Terms & Conditions
Ezomgido Media Service Terms and Conditions
Welcome to Songear’s Ezomgido Media Service. These terms and conditions ('Terms'), along with the privacy policy (which appears below) are a legal contract between you and Songear; they apply to and govern your use of the Ezomgido Media Service. These Terms shall prevail over the privacy policy to the extent of any conflict or inconsistency. Any terms which you seek to impose on Songear in respect of your use of the Service will not form part of any contract between us.
Songear may from time to time update or modify these Terms in respect of your use of the Service. If you continue to use the Service following such update or modification, you will be deemed to accept the Terms as revised. If you do not agree to the revised Terms you must stop using Ezomgido Media Service and/or cancel any subscription. We therefore recommend that you periodically check these Terms.
Songear will take all steps they believe are necessary to enforce and/or check compliance with these Terms and Songear may refuse your access to the Ezomgido Media Service for non-compliance with any part of these Terms.
By clicking the "I Agree" button at the end of these Terms or by using the Ezomgido Media Service you are accepting these Terms.
1. The Ezomgido Media Service
Songear Limited is the provider of the Ezomgido Media Service which allows you to access, stream and permanently download digital content such as sound recordings, information related to the sound recordings, samples of the sound recording and associated artwork (collectively, the "Content") through this site. You can access Content by buying the sound recordings as permanent downloads as detailed in clause 4 (the "Permanent Download Service") (collectively the "Service").
In order to access the Service you may be required to install third party software. This is explained further below.
2. Registration
You will need to register with Ezomgido in order to access the Service. You will be required to provide us with your name, email address, postal address, password, details of payment. Any information which you submit will be held and used in accordance with our privacy policy (which appears below). You agree that you will provide truthful and complete information when registering to use the Service.
You are solely responsible for maintaining the confidentiality and security of your account and are responsible for any fees that are accrued using your account. You must not allow others to use your name, password or account and you agree to inform Songear immediately of any use of your password or account by a third party which is not authorised via the Digital service 'Contact Us' page.
You agree to indemnify Songear, its directors, officers, employees, affiliates, agents, contractors, franchisees and licensors, as applicable, for any unauthorised or illegal use of the Service by you or by any person obtaining access to the Service by using your designated name and password, whether or not you authorised such access.
3. Accepted Payment Methods
All payments for the Service (including any applicable taxes) must be made by credit/ debit card, or prepay subscription. In addition, Songear shall be entitled to refuse any orders which you place for Services in the case of obvious errors or inaccuracies (e.g. incorrect prices) regarding the goods or services appearing on our site.
4. Permanent Download of Ezomgido Content.
Description. The Permanent Download Service is the Service which provides Content which is capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied, solely for personal, non-commercial use
Usage Rules for Permanent Downloads. The Content is owned by Songear or their licensors and is protected by intellectual property rights. You may burn each Permanent Download to a CD as part of any particular play list of songs. A 'play list' is a discrete group of Permanent Downloads that are arranged together in a particular order. Once you have burned a Permanent Download to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device. You may transfer a Permanent Download to up to 5 (five) portable devices that are compatible with the Service's usage rules and security requirements. Once you have transferred a Permanent Download to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device. You accept that you may only use such Content in accordance with the usage rules for the Permanent Downloads and that any other use of the Content may constitute a copyright infringement. The security technology (as detailed at clause 10) is an inseparable part of the Content. You agree that you will not attempt to circumvent these usage rules. Songear reserves the right to modify the usage rules at any time on thirty days notice to you and by changing these Terms.
Permanent Download Fees. The prices of the Permanent Downloads are as set out on our site at the then current time, which include VAT where appropriate. All prices for products within the Services are subject to change at any time. You may only request Services against such prices whilst they appear on our site. Permanent Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, each purchase of a Permanent Download shall be deemed a final, non-refundable sale. You do not need to be a subscriber to the Service in order to buy Permanent Downloads.
Accepted Payment Methods
All payments for Permanent Downloads (including any applicable taxes) must be made by credit or debit card, or Ezomgido eGift card (Ezomgido eGift certificates are not an accepted method of payment).
