Terms. + +1.2 You agree to provide true, accurate, current and complete +information about yourself at any time you are prompted by Musixmatch to +complete a registration form (for example, your name, email address, and +certain demographic information) and to maintain the accuracy of this +information (such information being the “Membership Data“) throughout +the period you use Musixmatch. Membership Data and certain other +information about you are subject to our Privacy Policy. + +1.3 If you do not comply with any of Sections 1.2 and 1.5, or we have +reasonable grounds to suspect that you have not, we have the right to +suspend and/or terminate your account and refuse any and all current or +future use of Musixmatch. + +1.4 We may change, suspend or discontinue any aspect of Musixmatch at +any time, including the availability of any feature, database and/or +content. We may also impose limits on certain features and services or +restrict your access to parts or all of the Services without liability. +Such changes will be notified with reasonable notice, where they are +material and where practicable, and you will have the opportunity to +terminate the service should you not accept the new Terms. Where these +changes or suspensions would amount to a complete termination of the +Services you may be entitled to a refund of the reasonable part of any +charges paid by you. + +1.5 Continued use of the Application and/or Services may require a +download of new releases of software which may contain different +functionality and consequently may be subject to different licence +terms. You agree not to misuse Musixmatch and to only upload content to +Musixmatch strictly in accordance with these Terms, any other guidance +or instructions given by us and all applicable laws. In particular, you +agree that you will not: (a) post or distribute any offensive, obscene +or otherwise inappropriate material which may cause offence to others on +grounds of race, religion, ethnicity or sex; (b) post or distribute any +material that is unlawful or which threatens or encourages illegal +activities or which harms the rights of others; (c) post or distribute +material which is not your own (including, but not limited to, material +which has been copied or scraped from another source using web +extraction and/or harvesting techniques) or in respect of which you have +not been given the necessary rights, licences or permissions to post to +Musixmatch; (d) post or distribute any material which infringes the +copyright, trademark, patent, trade secret or other intellectual +property or proprietary rights of any other party; (e) post or +distribute any unsolicited advertising material, ‘junk mail’, ‘spam’, +‘chain letters’, or ‘pyramid schemes’; (f) defame, harass or stalk +others or encourage such behaviour; (g) harm, or attempt to harm, any +person in any way; (h) impersonate any person or entity or create a +false or misleading identity; (i) access, or attempt to access, the +accounts of others; (j) breach or attempt to breach our security +measures, or penetrate or attempt to penetrate our computer software, +hardware, electronic communication system, or telecommunications +systems; (k) collect, attempt to collect, or use other members’ personal +information; (l) engage in any activity which adversely affects the +ability of other people or systems to use Musixmatch or the internet +generally; (m) cause any nuisance or cause the operation of Musixmatch +to be jeopardised or impaired; (n) post or distribute any material that +contains any form of software virus or programs designed to interrupt, +destroy or limit the functionality of any computer software or hardware +or telecommunications equipment; (o) modify, adapt, translate, or +reverse engineer any portion of Musixmatch or its contents, or use any +robot, spider, site search/retrieval application, or other device to +retrieve or index any portion of the Website and/or Application, save +only to the extent permitted by applicable law; or (p) use Musixmatch +for any improper, unlawful or immoral purpose. + +1.6 Each time you attempt to interact with Musixmatch, such as when you +request lyrics for a music track, you will send data for which your +Network will charge at your usual data rates. + +1.7 Certain versions of the Application are distributed in a form that +limits the availability of some of the Services that can be accessed +from that version and/or some of the Service features, for example some +versions of the Application imposes a limit on the number of lyric +requests that can be made in any period. Details on Services and feature +sets, and any limitations on use for your version of the Application, +are accessible via the Application from your Device and/or from the +source where you originally obtained the Application. Even where there +is no such limit imposed in the Application on the amount of usage +permitted, you agree to use the Services fairly. + +## 2. DIGITAL PRODUCTS + +If you are (or become) a paying customer of any part of the Application +and/ or Services or any other product of Musixmatch, including by +purchasing products, except as provided for in our Terms of Sale, we +will provide you with relevant information regarding how to place an +order, price, delivery procedure and cancellation options on a case by +case basis, before completing payment for your purchase. Any purchase +will be effective upon the processing of your payment and all sales of +digital products on the Services are final. + +2.1 Except in