Mela Music Terms of Use
Effective June 20, 2024
Welcome to Mela Music! These Terms of Use (“Terms”) govern your access to and use of our web applications (the “App”), operated by Mela Music (“we”, “us”, or “our”). By accessing or using our App, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the App.
1. Acceptance of Terms
By accessing or using the App, you affirm that you are at least 18 years old or have the legal authority to enter into these Terms. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the App following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically.
3. Use of the App
3.1. License
Mela Music grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the App for your personal or internal business purposes, in accordance with these Terms.
3.2. Account Registration
To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3. Prohibited Uses
You agree not to use the App to:
– Engage in any illegal or unauthorized activities.
– Post or transmit any content that is unlawful, defamatory, obscene, or harmful.
– Violate the rights of others, including intellectual property rights and privacy rights.
– Introduce any viruses, malware, or other harmful code.
– Interfere with or disrupt the operation of the App or the servers or networks connected to the App.
– Engage in any activity that could damage, disable, or impair our services or infrastructure.
4. Intellectual Property
4.1. Ownership
All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and the design, selection, and arrangement thereof, are the exclusive property of Mela Music or its licensors and are protected by applicable intellectual property laws.
4.2. User Content
By submitting, posting, or displaying content on or through the App (“User Content”), you grant Mela Music a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, and distribute such User Content in connection with the operation of the App and Mela Music’s business. You represent and warrant that you have the right to grant this license and that your User Content does not infringe the rights of any third party.
5. Subscription and Payments
5.1. Subscriptions
Certain features or services within the App may require a subscription. If you choose to purchase a subscription, you agree to pay all applicable fees and taxes. Subscription terms and fees will be clearly stated at the point of purchase.
5.2. Payment
All payments are processed through secure third-party payment processors. You agree to provide accurate and complete payment information. We are not responsible for any payment processing errors or issues.
5.3. Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle. Refunds will be provided at our sole discretion and only in accordance with our [Refund Policy](#).
6. Privacy
Your use of the App is also governed by our [Privacy Policy], which explains how we collect, use, and protect your information. By using the App, you consent to our collection and use of your information as described in the Privacy Policy.
7. Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis. Mela Music makes no representations or warranties of any kind, express or implied, regarding the operation of the App or the information, content, materials, or products included in the App. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
To the fullest extent permitted by law, Mela Music shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of or inability to use the App, even if we have been advised of the possibility of such damages. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.
9. Indemnification
You agree to indemnify, defend, and hold harmless Mela Music, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.
10. Governing Law
These Terms and your use of the App shall be governed by and construed in accordance with the laws of the New Zealand, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New Zealand, for the resolution of any disputes arising out of or relating to these Terms or the App.
11. Termination
We reserve the right to terminate or suspend your account and access to the App, without notice or liability, if you violate these Terms or engage in any conduct that we deem harmful or unlawful. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.
12. Miscellaneous
12.1. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Mela Music regarding your use of the App and supersede any prior agreements or understandings.
12.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
12.3. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12.4. Contact Us
If you have any questions about these Terms, please contact us at:
Mela Music
Email: support@melamusic.com
Thank you for using Mela Music!