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THIS DOCUMENT SERVES AS A SAMPLE OF PREVIOUSLY DRAFTED TERMS OF USE

AND PRIVACY POLICIES. THE NAME OF THE BUSINESS IS KEPT CONFIDENTIAL. THE
REPRODUCTION AND/OR UNAUTHORIZED USE OF THIS SAMPLE IS PUNISHABLE
BY APPLICABLE COPYRIGHT AND CRIMINAL LAW. ALL RIGHTS RESERVED BY
MIGUEL RODRIGUEZ GLAUDEMANS.

Index: Privacy and Cookie Policy - - Pg. 1

Copyright Terms - - Pg. 7

Terms and Conditions of Service - - Pg. 11

JOB DESCRIPTION: US based client in the Music and video streaming


business need Terms of Service and Privacy Policies
drafted. It was recommended he included a Cookie
policy as well.

MUSIC.COMPANY PRIVACY & COOKIE POLICY


STATEMENTS
These statements are made compliant to applicable Law and regulation of
usage, protection and management of personal information. All the
definitions made on the MUSIC.COMPANY Terms of Use shall apply on these
Policies as well.

MUSIC.COMPANY is very respectful and law abiding to applicable information and


data protection laws. Always in an effort to protect the information and data which
you are continually sending to us, either knowingly and unknowingly, we have set
out this Privacy Policy for you to know and agree on. Should you not agree with
these policies, please abstain from using the MUSIC.COMPANY Website and the
App.

This Privacy & Cookie Policy explains what happens to any personal data that you
provide to us, or that we collect from you whilst you visit our Website. You agree and
represent that you are to review this page regularly, for we can make changes to it,
to better fit the services we offer. If you have any questions or need clarification to
any part of these policies, please contact us at [INSERT EMAIL HERE].

1. Gathered Information

We may collect and process the following data about you:

1.1. If you contact us, we may keep a record of that correspondence, and all the
information in it, for administrative purposes.
1.2. Information that you provide by filling in forms on our Website which may or may not
be available to you at the present time.
1.3. Details of your visits to our site including, but not limited to, traffic data, location
data, weblogs, operating system, browser usage and other communication data,
whether this is required for our own billing purposes or otherwise and the resources
that you access.

All data which is processed by us in any way is for performance and administrative
motives of MUSIC.COMPANY, which will strictly obey applicable laws in the Cayman
Islands, the UK and internationally. All data processed does not fall under the
sensitive personal data category.

2. Usage of information

When we use your info or data, it is for the following purposes:

2.1. Remember you when you visit our website and track your browsing patterns by using
cookies.
2.2. Place your anonymous information into audience segments to identify your interests
so that we might serve you better with a incremented variety of our services and
products.
2.3. Ensure any products or services you receive are correctly administered.
2.4. Contact you by email, mail, and telephone or SMS text message to let you know
about any of our products, services or promotions (which, in some cases may be
provided by third parties) but only according to the permissions you give us.
2.5. Contact you by any of the methods above mentioned in order to establish details
about an order you made, confirming, setting dates, and others related to your
order.
2.6. Collate and log numeric internet addresses to improve the website and to monitor
website usage.
2.7. Assess and understand customer feedback and identify usage hotspots.

3. Right To Access/Correct Personal Data

Under applicable laws, you may have the right of access to personal information
held by us and to request correction of the information.
If you have any questions regarding this Privacy Policy or if you wish to access or
correct your Personal Data, you may send your request in writing to the following
addresses:

[INSERT POSTAL ADRESS HERE IF DEEMED NECESSARY]

Or

[INSERT EMAIL HERE].

In accordance with the above mentioned laws, we reserve the right to charge you
a reasonable fee for the processing of any data access or correction request.

4. Cookie Policy

THIS SITE USES COOKIES!

We use "cookies" to store user specific information about you and track your visits to
the Website and dependent sites. It is not rare for nowadays websites to use these
cookies to better identify their users and traffic, or to bring data through a third party
which may analyze the information to better interpret the data which
MUSIC.COMPANY obtains from you.

A "cookie" is a small amount of data that is sent to your browser or computer, or any
device you access the Website on or from, and which is then stored on your
devices hard drive (or elsewhere, depending on your devices settings). A cookie
can be sent to your computer's hard drive only if you access the Websites using a
computer. If you do not deactivate or erase the cookie, each time you use the
same computer to access the Website, our web servers will be notified of your visit to
the Websites and in turn we may have knowledge of your visit and the pattern of
your usage.

Some third party cookies maybe used on this site as well, included, but not limited to
analytics cookies, which do not collect information that identifies you. Instead they
are used to collect data whilst keeping you anonymous, and is merely used to
improve the working of the Website.

