In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
You acknowledge that the Services include certain elements which allow MelodList.com proprietary software to be downloaded to your computer which interacts with other computer programs (including iTunes), the MelodList.com computer servers and your iPod or other permitted devices.
Provided that you:
MelodList.com alone shall be responsible for determining, in its discretion, whether any use of the MelodList.com widget constitutes commercial use in each case.
We provide the MelodList.com widget to enable our users to share MelodList.com with their friends. It is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to include the MelodList.com widget in your website, or if you would like to use the widget for commercial purposes, please contact us by emailing info@MelodList.com.
MelodList.com reserves the right to remove links or block the MelodList.com widget at any time and for any reason in its absolute discretion.
You will not use the Properties to:
You represent, warrant and agree that you will comply with the above acceptable use requirements. MelodList.com reserves the right, in its sole discretion, to terminate any user’s account or take such other action as MelodList.com sees fit in relation to any user who breaches MelodList.com’s acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, MelodList.com reserves the right to take court action and/or report users to the relevant authorities. MelodList.com believes in building a caring community based around sharing music and will not tolerate antisocial or unlawful behaviour on the Website or in connection with any of the other Properties.
If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.
You may be able to purchase a subscription for certain additional features of the Website and Services. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to MelodList.com. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
MelodList.com may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the Website, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
Any software that we make available for download or use from the Website and/or our servers (the "Software") is the intellectual property of MelodList.com or its licensors or suppliers. Any such -Y΄Software‘ shall be considered a ΄Service‘ or one of the ΄Properties‘ as such terms are defined and used herein. Your use of the Software may be governed by the terms of an end user licence agreement that may accompany or that may be included with the Software (the "Licence Agreement"). Please carefully read any Licence Agreement and Paragraph 7 above to determine the full extent of the terms and conditions governing the use of such Software.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, redistribution or other exploitation is expressly prohibited, unless such use, reproduction, redistribution or exploitation is expressly permitted by the licence agreement applicable to such software.
At MelodList.com, we aim to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the MelodList.com Website in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice (΄Notice‘) which should include the following written information:
MelodList.com's agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to MelodList.com.
Please note that any video content made available on or through the Website which contains or displays the YouTube logo or which is provided via the YouTube player is provided to you by YouTube and from YouTube’s servers, and MelodList.com thus does not have the ability to permanently remove all or any such content from YouTube’s servers. Therefore, if you have a complaint concerning any video content made available on the Website that is provided by YouTube, you should contact YouTube directly in accordance with copyright policies at: http://www.youtube.com/t/terms. If you believe that your work is available on the Website via the YouTube player in a way that constitutes copyright infringement, please: (i) contact YouTube directly in accordance with copyright policies at: http://www.youtube.com/t/terms and (i) contact MelodList.com by sending us a notice in accordance with the provisions of this Section 10.
The Properties contain Content and information that is provided for your convenience and enjoyment. Third parties provide some of the Content and information. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Website or in the documents and policies of third parties. MelodList.com makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos or other content, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. MelodList.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication.
From time to time, the Properties may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the Website ("Your Upload Information"). For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas ("User Forums"). MelodList.com, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. MelodList.com reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. MelodList.com reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not MelodList.com, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. MelodList.com actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. If you post personal information in User Forums or on other publicly available areas of the Website, then you may receive unsolicited messages from third parties. MelodList.com cannot ensure the security of any information you post in User Forums or on publicly available areas of the Website. Under no circumstances will MelodList.com be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.
You acknowledge that the Web Site, through MelodList.com, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since MelodList.com, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in Your Upload Information.
The properties, including, without limitation, all content, software, and functions made available on or accessed through or sent from the website, are provided "as is," "as available, " and "with all faults." to the fullest extent permissible by law, MelodList.com and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the properties; (b) the content and software on and provided through the properties; (c) the functions made accessible on or accessed through the properties; (d) the messages, content and information sent from or through the properties by users; (e) any products or services offered via the website or hypertext links to third parties; and/or (f) the treatment of any information, content, material or data transmitted by users to the properties; (g) security associated with the transmission of sensitive information through the properties or any linked site. MelodList.com does not warrant that the properties, any of the properties' functions or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the properties or the servers that make them available are free of viruses or other harmful components.
MelodList.com does not warrant that your activities in connection with or use of the properties is lawful in any particular jurisdiction and, in any event, MelodList.com specifically disclaims such warranties to the fullest extent permitted by law. you understand that by using any of the features of the properties, you act at your own risk, and you represent and warrant that your access and activities are lawful in every jurisdiction where you access or use the website, the services or the content. further, MelodList.com and its subsidiaries and affiliates disclaim, to the fullest extent permitted by law, any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, and title.
MelodList.com, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them shall not be liable in any event for the use of the website or other properties, including, without limitation, the content and any errors contained therein. where any jurisdictions limit or do not allow the disclaimer of implied or other warranties as set out above, the disclaimer may not apply to the extent the law of such jurisdiction is applicable to this agreement.
You agree that your use of the properties is entirely at your own risk.
The MelodList.com entities and individuals are not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Your access to and use of this the properties is at your risk. if you are dissatisfied with the properties or any of the content, your sole and exclusive remedy is to discontinue accessing and using the properties or the content.
You recognise and confirm that in the event you incur any damages, losses or injuries that arise out of MelodList.com's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, television show, motion picture or other audio/visual content owned or controlled by MelodList.com and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any MelodList.com web site, services, properties, product, program, music, television show, motion picture or other audio/visual content or your upload information or any and all activities or actions related thereto.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your transmission or use of any software or data.