3. Qualification For Use
You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Dreytunes Service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms. The User must have the contractual capacity to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to Dreytunes is true, accurate and complete, and you always agree to keep it that way and the Company will not be held liable for any loss or damage that may arise in this respect.
4. Changes To The Agreements
The Company may in its sole discretion, from time to time, change these Terms, at any time without notice. We will display the changes on this page of the Site or through a notification in the application and such changes shall be effective immediately. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
6. Dreytunes Services
In order to access our service, you will have to create an account with My Dreytunes either by formally registering with Dreytunes, or via the application, or a third party. Dreytunes plus doesn’t require registration, Here’s some information about all the ways you can enjoy Dreytunes.
Dreytunes account holders may access the Dreytunes Services for free But Our Music Distribution and promotions Services are based on Subscription
6.2 Music Promotions and Distributions Codes and other Limited Offers (APPLIES TO ARTISTS)
If you have purchased a code sold by or on behalf of Dreytunes for access to the Premium Music Distributions and promotional Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Dreytunes (“Limited Offer”), these Agreements apply to your access to the Service. Any separate set of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer. Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
6.3 Accessing Dreytunes Platfroms (MY Dreytunes & Dreytunes Plus)
The quality of the display or streaming of the content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, your device, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Dreytunes makes no representations or warranties about the quality of your streaming experience on your device. The time it takes to begin watching content will vary based on several factors, including your location, available bandwidth at the time or other audio/visual entertainment you have selected and the configuration of your viewing device. We continually update the Dreytunes Services, including the content library, delivery methods and pricing. And we may add or remove content from our Service or change the basis on which the content is available on the Service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
7. Assignment And Restrictions
You agree to use the Dreytunes Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree that:
- You are prohibited from reproducing, modifying, copying, uploading, exporting, transferring, selling, forwarding or transmitting the Contents on the Site or in the application and further not to reproduce any information of the Site or in the application on any other website.
- You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content including geo-filtering mechanisms.
- You may not either directly or through the use of any device, software, internet site, web-based service, or other download, stream, (except as explicitly authorized in these Terms) copy, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content unless expressly permitted by the Company in writing.
- You may not incorporate the content into, or stream or retransmit the content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the content unless authorized by the Content creator
- You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Dreytunes service; use any robot, spider, scraper or other automated means to access the Dreytunes service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Dreytunes service; insert any code or product or manipulate the content of the Dreytunes service in any way; or, use any data mining, data gathering or extraction method.
- You shall not upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Dreytunes service, including any software viruses or any other computer code, files or programs.
- You may not build a business utilizing the content, whether or not for profit. The content covered by these restrictions includes without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the content, including beats, soundtracks, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- You may not arrange for any other website to be connected to the Site or application by way of hyperlink or otherwise without the prior written consent of the Company.
- You may not modify, enhance, remove, interfere
with, or otherwise alter in any way any portion of the Music/Video Player,
its underlying technology, any digital rights management mechanism,
device, or other content protection or access control measure incorporated
into the Music/Video Player. This restriction includes, without
limitation, disabling, reverse engineering, modifying, interfering with or
otherwise circumventing the Music/Video Player in any manner that enables
You to view the content without:
- Displaying visibly both the Music/Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, watermarks and trademarks) of the webpage where the Music/Video Player is located; and
- Having full access to all functionality of the Music/Video Player, including, without limitation, all music/video quality and display functionality and all interactive, elective, or click-through advertising functionality.
The Dreytunes Service and the content provided through it are the property of Dreytunes or Dreytunes’s licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Dreytunes Service and to receive the media content made available through the Dreytunes Service in your Local Country
The Dreytunes software applications are licensed, not sold, to you, and Dreytunes retains ownership of all copies of the Dreytunes software applications even after installation on your Devices. Dreytunes may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All Dreytunes trademarks, service marks, trade names, logos, domain names, and any other features of the Dreytunes brand are the sole property of Dreytunes. This Licence does not grant you any rights to use the Dreytunes trademarks, service marks, trade names, logos, domain names, or any other features of the Dreytunes brand, whether for commercial or non-commercial use.
You agree to abide by our terms and not to use the Dreytunes Service (including but not limited to its content) in any manner not expressly permitted by the Terms. Third party software libraries included in the Dreytunes Service are licensed to you either under these Terms, or under the relevant third-party software library’s licence terms as published in the help or any other section of our website/ mobile app.
8. Third Party Applications
9. User Generated Content
Dreytunes users may
post, upload and/or contribute (“post”) content to the Service, including
pictures, text and playlist compilations (“User Content”). You represent that
you have the right to post any User Content which you post to the Service, and
that such User Content, or its use by us as contemplated by this Agreement,
does not violate these Agreements, applicable law, or the intellectual property
rights of others. You grant us a non-exclusive, transferable, sub-licensable,
royalty-free, worldwide license to use any User Content that you post on or in
connection with Dreytunes. This license lasts until you terminate your Dreytunes
account, except in the case of User Content that you have published, made
public and/or share with others. Aside from the rights specifically granted
herein, you retain ownership of all rights, including intellectual property
rights, in the User Content that you post to the Dreytunes Service, except
that, where applicable under Local Country law, you agree to waive your right
to be identified as the author of any User Content on the Dreytunes Service and
your right to object to derogatory treatment of such User Content.
Dreytunes does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Dreytunes’s sole discretion, violates these Agreements. Dreytunes may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Dreytunes is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, does not comply with the User Guidelines (Section 11 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at [email protected]
In consideration for
the rights granted to you under these Terms, you grant us the right (a) to
allow the Dreytunes Service to use the processor, bandwidth and storage
hardware on your Device in order to facilitate the operation of the Service,
(b) to provide advertising and other information to you, if you subscribe to
the Free Service, and (c) to allow our business partners to do the same.