the case of any subscription you have for the Services, +you acknowledge that any consumer cancellation rights contained in the +Consumer Protection (Distance Selling) Regulations 2000 (to the extent +applicable) may not apply to contracts for the purchase of the +Application and/ or Services, or any other digital product of +Musixmatch. You hereby agree to waive any other right to cancel your +purchase of digital products (if applicable) that may be available to +you under any worldwide consumer protection laws and all refunds will be +at our sole discretion, or at the discretion of any third party operator +of a Third Party Site. If a waiver of such rights is prohibited by law, +this cancellation right shall be limited to 7 working days. + +2.2 You acknowledge that you will not be entitled to any refund for +purchases of digital products on the Services, including any purchases +made while using the Application. + +## 3. THIRD PARTY APPLICATIONS AND SERVICES + +3.1 Musixmatch may enable you to use functionalities of Third Party +Applications and/or to link to Third Party Sites that are not owned or +controlled by us. Content, products and services that are part of any +Third Party Applications and/or Sites to which we may connect +(including, but not limited to, social networking sites, sites on which +you can view content and from which you can make purchases, or record a +geographic location) are subject to the terms and conditions of the +relevant application and/or Third Party Sites. We have no control over +and are not responsible or liable for any matters relating to your +dealings with such third parties. + +3.2 We are not responsible for and have no control over any third-party +content, syndicated content, applications, services, advertisements, +links, privacy policies and/or practices of any such third-parties that +may be found through Musixmatch. In addition, we will not and cannot +censor or edit the content of any Third Party Applications and/or Sites. + +3.3 By using the Services, you acknowledge that we do not to incur any +liability arising from your use of any Third Party Applications and/or +Sites. Accordingly, we encourage you to be aware when you leave +Musixmatch and to read the terms and conditions and privacy policy of +each and every other Third Party Application, Site and/or other +resources that you visit. Any correspondence, business dealings with, +syndication, linking or participation in promotions of Third Party +Applications and/or Sites, including payment or delivery of related +goods or services, and any other terms, conditions, warranties or +representations associated with such dealings, are solely between you +and such third parties. + +3.4 We shall not be responsible or liable for any loss or damage of any +sort incurred as the result of any dealings between you and any third +parties, or as the result of the presence of such third-party content +accessed via Musixmatch or as a result of the failure of such Third +Party Applications and/or Sites to function as intended. + +## 4. USER-GENERATED CONTENT + +4.1 We respect the intellectual property of others, and we ask our +Users to do the same. If you believe that your work has been copied or +used in a way that constitutes copyright infringement, or your +intellectual property rights have been otherwise violated, please see +our [Copyright and DMCA Policy](http://about.musixmatch.com/copyright) + +4.2 Please choose carefully the words, information, content, messages, +text, files, images, photos, sounds, profiles, works of authorship or +any other materials you post, upload, link to, publish or display on our +Website and/or through the use of Services and any such content that you +provide or make available to other Users through the Website +(collectively, “User Content“). You are responsible for all User +Content, as set forth below. + +4.3 You retain ownership of User Content. All User Content is wholly +original to you (or you have permission to post it to Musixmatch in the +way envisaged under these Terms), at your direction and under your +control and you understand that you are responsible for that content and +any consequences of posting it to Musixmatch. By sharing User Content +via Musixmatch (and any Third Party Application and/or Sites), you grant +to us during the entire period of protection of your intellectual +property rights associated with such content and material, a world-wide, +royalty free, non-exclusive irrevocable licence to use, copy, modify, +publicly perform, publicly display, translate, reproduce, transmit or +distribute, or an equivalent right to use, the User Content via +Musixmatch (and any other Third Party Applications and/or Sites). We +require such a licence in order to provide certain functionality within +Musixmatch (and any Third Party Applications and/or Sites). Any User +Content submitted by you will remain on Musixmatch indefinitely. You +will not have the option to remove your User Content from Musixmatch at +any time, except where you submit a request in writing to Musixmatch to +remove your User Content, which is to be decided by Musixmatch at our +sole discretion. By sharing User Content within Musixmatch (and any +Third Party Application and/or Sites) you warrant that you own all +rights in and to the User Content shared by you and that you are not +breaching any other party’s rights to privacy, publicity rights, +copyrights or contractual rights. + +4.4 You understand and agree that if you post any User Content to +Musixmatch which