Generally, we use cookies to identify and know more about you, the user. This
enables us to:
i) Access your whatever information you have previously sent us, either
through forms, registration, email or any other way of sending us
information or data of yourself, so you do not have to re-enter it.
ii) Gather statistical information about usage by users which are navigating
through our Websites, and the related content pages we control.
iii) Research visiting patterns and help target advertisements based on user
interests
iv) Assist our partners to track user visits to the Website and process orders.
v) Track progress and participation in promotions or other sort of beneficial
offers from the Website.

You can determine whether or how a cookie will be accepted by configuring the
browser which is installed in the computer you are using to access the Website. If you
choose to, you can change those configurations. By setting your preferences in the
browser, you can accept all cookies or you can choose to be notified when a
cookie is sent or you can choose to reject all cookies. If you reject all cookies by
choosing the cookie-disabling function in your browser, you may be required to re-
enter information on all Websites you surf, more often and certain features of these
Websites may be unavailable.

Regarding the Website and the App operated by us, we inform you when you first
enter the website and/or use the application, of our use of cookies, which you may
or may not accept, according to your preference. This Cookie Policy is set out to
inform you on how the cookies are used by us.

Should you need more information about the workings of cookies, please visit
http://www.allaboutcookies.org where there is much information on the subject of
cookies in general.

5. Childrens Privacy and COPPA compliance

MUSIC.COMPANY does not collect information of children below the age of 13


years, and no part of the available Services accessible through the Websites or the
App, are meant or targeted at children under the age of 13. Furthermore, the
registrations and holding of an account for users below the age of 13 is forbidden, as
per our terms of service. If any User or third party becomes aware that
MUSIC.COMPANY has collected information of children below the age of 13, informs
MUSIC.COMPANY that it collected information from a user which is under the age of
13, we encourage you to contact us through the contact form available on the
Website and the App, or sending us a email to SAMPLE@MUSIC.COMPANY.com .

The Children's Online Privacy Protection Act ("COPPA") is a United States of America
Federal Law, which has analogue versions in other jurisdictions, such as the EU and
Asia. MUSIC.COMPANY makes an effort to keep compliant and subject of this law,
as the Services and platform are open internationally. If we become aware that we
have collected such information we shall immediately proceed to erase such
information, unless consent of a legal guardian, tutor or parent of that subject is
given to MUSIC.COMPANY.

6. Security Measures

We employ very reasonable security methods to prevent unauthorized access to the


Website, and to maintain data accuracy as well as to ensure the correct use of the
information we hold.

One must take into account that sadly- no data transmission over the internet or
any wireless network can be guaranteed to be perfectly secure. As a result, while
we commit to doing our best to protect the information we hold for you, we cannot
guarantee the security of any information you transmit to us and you do represent to
us that you do so at your own risk.

7. Changes To This Privacy & Cookie Policy

Any changes to these Policies will be communicated by us posting an amended


and restated version of this document on the Website. Once posted on the Website,
you will consider yourself notified of these changes, and the new Policy Statements
will be effective immediately. You agree that any information we hold about you (as
described in this Privacy and Cooke Policy and whether or not collected prior to or
after the new Privacy Policy became effective) will be governed by the latest
version of the Privacy & Cookie Policy. You continuing usage of this Website will
signify you acceptance of our Privacy & Cookie Policy. Should you not agree to
changes made or to the new version of our Privacy and Cookie Policy, please, do
not use the Website further.
8. Your Feedback

MUSIC.COMPANY welcomes your comments and input regarding our Privacy &
Cookie Policy and any notes on the services we provide to you. You may send us
your comments and responses by post or email addresses provided in the Third
clause of this document.

[Document last changed: Dec, 2015]


MUSIC.COMPANY Copyright Terms
THESE COPYRIGHT TERMS (HEREINAFTER THE TERMS) CONTAIN THE TERMS
AND CONDITIONS OF ANY INFORMATION AND DATA UPLOADED BY USERS TO
THEIR PROFILES, OR SHARED TO OTHER USERS PROFILES, THROUGH THE
PLATFORM AVAIALABLE ON THE WEBSITE AND THE APP. ALL DEFINITIONS OF THE
MUSIC.COMPANY TERMS OF USE APPLY TO THIS DOCUMENT.

1. User Generated Content

User Generated Content (the UGC), as defined in the MUSIC.COMPANY


Terms of Use is all content, information and data which a User uploads to the
platform of MUSIC.COMPANY onto their own profile, or other profiles.
Additionally the UGC may be shared to third party social media websites,
under the Users sole responsibility and liability.

