TERMS AND CONDITIONS
1. DEFINITIONS
The following terms and definitions apply to this User Agreement and the relations of the parties arising from or related to it:
«Administration of the Service» – MUSIC ALLIGATOR LTD, registered office address: 7 Bell Yard, London, England, WC2A 2JR;
«Platform» – software and hardware integrated with the Site;
«User» – a capable individual who has acceded to this Agreement in his own interest or acting on behalf and in the interests of the legal entity he represents;
«Site» – an Internet site located at: https://musicalligator.com;
«Service» – a set of services of the online digital distribution service “MusicAlligator” provided to the User using the Platform on the Site;
«Agreement» – this User Agreement on the use of the online digital distribution service “MusicAlligator” with all changes and additions.
2. GENERAL PROVISIONS
2.1 This Agreement governs the relationship that arises between the Administration of the Service and the Users in the process of using the functionality of the Service by the Users.
2.2 This Agreement is an agreement of accession, i.e. an agreement, the terms of which are determined by the Administration of the Service in a standard form and can be accepted by the User only by joining the proposed agreement as a whole.
2.3 In accordance with this Agreement, the Service Administration offers Users services for using the capabilities and functionality of the Service posted on the Site, on the terms provided for in this Agreement, as well as other documents that govern the legal relationship between the Service Administration and Users.
2.4 The Service is an Internet platform within which the Service Administration provides Users with the opportunity to release their music, share it with listeners all over the world, earn money and develop a musical career.
2.5 This Agreement governs the procedure for the provision by the Administration of the Service of information and other services through the technical capabilities of the Site.
2.6 The current version of this Agreement is posted at: https://musicalligator.com.
2.7 The Service Administration reserves the right to make changes to the text of this Agreement by notifying the Users by publishing a new version of the Agreement on the Internet at: https://musicalligator.com. The User is obliged to regularly monitor the changes made to the Agreement. If the User does not agree with the new version of the Agreement, then the User is obliged to immediately stop using the Service. If, after the entry into force of the new version of the Agreement, the User continues to use the Service, the User thereby confirms his full agreement with the new version of the Agreement.
2.8 The User is obliged to fully familiarize himself with the Agreement before starting to use the functionality of the Service. The use of the Service means the full and unconditional acceptance by the User of this Agreement in accordance with the norms of the applicable laws.
3. JOINING THE AGREEMENT
3.1 To fully use the functionality of the Service, the User must join this Agreement as a whole.
3.2 Accession to this Agreement means the full acceptance and consent of the User with the terms of this Agreement, as well as other documents that regulate the operation of the Service and are posted on its pages.
3.3 From a legal point of view, accession to this Agreement is the legal actions of the User aimed at using the functionality of the Service.
3.4 The User is prohibited from using the functionality of the Service without full and unconditional consent to the terms of this Agreement.
3.5 All electronic documents, notifications and declarations of intent executed or executed remotely, through the Service and within the framework of this Agreement, are recognized as made in simple written form in a proper manner.
3.6 The term of accession to this Agreement is unlimited.
3.7 Accession to this Agreement cannot be revoked by the User.
4. RIGHTS AND OBLIGATIONS OF THE SERVICE ADMINISTRATION
4.1 The Service Administration acts on behalf of the Service and the owner of the Service within the framework of this Agreement and other documents that regulate the operation of the Service.
4.2 The Administration of the Service exercises control over the operation of the Service, its performance, as well as the actions of Users in the process of using the functionality of the Service.
4.3 The Service Administration reserves the right to restrict access to the Service to Users who violate the terms and conditions of this Agreement, as well as other documents that regulate the use of the Service.
4.4 The Service Administration has the right to:
4.4.1 at any time change the design of the Service, its content, the list of services, change or supplement the software and other objects used or stored in the Service, any server applications at any time with or without prior notice;
4.4.2 if necessary, send messages to Users by e-mail and other available means regarding the use of the Service;
4.4.3 to provide Users with services, the procedure for the provision of which is provided for in this Agreement, as well as in other documents that regulate legal relations between the Administration of the Service and Users;
4.4.4 request at any time and in any form from the Users consent to the collection and processing of personal data in the Service;
4.4.5 import and store personal data that has been granted access by Users;
4.4.6 establish additional restrictions on the use of the Service, as well as change such restrictions at any time;
4.4.7 take other actions to improve the quality and ease of use by the Users of the Service.