Songear must receive payment for the whole price of the Permanent Download that you order before your order is accepted and the contract between us is formed. Songear are under no obligation to supply the permanent download before payment is received. In addition, Songear shall be entitled to refuse any orders which you place for Services in the case of obvious errors or inaccuracies (e.g. incorrect prices) regarding the goods or services appearing on our site.
Cancellation of an order for a Permanent Download
You may not cancel an order for any permanent download once they are delivered to you.
5. Your use of the Service
You agree that your use of the Service will be in accordance with these Terms. You may not use the Service in any way that is not in compliance with applicable laws and regulations or which infringes third party rights.
In particular you may not use the Services in any way or transmit any material to our site
· which is illegal, explicit, obscene, libellous, discriminatory, offensive or abusive;
· that infringes third party rights (including intellectual property rights); and
· that contains viruses or matter which interferes with the correct operation of the site or Service.
6. Availability and Delivery of Content
All Content is subject to availability. Songear reserves the right to change, suspend, remove, or disable access to Content, or other materials comprising a part of the Service at any time without notice or liability to you. For example Songear may no longer have the right to make such Content available from its licensors. On occasion, technical problems may delay or prevent delivery of Content. Therefore Songear cannot guarantee that it will be able to supply the Content when requested. Songear will inform you as soon as we become aware that we are unable to fulfill an order you have made for the Services or Content (or any part thereof). Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be either replacement of such Content or a refund of the applicable Permanent Download fee as determined by Songear.
7. Objectionable Material.
You understand that by using the Service, you may encounter Content that may be deemed explicit, offensive, indecent, or objectionable, which content may or may not be identified as such. Some music or content may be labelled as “explicit” and you may be able to use parental controls or passwords to filter them. Nevertheless, you agree to use the Service at your sole risk and, to the extent permitted by law, Songear shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
8. Age requirements for use of the Service
This Service is available to individuals aged 16 years or older only. If you are at least 18 years of age you may enter into a contract with us on your own behalf and register to use the Services. If you are 16 or older but under the age of 18, you should review these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand and agree to these Terms and your parent or legal guardian must enter into the contract on your behalf.
By registering to use the Services you represent that you are at least 18 years old and have read and agree to these Terms and are either entering into the contract for yourself or on behalf of your child (who is at least 16 years of age) and you agree that you are responsible for your and/or their use of the Services, including all fees and liability that is incurred whether by you or your child.
9. System Requirements
Use of the Service requires a compatible device, Internet access (fees may apply), and certain Software (including Microsoft software - please see clause 10 below for further detail) (the 'Software'), hardware, and may require obtaining updates or upgrades from time to time (fees may apply). Because use of the Service involves hardware, Software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such Software and system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no obtaining of any other product shall be construed to represent or guarantee you access to the Service. Once Content is accessed and you receive the Content, it is your responsibility not to lose, destroy, or damage the Content, and Songear shall be without liability to you in the event of any loss, destruction, or damage.
10. Software
To access and use the Services you will need to install or activate Software which includes Microsoft Windows Media Technology, Copyright © 2004 Microsoft Corporation, All Rights Reserved (and that Software is protected by copyright and other intellectual property laws and treaties).
By entering into any contract for the Services, you agree to comply with the provisions of the Microsoft End User Licence Agreement, the terms of which appear below. In addition, any commercial off the shelf product of Microsoft will be subject to the terms of the applicable end user licence agreement packaged with such product. That Microsoft End User Licence Agreement or such other applicable end user licence agreement shall prevail over these Terms to the extent of any conflict or inconsistency between that licence and these Terms in relation to the subject matter of such licence.
Songear are using the Microsoft digital rights management technology for Windows Media ('WM-DRM') to protect the integrity of their Content ('Secure Content') so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and other third party applications ('WM-DRM Software') use WM-DRM to transfer or play Secure Content. If the WM-DRM Software's security has been compromised, owners of Secure Content ('Secure Content Owners') may request that Microsoft revoke the WM-DRM Software's right to copy, display, transfer, and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this Software ('WM-DRM Upgrades') before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. WM-DRM Software used by third parties may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.
11. Other Software Rules
Any software available via the Services or used to access the Services or on the site is protected by intellectual property law.
