FreqMusic - Terms of Use

 

Welcome to the FreqMusic's Terms. Thank you for choosing to use our services.


In these FreqMusic Terms we have set out important legal terms that apply to you and us, but before we do so here are a number of matters that you should read:

 

The basis of how we operate

 

  1. We believe our Partners act in good faith in their dealings with each other, Partner Content, Listeners and the FreqMusic Platform.

  2. We respect the rights of rights holders in Partner Content, and as such we are creating a User generated content platform that does just that:

    1. We require that Content uploaded to our platform is non-infringing. It’s our goal to find practical and workable solutions to ensure that to the best of our ability. For that, we have put in place a number of mechanisms that seek to both protect and allow growth for us all, Partners, rights holders and FreqMusic, for example by scanning uploaded content by sound recognition software.

    2. We are pursuing blanket licensing arrangements with rights holders or their representatives that cover both musical compositions and recordings contained in Partner Content uploaded to the Platform.

    3. We also follow diligent procedures that protect the rights of rights holders that are streamlined with legal requirements including the U.S. Digital Millennium Copyright Act (DMCA) and Article 17 of the European Directive on Copyright and Related Rights in the Digital Single Market.

  3. We have also installed a “united we stand” Partners pact to allow the internal resolving of disputes between our Partners. This is a cooperative effort of the FreqMusic community, and we wish to respect that.

 

A. Introduction to our Services

 

  1. FreqMusic is a user generated content platform. We offer our Partners, such as DJs, Clubs, Promoters, Agencies, Labels and other Electronic Music industry players and content owners/representatives, the ability to create their own Music Channels and to upload, share and discover audio recordings, photographs, graphics, images, artwork, trademarks and information relating to audio recordings and other content, all generated by Partners ("Partner Content"). The Music Channels created by our Partners are referred to in these FreqMusic Terms as ("Partner Channel(s)").

  2. Partner Channels will give Partners unique insights into how Partner Content uploaded to their Partner Channels performs, as well as the ability to promote Partner Content and to personally interact with Listeners.

  3. Our Services offer Listeners the ability to listen, view, educate, interact and share Partner Content and to discover, follow and collate on Listeners' My Music page, any Partner Channels and Partner Content available on the FreqMusic Platform.

  4. The extent of the features available to any Listener as per the FreqMusic Services, will depend on the FreqMusic Plan chosen and paid for. Notwithstanding, we may decide to allow our Users free access to FreqMusic Plans for specified periods that would otherwise attract payment. Further, access to the the FreqMusic Services may be limited to certain countries only.  

  5. Our Services are intended for your private use only. Use of our Services in a public or commercial setting is prohibited.

  6. We may from time to time, run campaigns, competitions, prize draws or other similar incentives on the FreqMusic Platform (“Campaigns”). Such Campaigns will have designated Campaign Terms and Conditions to which you will be directed. It is your responsibility to read such Campaign Terms and Conditions so as to ensure your eligibility/compliance with them.

  7. We may be required to perform technical functions necessary to offer the FreqMusic Services, including but not limited to transcoding and/or reformatting of Partner Content so as to allow its use in the FreqMusic Platform.

 

B. Legal agreement between us

 

  1. These FreqMusic Terms ("FreqMusic Terms") set the terms and conditions applicable to our Users, being either DJs, Clubs, Promoters, Agencies, Labels and other Electronic Music industry players and content owners/representatives who set up Partner Channels on the FreqMusic Platform ("Partners") and/or individuals consuming the content for personal and non-commercial use only ("Listeners"), with respect to the Freq Website, the Freq App (collectively – the "FreqMusic Platform") and/or any FreqMusic Services offered by us through the Freq Website or the Freq App, collectively – the "FreqMusic Services", “our Services”). You can find detailed descriptions of the FreqMusic Services and FreqMusic Plans on the FreqMusic Platform.

  2. The FreqMusic Terms constitute a binding and enforceable legal agreement between Sine Music Ltd. ("FreqMusic", "us" or "we") and you, whether you are a Partner and/or Listener (each also referred to as a "User" or "you") in relation to your use of any of the FreqMusic Services. Therefore, please read them carefully.

