Terms and conditions of use
Akazoo is committed to providing an excellent user experience. In order to provide this website and our digital services to you, you agree to be legally bound by the following terms and conditions.
ACCESSING AKAZOO SERVICES
1.1 Acceptance. Your access, purchase, acquisition, upload, and/or storage of any product from Akazoo.com (including but not limited to: www.akazoo.com its local versions and any other service powered by Akazoo for third parties) via web, personal computer, mobile device, connected device, Application Programming Interface (“API”) or otherwise (collectively “the Services”) is expressly conditioned on your compliance with and acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions your only remedy is to cease accessing or using the Services.
1.2 Additional Applicable Terms. Services operated for third parties by Akazoo may also have additional terms to which you will be bound. It is your responsibility to read and understand any terms and conditions that apply to your use of websites and services.
1.3 Right to Amend Terms. Akazoo reserves the right, in its sole discretion, to change, modify, add or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Services. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Services after any such changes constitutes your acceptance of the new terms and conditions.
2.1 Services. The Services provide digital media download, upload, streaming and storage services designed to enable you to purchase, upload, store and play legally acquired digital media. The services are for your own personal and non-commercial use and you are not authorized to make copies of any downloads or streams other than for personal use, or to otherwise distribute copyright protected digital media. Akazoo may at any time limit the number of devices that you may access the Services from simultaneously. You assume all risk arising from your use of the Services. Akazoo may discontinue any aspect of the Services in its sole discretion without notice to you.
2.2 Personal Use Only. The Services are for personal use by individual end users only and may not be accessed, used, re-sold, or licensed for commercial gain. The Akazoo Products & Services department can be contacted at firstname.lastname@example.org or http://www.akazoo.com/site/documents/partner
2.3 Links. The Services may contain links to third party websites or services. By entering the service, you acknowledge and agree that Akazoo is not responsible or liable for: (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services. Links to such websites or services do not imply any endorsement by Akazoo of such websites or services or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.
3 OBJECTIONABLE MATERIAL
3.1 Objectionable Material. We do our best to prevent the appearance on the website of content that may be deemed offensive, indecent or objectionable or remove it once it has been uploaded. Nevertheless, you agree to use the Service at your sole risk and Akazoo will not be liable to you for content that may be found to be offensive, indecent, or objectionable. Akazoo does not guarantee the accuracy of any descriptions provided on its Services.
4 CHILD SUPERVISION
4.1 Accessing the Services. Akazoo is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Services should supervise such access and use. It is your responsibility to determine which if any portions of the Services are suitable for your child to access.
5. USER ACCOUNT, PASSWORD AND SECURITY
5.1 Password Security. If a particular Service requires you to open an account you will complete a registration process by providing certain information and registering a username and password (“Credentials”) for use with that Service. You are responsible for maintenance the confidentiality of your Credentials. You are not authorized to share your Credentials with any other person. You may have a credit card or other payment method stored with Akazoo and if your Credentials are used by a third party (whether or not authorized) the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your Credentials. Akazoo advises you to change your password frequently and to always keep it secure.
5.2 Unauthorized Access. You agree to immediately notify us of any unauthorized use of your Credentials or any other breach of security. In no event will Akazoo be liable for any indirect or consequential loss or damage resulting from the disclosure of your Credentials. If you believe someone has accessed any Service using your Credentials without your authorization, it is your responsibility to set up a new password or contact the Akazoo through the Help link.
6 USAGE RULES
6.1 Use of Content. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the copyright ownership, accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Akazoo will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 Content Rights Management. By registering to the service, you agree to fully comply with Content Usage Rules, as further outlined below. You agree not to attempt to, or assist another person to, circumvent any Content Usage Rules for any reason whatsoever.
6.3 Previews. A “Preview” is a portion of piece of media content, or in some cases, an entire piece of content that you can play (and, if applicable, view) directly from on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
6.4 Content Usage Rules.
(i) You are authorized to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(iii) You may not use Content as a musical “ringer” in connection with mobile phone calls.
(iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
(v) The delivery of Content does not transfer to you any commercial or promotional use rights in same. You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. Akazoo reserves the right to modify the Usage Rules at any time.
6.5 Personal Cloud Storage.
(i) You may have access, via the Music Library section of the Website, a mobile application or otherwise, to a personal storage area for legally acquired digital media (“Library”), the content of which is your sole responsibility and may be held on third party cloud servers and infrastructure not controlled by Akazoo in geographically dispersed locations.
(ii) Purchases from the Services will be delivered to the Library. You may be allowed to copy such purchases and upload tracks to and from your hard drive into your Library in the cloud which will function as a remote hard drive for access at a later date but for which Akazoo has no obligation to maintain access to. You acknowledge and agree that you should not rely on Akazoo or the Services for any reason. It is your responsibility to back up and store any files delivered by Akazoo or uploaded by you to your Library. You agree to assume all risk for loss of content in your Library.
(iii) You are reminded that all material uploaded to the Library should be legally acquired digital content or content that you own the copyrights for. You are responsible for ensuring the legitimate origin of all contents of the Library and you must comply with any applicable copyright laws.
(iv) Akazoo may be required by Licensors to share aggregated, anonymous Library usage information with its content licensors and you consent to Akazoo sharing such usage information.
(v) Akazoo may, in its sole and absolute discretion, set a streaming, and or bandwidth implementation or other usage limitation on your usage of the Library (Fair Use Policy).
(vi) You will obtain and maintain any and all necessary licences and permissions in connection with your use of the Library. Akazoo may terminate your access to the Library at any time without notice and without liability to you.
6.6 Use of the Services. By registering on the Akazoo service, you agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses, log-in details or other credentials;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services; (xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.
6.7 Monitoring. Although Akazoo bears no obligation to monitor the Services, it is entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
7.1 Termination. Akazoo has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. You agree that Akazoo shall not be liable to you or any third party for any termination of your access to the Services.
8.1 Equipment. Although we work hard to provide access from most devices available -without limiting any provision herein- Akazoo makes no warranty that any particular computer, portable device, or other hardware will be compatible with Akazoo Services. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.
9 REFUND POLICY
9.1 All Sales are Final. All sales are final and all charges from those sales are non-refundable. Due to the nature of the Services you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management, without this being a standard practice of obligatory conformance.
10 MUSIC QUALITY
10.1 Downloads. Akazoo’s standard offered format is MP3 for downloads and come to the best possible quality available. We are constantly trying to improve the quality of our repertoire and services, so that you enjoy the best possible quality available. Should you not find yourself happy with the quality of the downloaded content there is no return or refund.
10.2 Streaming. Streaming quality may vary based on the type of content (preview or final), geographic restrictions, network deficiencies and the available content itself. We implement the latest content management methods to provide the best possible quality of streaming. There is no designated or guaranteed service quality and the service is offered as is with no return or refund policy.
11 INTERNATIONAL USE
11.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
11.2 Content may be restricted by territory of Akazoo access, as determined by your IP address. You agree not to circumvent any territorial restrictions in place on the Services or use any methods altering or prevaricating your IP adress when accessing the Services.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 Intellectual Property. The Services and the content associated (including without limitation the design, text, graphics and all software and source codes connected with the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
12.2 Posted Material. Akazoo does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting Akazoo a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
13.1 You agree to indemnify and hold Akazoo harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Akazoo by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Akazoo in consequence of your breach of these terms and conditions.
14 DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 Use of the Services is at your own risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
14.2 To the extent permitted by law, Akazoo will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
14.3 Akazoo makes no warranty that the Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
14.4 Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of Akazoo for death or personal injury as a result of the negligence of Akazoo.
14.5 Nothing in these terms and conditions shall affect your statutory rights as a consumer.
16.1 If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
17 GOVERNING LAW
18.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.