Terms of use application

April 24, 2022

Last modification date: april 24, 2022

The ExpertMusic application for business is software for musical design of any public place (Application).

Application & Content is provided by Expert Music Ltd.

00-571, Al. Armii Ludowej 6/164,

Warszawa, Poland

tel. +48 660 362 868

support@expertmusic.net

NIP 7010414161

Regon 147119490

KRS 0000502608

hereinafter “ExpertMusic”

These Terms applies to the use of this application and Content from ExpertMusic catalogue. When visiting our application these Terms, Privacy Policy applies to your use. If you do not want to be bound by the above mentioned terms, please do not visit this Application and do not use our Service.

Please note that any and public performance use of the music provided within the service will be subject to a separate music License agreement either between you and ExpertMusic.

By visiting our software application you acknowledge that you have read and understood and agree to be bound by these Terms and therein referred to documents.

ExpertMusic reserves the right, at its full discretion, to modify these Terms at any time. Such modification enters into force when published on our website, software application, or communicated to you in any other appropriate manner. Your continued use of the application & service after such modification is valid as consent thereto. Do check the website or the software application regularly to verify whether these Terms or other documents referred to herein have been modified.

Clause 1. Definitions

APPLICATION EXPERTMUSIC: a computer program containing specially created Content from ExpertMusic catalog for use in public places (for commercial or non-commercial purposes).

CONTENT CATALOG OF EXPERTMUSIC: musical works with or without text recorded in a phonogram and video for which ExpertMusic has copyright and related rights to issue a permit for public performance in public places.

CONTENT: music or video content in the form of playlists, audio or video streams, other solutions.

EXPERT MUSIC LICENSE FOR PLAYING MUSIC IN PUBLIC PLACES - is issued for a fee or free of charge to a specific user, for a certain period of time, for a clearly defined public place on the terms of a License agreement

LICENSE AGREEMENT:the full text of the license agreement is available at https://en.legal.indoor.expertmusic.net/license-agreements/license-agreement-application See how to get a license clause 3.

PRIVACY POLICY: the processing of personal data is regulated by Privacy policy full text can be found at https://en.legal.indoor.expertmusic.net/privacy-policy

USER or YOU: shall mean any person accessing the application ExpertMusic.

USING MUSIC IN A PUBLIC PLACE - playing music from the Expert Music catalog in public places is allowed after obtaining a paid or free license to use music from the ExpertMusic catalog in public places.

Clause 2. The Application and limitations of use

The Application is an online service with video and music Content from ExpertMusic catalog for the purpose to be used for example stores, hotels, bars, restaurants, gyms etc. (so called in-store radio or in-store video service), under the terms and conditions as set out in these Terms and the applicable License agreement.

You access the Application ExpertMusic. The Application is available for entities and persons that have registered and created user accounts to the Application (some services or music may be available without registration and account creation). In order to use the Application and access the music you will have to be no younger than 16 years old. You will also have to have the power to enter into a binding contract (i.e. be of mental capacity to enter into binding agreements, not personally bankrupt etc.) and not be barred from doing so under any applicable law.

The assortment of Content may be amended at all times by ExpertMusic, with or without any notice to you. You accept that the Content that is available might not be available at a later stage.

Content types and descriptions, such as genres, categories etc., are provided for your convenience only and ExpertMusic does not guarantee their accuracy.

You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Application in a manner that sends more requests to ExpertMusic or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.

You agree to don't use Content in public places without order for a license and subscription (fee or free of charge). License to use the Content in public places - is issued for a fee or free of charge to a specific user, for a certain period of time, for a clearly defined public place on the terms of a public License agreement

Clause 3. Content in Application and license for playing Content in public places

The content differs by:

1. with open free access - Freemium (may contain advertising). For public performance in public places, you need to get a free subscription to get a license. To obtain a license, please contact our support service.

2. with limited and paid access - Premium (without advertising). To get access and a license for public performance in public places, you need to subscribe for a fee. After subscribing, you will receive a license automatically.

Clause 4. Payments etc.

Some of our different services requires payment. If you have received a discount code or free offer/a free trial period provided by ExpertMusic or from a third party acting on behalf of ExpertMusic for access to a paid Service, separate additional terms and conditions for such offer may also apply to such access to the Service and you must agree to comply with such terms in order to be able to use the Service.

Clause 5. Intellectual Property Rights

You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and under the applicable music license agreement.

All content available through the Application and on the website or software application, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of ExpertMusic.

Except for the rights expressly granted to you in the applicable music license agreement and in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by ExpertMusic. ExpertMusic do under no circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Application or the Content.

Clause 6. Third Party Applications

ExpertMusic Applications is integrated with third party applications, websites and other services to make the Service and Content available to you as a user. These third party applications may have their own terms and conditions of use etc., and your use of these third party applications will therefore be subject to the applicable terms and conditions for such third party provider. ExpertMusic is not responsible or liable for behavior, content or features of any third party application.

Clause 7. Privacy and Personal Data

ExpertMusic process personal data about you and your use of the Application in accordance with ExpertMusic Privacy Policy.

The personal data which we provide you with and that is included in our service must be processed by you (as data controller) in accordance with applicable laws and regulations.

Clause 8. Service Level and Disclaimer

ExpertMusic will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.

ExpertMusic is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond ExpertMusic control.

ExpertMusic will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. ExpertMusic will try to arrange updates and maintenance outside of peak usage hours.

THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EXPERTMUSIC MAKES NO WARRANTY, REPRESENTATION, EXPRESS OR IMPLIED, AND/OR DISCLAIMER AS REGARDS TO THE AVAILABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, CONTENT OR OTHER DATA PROVIDED AND THE QUALITY OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE OBTAINED IN THE SOFTWARE INDUSTRY. NEITHER EXPERTMUSIC NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

ExpertMusic (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN, LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY.

ExpertMusic reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and ExpertMusic shall have no liability to you if ExpertMusic exercises such rights.

Clause 9. Indemnity

Upon request by ExpertMusic, you agree to indemnify, defend and hold ExpertMusic harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms and Conditions.

Furthermore, ExpertMusic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with ExpertMusic in asserting any available defenses.

Clause 10. Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICE. WHILE EXPER MUSIC ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO EXPERTMUSIC, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXPER MUSIC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER EXPER MUSIC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO EXPER MUSIC DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Clause 11. Term and Termination

This agreement will continue to be in force until terminated by you or ExpertMusic.

If you or ExpertMusic terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to Content will immediately terminate. ExpertMusic may further, at its sole discretion, terminate your account and your access to the Service with 2 week’s notice.

Clause 12. Assignment

ExpertMusic is entitled to in whole or in part assign its rights and obligations under these Terms and Conditions to a third party. You may not assign these Terms and Conditions to any party.

Clause 13. Partial Invalidity

If any provision of these Terms and Conditions shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms and Conditions shall not be affected thereby. Each provision of these Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.

Clause 14. Law and Dispute Resolution

Polish law shall apply to these Terms and Conditions except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be determined by Swedish courts of general jurisdiction where the district court of Warsaw shall be the court of first instance.

ExpertMusic has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.

Clause 15. Additional Information or Questions

If you would like to receive further information regarding the Terms, you are more than welcome to contact us via the contact details provided below.

00-571, Al. Armii Ludowej 6/164,

Warszawa, Poland

tel. +48 660 362 868

support@expertmusic.net