 

You may use the FreqMusic Services and/or the FreqMusic Platform only if you fully agree to the FreqMusic Terms. By using and/or registering to any of the FreqMusic Services, you signify and affirm your informed consent to the FreqMusic Terms applicable to your use of any FreqMusic Services. If you do not read or fully understand and agree to the FreqMusic Terms, you must immediately leave the FreqMusic Platform and discontinue all use of the FreqMusic Services. Our Customer Support will be happy to try and assist you with any queries/requests that you may have. To get in touch with our Customer Support, please contact us at support@freqmusic.com.

 

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY AGREE WITH OUR PRIVACY POLICY ("Privacy Policy").

 

 

C. Your Listener Account

 

  1. Although Listeners may browse the FreqMusic Platform and enjoy some of its features free of charge and without registering, parts of our Services will require Listeners to register and create a Listener Account ("Listener Account") and to select and pay for a specific FreqMusic Plan ("FreqMusic Plans"). The various FreqMusic Plans, and the features and perks they offer are described in more detail in the FreqMusic Platform.

  2. If anyone other than yourself accesses your Listener Account settings, any actions they perform will be deemed to have occurred on your behalf and in your name. We therefore encourage you to keep your log-in credentials to your Listener Account confidential, and to allow such access only to people you trust.

  3. When registering your Listener Account and when using the FreqMusic Services you must provide accurate and complete information. This will help us in maximizing the Services we give you.

  4. Depending on the FreqMusic Plan chosen by you, the FreqMusic Services, may make Partner Content available in off-line mode (via what is known as temporary storage) for as long as you have a valid subscription to the FreqMusic Plan chosen by you.

  5. We may from time to time offer trials of any of the FreqMusic Plans, either without payment or at a reduced rate for a period to be specified (“Trial”). We may ask you to provide payment details to start a Trial so that we may commence charging you automatically for the FreqMusic Plans chosen by you following the end of the Trial on a basis (monthly or yearly) to be notified to you in advance. If you wish to cancel such a charge, you must do so prior to the end of the Trial.

  6. Payment for the FreqMusic Plan chosen by you will be made in advance and transacted by a Third-Party Payment Gateway (“Third-Party Payment Gateway”) that will be presented to you during the purchase process. In addition to the terms of this agreement, you will be required to agree to the terms and conditions of the Third-Party Payment Gateway.

  7. Once you complete the payment process, you will be able to access the FreqMusic Plan chosen by you. Please be aware that you may not transfer your FreqMusic Plan subscription to any third party.

  8. As regards FreqMusic Plans paid for, in accordance with your statutory rights, you may withdraw (discontinue) your subscription without giving any reason and be entitled to receive a full refund of all sums paid (“Right of Withdrawal”). You hereby acknowledge that if you receive or access the FreqMusic Plan subscribed to during Right of Withdrawal period, you will lose your statutory right to cancel your purchase. To exercise your Right of Withdrawal, please contact us at support@freqmusic.com. Once we receive your notice of withdrawal, you will not be able to enjoy access to the FreqMusic Features which were attached to the FreqMusic Plan you withdrew from. In respect of any refund processed by us as per your Right of Withdrawal, you will be refunded any amount due to you using the method used by you for payment.

  9. The length of your subscription to the FreqMusic Plan chosen by you will depend on whether you chose a monthly payment option or a yearly payment option. If you choose a monthly payment option, your FreqMusic Plan subscription will run from month to month, and will renew automatically at the end of each monthly period unless you cancel your FreqMusic Plan subscription before the day of renewal.

  10. If you choose a yearly FreqMusic Plan subscription your subscription will run for a 12-month period, and will thereafter renew automatically for additional 12-month periods unless you cancel your subscription before the applicable day of renewal in which case your subscription will not renew at the end of the 12-month subscription period.

  11. You may cancel the auto renewal of your FreqMusic Plan subscription and/or you can cancel your FreqMusic Plan subscription. For more detailed information on renewal or cancellation of your subscription, please refer to the following:      Apple (if you have downloaded the FreqMusic App from the Apple App store): 
    https://support.apple.com/en-il/HT202039
    Google (if you have downloaded the FreqMusic App from the Google Play store): 
    https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=en

  12. Upon cancellation of your FreqMusic Plan subscription, you will lose access to the FreqMusic Plan cancelled including any of the FreqMusic Features attached to that FreqMusic Plan.

