Welcome to MUSIC DOWNLOADER! We invite you use a mobile application MUSIC DOWNLOADER ('Application'), but please note that your invitation is subject to your review and agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the Application, so please review these Terms carefully.
1. What Are The Terms of Service?
, and other terms or conditions that may be presented to you from time to time (all of which we collectively refer to as the 'Terms of Service' or 'Terms'). If you do not agree to these Terms, you do not have the right to access or use our Application. If you do use our Application, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
2. What Is The MUSIC DOWNLOADER?
MUSIC DOWNLOADER is an application powered by Programitas, MB and CCMixter, which permits you to access digital music and other content for end user use only under the Terms of Service. Music available through the Application is provided by CCMixter (http://www.ccmixter.org/). You can find licensing information next to each song.
3. If This Is A Contract, Who Are The Parties?
You are one party to the contract. The other party to this contract is Programitas, MB, legal entity code 304144905, registration address Gedimino ave. 45-4, Vilnius, Lithuania.
4. Will These Terms Of Service Ever Change?
Changes in these Terms are almost certain to happen, due to changes in our Application and the laws that apply to us and you. If we make a change, we'll do our best to provide you with advance notice.
If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Application; your continued use of the Application after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.
5. What Are My Rights In MUSIC DOWNLOADER?
Once you accept these Terms, we grant you a limited, non-exclusive, personal, worldwide, royalty-free, non-assignable license to use the Application subject to these Terms, for as long as you are not barred from using the Application under the laws applicable to you or until you stop using the Application.
6. I'm Guessing MUSIC DOWNLOADER Has Some Rights Relating To The Application?
We do. They're described here:
Right to Modify the Application. We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Application, including changes that may affect the previous mode of operation of the Application. We expect that any such modifications will enhance the overall Application, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you and other data, and impose other limitations at any time, with or without notice.
Right to Engage Third Parties. MUSIC DOWNLOADER may from time to time engage certain affiliates or other third parties to provide other services relating to all or part of the Application, and you hereby agree that such third party involvement is acceptable.
7. Can Kids Use MUSIC DOWNLOADER?
MUSIC DOWNLOADER is not directed to children. By accessing MUSIC DOWNLOADER and using the Application you confirm that you are an adult (according to the laws applicable to you).
8. What Else Do I Need To Know?
Third-Party Links. We may include or recommend third party resources, materials and developers and/or links to third party websites and applications as part of, or in connection with, the Application. We have no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
Indemnity. You agree to indemnify and hold MUSIC DOWNLOADER, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of the Application, any violation of these Terms of Service or any other actions connected with your use of the Application.
The Application Is Available 'As Is.' YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSIC DOWNLOADER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (b) MUSIC DOWNLOADER DOES NOT WARRANT THAT (i) THE APPLICATION WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE APPLICATION WILL BE CORRECTED.
- (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSIC DOWNLOADER OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- (e) BY VIEWING THE CONTENT PROVIDED ON MUSIC DOWNLOADER YOU MAY BE EXPOSED TO THE CONTENT THAT IS INACCURATE, OBJECTIONABLE, OFFENSIVE, INDECENT, AND INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITED TO YOUR PURPOSE.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MUSIC DOWNLOADER, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MUSIC DOWNLOADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APPLICATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM THE SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE APPLICATION; (iv) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE APPLICATION; (v) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; OR (Ix) ANY OTHER MATTER RELATING TO THE APPLICATION.
Exclusions and Limitations. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL UNDER APPLICABLE LAWS (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Legal Notice. If any provision of these Terms of Service is found by a court or arbitration court of competent jurisdiction to be invalid, the parties nevertheless agree that the court or arbitration court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
9. How Can I Send A Notice to MUSIC DOWNLOADER?
Except where these Terms specifically provide for use of a different means or address for notice, any notice to MUSIC DOWNLOADER must be delivered by email to email@example.com. This email address may be updated as part of any update to these Terms of Service.
10. What Do I Do If I Think I Have A Claim Related to the Application?
Let us Know About Your Complaint. We want to know if you have a problem while using the Application, as we want to ensure that you have an excellent experience. If you believe that any content posted on the Application violates or infringes upon any copyright or trademarks held by you, or other property and/or non-property rights of yours, or if you have other concerns or complaints, contact us via email.
Initiating a Formal Claim. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved exclusively by the processes set forth in these Terms. MUSIC DOWNLOADER provides the Application to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against MUSIC DOWNLOADER in any other manner, you shall be in violation of these Terms and you agree that MUSIC DOWNLOADER shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse MUSIC DOWNLOADER for its reasonable costs incurred in defending against such improperly initiated claim. You agree that, prior to initiating any formal proceedings against MUSIC DOWNLOADER; you will send us a notice via email. Upon receipt of the notice, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the notice is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.
Arbitration Agreement. You and MUSIC DOWNLOADER agree that any dispute, controversy or claim arising out of or in connection with the Application, these Terms or any breach, termination or validity of these Terms shall be settled by arbitration under the Vilnius Court of Commercial Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Vilnius, Lithuania. The language to be used in the arbitral proceedings shall be English. The governing law shall be the substantive law of the Republic of Lithuania.
Claims Are Time-Barred. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Application or otherwise under these Terms must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
11. Anything Else?
A couple of final, but important, points. First, these Terms constitute the entire agreement between you and MUSIC DOWNLOADER and govern your use of the Application. These Terms supersede any prior agreements or earlier versions of these Terms between you and MUSIC DOWNLOADER for the use of the Application. If, through accessing or using the Application, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Second, you acknowledge and agree that each affiliate of MUSIC DOWNLOADER shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
Third, MUSIC DOWNLOADER may assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to any Third-Party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of MUSIC DOWNLOADER.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
If you have questions, comments or concerns about these Terms, please contact us:
Gedimino ave. 45-4, Vilnius, Lithuania