1.1 License to MUSIC.COMPANY.- By posting, uploading, sharing or


sending any UGC to your profile or another Users profile, you grant
MUSIC.COMPANY a world-wide, non-exclusive, royalty-free,
irrevocable license to use, publish, re-use, re-publish, portray,
modify, edit, and distribute such UGC material, in whatever manner
MUSIC.COMPANY sees fit, either online, on Television, movies,
printed or online ads and marketing material, magazines,
newspapers, posters, radio, or in other public manners, as long as
these were lawful. This license applies UGC uploaded through the
App, or through the website.
1.2 License to Users by Users.- You also grant other users to responsibly
share your public UGC shows on your profile. Copying or plagiarizing
content is strictly prohibited, and may be reason for account
suspension or termination. The license to share shall be subject to
these terms, and the terms of the sharing platform, which may be a
third party website.
1.3 Prohibition to users.- Users shall be strictly prohibit to attempt to
copy, plagiarize, pass as their own, induct into confusion, the
authorship of any User Generated Content they do not have
copyright or authorization of. Law enforcement may be involved if
users attempt such activities.
1.4 Legal Compliance.- Users which upload UGC shall be solely
responsible of being legal compliant with any and all laws,
regulations, statutes and acts regarding copyright, intellectual
property, and other applicable normative.

2. Warranty of USERS to MUSIC.COMPANY

Users which upload, post or portray any UGC on the Website or through the
App hereby WARRANT to MUSIC.COMPANY that they:

i. Have the full verifiable right to share, and post such data for public
or private viewing on their profiles, and that they are to respect the
authorship of such material at all times, regardless if the UGC were
text, audio files, video files, photographs, graphic art or images.

ii. Have cleared, to the maximum extent of their knowledge and in


good will, all applicable laws and rights, to perform and portray any
UGC they have or will post on their profiles, or on third party profiles.

iii. Adopt a helpful and collaborative attitude in case such authorship


or copyright is disputed by another User or by a third party;

iv. Will not accuse or take any kind of action or determination against
MUSIC.COMPANY if any User attempts or manages to achieve to
plagiarize, copy, or otherwise make his own your work, and that you
shall hold responsible only the perpetrator of your verifiable rights.

v. Will not accuse or try to make MUSIC.COMPANY liable for any


takedown notice MUSIC.COMPANY may receive against any UGC
you have created, and that you shall point, if required, any
damages to the user or person author of such takedown request.

vi. Will hold MUSIC.COMPANY harmless of any accusations or legal


actions for any UGC they portray, upload or publicly share through
the Website or the App.

3. Indemnification

User shall hold MUSIC.COMPANY indemnified and immune at all times,


against any legal claims or damage request, derived of the posting and
displaying of any UGC and the displaying of such UGC on other third
websites, either by linking or sharing such UGC on such platforms. Users which
share UGC are solely responsible and liable for their UGC, and may be
criminally and legally responsible for any damages arising out of any illegal
use, even if such UGC was used, linked or shared in good faith, or without
knowledge of a possible infraction, even if they were advised of such
possibility.

4. DMCA

The Digital Millennium Copyright Act (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet
infringes their rights in any way under U.S. copyright law. MUSIC.COMPANY
also accepts and reviews any sort of claims of trademark infringement, be
it from a MUSIC.COMPANY User or by any sort third parties, including
entities. If you believe in good faith that materials which are hosted by
MUSIC.COMPANY infringe your copyright or trademark rights, you (or your
agent) may send us a notice requesting that the material be removed, or
access to it blocked. You (or your agent or representative) may send us a
detailed claim through our Contact Page. Alternatively, always pursuant
to the Digital Millennium Copyright Act ("DMCA"), 17 United States Code
512(c)(3), as well as other similar normative applicable in the UK and other
western countries, a notice of alleged copyright infringement can be sent
to MUSIC.COMPANY LLC to the following address to reach an appointed
agent by MUSIC.COMPANY:

MUSIC.COMPANY, LLC.

[DETAILED ADDRESS]

[AGENTS NAME AND ADDRESS] (copyright@MUSIC.COMPANY.com or


something alike)

If MUSIC.COMPANY determines or interprets in good faith that the


materials alleged to infringe your copyright or trademark rights do not
require removal, MUSIC.COMPANY will remove those materials only
pursuant to a court order declaring the content or use of the materials
unlawful.

If any User for MUSIC.COMPANY interprets they have been wrongfully


accused of a trademark or copyright infringement, they may counter
notice the issue.
We suggest that you consult your legal advisor before filing a notice or
counter-notice.
Also, be aware that there can be penalties for false claims under the
DMCA.

Please be sure to visit http://www.dmca.com/ for any information on how


you should proceed further. We will be happy to assist you in any claims,
but we recommend that you should always recur to expert advice in
these events.

For counter-notification the same procedure may apply, pointing out the
suspended link, name address and e-mail address of the entitled of the
counter notice. Also the jurisdiction of the title holder must be stated, and
a statement that in good faith one holds a right over a disputed
copyright, and that the party must have misunderstood or misinterpreted
their right, accompanied by a signature. MUSIC.COMPANY shall
afterwards again notify the other disputing party. After some days, if the
complainant would not answer, the takedown notice would be regarded
as unfounded, and the counter notice entitled may retain his right.

