GENERAL  TERMS  OF  USE

 ACCEPTANCE OF TERMS OF USE

These Terms of Use (the “Terms of Use”) describe the terms by which ADIS Music GmbH (“ADIS Music”), including its subsidiaries, offers you access to its website, its mobile applications, and its software (collectively, the “Services”) and the content and services offered on these Services. In consideration of ADIS Music granting you access to the Services, you acknowledge that you have read and understand each of the terms and conditions of these Terms of Use and agree that these Terms of Use govern your use of the Services. If you do not agree to accept these Terms of Use, you may not access or otherwise use the Services. Any continued use of the Services or ADIS Music’s products implicitly means an acceptance of the Services and the terms and conditions stated herein.

MODIFICATION OF TERMS OF USE

ADIS Music may modify these Terms of Use at its sole discretion by publishing the revised terms on the Services, with the revised terms taking effect as of the date of publishing. Your continued use or repeated use of the Services indicates your consent to be bound by such revised Terms of Use. You are advised to regularly review any applicable terms and conditions.

ACCOUNT CREATION

In order to access certain parts of the Services, you may be required to create an account. In order to create an account, you will be required to provide your name, email address and a password. You agree to provide accurate and complete information for your account and to update that information promptly in case of any changes. We will maintain your account information in accordance with the terms and conditions of our Privacy Policy. You are responsible for maintaining the confidentiality of your account log‐in information, and for all activities that occur through the use of your account. You agree to: (1) immediately notify us of any unauthorized use of your account or any other breach of security, and (2) ensure that you log-out from your account at the end of each session. By creating an account on our website or on our applications, you represent that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to these terms and conditions, on behalf of yourself and, at your discretion, on behalf of a minor child over the age of thirteen (13) for whom you are a parent or a legal guardian and who you have authorized to use the account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and that you are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of these Terms of Use.

USE OF THE WEBSITE AND RESTRICTIONS

Documents published by ADIS Music on the Services can be copied for personal and non-commercial use only. Such authorization does not allow use of copyrighted content from the Services for the unauthorized sale of ADIS Music products or services. Any copy you make of any documents shall retain all copyright and other proprietary notices contained herein. Images, logos and other content are not included in this authorization unless they are embedded within the documents. The authorization may be revoked by ADIS Music at any time, without any justification. In case of such revocation, you must promptly destroy all contents downloaded or otherwise obtained from the Services, as well as all copies of such contents. You agree that you will not, in connection with your use of the Services, violate any applicable law or regulation. You may not use the Services in any way not permitted by the Terms of Use. You agree that you will not (1) take part of any attack on the Services, (2) disrupt or try to disrupt the Services or any other person’s use of it, (3) attempt to gain an unauthorized access to the Services, or any computer or network connected to it. You may access and use the Services via mobile devices, as the Services contain specific services and features that can be used from certain mobile devices. ADIS Music does not guarantee that all the Services and features will be accessible through all devices.

TERMINATION OF THE TERMS OF USE

The Terms of Use will continue to apply until terminated by either you or ADIS Music. You may terminate the Terms of Use at any time by closing all of your accounts on the website or deleting the applications. ADIS Music may terminate the Terms of Use at any time if (1) you breach these terms and conditions, or (2) if ADIS Music is required to do so by applicable law. However, continued use of ADIS Music’s products will not imply a termination of the software offered by ADIS Music.

USE OF PERSONAL DATA

Please refer to our Privacy Policy for more information.

LINKS

Links to websites or applications operated by third parties may be provided by ADIS Music. Use of these websites or applications is at your own risk as the content available on the linked websites and the applications are not under the control of ADIS Music. ADIS Music disclaims all liability regarding your access to and use of such linked websites or applications.

INTELLECTUAL PROPERTY

You agree that the Services, including but not limited to products, graphics, user interface, video clips, audio clips, editorial content, and the scripts and software used to implement the Services, contains proprietary information and material that is owned by ADIS Music and/or its licensors, and is protected by intellectual property laws. Therefore, you agree not to use such proprietary information or materials in any way but for the specific use of the Services in compliance with these Terms of Use. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use. You agree not to modify, lease, loan, sell, distribute, or create derivative works based on the Services in any manner.

SOFTWARE UPDATES

Any software proposed by ADIS Music and which is used by you may be updated or replaced by software updates or system restore software (“Software Updates”). By using the ADIS Music products or Services, you agree to ADIS Music making, at its own discretion and at any time, available future Software Updates that may be automatically downloaded and installed onto your ADIS Music product(s).

DISCLAIMER OF WARRANTIES

As permitted by applicable laws, the Services are provided on an “as-is” basis for your use, without any warranties of any kind, either express or implied. This includes without limitation the warranties of merchantability, fitness for your particular purpose, title, non-infringement. ADIS Music does not warrant the accuracy, completeness or reliability of any content available on the Services. Use of the Services is at your own risk. ADIS Music does not guarantee that the Services will be available at the time or place of your choosing, or that the Services will be uninterrupted or free of error. ADIS Music makes no warranty that the Services are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

ADIS Music liability shall not be excluded or limited in case of death or personal injury due to our negligence, fraud, or anything which cannot be excluded or limited by applicable law. According to the maximum extent permitted by law, ADIS Music shall not be liable to you whether in contract, tort including negligence or any other theory of liability, and whether or not the possibility of such damage or losses has been notified to ADIS Music for any indirect, incidental, special or consequential damages, (1) any loss of income, business, actual or potential profits or opportunity, (2) any damage resulting in loss of data, (3) any failure to provide ADIS Music accurate account information or to keep your account details secure and confidential.

INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless ADIS Music and its affiliates from and against any and all claims and all liabilities, losses, costs or damages resulting from (1) your breach of these Terms of Use, (2) your infringement or violation of any intellectual property, (3) or any misuse of the Services by a third party made possible by your failure to take reasonable measures in order to protect your account information.

GEOGRAPHIC SCOPE

The Services are operated by ADIS Music from its office in Salzburg, Austria. Other ADIS Music services may be operated from different territories throughout the world. ADIS Music reserves the right to limit the provision and/or quantity of any feature, product or service offered on the Services to any person or territory.

GOVERNING LAW

The Services are operated by ADIS Music from its office in Salzburg, Austria and you accept that Austrian laws apply to the Services. The fact that certain technical elements used in the operation of the Services may be located elsewhere does not in any way affect the full submission of the Services to Austrian laws.

Last update: 20/10/2020