Ownership of Site; Acceptance of Terms
Our data privacy practices
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.
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.
(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.
(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
(c) Prohibited Conduct: You agree NOT to access or use the Site or any Site Content as follows:
(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.
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.
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:
|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
|Competent court in Bucharest, Romania
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.
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 [email protected].
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.
English Version Controls
The information contained herein is subject to change without notice.
Updated by Mood Media on 28th of October 2021
Terms of Service 2020