- ACCEPTANCE OF TERMS
By accessing and using MusicDatak's services ("Services"), you agree to be bound by these terms of service ("Terms"). If you do not agree to these Terms, please do not use our Services.
MusicDatak provides music research services that include tools for testing music titles and analyzing audience satisfaction. However, MusicDatak does not guarantee audience results, as it is up to you, the customer, to define the right strategy for your market and audience, to use the data appropriately and to implement the music programming with the right titles in the right categories, to set up your music programming software in the best possible way, to produce the columns, to coach the hosts, to set up the contests, and other station content.
The StationRadar service provides an overview of the music your audience is currently enjoying and sharing online. Given the diversity of sources from which your audience can discover music, it may happen that songs outside your usual music format appear in StationRadar results. These results are indicative and reflect what your target audience is enjoying at that particular moment, both online and on air.
- NO WARRANTY
The Services are provided on an "as is" and "as available" basis. MusicDatak does not warrant that the Services will be uninterrupted.
- SERVICE INTERRUPTIONS
Although we strive to provide reliable services, interruptions may occur. In the event of API malfunction or other technical problems, we may not be able to provide results within the agreed timeframe. We will endeavor to restore service as soon as possible.
All results from our services are confidential and may not be shared with other radio stations or media groups, nor published in any form without our express permission.
- INTELLECTUAL PROPERTY RIGHTS
The algorithms and configuration methodologies we use for each station are proprietary and protected by intellectual property laws. Any unauthorized use of our intellectual property is strictly prohibited.
If you wish to cancel your membership, we ask you to give us 3 months' notice.
- LIMITATION OF LIABILITY
To the fullest extent permitted by law, MusicDatak shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
You agree to indemnify and hold MusicDatak and its affiliates, directors, officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms.
- MODIFICATIONS TO THESE TERMS AND CONDITIONS
MusicDatak reserves the right to update or modify these Terms at any time without notice. Your use of the services following any such modifications constitutes your agreement to follow and be bound by the new terms.
- GOVERNING LAW
These Terms are governed by the laws of France, and any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the French courts.
- BILLING AND REFUND POLICY
All services provided by MusicDatak are invoiced on a monthly or annual basis. It is the user's responsibility to choose the appropriate plan. No refunds are possible.
- DATA CONFIDENTIALITY
- USER RESPONSIBILITIES
You are responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify MusicDatak immediately of any unauthorized use of your account or any other breach of security. MusicDatak will not be liable for any loss or damage arising from your unauthorized use of your account.
Any feedback, comments or suggestions you may provide regarding MusicDatak services is entirely voluntary and we shall be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- TERMINATION AND SUSPENSION
We may terminate or suspend your account immediately, without notice or liability, for any reason, including, but not limited to, if you fail to comply with the Terms. If you wish to terminate your account, you must provide us with three months' written notice. Upon termination, your right to use the service will cease immediately.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will MusicDatak, its affiliates, directors, employees or licensors be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use or inability to use the service.
- DISPUTE RESOLUTION
You agree that any dispute arising out of or relating to these Terms or your use of the Service shall be governed by the laws of France, without regard to its conflict of law provisions. You agree to resolve any dispute arising out of or relating to these Terms by final and binding arbitration under the rules and auspices of a French arbitration association.
If any provision of these Terms is found to be unenforceable or invalid, such provision shall be modified and construed to effect the intent of such provision to the maximum extent possible under applicable law, and the remaining provisions shall remain in full force and effect.
- NO WAIVER
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MusicDatak's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.