Terms and Conditions
1. ACCEPTANCE & USE OF THE MUSIK LEMON WEBSITES & MOBILE APPS
These Terms and Conditions govern your use of Musik Lemon websites and your relationship with Musik Lemon including any service supplied to you, the Customer, through any of the Musik Lemon websites or services. In particular, these terms and conditions govern your use of musicappsforartists.com and all Musik Lemon websites and mobile apps created. Please read them carefully as they contain legal obligations. If you do not agree to these Terms and Conditions, please do not register for or use any of the Musik Lemon websites or services. If you have any questions regarding these Terms and Conditions, please contact firstname.lastname@example.org. By accessing, browsing and or using any of the Musik Lemon websites, including musicappsforartists.com and all Musik Lemon websites and mobile apps created you acknowledge that you have read, understood, and agreed to be bound by these terms and comply with all applicable laws and regulations, including EU export and re-export control laws and regulations.
2. CUSTOMER ACCOUNT, PASSWORD & SECURITY
To build a Musik Lemon you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. After setting up a username and password for login access, you will be entirely responsible for maintaining the confidentiality of your login details and for any and all activities that occur under your account. Any unauthorised use of your account or any other breach of security will have to be reported to Musik Lemon immediately using the following email email@example.com. Musik Lemon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your consent. You may also be held liable for losses incurred by Musik Lemon or other related parties due to someone else using your account or password. In order to avoid any losses to either party, you are strictly discouraged from using anyone else's account at any time, without the permission of the account holder. If Musik Lemon terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
3. INFORMATION SECURITY AND QUALITY
Any personal information, directly or indirectly collected via Musik Lemon's websites are protected by the Data Protection Act. Musik Lemon is committed to respecting the rights of its users to access, rectify, modify and suppress the personal information collected in compliance with the articles of the Act. Musik Lemon is also committed to securing the data that is provided to us and will practice necessary precautions to protect your personally identifiable information from loss, misuse or alterations. We will commit to respond in a timely manner to your requests to correct inaccuracies in your personal information. In order to correct such inaccuracies, please return the notification message containing the inaccuracies to the sender with details of the correction requested. If you would like to delete the personally identifiable information you have submitted through the websites from our marketing database, please contact us at firstname.lastname@example.orgWe will proceed to use reasonable efforts to remove your personally identifiable information from our database.
4. TERMS & CONDITIONS OF USE MODIFICATION
Musik Lemon reserves the right to change the terms, conditions, and notices under which the Musik Lemon websites are offered, including but not limited to the charges associated with the use of our websites or any products or services sold therein. You are responsible for regularly reviewing these Terms & Conditions of Use and any other additional terms posted on any / each particular website. Your continued use of the Musik Lemon websites constitutes a binding agreement to all terms, conditions and notices.
5. RULES OF CONDUCT
In addition to the limitations set forth in this Terms & Conditions of Use, you will be accounted for violating the stated terms and conditions if you or others using your account do any of the following, so dont do any of them! :
- Transmit or facilitate distribution of contents that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
- Attempt to acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on our websites.
- Upload or distribute any software or content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Upload music, video content for which your are not the legal right holder
- Improperly use the support or complaint buttons or make false reports to Musik Lemon staff members or its related companies
- Violate the terms and conditions of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Musik Lemon retains the right to deny access to anyone who we believe has violated any of these Terms & Conditions of Use.
6. ILLEGAL BEHAVIOR
Illegal behaviour involving the use of any of the Musik Lemon websites will be grounds for the termination of a user's account. Musik Lemon shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.
You hereby agree that you will be personally responsible for your use of any of the Musik Lemon websites, and that you will indemnify, defend and hold harmless Musik Lemon and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses including legal fees incurred by Musik Lemon in connection with your use or alleged use of our websites, including your conduct. Musik Lemon reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Musik Lemon's defence of such claim.
8. LINKS TO THIRD PARTY SITES
The Musik Lemon websites may contain links to third party websites ('Link Sites'). These linked sites are not under the control of Musik Lemon and Musik Lemon is not responsible for the contents of any linked sites, including without limitation, any links contained in a 'Link Site', or any changes or updates to a Linked Site. Musik Lemon is not responsible for webcasting or any other form of transmission received from any link sites, nor is Musik Lemon responsible if the linked sites are not working appropriately. Musik Lemon's websites are providing these links to you only as a convenience, and the inclusion of any link does not imply of endorsement by Musik Lemon of the linked site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms & conditions of use posted on the linked sites. Any dealings with third parties including advertisers, included within the Musik Lemon websites or apps generated or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Musik Lemon will not be responsible or liable for any part of any such dealings or promotions.
