MusicDatak Terms of Service/User Agreement

1. Introduction

This Agreement ("Agreement") is entered into by and between ZNIBER Media, the owner of MusicDatak (from now on referred to as "MusicDatak," "we," "us," or "our"), and you, the User of MusicDatak's services (the "User" and together with MusicDatak, the "Parties"). The Agreement sets forth the terms and conditions governing users' access to and use of MusicDatak's services available on the MusicDatak website (the "Services").

2. Acceptance and Modification of the Agreement

2.1. Acceptance
By accessing and using the Services, the User acknowledges and accepts the terms and conditions in this Agreement. If the User does not agree to the terms and conditions, they must not access, browse, or use any Services.

2.2. Modification of Terms
MusicDatak reserves the right, in its sole discretion, to modify, amend, add, or delete provisions in this Agreement occasionally. Any such changes will be effective immediately upon posting, and the User's continued use of the Services after any such change constitutes their acceptance of this Agreement as amended.

3. Scope and Purpose of the Services

3.1. Scope of the Services
MusicDatak is a service that provides Users with access to music data research tools covering several aspects of the music industry. The Services include but are not limited to music testing services, audience satisfaction analysis tools, and music title research capabilities (the “Tools").

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 your radio station imaging package, to coach the hosts, to set up the contests, and other station content.

3.2. Purpose of the Services
The primary purpose of the Services is to provide Users with access to Tools designed to support their activities in the music industry. Users may use these Tools for various purposes, such as improving their understanding of their target audience's preferences, evaluating the performance of their selected tracks, and discovering new music.

4. User Account and Registration

4.1. Creating a User Account
To access the Services, Users must create a personal account by providing accurate, complete, and up-to-date information, including their first and last name, e-mail address, and password. Users are responsible for maintaining the confidentiality of their account information and password and for all activities that occur through their accounts.

4.2. Age Restriction and Eligible Users
To use the Service, the User represents and warrants that they are at least 18 or possess legal parental or guardian consent. Users affirm that they are either over 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set in the Agreement and abide by and comply with them.

4.3. User Account Security
Users are responsible for maintaining the security of their user account and agree to notify MusicDatak immediately of any unauthorized uses of their account or any other breach of security.

5. License and Intellectual Property

5.1. Grant of License
Subject to the terms and conditions outlined in this Agreement, MusicDatak grants to the User a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Services and its associated Tools for their personal, non-commercial use.

5.2. Ownership of Intellectual Property
The User acknowledges that all intellectual property rights in the Services, Tools, and any associated content, including but not limited to copyrights, patents, trademarks, and trade secrets, are and shall remain the exclusive property of MusicDatak or its licensors.

5.3. Restrictions on Use
The User agrees not to (a) modify, reverse engineer, decompile, disassemble, adapt, reproduce, transmit, distribute, create derivative works from or otherwise exploit any part of the Services or Tools; (b) remove or alter any proprietary notices, legends, symbols, or labels on the Services or Tools; (c) copy or infringe any intellectual property rights of any third party; or (d) sublicense, rent, lease, assign, transfer, pledge, or encumber any of the rights granted under this Agreement.

6. User Conduct and Obligations

6.1. Compliance with Applicable Laws
Each User agrees to comply with all applicable laws, regulations, and rules in connection with their use of the Services and their activities under this Agreement, including but not limited to any laws governing the transmission of technical data, export and import control laws, and regulations, and privacy and data protection laws.

6.2. Prohibited Activities
The User agrees not to use the Services or Tools for any purpose that is illegal, harmful, or against the interests of MusicDatak, its licensors, or any other User or third Party. The User further agrees not to interfere with the proper functioning of the Services, attempt to gain unauthorized access to any of MusicDatak's computers, servers, or networks, or impose an unreasonable load on the Service's infrastructure.

7. Fees and Payment

7.1. Fees and Subscription Plans
Access to the Services may be subject to fees, including but not limited to subscription fees, as described on the MusicDatak website or in the Agreement. Prices for the Services are subject to change without prior notice.

7.2. Payment Terms
Fees are due and payable before the Services' access period and shall be invoiced and paid according to the chosen subscription plan (e.g., annual or bi-annual). The User is responsible for providing accurate and up-to-date payment information.

7.3. No Refunds
All fees paid for the Services are non-refundable and non-transferable unless otherwise agreed in writing by MusicDatak.

8. Term and Termination

8.1. Term
This Agreement shall commence on the date the User first accesses or uses the Services and shall continue in effect until terminated in accordance with its provisions.

8.2. Termination for Convenience
Either Party may terminate this Agreement upon three (3) months' prior written notice to the other Party for any reason or for no reason.

8.3. Termination for Cause
MusicDatak may terminate this Agreement immediately and without any liability in the event the User breaches any material term or condition of this Agreement, including but not limited to a violation of Section 5 or Section 6 or non-payment of the required fees.

8.4. Effect of Termination
Upon termination of this Agreement, all rights granted to the User under this Agreement shall immediately terminate, and the User shall cease all use of the Services and Tools.

9. Warranty Disclaimer

9.1. No Warranty
The Services and Tools are provided on an "as is" and "as available" basis and are accessed and used at the User's sole risk. MusicDatak expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2. Disclaimer of Service Availability
MusicDatak does not warrant that:

  1. The Services or Tools are timely, uninterrupted, or free from defects.
  2. The results that may be obtained from the use of the Services or Tools will be accurate or reliable.
  3. Any errors or defects in the Services or Tools will be corrected.

10. Limitation of Liability

10.1. Exclusion of Certain Types of Damages
In no event shall MusicDatak, its affiliates, licensors, or their respective shareholders, directors, officers, employees, or agents be liable to the User or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages of any kind, including but not limited to lost profits, loss of use, loss of data, or any other intangible loss, arising from or related to this Agreement or the use of the Services or Tools.

10.2. Limitation of Liability
To the maximum extent permitted by applicable Law, neither MusicDatak nor its affiliates or licensors shall be liable for any direct damages exceeding, in the aggregate, the fees paid by the User to MusicDatak for the use of the Services provided under this Agreement during the six (6) months immediately preceding the event giving rise to the claim.

11. Indemnification

The User agrees to indemnify, defend, and hold harmless MusicDatak and its affiliates, licensors, and their respective shareholders, directors, officers, employees, and agents from and against any claims, demands, liabilities, damages, losses, judgments, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to the User's breach of this Agreement or their use of the Services or Tools.

12. Dispute Resolution

12.1. Governing Law
This Agreement shall be governed by and construed by the laws of France without regard to its conflict of laws provisions.

12.2. Arbitration
Any dispute arising from or relating to this Agreement or the User's use of the Services shall be resolved by final and binding arbitration under the rules and auspices of a French arbitration association to be agreed upon by the Parties.

13. Miscellaneous

13.1. Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision

shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

13.2. No Waiver
No waiver of any term of this Agreement 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 this Agreement shall not constitute a waiver of such right or provision.

13.3. Entire Agreement
This Agreement, together with any other documents incorporated herein by reference, constitutes the entire Agreement between the Parties and supersedes all prior and contemporaneous understandings, communications, agreements, representations, and warranties, whether oral or written, relating to the subject matter of this Agreement.

13.4. Assignment
The User may not assign or delegate any rights or obligations under this Agreement without MusicDatak's written consent. MusicDatak may freely assign or delegate its rights and obligations under this Agreement.

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