TERMS AND CONDITIONS
POSMUSIC (“POSMUSIC,” “we”, or “us”) provides access to the POSMUSIC mobile software applications and the features and services offered through such applications (collectively, the “Services”). These terms and conditions (“Terms”) govern your access and use of the Services. By accessing or using the Services, you (“you,” “your,” or “User”) accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
I. ACCESS AND USE
- Terms of Access and Use Subject to these Terms, we grant you a PTY LTD, non-exclusive, nontransferable personal license to access and use the Services. By accessing and using the Services, you represent and warrant that you are over 18 years of age, or alternatively over 13 years of age and have the express consent of your parent or legal or guardian to access and use the Services.
- Registration and Accounts From time to time, in order to use certain features of the Services, you may be required register for an account with us (“Account”) and provide certain information about yourself as prompted You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements. Users may also connect, through the Services, to social media accounts such as Facebook, Twitter, and Instagram. In doing so, you are subject to the terms and policies of these third party services, in addition to these Terms.
- POSMUSIC Services Each version of POSMUSIC application allows a User to access music and other content pertaining to a specific musical artist (each, an “Artist”). For each Artist, the Services allows a User to play music directly through the POSMUSIC application, as well as access Artist Content including pictures, biographical information, emojis of the Artist (“Articons”), ringtones, and mobile phone wallpaper (collectively, Artist Content”). Users may also utilize a “Browser” function to access the Internet, and a separate “Connect” function to connect to social media accounts such as Facebook, Twitter, and Instagram. Such capabilities provided by POSMUSIC shall be deemed Services. We make no representations or warranties as to the quality or availability of the Services, which may be canceled or suspended at any time.
- Bonus Content and Payment Through use of the Services, and by viewing advertisements during use of the Services, Users may collect “hearts.” These hearts can be used to redeem bonus Artist Content through the Services, including ringtones, mobile phone wallpaper, and other Artist Content. Like the other Artist Content, the User does not own this content, but accesses it under a revocable and modifiable license from POSMUSIC and/or the Artist (or a third party with whom the Artist has contracted.) In addition to earning hearts through using the Services and viewing advertisements, Users may purchase hearts in order to access bonus Artist Content. Any such purchases are carried out through iTunes or Google Play Store (as applicable), subject to the terms and conditions of the applicable store. Such purchases shall be nonrefundable under any circumstances, including the discontinuance of the Services or the specific User’s access thereto, unless required by the applicable store. Hearts have no redeemable cash value.
- Third-Party Offerings The Services allow you to access websites, content, products or services provided by third parties (“Third Party Offerings”). If you elect to access such Third-Party Offerings, you understand that your use thereof is subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings. We may permit third parties to advertise their products and services through the Services, and those advertisements may contain links to the website(s) of the advertisers. Neither POSMUSIC, nor the Artist(s), are affiliated with, endorse, or recommend, any specific product or service advertised, as these are paid advertisements. We make no representations or warranties as to the quality or characteristics of such advertised goods or services.
- The Services As between you and us, we retain all right, title and interest in and to the Services, and all related intellectual property rights. All rights in and to the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services. All trademarks, logos and Service marks (“Marks”) displayed on the Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s) if not owned by POSMUSIC.
- Applicable Music Rights The Services allow a User to play music through a playlist function (“Playlist”). For each Artist specific application, the Artist manages and updates the songs made available to the User. The User does not acquire any ownership interest in such music, but accesses such music under a license from the Artist or a third party with whom the Artist has contracted. The User authorized to play the music accessible through the Playlist only for private enjoyment. User’s access to the music may be revoked or modified at any time. The Playlist also accesses music stored locally on your mobile device. POSMUSIC or the Artist does not claim to have ownership over such content or the right to grant authorize the User to possess or play such content. . In order to provide new music directly to your mobile device, POSMUSIC utilizes a “dynamic album system,” in which music content is stored on your device, within the POSMUSIC application, and may be added, removed, or rearranged without your interaction with or control over the application. By downloading and installing the POSMUSIC application, you consent to the dynamic management of songs within the app and in your mobile device. From time to time, the Artist may control the album parameters and add, remove, rearrange, or present snippets of songs, and may transmit send audio or video messages to be played along with the album. When altering the content within the POSMUSIC application, the Artist will only have access to POSMUSIC application itself and will not have access to the remainder of the storage on your mobile device.
- Artist Content Rights The Services also allow a User to access certain Artist Content including, but not PTY LTD to, pictures, biographical information, emojis of the Artist (“Articons”), ringtones, and mobile phone wallpaper. The User does not own the Artist Content, but accesses it under a license from the Artist or a third party with whom, the Artist has contracted. User’s access to the Content may be revoked or modified at any time.The term “Articons” is a trademark of POSMUSIC, and may not be used without our prior written consent.
- Restrictions The rights granted to you by these Terms will remain in force no longer than these Terms remain in effect, and may be revoked by POSMUSIC at any time, in its discretion. You may not rent, transfer, assign, resell or sublicense access to the Services to any third-party. You further agree not to combine or integrate the Services with software or other technology or materials not provided by us. You may not copy, store, edit, modify or create any derivative product based on the Services or content available through the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms. You agree not to use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not (f) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts). You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current. You further agree that you will not use the Services in any way that, in POSMUSIC sole discretion, is considered to be offensive, libelous, defamatory, objectionable or abusive.
- We prohibit content that is sexually explicit or contains profanity.
- We restrict the display of nudity because some audiences within our global community may be sensitive to this type of content.
- We remove users who impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- We prohibit publishing the personal information of others without their consent.