  13. If you have received or purchased a FreqMusic Plan subscription as part of a special offer or campaign (“Special Offer”), then the terms of such Special Offer shall form a part of these FreqMusic Terms and shall be valid only for Users in the country where such Special Offer is issued.

  14. We reserve the right to accept or to refuse subscriptions of Listeners at our sole discretion.

D. Your Partner Account

  1. In order to access and use the FreqMusic Services as a Partner, you must first register and create an account with us ("Partner Account").

  2. If anyone other than yourself accesses your Partner Account and/or any of your Partner Channels' settings, any actions they perform will be deemed to have occurred on your behalf and in your name. We encourage you to keep your log-in credentials to your Partner Account confidential, and to allow such access only to people you trust.

  3. You must choose an accepted method of payment to you, such as a bank account or a PayPal account (“Partner Payment Details”).

  4. You must provide accurate and complete information when registering your Partner Account and when using the FreqMusic Services.

  5. For a view of the Commercial Flow applicable to Partners, please see Annex A to these FreqMusic Terms ("Commercial Flow"(. Please be aware that the information contained in the Commercial Flow is subject to change without notice due to variations that may emanate from repertoires licensed and given future developments.

  6. Any sums due to you as a Partner (“Partner Balance”) will be accounted to you as follows:

  7. We will provide you with a report setting out any sums due to you (“Partner Balance”) within fifteen (15) working days after the end of each calendar quarter (31.3, 30.6, 30.9, 31.12) (“Periodic Report”)

  8. In the event that your Partner Balance in a Periodic Report exceeds US$100, we will pay such Partner Balance to you to the Partner Payment Details provided by you as against an Invoice from you. Your Partner Balance, is inclusive of VAT, if VAT is applicable.

  9. In the event that your Partner Balance does not exceed US$100, such sum will remain in your Partner Balance and will be paid to you once your Partner Balance in a particular Periodic Report exceeds US$100. In the event that you wish to be paid your Partner Balance even if such sum is lower than US$100, then please contact us at support@freqmusic.com.

  10. You will be responsible for any taxes applicable to your Partner Balance and any payments made to you.

  11. Your Partner Balance will be in US Dollars. Given that Listeners may make payments in other currencies, you will bear the cost of any currency conversions and processing fees, if any.

  12. We may freeze any Partner Balance due to you where we are required to do so by a competent legal authority or if we suspect that you are engaging in fraudulent activity on the FreqMusic Platform.

E. Rights of Cancellation and Termination

Your right to cancel

  1. You may discontinue to use and request to terminate your Partner Account and/or Llistener Account and/or any FreqMusic Services at any time by providing or Customer Support with written notice at support@freqmusic.com. Your notice will enable us to start the process of termination of your Account.

  2. If you have a Partner Account, any Partner Balance in your Partner Account will be paid to you within 30 days from the Periodic Report following the termination of your Partner Account.

  3. If you have a Llistener Account and have a FreqMusic Plan subscription, and you wish to terminate this Agreement before the end of such subscription, then please be aware that we will not pay any refund for any unexpired period of such subscription. Your statutory right of withdrawal as per clause C. 9. above is not affected by this.

Our right to cancel

  1. If you fail to comply with any of the material terms of these FreqMusic Terms, then this will entitle us to suspend or cancel your Partner Account and Partner Channel (or certain of its features), as well as the provision of any related FreqMusic Services to you.

  2. If you have a FreqMusic Plan subscription and we terminate your Listener Account as a result of your material breach of these FreqMusic Terms, then we will not pay you any refund for any unexpired period of such subscription.

  3. If you have a FreqMusic Partner Account and we terminate your Partner Account as a result of your material breach of these FreqMusic Terms, all your Partner Content and any data relating to the usage of your Partner Content may be deleted by us, except to the extent that we are obliged or allowed to retain such Partner Content or data by law and/or so as to protect our legitimate interests. In light of this, please regularly back up any Partner Content that you have uploaded to your Partner Account.  

Loss of information and content

If your Partner Account or any FreqMusic Services related to your Partner Account are terminated (whether at your request or at our discretion in the event of your material breach of the FreqMusic Terms as above), it may cause or result in the loss of certain features or capacity of your Partner Account, including any Partner Content or other use information ("Capacity Loss"). We shall not be liable in any way for such Capacity Loss.

