PLEASE READ CAREFULLY. You may not use the Site or Services, including previews of music or melodies made available on the Site (“Music”), if you do not accept these Terms.
1. Changes and Updates. At any time at our sole discretion we may:
- change, add or delete these Terms or any portion thereof, and/or
- modify or discontinue any aspect or feature of the Site and Services,
in which case such changes shall be effectively immediately and incorporated into these Terms. Your continued access or use of the Site and/or Services constitutes your acceptance of such changes and our updated or modified Terms. Please check this space regularly for updated or modified Terms.
2. Eligible Use.
2.1. Our Site and Services are only available to individuals who are legally capable and authorised to access and use them. If you are under the age of 18, you must obtain the consent of your parent or legal guardian before you can purchase any Music. If you are purchasing music on behalf of a company, you must ensure that you are legally authorised by the company to do so.
2.2. Any Music made available through the Site may be used for previewing purposes only prior to purchase. Use of all Music purchased through the Site is subject to our End User License Agreement (“EULA”). You may not purchase any Music if you do not agree to our EULA.
3. Registration & Your Account
3.1. You do not need to register to browse the Site. But to access certain Services, including purchasing music, you must register on the Site and create an account.
3.2. To create an account, you will be required to submit information including your full name or company name, email address and your chosen password.
You are responsible for the activities under your account and agree to:
- Protect your username and password at all times;
- Provide accurate and correct information when you register
- Keep your information accurate and up-to-date at all times; and
- use your account in accordance with these Terms.
3.3. Submitting inaccurate, misleading or false information is a serious violation of these Terms. If you provide any information that is false, misleading, inaccurate, not current or incomplete during registration or otherwise, we reserve the right to suspend or terminate your account and refuse any and all current or future access and use of the site and the services (or any portion thereof).
4. Prices, Music Packs and Payment
4.1. All prices are quoted in United States dollars (USD$) and are subject to change.
4.2. Music may be purchase individually on a prepaid download basis as described on the Site or with unlimited Subscription.
4.3. To purchase Music, you must ensure that you provide accurate, complete and correct information. This is important both for billing purposes and for the license to use the Music which is granted to you on purchase.
4.4. We accept all methods of payment described on the Site. If full payment is not received from you, any purchase contract made with you in respect of the Music may be cancelled or delivery of Music may be withheld. You are responsible for any applicable bank, transfer or payment service provider charges.
4.5. Where you have not utilized the entire Music purchased on a prepaid download basis in accordance with section 4.2 of this Agreement, the unused download in the pack shall terminate on, and may not be utilized in whole or in part after 18 months from the date of purchase.
5.1. Certain features of the Site such as unlimited downloads are only available to registered users who subscribe to a "Individual" or "Business" plan (together, "Paid Subscription"). The subscription price is indicated on the Site or in the Application. Melody Loops may change the price for the Paid Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Site after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
5.2. When you opt for the Individual Subscription Plan, we grant you access to your own channels like podcasts/YouTube/etc. The Individual Subscription Plan also grants the subscriber access to a limited number of channels. The Business Subscription Plan gives subscriber access to make product for clients and access is not limited to a number of channels. Regardless of the paid subscription plan opted for, Subscriber do not own music content on the Site, only a work based on it.
5.3. The Site Content and services will be available to you to stream and download upon successful subscription for any of the subscription plan and subject to the speed of your internet connection. We recommend using the latest version of your browser as earlier versions may not be supported. You are responsible for making all arrangements necessary for you to access the Site including ensuring you employ technology capable of utilizing the Site.
5.4. Use of the Site requires Compatible Devices, and internet access. Use of the Site may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavors to give you notice of any changes.
5.5. You acknowledge that the volume of data consumed by accessing the Site Content may be high. Your paid subscription do not cover any charges for internet usage. You are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Site Content.
6. Subscription Renewal and Cancellation
Except terminated by us or the Subscriber within the provisions of Section 7 and except in case of non-recurring payment method used by the Subscriber, the Paid Subscription automatically renewed for the exact same duration as the initial one. You may cancel your active Subscription renewal and still use the service before the end of such Subscription.
7.1. We hate to see you go! however, you may cease to use the Site at any time. In order to terminate your account, you must go to your account and follow the instructions to terminate your account. Termination of your account will be effective immediately. If you have an active Paid Subscription, and you terminate your account before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.
7.3. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
7.4. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account, will be irretrievably deleted by Melody Loops, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Melody Loops assumes no liability for any material that is irretrievably deleted following any termination of your account.