breaches any of these Terms, we have the right to +remove the content, at our sole discretion, and terminate your account +and you will be responsible to us for any issues arising out of breach +of these Terms. + +4.5 Please note that we cannot accept any User Content containing any +music, save where expressly permitted in writing by us. + +4.6 Information or User Content provided by other Users may contain +inaccurate, inappropriate or offensive material, products or services, +and we assume no responsibility or liability for this material. User +Content must not be illegal, obscene, threatening, defamatory, invasive +of privacy, infringing of intellectual property rights, violate any +confidentiality agreement or other contract or be otherwise injurious to +third parties or objectionable and must not consist of or contain +software viruses, political campaigning, commercial solicitation, chain +letters, mass mailings, or any form of “spam.” You may not use a false +email address, impersonate any person or entity, or otherwise mislead as +to the origin of any User Content. We have the right but not the +obligation to refuse to post, remove or edit any posting or submission +User Content. We do not actively monitor User Content and take no +responsibility and assume no liability for any User Content. + +4.7 By submitting the User Content to us, you grant us and our +affiliates the right to use the username that you submit in connection +with such User Content. You grant to us a revocable, non-exclusive, +worldwide right and licence, or another equivalent right to use, all the +trademarks, service marks, trade dress, artwork, names, likenesses and +biographical material associated with the User Content, your username, +or your account in connection with your use of and our operation of +Musixmatch. You are solely responsible for any necessary payments that +may become due to any third parties as the result of your posting of or +linking to the User Content and our use thereof on the Website. + +4.8 The following is a partial list of the kind of User Content that is +illegal or prohibited on Musixmatch. We reserve the right to investigate +and take appropriate legal action in its sole discretion against anyone +who violates this provision, including without limitation, removing the +offending User Content from the Website or Services and terminating the +access to Musixmatch of such violators. Prohibited User Content includes +content that: + +a) is obscene, patently offensive, or promotes racism, bigotry, hatred +or physical harm of any kind against any group or individual; + +b) harasses or advocates harassment of another person; + +c) involves the transmission of “junk mail,” “chain letters,” or +unsolicited mass mailing or “spamming”; + +d) consists of information that you know is false or misleading or +promotes illegal activities or conduct that is abusive, threatening, +obscene, defamatory or libellous; + +e) consists of an illegal or unauthorized copy of a copyrighted work, +such as sound recordings, musical compositions and videos in which you +do not personally own the copyright or otherwise do not have the +necessary authority from the copyright owner(s); + +f) computer programs or links to them or providing information to +circumvent manufacturer-installed copy-protect devices, or infringing +materials; + +g) contains restricted or password-only access pages or hidden pages or +images (those not linked to or from another accessible page); + +h) provides material that exploits people under the age of 18 or +solicits personal information from anyone under 18; + +i) provides instructional information about illegal activities; + +j) solicits passwords or personal identifying information for commercial +or unlawful purposes from other Users; + +k) involves commercial activities and/or sales without our prior written +consent such as contests, sweepstakes, barter, advertising, or pyramid +schemes; + +l) violates anyone’s right of privacy; or + +m) uses any unfair, misleading or deceptive content intended to draw +traffic to the profile. + +4.9 You hereby waive all moral rights and similar rights in any +jurisdiction, including any rights to object to derogatory treatment of +the User Content to which you may now or at any future time be entitled. + +## 5. AVAILABILITY OF SERVICES + +5.1 We will do our best to offer you a smooth service, but we give no +guarantees that Musixmatch will be free from faults or that the Services +will be provided uninterrupted. If a fault does occur, please report it +to Customer Services and we will attempt to correct the fault as soon as +we reasonably can. + +5.2 We will occasionally restrict your access to the Website or to the +Services to carry out repairs, maintenance or to introduce new +functionality or services and we will endeavour to keep disruption to a +minimum. + +5.3 New Services are subject to a period of testing. This means that a +new Service may not perform with complete functionality, may be +undergoing testing, may be inconsistently available, may have software +“bugs” being fixed by us and may have other issues affecting +availability and functionality. + +## 6. LEGAL PROTECTION AND LIMITATIONS + +6.1 You acknowledge that Musixmatch (and any other applications) +licensed by us to you are our property and all intellectual property +rights in the Application, the Services and the technology used or +supported by the Application, anywhere in the world belong to us. You +have no right to access the Application in source-code