TERMS AND CONDITIONS
By visiting, accessing, or using PEERTRACKS, you indicate that you have the right, authority, and ability to enter into this Agreement, that you have read and understand the Agreement, and that YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION AND THE PROVISIONS REGARDING THE APPLICABLE LAW. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1 – INTRODUCTION
The “Services” refer to the ‘PEERTRACKS’ brand music service, mobile and device applications and all services provided by PEERTRACKS, PEERTRACKS affiliates, PEERTRACKS providers or third parties contracted by PEERTRACKS to provide the Services that are inherently related to the ‘PEERTRACKS’ brand music service. This may include, but is not limited to, websites and applications for desktops, tablets, mobile devices, set-top boxes, and stereos. The Services may include your ability to edit certain Service Content (as defined in section 8) that is specifically authorized for such use (the “Editable Content”) and User Content (as the term is defined in section 9), and save such Editable Content and User Content to your own playlist without the ability to share or otherwise reproduce, distribute, publicly perform or publicly display such Editable Content and User Content (the “Editing Functionality”) . Each instance of Editable Content or Edited User Content will be considered a “Remix” by this document.
Aspiro AB (“PEERTRACKS”, “we”, “us” or “our”) provides the services. You can reach us with this information: PEERTRACKS – Customer Service, 540 W 26th Street, 8th Floor, New York, NY 10001; or by email: firstname.lastname@example.org.
- PREREQUISITES TO ACCESS THE SERVICE
You need Internet access to use the Services and any costs for such access will be at your own expense. This applies when you use the Service on mobile phones, tablets or other personal devices with an Internet connection. If you use the Services on your mobile phone, you should familiarize yourself with the applicable data transfer costs for your mobile phone provider plan. PEERTRACKS has no responsibility or liability for data transfer costs that you may incur when using the Services. We cannot guarantee that the Services will work on all devices. Visit https://support.peertracks.com/hc/en-us/articles/115005872445-System-Requirements to learn more about our compatibility specifications.
You have the responsibility to ensure that you can meet the relevant system requirements described above. PEERTRACKS accepts no responsibility for lack of functionality due to the equipment you use (including your device, Internet connection, operating system, settings, and software). Access to the Services, in part or in whole, may be restricted from time to time for repair, maintenance or upgrade tasks to be performed.
You may not use the Services fraudulently, illegally, or expressly prohibited by these Terms. By using the Services, you confirm to us that you accept these Terms and agree to the following: (a) you are 18 years of age or older; or (b) you are between the ages of 13 and 17 and have the express permission of your parent or guardian to use the Services. If you are under the age of 13, you may not use the Services or send personally identifiable information to PEERTRACKS. If you live in a country where the minimum age to use the Services or send personally identifiable information to PEERTRACKS is higher than 13 years of age, said age limitation will apply and you will not be authorized to participate in the aforementioned, unless comply with such age limitation in accordance with the laws of your country. If PEERTRACKS reasonably believes that you have not provided us with your true age, we may suspend your use of the Services until you provide us with acceptable evidence of your age. If you are a parent or guardian and you believe that PEERTRACKS may have inadvertently collected personal information from your child, please notify PEERTRACKS immediately: email Tidal Customer Service at email@example.com and detail the rationale for your belief and your request.
The Service requires you to register and create accounts to validate. You agree to: (a) provide current, accurate and complete information, as indicated in the registration forms for the Services; (b) maintain and promptly update such information and any other information that you provide to PEERTRACKS so that it remains current, accurate and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and any actions that take place with your account.
PEERTRACKS reserves the right to suspend or delete your account and prohibit you from using the Services, without any liability or obligation to you, if we reasonably believe that there may be a breach in the security of your account or if activities occur on your account that We reasonably believe that they are in serious violation of the Agreement.
- PURCHASE, PRICE INFORMATION, PAYMENT TERMS, RIGHT OF CANCELLATION AND REFUND POLICY
To request a subscription to the Services or to make a purchase in connection with the Services, you must (a) be 18 years of age or (b) you must be between 13 and 17 years of age and you must have the express permission of your parent, mother or guardian to use the Services.
