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Last Updated: 20th of December 2017
GENERAL TERMS OF USE
APP MY TRACK ARTIST X is an application for the online distribution of musical works providing for fans, users and companies. The APP MY TRACK ARTIST X services are operated by the company DTA under Luxembourg law:
If you are under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand them. Table of contents
If you are under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand them. Table of contents
- Clause 1: Definitions of key words
- Clause 2: User rights and responsibilities
- Clause 3: Proper usage of the app
- Clause 4: Intellectual property protection and Privacy
- Clause 5: Accountability for actions, behavior, and conduct
- Clause 6: Payment
- Clause 7: Disclaimers and warranties
- Clause 8: Indemnity and Limitation of Liability
- Clause 9: User notification upon modification of terms
CLAUSE 1. DEFINITIONS OF KEY WORDS
- APP MY TRACK PARTIES: shall mean DTA and ARTIST X.
- ARTIST X: shall mean the main artist and manager of the App. ARTIST X who published the Works on the APP is the sole owner of the rights, or represent all owners of rights on Works published.
- DTA: shall mean the company under Luxembourg law DTA and the owner of the App.
- GENERAL TERMS OF USE: shall mean these General Terms and Conditions as well as any future amendments.
- ILLEGAL CONTENT: shall mean any content of any kind whatsoever (text, voice, image, sound etc.) of such a nature as to infringe any recognised third party rights (including, in particular, rights held by natural persons, legal persons, groupings or communities etc.) regardless of which legislation is applicable. In particular, any content that could infringe any intellectual property rights, personality rights, as well as any content that could constitute a justification for war crimes or crimes against humanity, and more generally any form of discrimination against one or more classes of people, shall be deemed to be Illegal Content.
- MATERIAL: shall mean all documents of any kind (lyrics, album covers, photographs, drawings, biographies etc.) to be used for the online distribution and promotion of the Works. PROHIBITED CONTENT: shall mean any Content of any kind whatsoever (text, voice, image, sound etc.) that is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate. It also includes any Content of any kind whatsoever that contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the App. Prohibited Content includes any Content of any kind whatsoever that harms or violates the rights of anyone, advocates illegal activity or provides a link to any of the above.
- USER or YOU: shall mean any person accessing, using and/or downloading the application.
- USER CONTENT: shall mean any Content of any kind whatsoever provided by the user.
- WORKS: shall mean any Content contributed on the App by ARTIST X.
Our Use of Your Information
- We use personal information in the file we maintain about you, and other information we obtain from your current and past activities on the APP, to provide to you the services offered by the APP; resolve disputes; troubleshoot problems; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our General Terms of Use; and as otherwise described to you at the time of collection, use or disclosure. We may compare and review your personal information for errors, omissions and for accuracy. We may also use personal information about you to improve our marketing and promotional efforts, to analyze APP usage, to improve our content and product offerings, and to customize the APP’s content, layout, and services. These uses improve the APP and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the APP.
We may also use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as APP MY TRACK promotions, administrative notices, product offerings, and communications relevant to your use of the APP. If you do not wish to receive these communications, you can opt out of the receipt of certain communications on your account page of the APP. You may make changes to your account preferences at any time.
Our Disclosure of Your Information
- We will not sell or rent any of your personal information to third parties without your explicit consent. The following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services.
Legal Requests; Emergencies. We cooperate with law enforcement inquiries and demands for information that are made under force of law. Therefore, we may provide personal information to law enforcement agencies in what we believe to be emergency situations, we may provide personal information where we have a good-faith belief that we are required to do so by statute, court order, legal process or lawful authority, and we may provide it to our legal counsel in connection with the foregoing. We may also disclose personal information to third parties if we believe, in good faith, that disclosure is appropriate or necessary to enforce our General Terms of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our APP, and to protect the rights, property, or personal safety of DTA, our users or others. In some cases, personal information that we collect may be stored or processed outside of Luxembourg, and may therefore be subject to the legal jurisdiction of those countries.
Sale or Financing. If DTA becomes involved in a proposed amalgamation or sale of some or all of its assets, or if its owners propose to sell their interest in the company, or in the course of a proposed financing, we may disclose personal information to the proposed acquirers or investors, and their advisors, as part of their due diligence investigations of the Company or upon the completion of the applicable transaction. Any such disclosure will be pursuant to confidentiality agreements customary for such transactions.
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