form at any time. +You are granted only a limited, revocable, non-exclusive, +non-transferable (without the right to sublicense) licence to use +MusiXmatch or any Third Party Application for the purpose of accessing +and using the Services. You agree not to disassemble, de-compile, +reverse engineer, or otherwise attempt to gain access to the source code +of the Application or Services or any Third Party Application. You will +not copy any part of Musixmatch or any Third Party Applications and/or +Sites or make commercial use of, rent, lease, loan, sell, publish, +license, sublicense, distribute, assign or otherwise transfer any part +of Musixmatch to any person. + +**6.2 You agree to not use Musixmatch to:** + +a) interfere with, manipulate, or take any actions that may undermine +the integrity of any rating system used on the Services; + +b) interfere with or disrupt Musixmatch or servers or networks, or +disobey any requirements, procedures, policies or regulations of +networks connected to these; + +c) collect or store personal data about other Users of Musixmatch; or + +d) harass, abuse, or harm another person, or in order to contact, +advertise to, solicit, or sell to any other User without their prior +explicit consent. + +6.3 You will not alter, destroy, obscure, or otherwise remove any +copyright or proprietary notices or labels on or embedded within any +part of Musixmatch and/or any Third Party Applications. + +6.4 You agree to not use Musixmatch or export any portion of it in +violation of U.S. export regulations. + +6.5 You represent and warrant that 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 you are not +listed on any U.S. list of prohibited or restricted parties. + +6.6 Any content provided by us as part of Musixmatch, including but not +limited to ringtones, lyrics, artist information and downloads contains +copyrighted material, trademarks and other proprietary rights belonging +to us and our licensors. All right, title and interest in and to such +content vests in us and our licensors. You are granted a limited, +revocable, non-exclusive licence to display that content as part of the +Services solely for your personal use. Except as expressly authorized by +us, you may not copy, modify, translate, reproduce, distribute, publish, +broadcast, perform, display, sell, assign, lease or sub-license that +content, in whole or in part. + +6.7 YOUR USE OF MUSIXMATCH IS AT YOUR SOLE RISK. MUSIXMATCH IS PROVIDED +ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL +REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER +EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, +INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, +FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM +EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT + +a) MUSIXMATCH WILL MEET YOUR REQUIREMENTS, + +b) DELIVERY OF ANY PORTION OF MUSIXMATCH WILL BE UNINTERRUPTED, TIMELY, +SECURE, OR ERROR-FREE, + +c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MUSIXMATCH WILL BE +ACCURATE OR RELIABLE, + +d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL +PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR +EXPECTATIONS, + +e) (ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, + +f) ANY PORTION OF MUSIXMATCH OR ANY OTHER APPLICATION PROVIDED BY US +WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR +SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR +INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH +OR FROM THE MUSIXMATCH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN +THESE TERMS. + +6.8 Under no circumstances will we or our subsidiaries, and affiliates, +suppliers and their respective owners, officers, manager, members, +agents and employees, be liable to you for loss of profits, business +interruptions, loss of business information, loss of business, +opportunity or other pecuniary loss, loss of data or any direct, +indirect, incidental, consequential, special, exemplary, or punitive +damages or losses, whether based in contract, tort or otherwise, arising +out of or in connection with use of, or inability to use Musixmatch (and +any other applications) which we license to you, any content delivered +to you or Musixmatch, whether or not we have been advised of the +possibility of such damages or loss. In any event, our liability to you +shall be limited to typical and foreseeable damage and shall not exceed +the fees paid by you for a 3 month period or the maximum amount of (Euro +15), whichever is higher. + +6.9 Some jurisdictions (countries, provinces, states) absolutely +prohibit some limitations on liability, disclaimer of warranties or +exclusion of direct or consequential damages. In such cases only the +above disclaimers, limitations or exclusions may not apply to you to +their full extent. + +6.10 You acknowledge and agree that we are merely a passive conduit and +hosting service for User Content and we play no active role in the +distribution or presentation of User Content. We do not review or +monitor User Content to ensure it is compliant with these Terms and +applicable law. It is solely your responsibility to ensure User Content +is acceptable and compliant. + +6.11 You hereby indemnify and hold harmless, and upon our request, +defend, us, our affiliates (and their respective directors, officers and +employees) from and against any and all losses, liabilities, damages, +costs or expenses (including reasonable attorneys’ fees and costs) +arising out of any claim, action, or proceeding brought by a third party +based on a breach of any warranty, representation, covenant or +obligation by you under these Terms. You will reimburse us and our +affiliates on demand for any actual payments made in resolution of any +liability or claim that is subject to indemnification under this +Section, provided that we attempt to obtain your written consent prior +to making such payments, such consent not to be unreasonably withheld, +delayed or conditioned. We shall promptly notify you of any such claim, +and you shall assume control of the defence of such claim upon our +request. We shall have the right, at your expense, to participate in the +defence thereof under your direction. + +6.12 Nothing in these Terms shall be construed so as to exclude or limit +our liability or that of any third party for death or personal injury as +a result of negligence. + +6.13 Nothing in these Terms affects any mandatory statutory rights that +you may have as a consumer, except to the extent permitted by law. + +6.14 We will endeavour to comply with mandatory local regulations of +public policy and consumer protection, but disclaim all and any +liability, apart from the liability assumed within these Terms, to the +maximum extent permitted by law. + +## 7. GENERAL + +7.1 These Terms are not intended to give rights to anyone except you and +us, unless otherwise expressly indicated by us within these Terms. We +may assign our rights and obligation under these Terms without your +prior consent to any new provider of Musixmatch. + +7.2 If any provision of these Terms is found to be unlawful, void, or +for any reason unenforceable, then the provision will be deleted. Any +such deletion will not affect the validity and enforceability of any of +the other provisions of these Terms. + +7.3 You may at any time unsubscribe or cancel your Musixmatch account, +subscription or any other relationship with Musixmatch which is being +governed by these Terms via Third Party Sites. Please note, however, +that Musixmatch will not make any refunds, except in exceptional +circumstances involving material breach on our part, and you will remain +liable for payment of any part of Musixmatch Services that you have +already used or previously committed to. + +7.4 We may at any time terminate your account or prevent you from +gaining access to Musixmatch. If we terminate your account, we may +immediately delete all the files and information on your profile and +prevent you accessing your profile. We will use reasonable efforts to +give you notice of termination or suspension of access to Musixmatch, +but this may not always be possible. We will not be liable to you or to +any third party for termination or for any permanent or temporary +suspension of any of the Website, Application or Services. If you are a +paying customer and our Services to you are terminated you may be +entitled to a refund of the reasonable part of any charges paid by you. + +7.5 We will not be liable to you or to any third party for any failure, +suspension and/or termination of access to Musixmatch in connection with +or arising out of a force majeure event including, without limitation, +strikes, lock-outs or other industrial disputes, nuclear accident or +acts of God, war or terrorist activity, riot, civil commotion, malicious +damage, compliance with any law or government order, rule regulation or +direction, accident or breakdown of plant or machinery, fire, flood, +storm or default of suppliers, and where they are beyond our reasonable +control, any other acts, events, omissions or accidents. We may provide +you with notices regarding Musixmatch or these Terms by post to any +address you have given us, by email, by SMS message or by postings to +the Website. + +7.6 These Terms and the relationship between you and us and any dispute +or claim arising out of or in connection with these Terms or their +subject matter or formulation (including non-contractual disputes or +claims) shall be governed by the laws of England and Wales. You and we +agree to submit to the exclusive jurisdiction of the courts of England +and Wales. + +7.7 We may amend these Terms at any time by posting the amended terms on +our Website and/or by amending the Terms as they are accessed from the +Application on your Device. It is your responsibility to review these +Terms from time to time to check if they have been amended. The +effective date of each new version the Terms will be included at the top +of the Terms page. If you continue to use the Application and/or +Services or you download any content or upgrade any of the Services +after we have posted any amended terms that will demonstrate that you +accept our updated Terms. Should you not accept these amendments, you +may terminate the Services. + +7.8 If we fail to insist that you perform any of your obligations under +these Terms, or if we do not enforce our rights against you or if we +delay in doing so this does not mean that we have waived our rights +against you and will not mean that you do not have to comply with those +obligations. If we do waive a default by you, we will only do so in +writing, and that will not mean that we will automatically waive any +later default by you. + +7.9 A person who is not a party to these Terms shall not have any rights +under the Contracts (Rights of Third Parties) Act 1999 or otherwise to +enforce any of these Terms. + + +See also our [Privacy +Policy](http://about.musixmatch.com/privacy-policy) and [Cookie +Policy](http://about.musixmatch.com/cookie-policy). + + +Last Updated May 2018 |