MePlaylist Terms & Condition of Use
Effective Date: Feruaury 1, 2018
Welcome dear user. Thank you for using MePlaylist. Please it is mandatory that you read carefully and understand the TERMS AND CONDITIONS OF USE . Your legal rights and obligations are entrenched herein,
By using the MePlaylist service, websites, or software applications individually and together you are contractually bound with our local company in your country of residence. Your agreement with us includes
i. Terms and Conditions of Use
Your using this service implies that you have accepted the terms and conditions.
We’re pleased to make our Service available to you. The MePlaylist Service includes social and interactive features.
In order to use the MePlaylist Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to MePlaylist is true, accurate and complete, and you agree to keep it that way at all times.
Occasionally we may, in our discretion, make changes to the MePlaylist Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
MePlaylist account holders may access the MePlaylist Service by any of our several Subscriptions:
- Free Service: an ad-based, free-of-charge service;
- Premium Service: an ad-free, subscription fee-based service which enables you to listen to music while not connected to the internet, among other features; or
- Mobile Service: via a supported mobile handset.
The Premium Service permits you to store cached content on mobile handsets and/or other relevant devices (collectively “Devices”) while your Premium Service subscription is active. You may not transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Freemium Service are hereinafter referred to as “Paid & Free Subscriptions” respectively.
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a “Trial”). MePlaylist reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your MePlaylist account’s settings before the end of the Trial.
4. License and assignment
The MePlaylist Service and the content provided through it are the property of MePlaylist or MePlaylist's licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the MePlaylist Service and to receive the media content made available through the MePlaylist Service in your Local Country, based on the Subscription or Trial you have selected (the “License”). This License shall remain in effect for a period of 10 years unless terminated by you or MePlaylist.
The MePlaylist software applications are licensed and MePlaylist retains ownership of all copies of the MePlaylist software applications before and after installation on your devices. MePlaylist may assign these Agreements or any part of them without restrictions. You cannot assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All MePlaylist trademarks, service marks, trade names, logos, domain names, and any other features of the MePlaylist brand are the sole property of MePlaylist. This License precludes you from assigning any rights to use the MePlaylist trademarks, service marks, trade names, logos, domain names, or any other features of the MePlaylist brand, whether for commercial or non-commercial use.
You agree to abide by our USER GUIDELINES and not to use the MePlaylist Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
5. Third Party Applications
The MePlaylist Service provides a platform for third party applications, to make available products and services to you. (“Third Party Applications”). MePlaylist is not responsible or liable for the behavior, features, or content of any Third Party Application.
6. User generated content
MePlaylist reserves the right to, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with MePlaylist. This license lasts until you terminate your MePlaylist account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the MePlaylist Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the MePlaylist Service and your right to object to derogatory treatment of such User Content.
MePlaylist does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in MePlaylist’s sole discretion, violates these Agreements. MePlaylist may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
MePlaylist is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click HERE, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at email@example.com.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the MePlaylist Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service,
(b) To provide advertising and other information to you, if you subscribe to the Free Service, and
(c) To allow our business partners to do the same.
You grant MePlaylist a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the MePlaylist Service.
These Terms are not intended to grant rights to anyone except you and MePlaylist, and in no event shall these Terms create any third party beneficiary rights. Any failure by MePlaylist to enforce these Terms or any provision thereof shall not waive MePlaylist’s right to do so.
8. User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure MePlaylist stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
MePlaylist respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted:
(a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the MePlaylist Services or content delivered to you via the MePlaylist Services, or otherwise any making use of the MePlaylist Service which is not expressly permitted under these Terms;
(b) Using the MePlaylist service to import or copy any local files you do not have the legal right to import or copy in this way;
(c) Reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the MePlaylist Services or any part thereof;
(d) Circumventing any technology used by MePlaylist, its licensors, or any third party to protect content accessible through the Service;
(e) Renting or leasing of any part of the Services;
(f) Bypassing of any territorial restrictions applied by MePlaylist;
(g) Artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
(h) Eliminating or altering any copyright, trademark or other intellectual property notices contained on or provided through the MePlaylist Service;
(i) Providing your password to any other person or using any other person’s user name and password.