(a) Subscription . Some aspects of the Services provided by PEERTRACKS, third parties, or both may require you to purchase a subscription for a specified period, as specified in registration (collectively, a “Subscription”). Your Subscription, which may begin with a thirty (30) day free trial period, will automatically renew on a monthly or annual basis (as specified during your registration), unless you cancel your Subscription as set out in sections 3 ( e) and 3 (g) or terminate your Subscription as set forth in section 18.
(b) Packages. PEERTRACKS may contract with a third-party telecommunications service provider to provide the Services to you through a bundle along with other services provided by such third-party provider. The payment terms for such package and other terms and conditions governing your use of the package may vary from the terms set forth in this Agreement. You are responsible for reviewing the terms of such package or any other terms governing your use of the services provided by the telecommunications provider before accepting any package and accessing the Service through such package. If you have purchased a package, your telecom provider will collect payment from you. If you want to cancel or terminate your subscription through said package or want more information regarding payment methods, For billing cycles, automatic renewals, or refunds, you should contact your provider. Other than this subsection (b), section 3 of this Agreement does not apply to you if you have purchased the Services as part of a package from your telecommunications provider or another third party.
(c) Promotions / tests.PEERTRACKS, the providers or other third parties with whom we contract to provide the Services may offer special promotions / trials with different conditions and limitations that may be subject to terms other than these Terms. Any additional terms to these Terms will be disclosed at the time of registration or in other communications we provide to you prior to registration. You are responsible for reviewing any additional terms that govern your use of such special promotions or tests before accessing a special promotion or test. At the end of the promotional or free trial period, Your subscription will automatically renew for additional consecutive subscription periods with a duration set in the product details at the time you sign up for the trial or promotion and you will start paying for the subscription. To avoid charges, you must cancel the subscription before the free trial ends. You are entitled to receive only one free trial per lifetime. Any attempt to use more than one free trial is considered an unauthorized use of the Services or Service Content and constitutes a violation of the Agreement. If PEERTRACKS determines, in its sole discretion, that you have used more than one free trial, PEERTRACKS reserves the right to terminate your access to the Services, the Service Content, or this Agreement. You must cancel the subscription before the free trial ends. You are entitled to receive only one free trial per lifetime. Any attempt to use more than one free trial is considered an unauthorized use of the Services or Service Content and constitutes a violation of the Agreement. If PEERTRACKS determines, in its sole discretion, that you have used more than one free trial, PEERTRACKS reserves the right to terminate your access to the Services, the Service Content, or this Agreement. You must cancel the subscription before the free trial ends. You are entitled to receive only one free trial per lifetime. Any attempt to use more than one free trial is considered an unauthorized use of the Services or Service Content and constitutes a violation of the Agreement. If PEERTRACKS determines, in its sole discretion, that you have used more than one free trial, PEERTRACKS reserves the right to terminate your access to the Services, the Service Content, or this Agreement.
(d) In-store purchases. It is not necessary to purchase a Subscription to make a purchase from the PEERTRACKS Store. To make purchases in the store, you will be asked to register your account. If you don’t have an account, create a free account and choose a username and password. At the end of the purchase in the Store, the music or album purchased will appear in your account for download. You can download store purchases on one device. Once downloaded, your purchase in the store will no longer be available in your account. All purchases in the store are final. You are responsible for supporting every purchase in the PEERTRACKS Store.
(f) Billing cycle . As indicated during registration, the charge for certain Subscriptions must be paid in a lump sum upfront, while other Subscriptions may allow payment in installments. If the Subscription charge is paid in a lump sum upfront, the total Subscription charge will be due and paid to PEERTRACKS immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription charge is paid in installments, your Payment Method will be billed automatically at the beginning of each installment period, as specified in registration.
(g) Automatic renewal. To provide continuous service, you agree that PEERTRACKS will automatically renew the subscription on or near the date the Subscription expires. Such renewal will be for the same duration as the original subscription term and will be billed at a non-discounted rate for the Subscription from the date of your enrollment and in accordance with your original billing cycle method (either as a one-time payment per advance or in installments). By signing up for a Subscription, you agree that your Subscription will be subject to the automatic renewals described above unless you cancel your Subscription in accordance with the terms of this Agreement. What’s more, You agree that the amount billed may vary if you purchased your original Subscription with a promotional / discount offer and authorize PEERTRACKS to charge through your Payment Method for such amounts as indicated at the time of registration. You agree that you will be responsible for other charges, including foreign transaction charges, that may be imposed by credit card providers, payment processors, or third parties in connection with your use of the Subscription. Your Subscription will remain in effect and will continue to automatically renew until canceled. payment processors or third parties in connection with your use of the Subscription. Your Subscription will remain in effect and will continue to automatically renew until canceled. payment processors or third parties in connection with your use of the Subscription. Your Subscription will remain in effect and will continue to automatically renew until canceled.