9. SOFTWARE AND CONTENTS AVAILABLE THROUGH THE WEBSITES
All content and software (Software), if any,that is made available to view and or download in connection with our websites is owned by and is the copyrighted work of Musik Lemon and or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ie. License Agreement. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For Software not accompanied by a License Agreement, Musik Lemon hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms & Conditions of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and or the Software is expressly prohibited by the law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS STRICTLY PROHIBITED.
10. LIABILITY DISCLAIMER
11. INTELLECTUAL PROPERTY
The Musik Lemon websites and apps created including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of our websites and each area contained therein are the property of Musik Lemon and or third-party content providers (In the case of Musik Lemon means our artists and bands and app creators). Musik Lemon owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on our websites (including, without limitation, content that Musik Lemon enables you to download) except where a Musik Lemon website or app allows the end user to share the app or site with another end user using the tools provided on the Musik Lemon websites and app) without the express written permission of Musik Lemon and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from our websites is allowed by you only for your own use. You acknowledge that Be Louder Limited and or third-party content providers (In the case of Musik Lemon, means our artists and bands and app creators) remain the owners of all materials posted on our websites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Musik Lemon does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Musik Lemon Services. After posting your Content on, through or in connection with the Musik Lemon Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Musik Lemon Services, you hereby grant to Musik Lemon license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Musik Lemon Services, including, without limitation, through the Musik Lemon Services to applications, Musik Lemon apps, widgets, websites or mobile, desktop or other services which are linked with your Musik Lemon account (collectively, "Linked Services"), including, without limitation, distributing part or all of the Musik Lemon Services and any Content included therein, in any media formats and through any media channels, except that Content marked "private" will not be distributed by Musik Lemon outside the Musik Lemon Services and Linked Services.
This limited license does not grant Musik Lemon the right to sell or otherwise distribute your Content outside of the Musik Lemon Services or Linked Services. After you remove your Content from the Musik Lemon Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the Musik Lemon Services, you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside of the Musik Lemon Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Musik Lemon Services, Musik Lemon is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
The license you grant to Musik Lemon is non-exclusive (meaning you are free to license your Content to anyone else in addition to Musik Lemon or Musik Lemon service), fully-paid and royalty-free (meaning that Musik Lemon is not required to pay you or anyone else deriving rights from you for the use on the Musik Lemon app or Musik Lemon Services of the Content that you post), sub licensable (so that Musik Lemon is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Musik Lemon apps or Musik Lemon Services), and worldwide (because the Internet and the Musik Lemon appsÂ and Musik Lemon Services are global in reach).
You represent and warrant that:
(i) you own the Content posted by you on, through or in connection with the Musik Lemon apps or Musik Lemon services, or otherwise have the right to grant the license set forth in this Section 6, and
(ii) the posting of your Content on, through or in connection with the Musik Lemon apps or Musik Lemon services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Musik Lemon apps or Musik Lemon services and/or Linked Services. The Musik Lemon apps or Musik Lemon services Services contain Content of Musik Lemon appsÂ ("Musik Lemon App Content"). Musik Lemon App Content is protected by copyright, trademark, patent, trade secret and other laws, and Musik Lemon owns and retains all rights in the Musik Lemon App Content and the Musik Lemon App Services. Musik Lemon hereby grants you a limited, revocable, non sub licensable license to reproduce and display the Musik Lemon App Content (excluding any software code) solely for your personal use in connection with viewing the Musik Lemon App Website, the Musik Lemon website and using the Musik Lemon App or Musik Lemon services.
The Musik Lemon App or Musik Lemon Services contain Content of Users and other Musik Lemon licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Musik Lemon App or Musik Lemon services. Musik Lemon performs technical functions necessary to offer the Musik Lemon Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Musik Lemon Services. In addition, you agree and acknowledge that Musik Lemon may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Musik Lemon App or Musik Lemon services. You can control what type of communications you receive from the Musik Lemon App Services by logging into your account and choosing the appropriate notifications settings in your profile page or by following the unsubscribe instructions contained at the bottom of commercial emails. Musik Lemon reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Musik Lemon App or Musik Lemon services.
12.1 CONTENT POSTED
Please choose carefully the information that you post on, through or in connection with the Musik Lemon App or Musik Lemon services and that you provide to other Users. Your Musik Lemon App profile may not include any form of Prohibited Content, as outlined in Section 5 above. Despite this prohibition, information, materials, products or services provided by other Musik Lemon App Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Musik Lemon assumes no responsibility or liability for this material. If you become aware of misuse of the Musik Lemon App or Musik Lemon services by any person or Linked Service, please click on the "Contact Musik Lemon App" link at the bottom of the Musik Lemon App Website pages. Musik Lemon App may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Musik Lemon App violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Musik Lemon assumes no responsibility for monitoring the Musik Lemon App or Musik Lemon services or inappropriate Content or conduct. If at any time Musik Lemon chooses, in its sole discretion, to monitor the Musik Lemon App or Musik Lemon services, Musik Lemon nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on, through or in connection with any of the Musik Lemon App or Musik Lemon services, and any material or information that you transmit to other Members and for your interactions with other Users.