F. Our Username Policy

Although choice of Partner Account or Partner Channel or Listener Account usernames ("FreqMusic Username(s)"), are generally at the discretion of the Users, FreqMusic does reserve the right, at its sole discretion, to reject, remove, change or request the changing of a FreqMusic Username in cases where a FreqMusic Username may be offensive, misleading, squatting, confusing to consumers, inappropriate, etc.

 

G. Your promises to us

 

Age and residence

  1. You are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the FreqMusic Terms and to form a binding agreement, for yourself or on behalf of any person or entity represented by you.

  2. You are not a resident of and/or you will not use the FreqMusic Services in a country that the U.S. government has embargoed, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or are subject to any other applicable trade sanctioning regulations.

  3. Your country of residence or incorporation is the same as the country specified in the contact address you provide us with.

Your Partner Content

  1. You have all required permissions in all copyrights and/or other intellectual property rights in all Partner Content uploaded by you to your Partner Channel, thus enabling you to upload such Partner Content and to grant FreqMusic and FreqMusic Users the rights as herein described. Such permissions that you have in Partner Content shall hold FreqMusic harmless from any claim whatsoever from any entity.

  2. All moral rights in all Partner Content uploaded by you have been waived by those entitled to them to the fullest extent permissible by law.

  3. FreqMusic may use the names, pictures, biographical material of any persons and/or entities whose performances, images, videos, creations are contained in Partner Content in any promotional and/or marketing materials for the FreqMusic Services.

  4. Partner Content uploaded by you will not be defamatory, libelous, racially or religiously offensive or contain obscene, pornographic, violent, or harmful material.

  5. With respect to any Partner Content uploaded, you and/or other rights owners retain full ownership rights in all such Partner Content, with such rights owners agreeing to the upload and any contemplated or possible use of such Partner Content. Further, FreqMusic is hereby granted, to the fullest extent permissible by law, a non-exclusive, worldwide, sub-licensable, transferable, royalty free, perpetual license to use, copy, transcode, store, display, publicly perform, perform, make available, upload, download and stream, whether on demand/interactively or otherwise, whether online or offline, all such Partner Content on the FreqMusic Platform and/or Partner Channels and/or for the purposes of the FreqMusic Services.

  6. For the purpose of the FreqMusic Services, FreqMusic Users/Listeners, are granted by you, to the fullest extent permissible by law, a non-exclusive, perpetual, worldwide license to perform, make available, make copies, download and/or stream, on demand/interactively or otherwise, online or offline, Partner Content on the FreqMusic Platform and/or Partner Channels and/or for the purposes of the FreqMusic Services.

Generally

 

  1. You will fully comply with all legal requirements and any other contractual terms which govern your use of the FreqMusic Services.

  2. You will be solely responsible and liable for any uses of the FreqMusic Services which occur under your Partner Account and/or Partner Channel(s), and for any of your Partner Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such Partner Content on or with respect to the FreqMusic Services).

  3. You will receive from time to time promotional messages and materials from us or our partners. If you wish not to receive such promotional materials or notices, please notify us accordingly.

  4. Please be aware that we have the right to impose different restrictions as to the upload, storage, streaming, download and other use of our Services.

You will not:

  1. Copy, modify, create derivative works, download, adapt, reverse engineer, migrate to another service, translate, compile, decompile or disassemble the FreqMusic Platform or its Partner Channels or the FreqMusic Services without FreqMusic's prior written consent and/or as expressly permitted under these FreqMusic Terms.

  2. Submit, transmit or display any Partner Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, racist, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of FreqMusic or any third party, or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit written approval.

  3. Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services.

  4. Upload, insert, collect or otherwise make available within the FreqMusic Platform or the FreqMusic Services, any malicious, unlawful, defamatory or obscene Content.

  5. Publish and/or make any use of the FreqMusic Services on any website, media, network or system other than those provided by FreqMusic and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of the FreqMusic Services and/or Partner Channel, except as expressly permitted by FreqMusic, in advance and in writing.

  6. Use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the FreqMusic Services or in any way reproduce or circumvent the navigational structure or presentation of any of the FreqMusic Services so as to obtain or attempt to obtain any content, materials, documents, services or information through any means not purposely made available through the FreqMusic Services.