IF YOUR ACCOUNT IS MANAGED THROUGH PEERTRACKS (AND NOT THROUGH A THIRD PARTY) AND YOU WANT TO CANCEL THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION, you can do so by visiting your account settings page ( https://peertracks.com/account ) , go to the “Subscription” section and click on “Cancel my subscription”. PEERTRACKS will take reasonable steps to process cancellation requests within two business days of receipt of such requests. All other cancellations must be made directly through the third party managing your PEERTRACKS Subscription.
(h) Refund Policy . We will not refund any charges paid to us, including charges or advance payments, for any subscription term for the Services, unless otherwise required by law or the terms of this Agreement.
(j) Statutory right to cancel.
If you are a consumer residing in the European Union, you may also have the right to cancel your Subscription without reason and request a refund within 14 (fourteen) days of the purchase of said Subscription. However, as explained below, you will lose this right when you download, reproduce, access or use the Service Content or use the Services.
To cancel your Subscription in accordance with this section, you must notify us of your decision to cancel. You can reach us by email: firstname.lastname@example.org. Be sure to include your subscription purchase details so we can identify you.
If you validly cancel your purchase in accordance with this section, we will refund the price you paid for your Subscription (if any). We will make the refund without delay and within a maximum period of 14 days after the day on which you notify us of your decision to cancel the Subscription.
We will make the refund with the same means of payment that you used for the initial transaction, unless you expressly agree otherwise; in any case, you will not incur any charges as a result of the refund.
If you purchase a Subscription, you expressly agree that we will begin providing the Services to you within the 14-day withdrawal period. You acknowledge that by receiving or accessing the Services during this period, you will lose your statutory right to cancel the purchase.
These withdrawal rights will not affect your legal rights.
- SPECIAL OFFERS
If you have received or acquired access to the Services as part of a special offer, campaign or partner offer (a “Special Offer”), the terms presented as part of that Special Offer will become part of this Agreement. Unless otherwise specified, Special Offers will only be valid for customers in the country (and states) where they are issued.
- RESTRICTIONS APPLICABLE TO THE USE OF THE SERVICE
The Services are for private use only and use of the Services in a public or commercial setting is prohibited.
The Services will not be used in any way that violates the applicable restrictions on the use of the Service Content (as defined in section 8). These include, but are not limited to, prohibitions against the following: (i) any form of technical intervention in the Services for the purpose of using the Services in a manner other than that intended and permitted in accordance with the Agreement; (ii) copy or post any Content on the service; (iii) assign a username or password to another person; (iv) circumvent any technical mechanism within the Services that has been established to protect the Service Content from reproduction / distribution; (v) use the Services in violation of applicable law; and (vi) not respecting the applicable territorial / geographic restrictions.
The Services may include components that use the temporary storage of certain Service Content on various platforms (also referred to as “offline mode”). You have access to this Service Content as long as you have a valid Subscription. You may not access such Service Content through mechanisms other than those available with the Services. Such Service Content will not be copied or posted outside of the Services.
- APPLICATION LICENSE
“Application” refers to an application or other technical interface provided by PEERTRACKS and used to access the Services. Pursuant to the terms of this Agreement, PEERTRACKS hereby grants you a personal, non-exclusive, non-transferable, limited, and revocable license to download, run, and use the Application for personal use on relevant devices that you own or control. Such license also applies to updates and enhancements that replace or supplement the Services in any respect and are not distributed with a separate license and related documentation. You are licensed to the Application, the license is not sold, and PEERTRACKS retains ownership of all copies of the Application even after installation on your devices. PEERTRACKS may transfer its rights and obligations or subcontract or sublicense its obligations, in accordance with this Agreement, to another legal entity, as long as your legal and consumer rights are not impaired. You may not transfer your rights and obligations or subcontract or sublicense your obligations, pursuant to this Agreement, to another legal entity.
