These terms and conditions (“Terms“) set out informations regarding the rights, obligations and the restrictions that may apply to you as a user (“User“) when you access our website www.lyricsmania.com (“Website“) and/or access, use or download Lyrics Mania application (“Application“) and any services offered in conjunction with the Lyrics Mania application (“Services“).
The Services may include the ability for Users to purchase certain digital products.
The Application is a digital application that facilitates the use of Services, which generally consist of recepies and access to related third party applications (“Third Party Applications“) and websites (“Third Party Sites“), that can be used in conjunction with the Application and/or Services (for example, e-commerce providers, e-mail providers, social networking sites, information and access feature providers). The Website, Application and the associated Services, where not specifically provided otherwise, are supplied by Eight Signs SRL (“we“, “us” and “our” as appropriate).
These Terms may be accessed via the Application directly from your Device, or on our Website at http://www.lyricsmania.com.
If you wish to use our Website, the Application and/or the Services, you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Lyricsmania. You must also pay any charges for the Services which may be applicable, the Services which may be applicable, including all charges relating to purchase and delivery of products.
IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE LYRICSMANIA.
BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS:

a) EXPRESSLY ACCEPTING THESE TERMS OF USE AT ANY TIME, FOR EXAMPLE BY CLICKING ON ANY CLEARLY INDICATED ACTIVATION PHRASE ON YOUR DEVICE.
b) DOWNLOADING THE APPLICATION OR DOWNLOADING AN UPGRADE TO THE APPLICATION (WHICH MAY BE OFFERED FROM TIME TO TIME).
c) PURCHASING A PRODUCT USING THE SERVICES.

1. USAGE POLICY
1.1 Unless otherwise specifically provided by us, our grant of rights to you under these Terms is personal to you and gives you access to use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement in writing (which will only be given in exceptional circumstances) or if otherwise expressly provided in these Terms.
1.2 You agree to provide true, accurate, current and complete information about yourself at any time you are prompted by Lyricsmania to complete a registration form (for example, your name, email address, and certain demographic information) and to maintain the accuracy of this information (such information being the “Membership Data“) throughout the period you use Lyricsmania. Membership Data and certain other information about you are subject to our Privacy Policy.
1.3 If you do not comply with any of Sections 1.2 and 1.5, or we have reasonable grounds to suspect that you have not, we have the right to suspend and/or terminate your account and refuse any and all current or future use of Lyricsmania.
1.4 We may change, suspend or discontinue any aspect of Lyricsmania at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.
1.5 Continued use of the Application and/or Services may require a download of new releases of software which may contain different functionality and consequently may be subject to different licence terms. You agree not to misuse Lyricsmania and to only upload content to Lyricsmania strictly in accordance with these Terms, any other guidance or instructions given by us and all applicable laws.
1.6 Each time you attempt to interact with Lyricsmania,you will send data for which your Network will charge at your usual data rates.

2. DIGITAL PRODUCTS
If you are (or become) a paying customer of any part of the Application and/ or Services or any other product of Lyricsmania, including by purchasing products, except as provided for in our Terms of Sale, we will provide you with relevant information regarding how to place an order, price, delivery procedure and cancellation options on a case by case basis, before completing payment for your purchase. Any purchase will be effective upon the processing of your payment and all sales of digital products on the Services are final.
2.1 Except in the case of any subscription you have for the Services, you acknowledge that any consumer cancellation rights contained in the Consumer Protection (Distance Selling) Regulations 2000 (to the extent applicable) may not apply to contracts for the purchase of the Application and/ or Services, or any other digital product of Lyricsmania. You hereby agree to waive any other right to cancel your purchase of digital products (if applicable) that may be available to you under any worldwide consumer protection laws and all refunds will be at our sole discretion, or at the discretion of any third party operator of a Third Party Site. If a waiver of such rights is prohibited by law, this cancellation right shall be limited to 7 working days.
2.2 You acknowledge that you will not be entitled to any refund for purchases of digital products on the Services, including any purchases made while using the Application.