8. Cancellation, Replacements & Refunds
Due to instantaneous nature of the Services, you may not cancel any orders for Music once made and such orders are non-refundable. In the event you believe you have received Music incorrectly, please notify us and we shall deliver the correct Music to you. Music purchased can be downloaded any time from your account unless it not removed by the owner (author). You agree you are responsible for backing up your own system, including any Music purchased through the Site and that we shall not be responsible or liable to you for any Music after downloaded by you.
9. Prohibited Use
9.1. You agree not to do any of the following which strictly prohibited:
- provide any information that is false, misleading, inaccurate, or incomplete,
- impersonate any person or entity,
- falsely state or otherwise misrepresent your affiliation with a third party;
- Copy, modify, alter, adapt, make available, in any way translate, port, reverse engineer, decompile, or disassemble, frame any portion of this Site,
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or any content found on or originating from the Site including any Music made available on the Site for previewing purposes. Upon payment for Music, you shall be granted a royalty free license to use it in accordance with our EULA.
- Disrupt or interfere with the Site’s and/or the Services’ operation or the servers or networks that host the Site and/or the Services,
- Data-mine or harvest information or data about users of the Site and/or the Services without their express consent, including the use robots, spiders or other automatic devices, processes or method to access the Site and/or the Services;
- use this Site or Services for any illegal, unlawful or unauthorized purposes.
9.2. We reserve the right to refuse access to, or use of our Site and/or Services to anyone, at any time, in our sole discretion, without notice or liability to you. It is your responsibility to ensure that your use of the Site and/or Services complies with and does not violate these Terms and all applicable laws.
10. Intellectual Property
10.1. MELODY LOOPS, the Melody Loops logo, the Melody Loops brand and all other trademarks, service marks, graphics and logos used in connection with the Site and Services are trademarks or registered trademarks of Melody Loops LP (“the Marks”). The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. All database rights and other intellectual property rights of any nature in the Site and the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and/or other proprietary rights.
10.2. You agree that the user interface, audio or Music clips, editorial content, and the scripts and software used to implement the Services, contains proprietary information and material owned by Melody Loops and/or its licensors. Such proprietary information and material is protected by intellectual property and other laws, including copyright, and you agree that you will not use such proprietary information or material in violation of these Terms.
11. Social Media Accounts
11.1 As part of the functionalities of the Site, you may link your account with online accounts you may have with third party service providers such as but not limited to Facebook Account (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Site; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees.
11.2 By granting us access to any Third Party Account, you understand that: (i) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, and (ii) we may submit and receive additional information to and from your Third Party Account to the extent you are notified when you link your account to the Third Party Account.
12. Third party web sites & functionalities
The Site may contain links to websites controlled, owned, and operated by third parties ("Linked Sites"). Additionally, third parties may provide tools or services ("third party tools") that are made available to you through our platform. Accordingly, Melody Loops makes no warranties or conditions regarding such third-party services or websites or third party tools and will not be liable for any loss or damage caused by your use of or reliance on such third services or web sites or third party tools. Your use of third-party services or web sites or third party tools is at your own risk. The inclusion on the Platform of a link to a third-party service or web site, or inclusion of a third party tool, should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement by Melody Loops. When you access any of these third-party services or sites, or third party tools, your rights and obligations will be governed by the agreements and policies relating to the use of those third party web sites or services or third party tools.
13. Data protection and privacy
14. Force Majeure
We shall not be responsible for our failure to perform or any delay in performance of any obligation by us hereunder due to events beyond our control, including but not limited to telecommunications, power or internet failures, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond our reasonable control. The time for performance shall be extended by the period of such delay. We shall take all reasonable steps to mitigate the effects of the any force majeure event.
By using the Site or Services, to the extent permitted by law, you agree to indemnify and hold harmless Melody Loops, its directors, officers, employees, personnel, agents, contractors, affiliates and licensors with respect to: (a) any claims arising out of your breach of these Terms, (b) your use of the Site or Services, (c) any action taken by Melody Loops in investigating a suspected violation of these Terms or due to its finding or decision that such a violation has been committed.
16. Disclaimer & Liability
16.1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE SITE OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
16.2. YOU EXPRESSLY AGREE THAT MELODY LOOPS, ITS DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, AGENTS, CONTRACTORS, AFFILIATES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MELODY LOOPS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
16.3. THE SITE AND SERVICES ARE PROVIDED WITHOUT GUARANTEES OF ANY KIND. MELODY LOOPS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE SITE AND/OR SERVICES MAY BE REMOVED AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
17. GOVERNING LAW.
The laws of Scotland, UK governs these Terms. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the terms included herein will continue in full force and effect.
If you have any questions or comments, please Contact us
Updated: 25 May 2021