- THIRD PARTY APPLICATIONS
- CONTENT RESTRICTIONS
The Services include content, such as sound recordings, audiovisual works, other video or audio works, video sequences, images, graphics, texts, software, works of authorship, files, documents, applications, artistic material, trademarks, trade names , metadata, album titles, sound recording titles, artist names, intellectual property, or related materials, or any other materials, and their selection, coordination, and arrangement (collectively, the “Service Content”). Service Content is owned by PEERTRACKS or third parties and is protected by copyright. The Service Content is made available to you for personal use only, as expressly permitted by these Terms.
You are prohibited from using the Service Content in the following ways:
- Except as permitted by these Terms, any copying, distribution or other use of the Service Content without the prior written consent of the rights holders in the Service Content is prohibited.
- You do not have the right to participate in the commercial use, sale, resale, assignment, license, modification, copy or derivative versions, display, distribution or promotion of the Service Content, as long as, to the extent permitted by PEERTRACKS, you can create Derived versions of the Editable Content only in connection with the Editing Functionality.
- You do not have the right to reproduce or interpret the Service Content in public.
- Using or posting the Service Content on any other website, application or otherwise, or sharing the Service Content in a networked computer environment, for any purpose, is prohibited.
- You should only use the Content of the service on platforms that are available to you for your personal use, as established in this document and in accordance with the terms of your Subscription, and that support the technical protection system of the Services. You must not evade or attempt to circumvent the technical protection system of the Services.
Third parties, such as record labels or their distributors, will automatically upload the Service Content to the platform, with some exceptions, such as content labeled “created by PEERTRACKS”. PEERTRACKS does not review the Content of the service provided by third parties. The fact that the Content of the service provided by third parties is available on the platform, consequently, does not imply any sponsorship or approval on the part of PEERTRACKS. You understand that PEERTRACKS is not responsible for the features or specific content of the Service Content provided by third parties.
Unauthorized use of the Services may constitute a violation of applicable laws or regulations. If PEERTRACKS, in its reasonable discretion, believes that you have violated the Terms or has reasonable grounds to believe that you are likely to violate these Terms, we may take whatever steps we deem necessary to protect the Services and Service Content. We may do the following: (a) restrict, suspend or (in the case of serious violations) terminate your right to use the Services; (b) remove your User Content (as defined below) from the Services; (c) investigate and initiate legal proceedings against you; or (d) disclose information to law enforcement authorities when we believe it is necessary or in accordance with the law.
We own the PEERTRACKS trademark (the “Trademark”). Nothing in this Agreement or in the Services should be construed to confer, imply, impede, or otherwise license or grant the right to use the Trademark without PEERTRACKS’s specific prior written permission for such use. The use of the Trademark as part of a link in connection with a site is prohibited, unless the establishment of such link has the prior written approval of PEERTRACKS. All capital gains generated by the use of the Trademark will benefit PEERTRACKS.
The elements of the Services, including the Content of the service, are protected by copyright, dress code, trademark, unfair competition or other state, federal and foreign laws, and the Services may not be copied or imitated, in part or in full, by any means, including, but not limited to, the use of frames or replicas. No element of the Service Content may be retransmitted without the express written consent of PEERTRACKS or the appropriate third party in any instance.
- USER CONTENT
To the extent permitted by the Services, you or your licensors generate, own, and control musical works (sound recordings and underlying musical compositions), audiovisual works (including, but not limited to, top-notch MTV-style music videos, footage video and so-called “behind-the-scenes” audiovisual content), other video or audio works, images, graphics, texts, works of authorship, files, documents, applications, artistic material, trademarks, trade names, metadata, titles of albums, sound recording titles, artist names, intellectual property, or related materials or any other material you submit to the Service (“User Content”). We do not claim any intellectual property rights over User Content. After you directly submit (“submit”) your User Content to the Services, you will continue to retain any intellectual property rights you may have in your User Content, pursuant to the license below. By submitting User Content on or through the Services, you grant PEERTRACKS the right to (and allow PEERTRACKS’s subcontractors) to store, display, transmit, reproduce, promote, publicly perform, create and use derivative works of the material, distribute and otherwise exploit User Content on or through the Services on all known or future-developed devices. For the avoidance of doubt, to the extent that you use the Editing Functionality to create a Remix, you acknowledge and agree that you do not own any rights,
(a) The rights you grant to PEERTRACKS are not exclusive (implies that you have the freedom to allow other people to use your User Content), are paid in full, and are royalty-free (implies that we have no obligation to pay you for uses the User Content you post on the Services), are sublicensable (so that we can use our affiliates, subcontractors and other providers, such as wireless service providers and Internet content delivery networks, to provide services related to the Services), are perpetual (forever) and worldwide.