Please respect MePlaylist and other users of the MePlaylist Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of MePlaylist or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the MePlaylist inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the MePlaylist Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or MePlaylist’s computer systems or network, or breaches any of MePlaylist’s security or authentication measures, or (l) conflicts with the Agreement, as determined by MePlaylist. You agree that MePlaylist may also reclaim your username for any reason.
Please be thoughtful about what you make public on MePlaylist. The MePlaylist Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on MePlaylist or across the web, so please use MePlaylist carefully and manage your account settings regularly. MePlaylist has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Copyright infringement
respects the rights of intellectual property owners. For details on MePlaylist’s
copyright policy, please click HERE
10. Technology limitations and modifications
MePlaylist will make reasonable efforts to keep the MePlaylist Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. MePlaylist reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the MePlaylist Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the MePlaylist Service or any function or feature thereof. You understand and agree that MePlaylist has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
If you have a Paid Subscription, your payment to MePlaylist will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period.
Cancellation will take effect on the month’s anniversary of the current subscription period, and you will be downgraded to the Free Service. MePlaylist may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the MePlaylist Service after the price change takes effect, you accept the new price.
13. Term and termination
These Terms will continue to apply to you until terminated by either you or MePlaylist. MePlaylist may terminate the Terms or suspend your access to the MePlaylist Service at any time, including in the event of your actual or suspected unauthorized use of the MePlaylist Service or non-compliance with the Terms. If you or MePlaylist terminate the Terms, or if MePlaylist suspends your access to the MePlaylist Service, you agree that MePlaylist shall have no liability or responsibility to you and MePlaylist will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your MePlaylist account, please contact us through the Customer Service contact form on www.MePlaylist.com.
We endeavor to provide the best service we can, but you understand and agree that the MePlaylist service is provided “AS IS”, without express or implied warranty or condition of any kind. You use the MePlaylist service at your own risk. MePlaylist disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. In addition, MePlaylist does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the MePlaylist Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that MePlaylist is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the MePlaylist Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from MePlaylist shall create any warranty on behalf of MePlaylist in this regard. Some aspects of this section may not apply in some jurisdictions.
As permitted by law, under no circumstance will MePlaylist, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for;
(i) indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, arising out of the use or inability to use the MePlaylist service, third party applications or third party application content, regardless of legal theory, without regard to whether MePlaylist has been warned of the possibility of those damages, Nothing in these Agreements removes or limits MePlaylist’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence.
16. Entire agreement
These Agreements constitute all the terms and conditions agreed upon between you and MePlaylist and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to MePlaylist are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by MePlaylist that are not contained in the Agreements.
Please note, that other aspects of your use of the MePlaylist Service may be governed by additional agreements. That could include, for example, access to the MePlaylist Community for customer support, access to the MePlaylist Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
18. Choice of law, mandatory arbitration and venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Nigeria, without regard to choice or conflicts of law principles. Further, you and MePlaylist agree to the exclusive jurisdiction of the courts of Nigeria to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If you are a Nigeria user, the following mandatory arbitration provisions also apply to you:
- You and MePlaylist agree that any dispute, claim or controversy arising out of or relating in any way to the MePlaylist Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the Arbitration Act of the Federal Republic of Nigeria governs the interpretation and enforcement of this provision, and that you and MePlaylist are each waiving the right to litigation. This arbitration provision shall survive termination of these Agreements and the termination of your MePlaylist account.
- You and MePlaylist agree that;
(a) Any claim seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights,
(b) Any claim related to allegations of theft, piracy or unauthorized use of the MePlaylist Service are NOT subject to arbitration. Instead, you and MePlaylist agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in the Federal Republic of Nigeria,
- It is agreed that either party may bring claims against the other only its individual capacity, and not as a class member or in any representative capacity or proceeding. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
- Any arbitration must be commenced by filing a demand for arbitration with the within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Arbitration fees shall be borne by the party seeking arbitration.
Thank you for reading our Terms. We hope you enjoy MePlaylist.