SixtyFour Music Terms of Service

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with SixtyFour Music website (www.sixtyfourmusic.com) and the SixtyFour Music application(s) (collectively the “Service”) owned and operated by SixtyFour Music (“SixtyFour Music”, “us”, “we”, or “our”).

Please read these Terms of Service carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

IN CONSIDERATION OF USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME. THESE TERMS ARE A LEGAL CONTRACT BETWEEN SIXTYFOUR MUSIC AND YOU.

You may use our Service only if you can form legally binding contracts under applicable law of your jurisdiction.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service.

We may update and change our Service from time to time.

Our Service is made available free of charge. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms and other applicable terms of service, and that they comply with them.

General Terms

Although we will make reasonable efforts to protect Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk that an unauthorized third party could find a way to thwart our security systems.

Acceptable Use and Standards

You agree and undertake that:

· You will not use any data mining systems or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code;

· You will not use the Service for the purpose of building a similar or competitive product or service; and

· You will comply with all applicable laws including the laws of the jurisdiction in which you are present while using the Service.

Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Service, and in the material published on it (including but not limited to text, images, graphics or code, trademarks, database and other intellectual property rights). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark or intellectual property of ours or our affiliates or licensors, and such a license is expressly prohibited. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our Service for commercial purposes without obtaining a licence to do so from us or our licensors (as appropriate).

If you print off, copy, download, share or repost any part of our Service in breach of these Terms of Service, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these Terms of Service).

Third-Party Websites and Services

The Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit, prior to engaging with such websites or services.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Service or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Service or any data, content, information or services accessed via the same.

· Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

You shall not use, and we do not consent to the use of, our Service, or any data published by, or contained in, or accessible via, our Service or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model.

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects our applicable terms.

If you wish to link to or make any use of content on our site other than that set out above, please contact hello@sixtyfourmusic.com.

Do not rely on information on this site or any part of the Service

The content on our Service (including but not limited to the results of any search undertaken using any application comprising our Service) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service (including without limitation, application comprising our Service).

Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

We are not responsible for viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Service. You should use your own virus protection software.

You must not introduce viruses

You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Service or any part of it. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our site or any other equipment or network connected with our Service. You must not interfere with, damage or disrupt any software used in the provision of our Service or any equipment or network or software owned or used by any third party on which this Service relies in any way. You must not attack our Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Subject to applicable law, the termination of this agreement will not terminate your obligations under agreements you may have with us, including any subscription service contract(s). In the event of termination, we will keep your account information according to our Privacy Policy and data retention practices, and pursuant to applicable law.

Indemnification

You agree to indemnify, defend and hold harmless SixtyFour Music, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

Whether you are a consumer or a business user:

· We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

· We exclude all implied conditions, warranties, representations or other terms that may apply to our Service, any content on any part of it and/or the results of your use of any application(s) comprising the Service.

· We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Service; or

• use of or reliance on any content displayed on or results provided by our Service (including any application(s) comprising it).

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user:

· We only provide our Service for domestic and private use. You agree not to use our Service (or any application(s) comprising it) for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Rights

If you breach any of these Terms and SixtyFour Music chooses not to immediately act, or chooses not to act at all, SixtyFour Music will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. SixtyFour Music does not waive any of its rights. SixtyFour Music shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written approval. We may transfer our rights and obligations under these Terms to another organisation at any time.

Notice

We may give you notice by means of a general notice sent through the Service, or by electronic mail to your email address on record, or by written communication sent by regular mail to your address on record. By using our Service, you allow us to communicate with you through these means and receive electronic mail from us.

Governing Law

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Where permitted under applicable law, you and SixtyFour Music agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action.

If you have any questions about these Terms, please contact us:

By email: hello@sixtyfourmusic.com

By visiting our website: www.sixtyfourmusic.com