(b) You confirm and promise us that the User Content that you submit on or through the Services meets the following characteristics: (i) it is your property or you otherwise have the right to confer the rights granted above ; (ii) does not violate the rights of a third party, including intellectual property rights, confidential information rights or privacy rights; (iii) does not imply an affiliation, sponsorship, approval or cooperation of PEERTRACKS or an artist, band, label, entity or person without the express written consent of such person or entity; and (iv) you must comply with all applicable laws and these Terms. You agree to pay all royalties,
(c) The Services perform technical functions necessary to provide the Services, including but not limited to the transcoding or reformatting of User Content to enable its use on the Services.
(d) We may reject, refuse to post or remove any User Content for or without reason, including User Content that we believe violates this Agreement or that may be offensive, illegal or violates the rights of third parties, or that damages or endangers the safety of a third party. We have no obligation to you or anyone else to monitor, control, or moderate User Content. At our discretion, we may moderate and review User Content to ensure that it complies with these Terms. If we decide to monitor the Services, we do not assume any responsibility or liability to you for the User Content available on the Services.
(e) The rights granted in this section are granted separately with respect to each item of User Content that you present on the Services.
(f) You are responsible for the User Content you present on the Services. You must not upload, share or otherwise exploit content for which you do not have the necessary rights. In particular, any unauthorized use of copyrighted materials within User Content may constitute a violation of the rights of third parties and is therefore strictly prohibited. Furthermore, such violations may lead to civil litigation or criminal proceedings by or on behalf of the owner of the relevant rights.
- PROHIBITED ACTIVITY / CONTENT
You must not upload or share User Content that, in PEERTRACKS’s reasonable judgment, has these characteristics:
- is blatantly offensive or encourages racism, bigotry, hatred or physical harm of any kind against a group or an individual;
- harasses or proposes harassment towards another person;
- exploits people in a sexual or violent way;
- contains nudity, excessive violence, offensive objects or contains a link to an adult website;
- request personal information;
- contains information that presents or creates a security or privacy risk for any person;
- constitutes or promotes information that you know to be false or misleading or encourages illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to evade devices with copy protection installed by the manufacturer, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail”, “chain mail” or unsolicited bulk mail, instant messaging, “instant spam” or “spam”;
- contains pages with restricted access or that requires a password, or hidden pages or images (those that are not linked to another page or that cannot be accessed from another accessible page);
- promotes or encourages criminal activity or illicit association or promotes instructive information about criminal activity, including, but not limited to, the creation or purchase of illegal weapons, the violation of a person’s privacy, or the supply or creation of computer viruses;
- solicits passwords or personally identifiable information from other users for illegal or commercial purposes;
- involves any form of user tracking, commercial activities, or sales without PEERTRACKS’s prior written consent, such as contests, sweepstakes, trades, advertisements, or pyramid schemes; or
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of a person.
In addition, you agree not to participate in the following activities with the Services:
- criminal or criminal activity, including child pornography, fraud, trafficking in obscene material, drug distribution, gambling, harassment, bullying, sending instant messages or spam emails, sending viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
- advertising or promotion of any user, without the written consent of PEERTRACKS, to buy or sell a product or service through the unauthorized or permitted use of the Services;
- evasion, modification, attempted modification or evasion, or motivation or assistance of another person to evade or modify security software or technology that is part of the Services;
- activity that involves the use of viruses, bots, worms or any other code, file or computer program that interrupts, destroys or limits the functionality of a computer software or hardware or that otherwise allows the use or access not authorized to a computer or computer network;
- concealment of advertisements on a page on the Services through HTML / CSS or other means;
- automated use of the system, including, but not limited to, the use of scripts to present information or send comments or messages;
- interference, alteration or creation of unnecessary load on the Services, networks or services connected to the Services;
- imitation or attempted imitation of another user, person or entity;
- use of another user’s account, username or password at any time, disclosure of your password to a third party or allow a third party to access your account;
- sale or otherwise transfer of your account;
- use of any information from the Services to harass, abuse or harm another person or entity, or attempt to do so;
- acceptance of payments or items of value from a third party in exchange for their participation in a commercial activity through the unauthorized or permitted use of the Services on behalf of said person; or
- use of the Services in a manner inconsistent with applicable laws and regulations.