  7. Act in a manner which might be perceived as damaging to FreqMusic's reputation and goodwill or which may bring FreqMusic into disrepute.

  8. Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use FreqMusic trademarks and/or variations and misspellings thereof.

  9. Impersonate any person or entity or provide false information on the FreqMusic Services and/or Partner Channel, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to FreqMusic and/or any FreqMusic Users.

  10. Reverse look-up, trace, or seek to trace another User of FreqMusic Services, or otherwise interfere with or violate any other User's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the FreqMusic Services and/or Partner Channel without their express and informed consent.

  11. Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the FreqMusic Services, Partner Channel, the Partner Accounts of other Users or any other systems or networks connected to the FreqMusic Services, by hacking, password mining or other illegitimate or prohibited means.

  12. Probe, scan, or test the vulnerability of the FreqMusic Services or any network connected to the FreqMusic Services.

  13. Upload to the FreqMusic Services and/or Partner Channel or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.

  14. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the FreqMusic Services or FreqMusic's systems or networks connected to the FreqMusic Services, or otherwise interfere with or disrupt the operation of any of the FreqMusic Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

  15. Use any of the FreqMusic Services and/or Partner Channel in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising practices.

  16. Sell, license, or exploit for any commercial purposes any use of or access to the FreqMusic Services, except as expressly permitted by these FreqMusic Terms.

  17. Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any entity.

  18. Violate, attempt to violate, or otherwise fail to comply with any of the FreqMusic Terms or any laws or requirements applicable to your use of the FreqMusic Services.

  19. Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

  20. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein, may result in the immediate termination of your Partner Account and/or Listener Account and/or any FreqMusic Services provided to you, with or without notice to you.

H. Ownership and rights in Partner Content

 

  1. We do not claim ownership rights in Partner Content. You, those whom you represent or other rights holders, remain rights holders in all intellectual property pertaining to Partner Content uploaded by you to your Partner Channel.

  2. All rights, title and interest in and to the FreqMusic Services, including, but not only, any copyrightable materials or any other content which is or may be subject to any intellectual property rights under any law, such as any artwork, graphics, images, literary or musical works, the "look and feel" of the FreqMusic Services, methods, products, algorithms, data, interactive features and objects, inventions, trade secrets, logos, domains, trademarks, whether registered or not ("FreqMusic's Intellectual Property"), and any derivatives thereof, are owned by and/or licensed to FreqMusic.

  3. Subject to your full compliance with the FreqMusic Terms, FreqMusic hereby grants you, upon creating your Partner Account and for as long as FreqMusic provides you with the FreqMusic Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the FreqMusic Services as per the terms of these FreqMusic Terms.

  4. These FreqMusic Terms do not convey any right or interest in or to FreqMusic's Intellectual Property and nothing in the FreqMusic Terms constitutes an assignment or waiver of FreqMusic's Intellectual Property rights under any law.

I. Your feedback and suggestions

 

If you provide us with any suggestions, comments or other feedback relating to the FreqMusic Services ("Feedback"), you acknowledge and agree that we may use it in order to: (i) further develop, customize and improve the FreqMusic Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized FreqMusic related notices based on your feedback or otherwise, (iv) offer promotions and monitor performance, (v) create aggregated statistical data and other inferred information, which we may use to provide and improve our Services, (vi) enhance our data security and fraud prevention capabilities, and (vii) comply with any applicable laws and regulations.

 

J. Privacy

 

Certain parts of our Services require or involve the submission, collection and/or use of certain personally identifiable information. In particular and as a part of accessing or using the FreqMusic Services, we and Third-Party Services may collect, access and use certain of your information, including, but not only, the activities undertaken by you in the FreqMusic Services and/or Partner Channels. Please read our Privacy Policy and each such Third-Party Services' relevant privacy policies on a regular basis, for a description of such collection of information and use practices and your choices and rights relating to such information.

 

K. Third-Party Services

 

  1. Our Services may enable you to engage certain Third-Party services ("Third-Party Services").

  2. Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility.

  3. FreqMusic may, at any time and at its sole discretion, suspend, disable access to or remove from your Partner Account, Partner Channel(s) and/or the FreqMusic Services, any Third-Party Services, whether or not incorporated with or made part of your Partner Account and/or Partner Channel(s) at such time, and without any liability to you.