In case the parties do not agree on whatever opinion they may have,
they agree to hold MUSIC.COMPANY harmless of any claims, and VY_BZ
shall only be obliged to keep the information or disputed data
inaccessible; parties may proceed with arbitration, and MUSIC.COMPANY
shall be excused of participation in such proceedings, unless determined
different by a competent authority in the jurisdiction of MUSIC.COMPANY
(and not of the disputing parties).

The disputing parties waive all rights to claim damages from


MUSIC.COMPANY, its shareholders, directors, owners, agents, assignees
and affiliates.

[Document last changed: Dec, 2015]


MUSIC.COMPANY Terms of Use
WELCOME TO THE MUSIC.COMPANY APPLICATION AND WEBSITES! THESE
TERMS AND CONDITIONS OF USE ARE A LEGAL BINDING AGREEMENT BETWEEN
YOU AND MUSIC.COMPANY. PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY IF YOU ARE TO USE, DOWNLOAD AND UPDATE THE
MUSIC.COMPANY MOBILE APPLICATION AND ACCESS OR USE THE WEBSITES
AND THE APP.

1. GENERAL

These Terms of Use (this Agreement) govern your use and installation of the
MUSIC.COMPANY MOBILE APPLICATION, available for download for Android
and iOS (the App), and shall also govern use and access of our website
located at http://www.MUSIC.COMPANY.com (the Website) and are
construed to be a binding contractual agreement between you, the User
of the Website and the App, and MUSIC.COMPANY Inc., a company
incorporated under the laws of the Cayman Islands (hereinafter us, we,
our and/or the Company). For that reason, these Terms are important
and you should ensure that you read them carefully and contact us with any
questions before you access any of the Services available to you through the
Websites and/or the App. If you find that you cannot comply with this
Agreement, or if you disagree with any of the terms and conditions
determined herein, please discontinue your use of our Website and App.

By completing the registration process and using the Services, or by viewing


or browsing the Website or downloading, installing and using the App, you
acknowledge that you have read and understood the content of this
Agreement, and that you agree to be bound by them. You continued
access to the Services provided through the Website and the App, shall be
subject to your compliance with the terms and conditions of this Agreement.

2. DEFINITIONS

The following definitions shall apply to this Agreement as for the Policies and
the Copyright Terms and Contests and Raffle Terms or information, whenever
applicable. Therefore, the parties hereto agree to construe the following
terms as described in this section;

Agreement shall be the term used to refer to the terms and conditions of
these Terms of Use, and may at times also include, without limitation, all
documents which form a part of them, including, but not limited to, the
Copyright Terms and the Privacy and Cookie Policy.

UGC or simply Content shall mean all the User Generated Data, which
includes, without limitation, all data, text, images, software, lyrics, code,
scripts, forum or post comments, audio or video material and other content,
made available to you by MUSIC.COMPANY.

Intellectual Property Rights shall mean all intellectual property related rights,
including, but not limited to, all copyright, patents, trademarks, design rights,
images and logos, trade secrets, domain names, know-how and other rights
of a similar nature, whether registrable or not and whether registered or not,
and any applications for registration or rights to make such an application.

Website shall mean http://ww.MUSIC.COMPANY.com and all its sub-pages


and parent directly deriving websites.

App shall mean to the mobile application, available for download on the
internet, and includes all updates, forms, licenses and permissions.

User shall mean the person who accesses the platform or the Services,
either by accessing it through the Website, or the App, or both. Alternatively,
Users may be You and your, which shall refer to the User.

User Generated Content means any and all data, text, software, images,
audio or video material which a User in any form uploads and sends to the
platform through the Website or the App.

Company, us, we, our MUSIC.COMPANY means MUSIC.COMPANY


Inc., and includes its employees, affiliates, shareholders, owners, directors and
agents, as well as its parent companies and, subsidiaries.

3. SERVICES

MUSIC.COMPANY provides Users, through the access the Website or use of


the App, a unique opportunity to participate, share, upload, get to know,
and promote their own made images, pictures, photographs, audio
interpretations and Video (the User Material), as well as other features
which are common ground in current social media (altogether, the
Services). Users will be allowed to link to their profiles, or to particular
posts, post on other media sites, and have their User Material publicly
acceptable. Opening an account with MUSIC.COMPANY is free, and
premium options may be made available in the future. MUSIC.COMPANY
reserves the right to change, create, innovate, or delete its membership
structure, and the gratuity of the basic membership account is not warranted
by any means.

Services shall be made available and all Users shall have full control over their
UGC, their display, and the deletion of such content.

The provision and accessibility of the services are subject to the compliance
of this Agreement, and all other agreements which govern the use and
access of Users to the Website and the App.

4. USER ACCOUNT AND ELIGIBILITY

To be able to access the Services of the Website and the App, Users must
register for an account. For this purpose they must fill in some of their personal
data and information on a form, available through the Website or through
the Application.