You agree that any violation of the provisions of section 10 will be considered a serious violation of the Agreement.
We have provided you with our contact information and email links on the Services because we want to hear from you. However, we do not want you to send (and should not send) to PEERTRACKS documents or materials that include confidential or proprietary information. You grant PEERTRACKS an unrestricted, irrevocable, royalty-free license to copy, distribute, and modify such documents or other materials that you submit to PEERTRACKS, and allow PEERTRACKS to use ideas, trade secrets, technical knowledge, or other proprietary or confidential information for any purpose. disclosed in those documents or other materials; what’s more,
- NOTICE AND PROCEDURES FOR FILING CLAIMS ABOUT COPYRIGHT OR INTELLECTUAL PROPERTY VIOLATIONS
We may disable or terminate the use of the Services to users who violate other people’s intellectual property rights. Additionally, we have a policy of responding to notifications of alleged violations that comply with the US Digital Millennium Copyright Act (“DMCA”), which may include removing the material, including Service Content or User Content, that is indicated as the subject of the infringing activity. If we remove material to comply with the DMCA (“Removed Content”), we will attempt to contact the provider of such removed Content to allow it to submit a counter-notification in accordance with the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property or privacy rights were otherwise violated, please submit a notice to PEERTRACKS with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- a detailed description of the location of the material that you claim was infringed on the website (providing the URL in the body of the email will help PEERTRACKS find the content quickly);
- your name, address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright or other intellectual property rights or that you are acting on behalf of the owner of the rights to author or other intellectual property rights; Y
- his sign.
Please send your notification to the PEERTRACKS Copyright Department, Aspiro AB, 540 W 26th Street, 8th Floor, New York, NY 10001, or by email at email@example.com. Please note that you may be liable for damages (including attorney’s fees and costs) if you make a materially false statement that the material violates your copyright or other privacy or intellectual property rights.
The provider of the Removed Content may file a counter notification pursuant to sections 512 (g) (2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the removed Content. To file a counter notification, you must provide PEERTRACKS with a written notice that includes the following information:
- a detailed identification of the material that PEERTRACKS removed;
- your name, address, telephone number, email address, and a statement that you agree to submit to the jurisdiction of the Federal District Court for the judicial district where your address is located (or New York, New York, if your address is located outside the United States), and that you accept service of process from the person who provided the service pursuant to subsection (c) (1) (C) or an agent of such person;
- the statement: “I swear, under penalty of perjury, that I believe in good faith that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; Y
- his sign.
Send the counter notification to the PEERTRACKS Copyright Department, Aspiro AB, 540 W 26th Street, 8th Floor, New York, NY 10001, or by email at firstname.lastname@example.org. Please note that you may be liable for damages (including attorney’s fees and costs) if you make a materially false statement that a product or activity violates the copyrights of others.
If you own any intellectual property other than copyrighted materials (such as a trademark), or are the owner’s agent, and you believe that an item of content or other materials on the Services violates your rights to such intellectual property, you must notify us by the method described above in connection with the notification of an alleged copyright infringement, and you must provide the same information in writing to the designated address set forth above.
DISCLAIMER: WE ARE NOT YOUR LEGAL ADVISORS AND THE INFORMATION WE PRESENT HERE DOES NOT CONSTITUTE LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATION ONLY AND AS REQUIRED BY LAW.
If you have any questions, complaints, or complaints regarding the Services, you can email us at email@example.com.
- THE RIGHTS OF PEERTRACKS
If you do not make a payment or substantially violate a provision of the Agreement and such violation does not occur due to circumstances related to PEERTRACKS, after considering the interest of the user, PEERTRACKS may deny access to the Services.