L. Copyright & IP

 

  1. FreqMusic respects the rights of others and we expect you to do the same. Users are required to upload Partner Content that does not infringe the rights of others. Notwithstanding, given that we are a user generated platform, it is impossible for us to verify whether Partner Content submitted to the FreqMusic Platform has been fully cleared for copyright or other intellectual property law purposes. We cannot therefore assume responsibility for any Partner Content uploaded to the FreqMusic Platform. All Partner Content submitted to Partner Channels are the sole responsibility of Users who upload them. Any recourse for any damage that any entity may suffer shall be to such Users.

  2. FreqMusic acts in accordance with the U.S. Digital Millennium Copyright Act ("DMCA") and we therefore have in place procedures for receiving written notifications of claimed copyright infringements and counter notices for improperly submitted claims of copyright infringements.

  3. If you believe that any Partner Channel contains Partner Content that infringes your copyright, you may notify us of such infringement by providing the following information in writing to our designated DMCA Copyright Agent (contact details below): (1) the contact details of the person authorized to act on behalf of the owner of the copyright including full name, address cell phone number, a valid email address, and your FreqMusic user name if any; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit FreqMusic to locate the material such as the name of the relevant Partner Channel; (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Further, in the event that you desire that your notice to be considered as a notice pursuant to the US DMCA 17 U.S.C. §512(c), then please also include your electronic or physical signature and your notice must be sent to our designated copyright agent by email and/or by mail as follows:

 

  • Music's Copyright Agent can be reached at the following address:

 

Sine Music Ltd.

Attn: Freq Copyright Agent

E-mail: dmca@freqmusic.com

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing the copyrights of others.

In the event that FreqMusic receives notice regarding copyright infringement related to your Partner Channel, it may cancel your Partner Account, take your Partner Channel down or remove any Partner Content, in its sole discretion, with or without prior notice to you. In such case, you may file a counter-notice in accordance with Sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notice, we may reinstate the Partner Content. To submit a counter notification, you must provide us with a written notice that must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA.

FreqMusic reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

  1. The counter-notice may be sent to our copyright agent (above mentioned). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.

  2. Any notices filed pursuant to this Section may be deemed accepted, applicable, and compliant with the DMCA, or not, at FreqMusic's sole and reasonable discretion.

  3. The aforementioned applies to copyright infringement. In the event that you discover Partner Content that you believe to be in violation of other intellectual property rights such as trademark rights, patent rights, rights of privacy and/or publicity, confidential information etc., or in violation of these FreqMusic Terms such as Partner Content which is abusive, obscene, pornographic, offensive etc. then please report this to us to the following email: support@freqmusic.com.

M. Disclaimers

 

  1. We provide the FreqMusic Services on an "as is" and "as available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty, to the fullest extent permitted by law. Specifically, we do not represent or warrant that our Services are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools, or comply with any laws applicable to any jurisdiction in which you reside/operate, or that their operation will be free of any viruses, bugs or other harmful components or limitations. Further, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via our Services, so please be sure to verify those before using them.

  2. We may, at our sole discretion and without any obligation to do so, screen, monitor and/or edit any Partner Channel and/or Partner Content, at any time and for any reason, with or without notice to you. If we do choose to monitor any Partner Channel and/or Partner Content, we assume no responsibility or liability to you for any Partner Content available on the FreqMusic Platform.

  3. Notwithstanding anything to the contrary in the foregoing, under no circumstances will we be considered as endorsing any Partner Content, and we assume no liability for any Partner Content uploaded, posted, published and/or made available by any User or any other party on or through the FreqMusic Services. Furthermore, FreqMusic shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Partner Content you or any other party may encounter.

  4. You acknowledge that there are risks in using our Services and/or connecting and/or dealing with any Third-Party Services through or in connection with our Services, and that we cannot and do not guarantee any specific outcomes from use of our Services, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use.

  5. Please note that our Services are currently offered in their pre-launch version, and undergoing testing. You understand and agree that our Services contain limited features at this time and may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the FreqMusic Services at this stage signifies your agreement to participate in such testing.