4.5 The Service Administration undertakes:
4.5.1 provide information and personal data provided by Users to third parties in strict accordance with the provisions of this Agreement and the norms of the applicable laws;
4.5.2 organize and ensure the proper provision of services to Users, within the terms of this Agreement, as well as other documents that regulate legal relations between Users and the Administration of the Service;
4.5.3 provide oral and written consultations to Users on additional issues that may arise in the process of execution of this Agreement, as well as other documents that regulate legal relations between Users and the Administration of the Service.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1 The user has the right:
5.1.1 use the functionality of the Service, which is provided for the corresponding status of the User;
5.1.2 require the Service Administration and other Users to comply with the terms of this Agreement, as well as the terms of other documents that regulate the operation of the Service and the legal relationship between the User and the Service Administration;
5.1.3 send requests to the Service Administration regarding the operation of the Service.
5.2 The user undertakes:
5.2.1 Comply with all the terms of this Agreement, as well as other documents that regulate the operation of the Service and the legal relationship between the User and the Administration of the Service;
5.2.2 not use the services provided by the Service Administration for illegal purposes or for purposes that may in any way damage the Service and / or third parties;
5.2.3 not to disclose confidential information that became known to him as a result of using the Service;
5.2.4 not perform actions prohibited by the Agreement in the Service;
5.2.5 get acquainted with the content of this Agreement and other documents regulating the procedure for the provision of services by the Administration of the Service and the procedure for using the Service;
5.3 When using the Service, the User is prohibited from:
5.3.1 use the Service in any way that may interfere with the normal functioning of the Service and its elements;
5.3.2 upload, store, publish, distribute and make available or otherwise use viruses or other harmful software;
5.3.3 take actions aimed at destabilizing the functioning of the Service, attempt unauthorized access to the management of the Service or its closed sections, as well as carry out any other similar actions;
5.3.4 use automated scripts (programs) to collect information and/or interact with the Service.
6. CONFIDENTIALITY OF PERSONAL DATA
6.1 The Service Administration guarantees the collection, processing and storage of Users’ personal data in strict accordance with the requirements of the applicable personal data protection laws.
6.2 The procedure for processing the personal data of Users is governed by the Privacy Policy, which is located at: https://musicalligator.com/documents/privacy-policy.
7. RESPONSIBILITY
7.1 The Service is a means for the transmission of information by Users..
7.2 The Service Administration is not responsible for the legal relationship between Users and third parties, which are governed by separate agreements concluded between Users and third parties.
7.3 The Service Administration makes every possible effort to exclude offensive, untrue or illegal information from the Service.
7.4 The Administration of the Service is not responsible for the accuracy of the information posted by Users on the pages of the Service.
7.5 The Administration of the Service does not guarantee that the software, servers and computer networks used by the Service are free from errors and malware. The Administration of the Service is not responsible if the use of the Service has resulted in the loss of data or damage to the equipment.
7.6 The Administration of the Service is not responsible for possible failures and interruptions in the operation of the Service and the loss of information caused by them. The Service Administration is not responsible for any damage to the User’s computer, mobile devices, any other equipment or software caused by or associated with the use of the Service.
7.7 The Service Administration does not bear any responsibility or any obligations for damage caused to the User as a result of interaction with advertising or information posted on the Service.
7.8 The Service Administration is not responsible for any damage that may be caused to the User, including loss of data, deletion of content or termination of the Service.
7.9 Under no circumstances shall the Service Administration be liable to the Users or to any third parties for any damage, including lost profits or lost data, harm to life and health, honor, dignity or business reputation resulting from the use of the Service, even if the Service warned or pointed out the possibility of such harm.
7.10 For violation of the terms of this Agreement, the User’s access to the Service or individual sections of the Service may be limited, suspended or terminated for an indefinite period.
8. DISPUTES RESOLUTION
8.1 This Agreement is governed by and construed in accordance with the laws of England and Wales.
8.2 All disputes arising within the framework of the execution of this agreement and other documents of the Service are resolved through negotiations.
8.3 If it is impossible to resolve the dispute through negotiations, the dispute shall be submitted to the jurisdiction of the English courts.
9. FORCE MAJOR
9.1 The Service Administration is released from liability for partial or complete failure to fulfill obligations under this Agreement, if such failure was the result of force majeure circumstances that arose after the publication of this Agreement as a result of force majeure circumstances that the parties could not foresee or prevent.
9.2 The parties include only the following events as force majeure circumstances that make it impossible for the respective party to fulfill its obligations under the contract: earthquakes, floods, other natural disasters, fires, nuclear and other industrial accidents, as well as strikes, hostilities, civil unrest or acts of state bodies, impeding the fulfillment of the terms of the Agreement. All other obstacles, regardless of their nature or characteristics, are not considered force majeure, with the exception of those obstacles that will be specifically recognized by the parties as caused by force majeure circumstances.
10. FINAL PROVISIONS
10.1 The Agreement is concluded between the User and the Administration of the Service regarding the procedure for using the Service, is binding and is valid from the moment the Users join the Agreement for an indefinite period.
10.2 The e-mail address of the Administration of the Service for consideration of requests from Users: support@musicalligator.com