Alternatively, Users may register using their Social Media Accounts, whenever
this option is made available to you; even so, Users may be prompted for
more information the first time they register for an account. Such Social
Media use shall be governed by a set of terms different of the terms of this
Agreement; we recommend that you are familiar with the terms of the Social
Media sites you may employ

All Users shall create password for their accounts; Users shall be solely
responsible for keeping such password safe, and hidden. Users shall be solely
responsible and liable to third parties of all activities originated of their
accounts. If a User suspects account breach, or that the account has been
compromised, regarding of its status, they must immediately inform the
Company of such breach or compromise, and change their password to
regain control, with or without aid. Please note that MUSIC.COMPANY may
take up to 3 (three) business days to respond to any requests or notices.

To be eligible to register and hold an Account you must be above 13 years of


age; if under the age of 13 at the moment of registration you are prohibited
of opening an account, and not eligible to participate on the website. Users
between the age of 13 and 17 may have to report an address, email, and
telephone number of a legal guardian, whenever MUSIC.COMPANY deems
necessary, or if in good faith MUSIC.COMPANY suspects or determines a
possible breach of this Agreement, the policies and/or the Copyright Terms.
Account registration is mandatory to download, install and access the App,
therefore children under the age of 13 are not eligible to use the mobile
application of MUSIC.COMPANY.

5. MOBILE APPLICATION

The terms and conditions of all Agreements and Policies which govern the
access and use of the Website, apply to the Application in the same manner;
additionally, Users understand that the downloading and installation of the
App to their devices, the Company may be disclosed information such as
their ISP, mobile service provider, the model and specification of their chosen
device, and other information.

Although MUSIC.COMPANY makes all effort to keep the App download and
installation harmless to Users, Users agree that the Internet is not a safe place,
and that despite of any security measures the Company may take, it is
possible that fraudulent and malicious users tamper with the normal access
and download of the mobile application. Users agree that MUSIC.COMPANY
shall not be liable for any harm or damages deriving out the download,
installation and use of the Application. Furthermore, MUSIC.COMPANY waives
all liability for downloads made by unknown and unverified sources, and
recommends downloading only of websites and through verified and pre-
approved suppliers, such as GOOGLE PLAY and iSTORE.

6. SOCIAL MEDIA

MUSIC.COMPANY allows users to share their content, and to share on third


party websites such as popular social media websites over which
MUSIC.COMPANY has no control of. All users are responsible of any breach of
terms of such social media websites, or of any possible copyright infringement
which may derive out of sharing activities. Please be a responsible and
respect User regarding other Users or third parties copyright.

7. CONTESTS

Subject to specific applicable terms and conditions, MUSIC.COMPANY may,


from time to time, hold contests which are open to all users. Users must have
an active account to be eligible to participate in the contests. Prizes may
vary substantially from contest to contest. All contests shall have a
determined period for submission or registration, as well as specific rules. To
continue to be eligible and participate in the contest, Users must be
compliant with all applicable Agreements and policies. A suspended or
terminated account shall be construed as the Users forfeit to participate in
such contests.

Contests may require submission of User Material, and the self-promotion


through social media sites. Please consider that even so, the User may still
have a chance to win without sharing content on third party websites, and
such posting and/or sharing is optional, but may or may not increase the
possibilities of Users to win, pendant on the specific rules of such contests.

MUSIC.COMPANY retains all rights to suspend or cancel any contests if


specific milestones are not met, including if there are registered and
participating Users. Users waive all right to ask remedies in case
MUSIC.COMPANY cancels or suspends such contests, and may reuse any
submitted material in other contests.

Other regulation and laws may apply to some contests.

8. ACCESS AND AVAILIBILITY

You acknowledge and agree that although we will use all reasonable efforts
to ensure that the Services are available, temporary interruptions of the
Services available through the Website may occur. We shall not be liable to
any person or entity for loss or damage incurred by such downtimes.
All content and services provided on or through this site are provided "as is"
and "as available" for your use. The content is provided without warranties or
conditions of any kind either express or implied, including but not limited to
implied warranties and conditions of merchantability, fitness for a particular
purpose or non-infringement. Your use of this site is solely at your risk.
We reserve the right to withdraw or amend the Services and Content we
provide on the Website without notice. We may restrict access to some parts
of or the entire Website, from time to time. We may also update the
Application, which may render previous versions of the App useless.

9. DISCLAIMER

This disclaimer of liability applies to any damages or injury caused by any


failure of performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure, theft, or
destruction or unauthorized access or, alteration of or use of record in
connection with the use or operation of the Service, whether for breach of
contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied,


about the completeness, accuracy, reliability, suitability or availability with
respect to the Services or the Content contained on the Website or the App
for any purpose. Any reliance you place on such information is therefore
strictly at your own risk. We disclaim any express or implied warranty
representation or guarantee as to the effectiveness or profitability of the
Services or that the operation of our Website will be uninterrupted or error-
free. We are not liable for the consequences of any interruptions or error in
the Website or the App.