You agree not to do or permit anyone to do any of the following:
· reverse engineer, modify, disassemble, or otherwise attempt to discover the source code of, the Software or any text, graphics or other materials forming part of the Software or the Services in any way, except and only to the extent that such activity is permitted by law notwithstanding this limitation;
· rent, lease, loan, lend, sell or distribute the Software or Services or create derivative works based on them, in whole or in part in any manner other than as expressly required to be permitted under these Terms;
· use the Software or any portion thereof to create any tool or software product that can be used to create software applications of any nature whatsoever;
· remove, alter, cover, obfuscate, or otherwise deface any trademarks, copyright or other protective notices or metadata tag on the Software or included in the Services or our web site;
· tamper with the Software or undertake any activity which does or is intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and secure operation of the Services or Software or any mechanisms operatively linked to the Software;
· include with the Software, or include the Software with, any other software licensed under (or use the Software in any manner that would cause it to become subject to) an open source licence (requiring the computer code to be disclosed or distributed in source code form, licensed to third parties for the purpose of making derivative works, or redistributable at no charge); or
· exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.
Songear shall not be liable for any failure of the software or services to be fit for purpose, any viruses, worms, Trojan horses, corrupted files, cracks, phishing, drop dead devices, bombs or other harmful devices, any inaccuracy or incompleteness of responses, results or effort, or any lack of possession or enjoyment of the software or services.
The use of any part of the service or the software, except for use of the service as permitted in these terms, is strictly prohibited and may infringe the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
12. Security and Monitoring of the Service
The nature of Internet communications means that the Service and Software may be susceptible to data corruption, interception, non-availability and delays. The Service, our web site and Software may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Songear have no obligation to provide support for the Service, our web site or the Software except as expressly set out on our web site.
You understand that the Service and products accessed through the Service, such as Content, and the Software includes a security framework using technology that protects digital information and limits your access and use of Content to certain usage rules established by Songear and their licensors and such usage rules will govern your rights with respect to that Content. You agree to comply with the applicable usage rules, as outlined above and you agree not to violate the applicable usage rules or attempt to violate any security components.
You agree not to attempt to, or assist another person to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such usage rules for any reason whatsoever. Use of the Service (including compliance with usage rules) may be monitored by Songear and Songear reserves the right to enforce such rules with or without notice to you.
You will not access the Service by any means other than through the Software that is provided by Songear for accessing the Service. Violations of system or network security may result in civil or criminal liability. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Service and Software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the Software and obtaining available patches to address security, interoperability, and/or performance issues.
13. Intellectual Property
Acknowledgement of Ownership. You agree that the Service, the Software and our site, including, but not limited to Content, graphics, and editorial content, contains proprietary information and material that is owned by Songear and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright and patent law and you agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. Songear and their licensors reserve all rights in our web site, the Software and the Services not expressly granted to you under these Terms. No portion of the Service may be reproduced in any form or by any means.
Trademarks. Ezomgido, the Ezomgido Mark, the Ezomgido Digital Mark and other Songear logos and trademarks, service marks, graphics, and logos used in connection with the Service or site are trademarks or registered trademarks of Songear, the Songear logo and other Songear trademarks, graphics and logs used in connection with the Service or site are trademarks of Songear. Other trademarks, service marks, graphics, and logos used in connection with the Service or site may be the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks and may not use, copy or display any such trademarks.
14. Export Controls
You agree to comply with all applicable export control law and regulation as well as the US Export Control Regulations and other restrictions issued by the US and other applicable governments in relation to Software, including as referred to at http://www.microsoft.com/exporting.
15. Termination
Termination by Songear.If you fail, or Songear suspects that you have failed, to comply with any of the provisions of these Terms, including violation of third party rights or the applicable usage rules or any license of the Software, or if you have distributed your password or account information to any third party (i.e. two or more devices are simultaneously accessing your account), or you have engaged in conduct that is inconsistent with the best interests of Songear, Songear may, at its sole discretion, without notice to you: (i) terminate our agreement with you and/or (ii) terminate the license to the Software; and/or (iii) terminate or suspend access to the Service (or any part thereof): and/or (iv) commence proceedings against you. Songear will not be liable to you or to any third party should it exercise these termination rights and you will not be entitled to receive a refund of any fees which you have previously paid.