- NO WARRANTY / LIMITATION OF LIABILITY
NO ELEMENT IN THESE TERMS SHALL EXCLUDE OR LIMIT WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED IN ACCORDANCE WITH APPLICABLE LAW. HOWEVER, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL OTHER CONDITIONS, WARRANTIES, STATEMENTS OR OTHER TERMS THAT MAY APPLY TO THE SERVICES OR TO ANY CONTENT OF THE SERVICES, EITHER EXPRESS OR IMPLIED. IN PARTICULAR, WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM A VIRUS, A DISTRIBUTED DENIAL OF SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, OWNED COMPUTER PROGRAMS, OWNED COMPUTER PROGRAMS. USE OF THE SERVICES, YOUR DOWNLOAD OF ANY CONTENT ON THE SERVICES OR YOUR ACCESS TO ANY WEBSITE LINKED TO THE SERVICES. WE WILL NOT BE LIABLE TO YOU FOR FAILURE OF PERFORMANCE, UNAVAILABILITY OR FAILURE OF SERVICES OR ANY FAILURE OF OUR TO COMPLY WITH THESE TERMS, WHEN SUCH FAILURE, UNAVAILABILITY OR FAILURE OF CONTROL ARISES FROM A REASONABLE CAUSE BEYOND OUR OWN.
ANY LIABILITY WE HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO THE PURCHASE PRICE YOU PAY AND WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE AT THE TIME YOU START USING THE SERVICE.
WE ASSUME NO LIABILITY FOR THE CONTENT OR LINKED WEBSITES IN THE SERVICES. SUCH LINKS SHOULD NOT BE CONSTRUED AS OUR SPONSORSHIP OF SUCH LINKED WEBSITES. WE WILL NOT BE LIABLE FOR LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE LINKS.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUDULENT STATEMENT; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
To the extent permitted by applicable law, you agree to indemnify and hold harmless PEERTRACKS and its affiliated entities, and each of its parent companies, predecessors, successors, assignees, subsidiaries, owners, officers and directors (acting in such capacity or individually), agents and attorneys, current, past or future, of all claims, actions, demands, including, but not limited to, reasonable legal and accounting charges, arising from (a) its violation or alleged violation of the Agreement; (b) your unauthorized access, use or misuse of the Service Content or Services; (c) any violation of your statements and promises set forth in this document; or (d) your violation of any law or right of a third party. We must notify you of any claim, lawsuit or legal proceeding of such type and we will assist you, and you will cover the charges, to defend yourself against such claim, lawsuit or legal proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to compensation in accordance with this section. In such event, you agree to cooperate with any reasonable request to assist in our defense of such matter.
We may terminate this Agreement and close your account or suspend your access to the Services at any time, with or without notice, and without liability or obligation to you, in the event of your actual or suspected misuse or unauthorized use of the Services or Service Content, or a serious violation of the Agreement. In that event, we will refund the prorated fee of your Subscription fee (if any) on behalf of the period in which you were unable to access the Services.
We may terminate this Agreement and close your account at any time, after giving you reasonable notice, if we stop providing the Services.
- APPLICABLE LAW
These Terms are governed by and must be construed in accordance with the laws of the State of New York without putting into practice the principles of conflict of law and the courts of England and Wales will have non-exclusive jurisdiction to resolve any claim, dispute or disagreement related to these Terms.
- MISCELLANEOUS PROVISIONS
There is no agency, partnership, joint venture, employee-employer or franchisee and franchisor relationship between you and PEERTRACKS or between PEERTRACKS and any other user of the Services. If a court with jurisdiction finds that a provision of this Agreement is invalid, the invalidity of that provision will not affect the validity of any other provision of the Agreement, which will remain in effect, unless such deletion substantially frustrates the intention of the parties. , in which case this Agreement will terminate. Our breach or failure to enforce a provision of this Agreement should not be construed as a waiver of such provision or other provision in this Agreement. No resignation will be effective before PEERTRACKS unless it is made in writing and no resignation shall be construed as a resignation to any other instance or a later instance. This Agreement is not intended or implied to give a person other than a party a right to enforce any of its provisions.
The section headings are provided for reference only and will have no legal impact. This Agreement will benefit our successors, assigns, licensees, and sub-licensees.