All content provided on or through this Website or by the App, its sub-pages
or parent websites, is in no way whatsoever intended to and shall not be
construed to constitute any sort of professional, medical, legal, tax, copyright
or finance advice. All mentioned content is not to be construed as
recommendation, endorsement or advice regarding any topic, related
directly or indirectly to MUSIC.COMPANY.

10. THIRD PARTY WEBSITES

The Services may link to other websites, services or resources on the Internet,
such as Twitter and Facebook, and other websites, services or resources may
contain links to the Services. These websites are not under our control and are
not maintained by MUSIC.COMPANY. We are not responsible for the content
of those sites. We only provide links to external websites as a convenience,
and the inclusion of such a link to external websites do not imply our
endorsement of those sites. You acknowledge and agree that when you
access other websites on the Internet, you do so at your own risk.

We make no representation about any other website you access through this
one. Please understand other websites are independent from our sites so we
do not accept responsibility for such websites.

11. APPROPRIATE USAGE AND RESPONSIBILITIES

Users agree to be compliant at all times with any local and international
regulations, laws and statutes, including those from the jurisdiction
determined in this Agreement.
All Users are responsible for supplying MUSIC.COMPANY with accurate data
at all times and modifying any User information immediately when changes
occur, the quality of data entered by the User, and validity of data entered
by the User, including the source of the data.

No User shall use the Website for any fraudulent or inappropriate purposes
and agree not to promote the unauthorized use of a third party or to
encourage the unauthorized use of a third party to use any portion of the
Website to transmit or upload any content that is against the law, abusive,
unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise
distasteful as reasonably interpreted by MUSIC.COMPANY.

Users agree not to resell, reproduce or take advantage of any part of our
Website by robot, spider, other automated device, or manually to monitor or
duplicate any content without our expressed written
permission. MUSIC.COMPANY reserves the right to seek all remedies available
by law and in equity for violation of these Terms. We reserve the right to
investigate complaints or reported violations of these Terms and to take any
action deemed necessary, appropriate, and lawful; including, but not limited
to information relating to e-mail addresses, usage history, posted materials, IP
addresses and traffic information.

All Users agree not to conduct the following:

I. sell, resell, rent or lease any content, marks, or services within the
Website;
II. store, transmit infringing, libellous, unlawful, indirect material, or in
violation of third-party privacy rights data;

III. store or transmit Malicious Codes;

IV. interfere with the performance of the Website, services or any third-
party data by any means or ways to such purpose; or

V. try to gain unauthorized access to the Website, User accounts


unauthorized to access, services or any related systems.

12. SPECIFIC PROHIBITIONS

No harassment, discrimination, or abuse is tolerated by


MUSIC.COMPANY. Any abuse complaints will be thoroughly investigated and
may be reported to the individual Users local authorities, and charges may
be brought against that User both civilly and
criminally. MUSIC.COMPANY cooperates fully with law enforcement and will
provide any and all records requested within the law or by court
order. Furthermore, if any of the above is conducted while using contact
information obtained within the Website or the App, we hold the right to
restrict any User from access to our Website at any given time for such
breach of Terms.

Additionally, Users of this Website, agree not to:

I. Engage in any type of activity that negatively affects the purpose or


intention of the Website, including, but not limited to, actually or
attempting to manipulate, corrupt or otherwise affect the outcome of
the services, in whole or in part, by, among other methods mentioned
or not mentioned, subscribing another person or party without their
authorization or registering multiple subscriptions under the same or
different names; these activities include:
II. Upload, post, publish, comment, e-mail, reproduce, distribute or
otherwise transmit any information that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libellous, deceptive, fraudulent, or explicit or unnecessarily graphic
descriptions of accounts of and situations pertaining to sexual acts.
III. Upload, post, publish, comment, e-mail, reproduce, distribute or
otherwise transmit any content that victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability or harm
minors in any way.
IV. Upload, post, publish, comment, e-mail, reproduce, distribute, or
otherwise transmit any content that User does not have a right to
transmit under any law or under contractual or fiduciary
relationships. This includes any inside information or proprietary or
confidential information.
V. Upload, post, publish, comment, e-mail, reproduce, distribute, or
otherwise transmit any content that infringes upon any patent,
trademark, trade secret, copyright or other proprietary rights of any
party; nor any unauthorized advertising or promotional materials. This
includes junk mail, spam, chain letters or any other form of solicitation.
VI. Upload, post, publish, comment, e-mail, reproduce, distribute, or
otherwise transmit any material that contains software viruses, Trojan
horses, worms, or any other computer code, files or programs,
designed to maliciously, whether intended to or not, interrupt, destroy,
or limit the functionality of any computer software or hardware or
telecommunications equipment.
VII. Impersonate any person or entity, falsely state or otherwise
misrepresent User affiliation with a person or entity.
VIII. Forge or manipulate packet headers in order to disguise the origin of
any content transmitted to or through this Website.
IX. Intentionally or unintentionally violate any applicable local, state,
national or international law or statute.
X. User will not harvest, collect or store information about the Users of this
Website. The App or the content posted by others on this Website or
use such information for any purpose inconsistent with the purpose of
this Website or for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic mail or communications.
XI. MUSIC.COMPANY is not responsible for material submitted or posted by
a User. MUSIC.COMPANY is not responsible for any failure, non-failure
or delay in removing such content. Users acknowledge and agree the
content viewed, submitted or posted is at their own discretion and risk
and the views expressed do not reflect the views of MUSIC.COMPANY
or its staff. MUSIC.COMPANY does not support or endorse contributed
content, whether or not it has been edited by MUSIC.COMPANY and
we have the right, at our sole discretion, to refuse, reject, deny or
remove any content, in whole or in part, that does not comply with
these Terms or any other policy we have posted or otherwise is
undesirable, inappropriate or inaccurate. Users will remain responsible
for the accuracy, copyright compliance, legality, decency, or any
other aspect of such submitted material, including any contribution we
make. This is set forth more specifically on our User Generated Content
Terms.