- We don’t tolerate bullying or harassment and remove content that appears to purposefully target private individuals with the intention of degrading or shaming them.
- We prohibit content that promotes or encourages suicide or any other type of self-injury, including self-mutilation and eating disorders.
- We prohibit making credible threats to public figures, as well as hate speech directed at them – just as we do for private individuals.
- We prohibit any attempts by private individuals to purchase, sell, or trade prescription drugs, marijuana, firearms or ammunition.
- We ask that you respect copyrights, trademarks, and other legal rights and prohibit any contents which is infringing on the proprietary rights of others.
- We may remove in our sole and exclusive discretion any content which corresponds with any of the above.
- We may also block or cancel user accounts of users who have uploaded any prohibited content.
- Feedback We may request or allow you to provide feedback, suggestions and reviews regarding the Services (collectively, “Feedback”). You hereby represent and warrant that: (a) all Feedback will be original to you or in the public domain; (b) the Feedback shall be provided by you in good faith, and shall not be misleading, false, or defamatory of any third party and (c) POSMUSIC use of such Feedback shall not violate the intellectual property rights of any third party. By providing Feedback, you hereby irrevocably assign to us all rights in the Feedback and agree that we shall have the right to edit, modify, and use, or not use, or delete such Feedback and related information. We may continue using any Feedback you provide after you have discontinued your use the Services. We will treat any Feedback you provide to us as non-confidential.
III. PTY LTD WARRANTIES, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
- PTY LTD Warranties The services, all information, content, materials and services related to the foregoing, and the products (except as expressly set forth herein) are provided “as is” and “as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not PTY LTD to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. If applicable law requires any warranties with respect to the services, all such warranties are PTY LTD to the shortest duration and scope allowable. We and our affiliates do not warrant that your use of the services will be uninterrupted, error-free or virus free. You will be solely responsible for any damage to your computer system or loss of data that may result from reliance upon the services, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. Furthermore, we make no warranties with respect to any provider in our database, with regard to availability, suitability, quality, or reliability of that provider, or otherwise. We do not guarantee the security of any information transmitted to or from the services; and you agree to assume the security risk for any information you provide using the services. No representation or warranty is made that the services provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the services and from the output of the services.
- Limitation of Liability Use of our services is at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these terms or the services whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these terms or the services exceed the greater of (1) fifty dollars (u.s. $50.00) or (2) the amounts you have paid to gathered in the prior 6 months hereunder, if any. You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the services to you, and we would not provide the services to you without this limitation.
- Indemnification You agree to indemnify, hold harmless and, at our option, defend gathered (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any breach of this agreement on your part, or from your interactions or negotiations with, or engagement or use of a provider.
IV. TERM AND TERMINATION
These Terms will become effective and binding when you download and use the Services. We reserve the right to terminate these Terms and your access to the Services at any time without notice.
- Jurisdiction and Venue These Terms shall be governed by the laws of Hong Kong without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Services (a “claim”) must be brought in the appropriate court located in Hong Kong and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, we may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. You agree that any claim or cause of action related to the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Modifications to Services We reserve the right to modify the Services at any time without notice. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services, except and if otherwise expressly set forth herein.
- Miscellaneous Terms You agree to comply with all laws, rules and regulations that apply to your use of the Services. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Note to International Users the Services are hosted in the United States. If you are a User accessing the Services from any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
VI. RULES FOR IN-APP GIVEAWAYS.
From time to time, the featured artists may offer promotional giveaways and contests (“Promotions”) to the users of their POSMUSIC app. Unless a given artist specifies the applicability of alternate rules in connection with the advertisement of such a Promotion, the following rules will govern.
No purchase is necessary to enter a Promotion. To enter, simply follow the instructions provided by the artist. The available prize, applicable time periods, and method of determining a winner will be as set forth by the artist through the POSMUSIC app.
PROMOTIONS ARE OPEN ONLY TO QUALIFIED ENTRANTS. VOID WHERE PROHIBITED.
Promotions may be PTY LTD to those users who have reached the age of majority in the state in which they reside. The artist, or POSMUSIC, may allow minor users to participate in a given Promotion, subject to additional parental consent in form acceptable to POSMUSIC.
THE WINNER SHALL BE SOLELY RESPONSIBLE FOR ANY TAXES ARISING AS A RESULT OF RECEIVING THE PRIZE. IF THE WINNING USER DOES NOT WISH TO BEAR RESPONSIBILITY FOR SUCH TAXES, THEY MAY DECLINE TO ACCEPT THE PRIZE.
The selected winner will be contacted through the POSMUSIC app. Additional personal information may then be collected from each winner as necessary to verify eligibility.
If we do not receive an acceptance from the winner within forty-eight (48) hours of selection and notification, or if we determine a winner to not be eligible for this contest, we reserve the right to select an alternate winner.
The winner may be required to submit an affidavit further confirming their eligibility and acceptance of the terms and conditions set forth in these rules, and releasing POSMUSIC, the applicable artist and our affiliates from liability in connection with the Promotion in order to receive their prize.
Prizes shall not be redeemable for cash. POSMUSIC or the applicable artist may cancel, reschedule or modify the available prize upon written notice to the winner. POSMUSIC reserves the right to substitute like prizes of equal or similar value. POSMUSIC shall not be responsible for lost, stolen, misdirected, delayed, destroyed or illegible entries or submissions or any failure of the POSMUSIC app. This contest is subject to these terms and any other rules at any time promulgated by us. POSMUSIC reserves the right to amend these rules as applied to a given Promotion at any time in its sole discretion.