16. Disclaimer; Liability Limitations
This section shall only apply to the maximum extent permitted by law.
Songear will not be liable to you for any use of the service, content or software which is not authorised in accordance with these terms.
Songear do not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time Songear may remove, modify or suspend the service for indefinite periods of time, or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service, software and content delivered to you through the service are (except as expressly stated) provided 'as is' and 'as available' for your use, and to the maximum extent permitted by law Songear and their licensors or affiliates provide the service, content and software without warranties of any kind, either express or implied, including all implied warranties of merchantability, performance, accuracy, reliability, fitness for a particular purpose, title, quiet enjoyment, correspondence with description and warranty as to non-infringement.
Songear make no representations and do not guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Songear disclaim any liability relating thereto. You shall be responsible for the security and backing up of your own system. In particular you shall use an up to date virus checker in relation to the downloading of content.
In no case shall Songear, their respective directors, officers, employees, affiliates, agents, contractors, or licensors be liable (including but not limited to in the event of negligence or misrepresentation) for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation damages for loss of profit and business interruption) arising from your use of any of the services or software or for any other claim related in any way to your use of the services or software, including, but not limited to, any errors or omissions in any content or content description, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility and to the maximum extent permitted by law and Songear make no representations, warranties or promises on behalf of its licensors or their suppliers.
Songear shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk, and Songear hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
To the extent that the disclaimers above are not permitted by applicable law the entire liability of Songear and its group companies, their respective directors, officers, employees, affiliates, agents, contractors, or licensors in connection with the contract and your exclusive remedy for any breach of these terms or any loss suffered by you shall be limited to the actual damages you incur in reasonable reliance on the software and/or services up to a maximum of £50.
Nothing in these terms is intended to limit any rights which you may have as a consumer under applicable law that may not be excluded or in any way exclude or limit Songear’s liability to you for death or personal injury resulting from their negligence
17. Your Waiver and Indemnity
By using the service, you agree to indemnify and hold Songear, their respective directors, officers, employees, affiliates, agents, contractors, franchisees and licensors harmless from any costs incurred or losses suffered by them with respect to any claims arising out of your breach of these terms, your use of, and performance of, the service, software or site other than in accordance with these terms or any action taken by Songear as part of their investigation of a suspected violation of these terms or as a result of their finding or decision that a violation of these terms has occurred. This means that you cannot sue or recover any damages from Songear, their respective directors, officers, employees, affiliates, agents, contractors, franchisees and licensors as a result of their decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the service, or to take any other action during the investigation of a suspected violation or as a result Songear’s conclusion that a violation of these terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these terms.
Furthermore you acknowledge that Songear expressly reserve the right to apply, in their sole discretion, for injunctive relief to prevent your continued unauthorised use of the site, service or software.
18. Governing Law
Any contract between us shall be governed by and interpreted in accordance with English Law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
19. General
These Terms, the privacy policy and the current prices of the Service constitute the whole of the agreement between you and Songear relating to your use of the Service. They shall supersede any prior agreements between you and Songear.
As detailed above you also may be subject to additional terms and conditions that apply when you use the site, affiliate services, third-party content, or third-party software, including, but not limited to Services, Software and Content. Nothing said by any sales person on behalf of Songear should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Songear. Songear shall have no liability for any such representation being untrue or misleading.
If any part of these conditions is unenforceable (including any provision in which Songear excludes its liability to you) the enforceability of any other part of these conditions will not be affected. Songear’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms.
You may not assign or transfer any of your rights or obligations, nor sub-contract any of your obligations, under these Terms without the prior written consent of Songear. Songear may assign or transfer any of its rights or obligations, or sub-contract any of our obligations.
Nothing in the contract constitutes, or will be deemed to constitute, a partnership between us, nor will it constitute, or be deemed to constitute, either of us as the agent of the other of us for any purpose.
Nothing in these Terms shall be construed to limit the remedies available to Songear, their affiliates and/or licensor(s) for a breach of these Terms.
The termination of any agreement between us, for whatever cause, shall not affect any provision of these Terms expressly or by implication intended to survive or operate and shall not prejudice or affect the rights