13. DATA PROTECTION

MUSIC.COMPANY shall maintain reasonable administrative, physical, and


technical safeguard methods for protection of the security, confidentiality
and integrity of all User Data. MUSIC.COMPANY will not modify, disclose
(except as compelled by law or ordered by competent authority), or access
User data except to prevent technical problems, or at a Users request in
connection with support concerns.

14. INTELLECTUAL PROPERTY

Nothing in these Terms constitutes a transfer of any Intellectual Property rights


from MUSIC.COMPANY to you.
We own and retain all proprietary rights to the Website and the App, as well
as the rights of the Services provided through the Website and App, and all
associated Intellectual Property rights, in strict compatibility with our
Copyright Terms. You are permitted to use the Services only as authorised by
us. As a User, you are granted a limited, non-exclusive, revocable, non-
transferable right to use the Website, App and Services to create, display,
use, play, and download Content or User Generated Content subject to
these Terms.

Our Intellectual Property must not be used in connection with a product or


service that is not affiliated with us or in any way brings us in disrepute.

You are forbidden to alter or to modify the physical or digital copies of any
Content you print off or download in any way, and you must not use any
illustrations, photographs, video or audio, or any graphics separately from
any accompanying text.

15. COPYRIGHT TERMS

Copyright terms are applied to all User Generated Content of Users posted
on the Website. Please consult the COPYRIGHT TERMS document which
constitutes a separate document of this Agreement, for more information
regarding takedown notices, DMCA compliance, and the warrant of users of
the copyright to any UGC they post or upload to their profiles or to third party
profiles. IT IS FORBIDDEN AND SUBJECT OF ACCOUNT CLOSURE TO UPLOAD OR
SEND OR OTHERWISE SHOW ON YOUR PROFILE OR POST TO THIRD PARTY
PROFILES AND USER MATERIAL WHICH IS NOT PROPERTY OF THE USER, OR TO
WHICH THAT USER HAS VERIFIABLE LEGAL RIGHTS TO. COVERS OF OTHER
SONGS ARE NOT PERMITTED UNLESS WRITTEN AUTHORIZATION OR LICENSE HAS
BEEN EXTENDED TO THE UPLOADING USER.

16. LIMITATION OF LIABILITY AND INDEMNITY

You agree that we shall not be liable for any damages suffered as a result of
using, copying, distributing, or downloading Content from the Website or the
APP.

In no event shall we be liable for any indirect, punitive, special, incidental or


consequential damage (including loss of business, revenue, profits, use,
privacy, data, goodwill or other economic advantage) however it arises,
whether for breach of contract or in tort, even if it has been previously
advised of the possibility of such damage.

Any opinions, advice, statements, services, offers, or other information or User


Generated Content expressed or made available by Users or third parties,
are those of the respective author(s) or distributor(s) and not
of MUSIC.COMPANY. We do not endorse any of the Users and/or their
opinions or any of their User Generated Data, and expressly disclaim any and
all liability in connection with them. We do not pre-screen or monitor User
Generated Content. In no event shall we be liable for any claims by a third
party pursuant to any consumer and competition law, including, but not
limited, to any misleading statements made and/or incorporated into any
User Generated Content. It is your sole responsibility to ensure the accuracy
of the data inputted and any other User Generated Content.

Users are solely responsible for adequate security protection and backup of
data and/or equipment used in connection with your usage of the Website,
App and Services and will not make a claim against for lost data, re-run time,
inaccurate instruction, work delays or lost profits resulting from the use of the
Website, App and Services.

Under no circumstance shall MUSIC.COMPANY be liable to you for non-


performance, interruptions, unavailability or inaccessibility of the Websites.
MUSIC.COMPANY makes no warranties regarding the provision of the
services, or the uptime of the Website, or functionality of the App.
Additionally, MUSIC.COMPANY shall not be liable to Users or third parties for
their inability to use the Websites or the App.

