TERMS OF USE

Ownership of Site; Acceptance of Terms
These Terms and Conditions of Use (the “Terms of Use“) apply to the Mood Media Web site located at moodmedia.com, and all associated subdomains related to moodmedia.com (collectively, the “Site“). The Site is owned, jointly operated and controlled by Mood Media Corporation / Mood Media Group, its subsidiaries and affiliates around the globe (collectively, “Mood Media” or the “Company”; referred to also as “we” or “us”). Mood Media’s subsidiaries and affiliates are listed in the “Mood Media Entities” section at the end of the Site’s Privacy Policy.

Mood Media provides this Site, including all information, tools and services available from this Site (collectively referred to as “Services”), to you (the “User”, referred to also as the “Site Visitor”), conditioned upon your acceptance and observance of all the terms, conditions, policies and notices stated or referred to herein, which constitute a single contractual instrument. By using the Site, you are agreeing to be contractually bound by the Terms of Use as they are stated at the time of your use of the Site. By accessing and using the Site, you represent and warrant that you have the age of valid consent under applicable law.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Mood Media expressly reserves the right to modify the Terms of Use at any time at its sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. If you continue to use the Site after the posting of such modified Terms of Use, it shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, please discontinue your access to or use of the Site.

Our data privacy practices
For comprehensive information on how Mood Media collects, processes and uses your personal information, please refer to the Site’s Privacy Policy. You understand that through your use of the Site and Services you agree to the collection and use of the information you provide to us, including the processing of your personal data under the terms of the Site’s Privacy Policy and of our Cookie Policy.

Accuracy and Completeness of Information
While we are doing our best to keep the data on this Site accurate and up-to-date, such information is provided with no liability to us, as general information to the Site Visitors only. It should not be relied upon or used as basis for making decisions without corroborating the information provided on this Site with official sources of information. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site if that is of interest to you.

Neither the Company nor its affiliates, subsidiaries and suppliers are liable for any inaccurate information contained in or derived from the Site. Information contained in or derived from the Site is not to be relied on or utilized by the Users for taking business or personal decision; therefore, it should not be construed as a source of financial, tax, legal, accounting, economic, business or other professional advice. In particular, without limitation, the information contained in or derived from the Site regarding usage of music or media is not to be used to calculate or challenge royalty payments paid or to be paid from Company to you or any third-party.

Site Content
The Site contains copyrighted material, trademarks and other proprietary material and information (collectively, “Content”, “Material”), including, but not limited to text, images, graphics, video, logos, icons, software, interfaces, music and/or sound that is protected by copyright, trademark and other applicable laws. The Material (which is listed below by categories, as an example) is owned by or licensed to the Company or its affiliates or suppliers or is the property of its respective owner. Unauthorized use of the Material may violate copyright, trademark and other laws.

(a) Mood Media Content: The information and Materials on this Site, including, without limitation, the Site’s visuals, texts, design, interface, audio, music, videos, photos, graphic, interactive features, white papers, press releases, product descriptions, software code, scripts, data and other content available on or which is the base of the Site, excluding Third Party Content, are the copyrighted works of Mood Media, and Mood Media expressly retains all right title and interest in and to the Mood Media Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the Mood Media Content shall breach these Terms of Use and may violate copyright and/or other applicable laws.

(b) Third Party Content: In addition to Mood Media Content, the Site may contain elements provided to Mood Media by third parties or posted on the Site by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional Terms of Use and/or privacy policies of such third parties which the User must abide by. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

(c) Limited Site Content License: Mood Media grants you the limited, revocable, non-transferable, non-exclusive right to use the Mood Media Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer from the Site containing Site Content, including all necessary related operations, under the conditions that: (i) such activity is solely for your personal or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format. No other use of the Site Content is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark, copyright or other right over any intellectual property right of Mood Media or any third party.

(d) Trademarks: Mood Media logo and all Mood Media product names are trademarks and services marks of Mood Media (collectively “Mood Media Trademarks”). Third-party logos and product names are trademarks and service marks of third parties (collectively “Third Party Trademarks”). Nothing in these Terms of Use shall be construed as granting any license or right to use the Mood Media Trademarks or Third Party Trademarks without Mood Media’s prior written consent or, as the case may be, the consent of the relevant holder of Third Party’s Trademarks.

