RIFFIDUM - TERMS AND CONDITIONS
Welcome to our Digital Music Manager App ("riffidum") By using the App, you agree to the following terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, please do not use the App.
1. Use of the App
You may use the App for personal and non-commercial purposes only. You may not use the App for any illegal or unauthorized purpose, nor may you, in the use of the App, violate any laws in your jurisdiction.
2. User Accounts
To use the App, you must create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Intellectual Property Rights
The App and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our App or its content, nor may you reverse engineer or attempt to extract the source code of the App.
4. User-Generated Content
You may upload, post, or otherwise submit content to the App, such as music files or playlists. You retain all ownership rights to your content, but by submitting it to the App, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the App and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
(i) you either are the sole and exclusive owner of all User-Generated Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User-Generated Content, as contemplated under these Terms of Use; and (ii) neither the User-Generated Content nor your submission, uploading, publishing or otherwise making available of such User-Generated Content nor our use of the User-Generated Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5. Prohibited Activities
You may not use the App to engage in any activity that is illegal, harmful, or interferes with the rights of others, including:
(a) Engaging in any conduct that restricts or inhibits any other user from using or enjoying the App;
(b) Uploading, posting, or otherwise transmitting any content that is false, misleading, or inaccurate;
(c) Uploading, posting, or otherwise transmitting any content that is defamatory, libelous, obscene, or otherwise objectionable;
(d) Uploading, posting, or otherwise transmitting any content that infringes or violates any third-party rights, including intellectual property rights;
(e) Uploading, posting, or otherwise transmitting any viruses, worms, Trojan horses, or other harmful or disruptive code;
(f) Attempting to gain unauthorized access to the App, user accounts, or computer systems or networks connected to the App;
(g) Using the App to engage in any commercial activity, such as advertising or selling goods or services, without our prior written consent.
6. Termination
We reserve the right to terminate your access to the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you wish to terminate your account, you may do so by contacting us at info@riffidum.com. Any fees paid prior to termination are non-refundable.
We may also terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Use. Upon termination of your account, your right to use the App will immediately cease.
If we terminate your account, you may not create a new account without our prior written consent. We reserve the right to refuse service to anyone for any reason at any time.
7. Disclaimers and Limitations of Liability
a. The App is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on the App.
b. We do not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App or the servers that make the App available are free of viruses or other harmful components.
c. We will not be liable for any damages of any kind arising from the use of the App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
d. You agree to indemnify, defend, and hold harmless our company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising from or related to your use or misuse of the App, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
e. You acknowledge and agree that we are not responsible for the conduct, whether online or offline, of any user of the App.
f. We reserve the right to modify, suspend, or discontinue the App, or any part of it, at any time without notice or liability.
g. Our maximum liability to you for any claims arising out of or related to the App shall be limited to the amount you have paid us for the use of the App during the twelve (12) months preceding the claim.
h. Nothing in these Terms of Use shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
i. You agree that any claim or cause of action arising out of or related to these Terms of Use or the use of the App must be filed within one (1) year after such claim or cause of action arose or be forever barred.
j. The limitations and exclusions of liability set forth in this section shall survive any termination or expiration of these Terms of Use.
k. We cannot guarantee that the services provided by riffidum will result in increased exposure, success, or revenue for independent artists. The success of an artist is dependent on various factors, including but not limited to, the quality of their music, their marketing strategies, and the current state of the music industry. While our app and services can provide helpful tools for artists, we do not guarantee any specific results or outcomes.
l. We do not guarantee the accuracy, completeness, or reliability of any information provided by riffidum or its services, including the database of press contacts and radio contacts. We make every effort to ensure that our information is up-to-date and accurate, but we cannot guarantee that it is error-free or that it will meet your specific needs.
m. By using the riffidum app and its services, you acknowledge and agree that any results or outcomes from using the app and its services are not guaranteed. You also acknowledge and agree that riffidum is not responsible for any losses or damages that may result from the use of our app or its services, including but not limited to, loss of income, business interruption, or damage to reputation.
8. Governing Law and Jurisdiction
These Terms of Use shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms of Use or the App shall be exclusively resolved in the courts of England and Wales, and you hereby consent to the personal jurisdiction of such courts. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use shall remain in full force and effect. Our failure to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us regarding the use of the App and supersede and replace any prior agreements between you and us regarding the App. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms of Use, at our sole discretion, without restriction.
9. Changes to the Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time without prior notice. The most current version of these Terms of Use will be posted on the App and will take effect immediately upon posting. Your continued use of the App after any changes to these Terms of Use constitutes your acceptance of the new Terms of Use. If we make any material changes to these Terms of Use, we will notify you either through the App or by email.
It is your responsibility to review these Terms of Use periodically for any changes. If you do not agree to any of these Terms of Use or any changes to these Terms of Use, you must immediately discontinue use of the App. We reserve the right to modify or discontinue the App at any time without prior notice. We will not be liable to you or any third-party for any modification, suspension, or discontinuance of the App.