Without limiting the foregoing, in no event will our aggregate liability to you
exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of the Website, you agree to
indemnify MUSIC.COMPANY and its successors and assigns for all damages,
costs, expenses and other liabilities, including but not limited to reasonable
legal fees and expenses, relating to any claim arising out of or related to:

I. Your access to and use of the Website, App and the Content
portrayed thereon; and
II. Your violation of these Terms and any applicable law or the rights of
another person or party.

17. TERMINATION
You agree that we may, at any time and at our sole discretion, with or
without cause or any notice to you, terminate these Terms, your access to the
Website, the App and/or your registration, or suspend or block your access to
the Website, App and Services, or suspend or terminate your account.

We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by us
in connection therewith.

If applicable law requires us to provide notice of termination or cancellation,


we may give prior or subsequent notice by posting it on the Website or by
sending a communication to any address (email or otherwise) that you have
submitted when registering for an account.

18. NOTICE

By accessing or simple use of the Website or the App, you accept that
communication with MUSIC.COMPANY shall be mainly electronic. We will
contact you by email provided by you during registration, or provide you with
information by posting notices on the Website.

Notice will be deemed received and properly served immediately when


posted on the Website, 24 (twenty four) hours after an email is sent. Users are
responsible to keep MUSIC.COMPANY informed of any electronic mail
address change.

Users can communicate or make inquiries to MUSIC.COMPANY through the


contact form, or through this Address:

SAMPLE@MUSIC.COMPANY.COM

19. NO WAIVER

If for any reason, including but not limited to Force Majeure, we fail to insist
upon strict performance of your obligations under these Terms, or if we fail to
exercise any of the rights and remedies we are entitled to under this
Agreement, this will not constitute a waiver of such rights or remedies and it
will not relieve you from compliance with your obligations.

If we waive a default, it does not constitute a waiver of any subsequent


defaults.
No waiver is effective unless it is expressly stated by us to be a waiver and is
communicated to you in writing.

20. FORCE MAJEURE

MUSIC.COMPANY shall have no liability to any Users or third parties regarding


of anything that, if not for this provision, would or might constitute a breach of
this Agreement, whenever such breach this arises out of circumstances
beyond our control, including but not limited to i) Acts of god; ii)Natural
disasters iii) Sabotage; iv)Accident; v) Riot; vi) Unforeseeable shortage of
supplies, equipment, or materials; vii) Strikes and lockouts; viii) Civil unrest; ix)
Computer hacking; or x) Malicious damage.

21. SEVERABILITY

If any court decides that any of the provisions of these Terms are invalid,
unlawful or unenforceable to any extent, that term will, to that extent only, be
severed from the remaining terms. The rest of these Terms will continue to be
valid.

22. ENTIRE AGREEMENT

This Agreement, and the documents expressly referred to in them, constitute


the entire Agreement between you and MUSIC.COMPANY, and supersede all
previous discussions, correspondence, negotiations, previous arrangements,
understanding or agreement between us relating to the Services.

We each acknowledge that, in entering into these Terms, neither of us relies


on, and subsequently will have any remedies for, any representation or
warranty that is not set out in these Terms.

23. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the CAYMAN ISLANDS applicable
law and rules regardless of your physical location. Any dispute or difference
whatsoever arising out of or in connection with this Agreement shall be
submitted to Arbitration in accordance with, and subject to the arbitration
law of 2012, unless replaced with other applicable UK arbitration laws. Any
officially and competent authority instated to act as an arbitrator according
to Cayman Island Law shall have full attributions to know any disputes
between the participating parties.
24. ASSIGNMENT

Users agree that MUSIC.COMPANY may assign or sublicense any of our rights
or obligations under these terms and conditions at any time, without
obtaining your consent. Users are forbidden to assign any rights obligations or
liabilities onto third parties, without written approval from MUSIC.COMPANY.

25. UPDATES TO THESE TERMS

We reserve the right, in our discretion, to correct any errors or omissions in any
part of the App or the Websites, without noticing you; this includes the terms
and conditions from this Agreement. We may restrict access to parts or the
entire Website and the App at any time, including, but not limited to,
Content, certain features and Services, hours of availability, and equipment
needed for access or use, without notice or liability.

Any material on the Website and App may be out of date at any given time
and we are under no obligation to update such material.

We reserve the right, in our sole discretion, to change, modify, add or remove
any part of this Agreement, the Policies or the Copyright Terms, in whole or in
part, at any time. Notification of the changes to these Terms will be posted on
the Website and accessible through the App, and shall be effective
immediately, unless expressed otherwise.

You agree to be solely responsible of visiting this section of the


MUSIC.COMPANY website regularly. If you do not agree with any of the
changes to this Agreement, it is your sole responsibility to unsubscribe and
close your MUSIC.COMPANY account. Your continued use of the Website
and App will be deemed as your acceptance of any changes.

[Document last changed: Dec, 2015]

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