Musik Lemon App customers can pay for items on Musik Lemon App websites, apps and services by using your PayPal account or Credit Card. When you provide your PayPal or Credit Card details or other payment mechanism information to Musik Lemon, you represent that you are the authorised user of the PayPal or Credit Card that is used to pay the fees.
Musik Lemon does not store any Credit Card information in anyway.
Artist Payments All payments to account holders will be made via PayPal, and you must have a valid, active PayPal account in order to get paid. Failure to open a PayPal account or failure to correctly enter PayPal account details will result in missed payments. Musik Lemon cannot be held responsible for missed payments to you in the event that you fail to correctly open a PayPal account or if you fail to enter your PayPal account details correctly.
What is PayPal?
PayPal is an E-Commerce business which allows payments and money transfers to be made through the Internet or via Mobile Devices. PayPal serves as an electronic alternative to traditional paper methods such as Cheques and Money Orders. A PayPal account can be funded with an electronic debit from a bank account or by credit card. To obtain further information or to open a PayPal account, please use the following link http://www.paypal.com
All artist payments are paid monthly on the final day of each calendar month, in arrears to the artists/ account holders PayPal account, nominated in the artists Musik Lemon App profile page. No payment will made until the artist's account has reached the sum of £10.00 GBP in credit (Ten Pounds Stirling). It is the responsibility of the artist/ account holder to enter correct PayPal account details and to keep PayPal details up to date. Musik Lemon can only make payments to active accounts. Musik Lemon cannot be help responsible for non payment to artists/ account holders due to incorrectly submitted PayPal information . Current payment rates and details can be found by visiting musiklemon.com/artists-apps. Musik Lemon reserves the right to amend, alter, change and update payment structure and pricing of our products without notice or consultation.
Ownership of Music Rights
The Musik Lemon App artist/ account holder must be the legal rights holder of all music offered for sale through Musik Lemon App including both the master track and song/music publishing. The Musik Lemon App artist/ account holder must accept legal ownership of all music uploaded for sale through Musik Lemon by ticking the appropriate box in the Music tab in the app builder. Musik Lemon will only account to The Musik Lemon App artist/ account holder and not any third party, manager, agent, producer, label, publisher or collection society connected to the artist.
The Musik Lemon App artist/ account holder must agree that he/she is unsigned to a record label, unpublished and not bound by any production deal with a production company, label, publisher or any third party. The Musik Lemon App artist/ account holder accepts the all tracks uploaded for sale through Musik Lemon App are not and can not be registered to PRS/MCPS or any other collection society. The Musik Lemon App artist/ account holder accepts that he/ she will be responsible for any legal or administration costs arising from uploading of material for sale through Musik Lemon App of which the The Musik Lemon App artist/ account holder is not the legal owner under the terms of conditions of chapter
The shops ("Shops") on our websites provide you the opportunity to purchase various Musik Lemon App and Musik Lemon products and services. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. All sales tax is set to the prevailing rate of UK VAT (currently set at 20%). You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the Shops in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of any minors who use your computer and or the registration account to access the Shops on our websites.
15. ELECTRONIC SOFTWARE DOWNLOADS REFUND POLICY
Musik Lemon products can be selected as downloadable software from our online store or in app store/stores. Once your credit card or other payment mechanism has been authorised, processing can take up to 2 minutes and you will then receive instructions on how to download your software. If the transmission is interrupted in any way you will initially receive a total of two attempts to download your software. If at any reason you cannot download the software please contact the Musik Lemon technical team at email@example.com Please read the system requirements very carefully before making any purchases. In case of disputes, contact us at firstname.lastname@example.org for further inquires on refunds.
16. FEEDBACK AND TESTING
We want to hear from the users of our sites and services, and your views and feedback matter to us and help us shape our products and services. By submitting any feedback, whether requested or freely offered, whether verbal, by email, or via our websites and/or apps, you agree that your feedback is given to Musik Lemon for free and is unsolicited and without restriction. You agree that Musik Lemon App and Musik Lemon are free to use, exploit and disclose and act on the feedback without restriction or any additional compensation to you whether financial or otherwise.
17. GENERAL TERMS & CONDITIONS
This agreement is governed by the laws of the European Union (EU). You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in London, United Kingdom in all disputes arising out of or relating to the use of our websites. Musik Lemon reserves the right to disclose any personal information about you or your use of the websites, including its contents, without your prior permission if Musik Lemon has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Musik Lemon or its affiliated companies;
(4) act to protect the interests of its Members or others.
Musik Lemon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Musik Lemon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Musik Lemon with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Musik Lemon with respect to its websites, apps and services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Musik Lemon with respect to its websites, apps and services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
TRADEMARKS Musik Lemon App and or other products referenced herein are either trademarks or registered trademarks of Musik Lemon. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.