(e) Monitoring of Site and Site Content: Mood Media reserves the right, but does not undertake the obligation to monitor use of the Site or any Site Content, and to investigate and take appropriate legal action against any party that uses the Site or any Site Content in violation of these Terms of Use, or applicable law, including by restricting or forbidding access to the users who do not comply with these Terms of Use. Mood Media reserves the right to accept, reject or modify any Site Content, but assumes no liability to accept, reject, modify or for failure to modify any Site Content.

(f) Copyright Infringement: As a condition of your right to use and access the Site and any Site Content, you agree to respect the intellectual property rights of Mood Media and of others. Mood Media reserves all rights to seek damages and fees associated with any infringement thereof and/or fraud.

Your Use of the Site
(a) Use of Site: You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only in accordance with these Terms of Use, namely to display the Site Content on your computer, including all necessary related operations, as differentiated above. This license is not a sale of any of the Company’s rights. You may access and use the Site and all Site Content only for lawful purposes and only in accordance with these Terms of Use and any applicable laws. You acknowledge that you have read, understand and agree to Mood Media’s Privacy Policy which constitutes an integral part of these Terms of Use. You may access and display on your computer the Material contained on the Site for your personal and other non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Material you access. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from any Material, information, software, products or services obtained from the Site, is expressly prohibited. If you violate any of these Terms of Use, your license to use this Site automatically terminates and you must immediately cease using the Material. Mood Media or its licensors or content providers retain full and complete title to the Material provided on the Site, including all associated intellectual property rights, and provide this Material to you under a license that is revocable at any time at Mood Media’s sole discretion. Mood Media neither warrants nor represents that your use of Materials on this Site will not infringe rights of third parties not affiliated with Mood Media.

(b) Eligibility: As an express condition of being permitted to access and use the Site and any Site Content, you represent and warrant that you (i) have the legal capacity (including, without limitation, having the legal age of valid consent) to enter into contracts under the law of the jurisdiction applicable to you, (ii) through your use of the Site you consent to the collection and use (as set forth in the Site’s Privacy Policy) of the information you provide to us, including the transfer of such information to Mood Media entities, its affiliates and subsidiaries outside the EEA, as listed in the “Mood Media Entities” section at the end of the Privacy Policy.

(c) Prohibited Conduct: You agree NOT to access or use the Site or any Site Content as follows:
(i) in violation or attempted violation of the Terms of Use;
(ii) by using the Site from territories where it is illegal to do so. Use of the Site from such territories is done at your own risk, and you are solely responsible for compliance with all local laws and regulations, including restrictions and controls on the importation of computer software or data, as well as all export control laws and regulations. Using of the Site in contravention of any applicable law or regulation is strictly prohibited;
(iii) to violate or attempt to violate the security of the Site or Mood Media’s system or network security in any way. Violations of the Site’s system or network security may result in civil or criminal liability;
(iv) to use the Site in any way the affects the continuity or the quality of the Service;
(v) for the distribution of any material which contains or may contain any type of malicious element such as viruses, trojans, spyware, etc., or other of the same which may interrupt, destroy or limit the functionality of any IT equipment, system or communication equipment; or
(vi) by breaching the rights of Mood Media, of third-parties, or the applicable law.

The Company may investigate occurrences that it believes involve such violations and involve and cooperate with law enforcement authorities in prosecuting Users of the Site who are involved in such violations. In the event that you inadvertently obtain access to information belonging to or intended for a third party through the Site, you agree not produce any physical copy of such information, to delete such information and immediately inform the Company of such inadvertent access, including the circumstances leading to and surrounding such access.

(d) Your Indemnification Obligations: You hereby irrevocably agree to indemnify, defend and hold Mood Media, its affiliates, subsidiaries, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to (i) any third party claim resulting from a breach by you of any of your covenants, representations or warranties contained in these Terms of Use, (ii) your misuse of the Site or any Site Content.

(e) Aggregated Data: Notwithstanding anything to the contrary set forth herein or otherwise, Mood Media will have the right to collect and analyze data and other information relating to the provision, use or performance of the Site and related systems and technologies, and to aggregate such data and information, in accordance with our Cookie Policy.

Disclaimers and Limitations of Liability
You understand and agree that the Site and the Material are provided on an “as is” and “as available” basis without any warranties of any kind. Without limiting the foregoing, to the maximum extent permitted under applicable law, Mood Media and its suppliers disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. Mood Media makes no warranty or representation and disclaims all responsibility and liability for and about: (i) the accuracy, reliability, completeness or timeliness of the data on the Site, including the Material, or of the services, software, text, graphics or links contained within the Site; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any content; (iii) whether the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (iv) that the Site will be available at any particular time or location, and (v) that any defects or errors contained on the Site will be corrected.