N. Limitation of liability

 

  1. To the fullest extent permitted by law in each applicable jurisdiction, FreqMusic, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any part of the FreqMusic Platform; (2) any personal injury or property damage related to your use of the FreqMusic Services, whether as Partner or Listener; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the FreqMusic Services; (5) the use or display of any Partner Content posted, emailed, transmitted, or otherwise made available via the FreqMusic Services; (6) events beyond the reasonable control of FreqMusic, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of FreqMusic Services.

  2. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you.

O. Indemnity

 

You agree to defend, indemnify and hold us harmless, our officers, directors, shareholders, employees, affiliates and agents, immediately upon written demand from us, from and against any and all claims, damages, liabilities, costs and expenses, including lawyer's fees arising from: (1) your violation of any term of these FreqMusic Terms; (2) your violation of any third party right, including any copyright, property, privacy right or other intellectual property right, resulting from your Partner Channel or Partner Content and/or your use of the FreqMusic Services; and/or (3) any other type of claim that your Partner Channel and/or Partner Content caused damage to a third party.

 

P. General terms

  1. Changes to our Services

  2. FreqMusic reserves the right to change, suspend, cease or terminate any of the FreqMusic Services, temporarily or otherwise, including but not only, removal of any Partner Content, changing, withdrawal, adding any of the FreqMusic features, for any reason and/or changing prices for any FreqMusic Plans and/or changing any of the FreqMusic Terms with or without prior notice, at any time and in any manner. In the event of any material changes such as in an increase in the pricing of the FreqMusic Plans and/or reduction of features of any of the FreqMusic Plans, we shall take reasonable measures to notify you of such changes within a reasonable timeframe prior to such changes taking place and we shall supply you with details as to how such changes will affect you.

  3. You agree that FreqMusic will not be liable to you or to any third party for any modification, change, suspension or discontinuance of the FreqMusic Services or any parts thereof.

Governing law, jurisdiction and waiver of class action

 

  1. Regardless of your country of origin, or where you have accessed the FreqMusic Platform, these FreqMusic Terms shall be exclusively governed and construed by the laws of the United Kingdom, disregarding its conflict of law rules.

  2. Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions, or any other legal proceedings conducted by a group or by representatives on behalf of others.

Notices

 

We may provide you with notices via the FreqMusic Services, by e-mail, sent to the e-mail address you provided us, through any other means, including any phone number or physical address you provided us.

 

  1. Third-Party Websites or Apps

  2. Any links to third party platforms (websites, apps etc.) which may be provided by us within our Services, are provided solely for your convenience and do not imply any connection and/or approval and/or endorsement by us. We have no control over these third-party sites/apps and we do not therefore accept any responsibility in respect of them. The terms of use of such third-party platforms are under your sole responsibility. Further, it is your sole responsibility to evaluate whether you want to access or use such third-party platforms.

  3. More specifically, if you have downloaded the FreqMusic App from the Apple, Inc. App store ("Apple") or the Google LLC “Google Play” App Store (“Google”), you hereby confirm that you fully understand and agree to the Apple and/or Google terms of use as these shall be applicable and binding on you.

  4. We may, at any time and at our sole discretion, suspend, disable access to or remove from a Partner Account and/or Listener Account, Partner Channel(s) and/or the FreqMusic Services, any Third-Party Services.

Our relationship

 

The FreqMusic Terms, and your use of the FreqMusic Services, do not, and shall not be construed as creating any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between us and you.

 

 

Entire Agreement

 

These FreqMusic Terms shall constitute the entire agreement between you and us concerning the subject matter hereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us and you, including those made by or between any of our respective representatives, with respect to any of our Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of ours in entering into any of the FreqMusic Terms.

 

Assignment

 

  1. We may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the FreqMusic Platform and/or FreqMusic Services and/or Intellectual Property to a third party without your consent or notice to you.

  2. You may not assign or transfer any of your rights and obligations under these FreqMusic Terms.

 

Severability

 

If any provision of the FreqMusic Terms is deemed to be invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the FreqMusic Terms. No Waiver of any breach or default of any of the FreqMusic Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

 

Interpretation

 

Any heading, caption or section title contained herein, and any explanation or summary, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

 

  1.  Our Assistance

  2. Our Customer Support will be happy to try and assist you with any queries/requests that you may have. To get in touch with our Customer Support, please contact us at support@freqmusic.com.

Up to date as at 19.7.20

*the information contained in the Commercial Flow is subject to change. Please refer to the Partner Account section of the FreqMusic Terms.