3. THIRD PARTY APPLICATIONS AND SERVICES
3.1 Lyricsmania may enable you to use functionalities of Third Party Applications and/or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/or Sites to which we may connect (including, but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location) are subject to the terms and conditions of the relevant application and/or Third Party Sites. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.
3.2 We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/or practices of any such third-parties that may be found through Lyricsmania. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/or Sites.
3.3 By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Applications and/or Sites. Accordingly, we encourage you to be aware when you leave Lyricsmania and to read the terms and conditions and privacy policy of each and every other Third Party Application, Site and/or other resources that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Applications and/or Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.
3.4 We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via Lyricsmania or as a result of the failure of such Third Party Applications and/or Sites to function as intended.

4. USER-GENERATED CONTENT
4.1 Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content“). You are responsible for all User Content, as set forth below.
4.2 You retain ownership of User Content. All User Content is wholly original to you (or you have permission to post it to Lyricsmania in the way envisaged under these Terms), at your direction and under your control and you understand that you are responsible for that content and any consequences of posting it to Lyricsmania. By sharing User Content via Lyricsmania (and any Third Party Application and/or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive irrevocable licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via Lyricsmania (and any other Third Party Applications and/or Sites). We require such a licence in order to provide certain functionality within Lyricsmania (and any Third Party Applications and/or Sites). Any User Content submitted by you will remain on Lyricsmania indefinitely.
4.3 You understand and agree that if you post any User Content to Lyricsmania which breaches any of these Terms, we have the right to remove the content, at our sole discretion, and terminate your account and you will be responsible to us for any issues arising out of breach of these Terms.
4.4 Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
4.7 By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of Lyricsmania. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on the Website.

5. LEGAL PROTECTION AND LIMITATIONS
5.1 You acknowledge that Lyricsmania (and any other applications) licensed by us to you are our property and all intellectual property rights in the Application, the Services and the technology used or supported by the Application, anywhere in the world belong to us. You have no right to access the Application in source-code form at any time. You are granted only a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Lyricsmania or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of Lyricsmania or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Lyricsmania to any person.
5.2 YOUR USE OF LYRICSMANIA IS AT YOUR SOLE RISK. LYRICSMANIA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT
a) Lyricsmania WILL MEET YOUR REQUIREMENTS,
b) DELIVERY OF ANY PORTION OF Lyricsmania WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Lyricsmania WILL BE ACCURATE OR RELIABLE,
d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS,
e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED,
f) ANY PORTION OF Lyricsmania OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE Lyricsmania SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
5.3 Under no circumstances will we or our subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Lyricsmania (and any other applications), any content delivered to you or Lyricsmania, whether or not we have been advised of the possibility of such damages or loss.
5.4 You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and we play no active role in the distribution or presentation of User Content. We do not review or monitor User Content to ensure it is compliant with these Terms and applicable law. It is solely your responsibility to ensure User Content is acceptable and compliant.
5.5 You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.
5.6 Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence.
5.7 Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
5.8 We will endeavour to comply with mandatory local regulations of public policy and consumer protection, but disclaim all and any liability, apart from the liability assumed within these Terms, to the maximum extent permitted by law.

6. GENERAL
6.1 These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of Lyricsmania.
6.2 If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
6.3 You may at any time unsubscribe or cancel your Lyricsmania account, subscription or any other relationship with Lyricsmania which is being governed by these Terms via Third Party Sites. Please note, however, that Lyricsmania will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of Lyricsmania Services that you have already used or previously committed to.
6.4 We may at any time terminate your account or prevent you from gaining access to Lyricsmania. If we terminate your account, we may immediately delete all the files and information on your profile and prevent you accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of access to Lyricsmania, but this may not always be possible. We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Website, Application or Services. If you are a paying customer and our Services to you are terminated you may be entitled to a refund of the reasonable part of any charges paid by you.
6.5 We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Lyricsmania in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents. We may provide you with notices regarding Lyricsmania or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.
6.6 We may amend these Terms at any time by posting the amended terms on our Website and/or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.
6.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you or if we delay in doing so this does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6.8 A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any of these Terms.

Eight Signs SRL
info@eightsigns.it

See our privacy policy