Your use of this Site may expose you to risks associated with the use of any internet website. While we make reasonable efforts to keep the Site secure and available, it is the User’s responsibility to take the necessary precautionary measures.

You are encouraged to back up your data regularly and to adequately protect your system through at least standard protection measures (antivirus software, firewall, etc.). You are responsible for any damage to your computer system or loss of data that results from the download of any such Material. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the company is not responsible for the costs associated with such servicing or replacement.

YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OR ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, ITS SUBSIDIARIES, ITS SUPPLIERS, AND/OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM THE PERFORMANCE, USE, OR INABILITY TO USE THE SITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR THE COMPANY OR ANY OF ITS AFFILIATES OR SUPPLIERS IS ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Because some states or jurisdictions may not allow the exclusion or limitation of liability in all cases, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights which vary from one jurisdiction to another.

Linked Web sites and Services
This Site may contain links to and integrations with third-party Web sites and services (“Linked Sites“). These Linked Sites are provided solely as a convenience to our Site visitors. Such Linked Sites are not under Mood Media’s control, and Mood Media is not responsible for and does not endorse the content of such Linked Sites (or any products or other services associated therewith), including any information or Materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Your use of such Web sites and services will be subject to the terms applicable to each such Web site and service.

Jurisdiction and Governing Law/Dispute Resolution
Mood Media maintains and operates this Site from various offices located in the European Economic Area (EEA) and outside the EEA (see list of entities and affiliates at the end of the Site’s ).

For the avoidance of doubt, and unless unenforceable under applicable law, these Terms will be governed by and interpreted in accordance with the laws of the applicable state or country identified below, except for mandatory provisions regarding conflicts of laws and principles that would cause the laws of another jurisdiction to apply. Any legal suit, action or proceeding arising out of or related to these Terms or the Services will be brought before the jurisdictions identified below, and each party and entity consents to such jurisdiction of these courts:

If User is domiciled in: Governing law: Jurisdiction:
Any country outside of the European Economic Area or its regions or territories (e.g. United Kingdom, Switzerland, USA, Norway etc.) State of South Carolina Exclusive jurisdiction and venue of the state courts located in York County, South Carolina, U.S.A and the federal court located in Columbia, South Carolina, U.S.A.
Any country within the European Economic Area or its regions or territories Romanian laws Competent court in Bucharest, Romania

If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then such a term will not affect the validity and enforceability of any remaining provisions.

In the event of any controversy or dispute between Mood Media and you arising out of or in connection with your use of the Site, the parties shall attempt amicably, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days) then the parties shall be free to pursue any right or remedy available to them under applicable law.

If you choose to access the Site and/or the Site Content, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Change or Discontinuation of the Site
Mood Media may change, suspend, or discontinue all or any portion or aspect of the Site or Content at any time without notice, including the availability of any feature, database, content of other Material contained on or accessed through the Site. The Company may also impose limits on any feature or service or restrict User access to any or all parts of the Site without notice or liability.

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms of Use, which will always be at moodmedia.com, will govern our relationship with you from the moment such current version is posted on the Site. By continuing to access or use the Site and our Services after those revisions become effective, you agree to be bound by the revised Terms of Use.

Contact Information
If you wish to make a request or make a complaint about how we have handled your personal data, contact the Data Protection Officer by emailing dpo@moodmedia.com.

In the case of other complaints or requests you can email  legal@moodmedia.com or legalmmint@moodmedia.com.

If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you may refer a complaint to the competent authorities in your jurisdiction.

General
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and limitations on liability or actions set forth herein, then the invalid or unenforceable provision will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether verbal or written (electronic or otherwise), between you and the Company with respect to the Site. We may change these Terms of Use, at our convenience, to reflect our business practices and/or any potential changes in legislation. Any such amendments will come into force and shall apply starting from the moment of posting on the Site. We encourage you to save the version posted on the Site when you access the Site, as it may not be available in the future.

A printed version of these Terms of Use or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use, to the same extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

English Version Controls
Non-English translations of these Terms of Use are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

The information contained herein is subject to change without notice.

Updated by Mood Media on 28th of October 2021

Archive of Previous Terms of Use
Terms of Service 2020

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