You grant Dreytunes a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Dreytunes Service.
These Terms are not intended to grant rights to anyone except you and Dreytunes, and in no event shall these Terms create any third-party beneficiary rights. Any failure by Dreytunes to enforce these Terms or any provision thereof shall not waive Dreytunes’s right to do so.
11. User Guidelines
We have established
a few ground rules for you to follow when using the Service, to make sure Dreytunes
stays enjoyable for everyone. Please follow these rules and encourage other
users to do the same.
Dreytunes respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Dreytunes Services or content delivered to you via the Dreytunes Services, or otherwise any making use of the Dreytunes Service which is not expressly permitted under these Terms; (b) using the Dreytunes service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Dreytunes Services or any part thereof; (d) circumventing any technology used by Dreytunes, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Dreytunes; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Dreytunes Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect Dreytunes and other users of the Dreytunes Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Dreytunes or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Dreytunes inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Dreytunes Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Dreytunes’s computer systems or network, or breaches any of Dreytunes’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Dreytunes. You agree that Dreytunes may also reclaim your username for any reason.
Please be thoughtful about what you make public on Dreytunes. The Dreytunes Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Dreytunes or across the web, so please use Dreytunes carefully and manage your account settings regularly. Dreytunes has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
12. Copyright Infringement
All rights reserved. No part of Dreytunes may be Copied, reproduced, ripped, recorded, re-engineered, decompiled, disassembled, modified reproduced, distributed, or transmitted in any form or by any means either electronic or mechanical methods, without the prior written permission of Dreytunes. For permission requests, write to the Legal through [email protected]
13. Technology Limitations And Modifications
Dreytunes will make reasonable efforts to keep the Dreytunes Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Dreytunes reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Dreytunes Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Dreytunes Service or any function or feature thereof. You understand and agree that Dreytunes has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
14. Export Control
You agree that you
shall not – directly or indirectly – sell, export, reexport, transfer, divert,
or otherwise dispose of any products, software, or technology (including
products derived from or based on such technology) received from Dreytunes
under these Agreements to any destination, entity, or person prohibited by the
laws or regulations of the Federal Republic of Nigeria, without obtaining prior
authorization from the competent government authorities as required by those
laws and regulations. This export control clause shall survive termination or
cancellation of these Agreements.
15. Term And Termination
These Terms will continue to apply to you until terminated by either you or Dreytunes. Dreytunes may terminate the Terms or suspend your access to the Dreytunes Service at any time, including in the event of your actual or suspected unauthorized use of the Dreytunes Service or non-compliance with the Terms. If you or Dreytunes terminate the Terms, or if Dreytunes suspends your access to the Dreytunes Service, you agree that Dreytunes shall have no liability or responsibility to you and Dreytunes will not refund any amounts that you have already paid for your music distribution/promotions as an artists to the fullest extent permitted under applicable law. To learn how to terminate your Dreytunes account, please visit support.dreytunes.com
We endeavor to provide the best Service we can, but you understand and agree that THE DREYTUNES SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE DREYTUNES SERVICE AT YOUR OWN RISK. DREYTUNES DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Dreytunes does not warrant, endorse, guarantee or assume responsibility for any Third-Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Dreytunes Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Dreytunes is not responsible or liable for any transaction between you and third-party providers of Third-Party Applications or products or services advertised on or through the Dreytunes Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Dreytunes shall create any warranty on behalf of Dreytunes in this regard.
You agree that, to
the extent permitted by applicable law, your sole and exclusive remedy for any
problems or dissatisfaction with the Dreytunes Service, the Third-Party
Applications or the Third-Party Application content is to uninstall any Dreytunes
software and to stop using the Dreytunes Service, the Third-Party Applications
or the Third-Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DREYTUNES, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE DREYTUNES SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DREYTUNES HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DREYTUNES SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO DREYTUNES DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits Dreytunes’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
18. Entire Agreement
This Agreement constitute all the terms and conditions agreed upon between you and Dreytunes and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreement in any written or oral communication from you to Dreytunes are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Dreytunes that are not contained in the Agreement.
Please note, however, that other aspects of your use of the Dreytunes Service may be governed by additional agreements. That could include, for example, access to the Dreytunes Community for customer support, access to the Dreytunes Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which may be provided from time to time. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to this Agreement, and do not supersede this Agreement. To the extent that there is any conflict between those agreements and this Agreement, this Agreement shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
21. Choice Of Law And Dispute Resolution
validity, construction and performance of this Agreement shall be governed by
the laws of the Federal Republic of Nigeria.
Parties shall use their best endeavors to amicably settle any dispute or difference of opinion arising from or in connection with this Agreement through mutual discussions.
Where the Parties are unable to resolve the dispute through mutual discussions, the dispute or difference of opinion shall be referred to mediation conducted by their legal representatives or financial auditors, where financial matters are involved. Failing which the dispute shall finally be referred to arbitration in accordance with the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria 2004, or any amendment thereto.
The place of arbitration shall be Lagos State, Nigeria and there shall be a sole arbitrator who shall be appointed jointly by the parties. Where the parties fail to jointly agree on the appointment, they shall approach the Lagos Multi-Door Court House to appoint a sole arbitrator who shall be competent to adjudicate on the issue in dispute.
The language to be used in the arbitral proceedings shall be English.
The arbitral award shall be final and binding between the Parties.
The reference of any dispute to arbitration shall not prevent the Parties from seeking any form of protective reliefs/injunctions/specific performance from a court of law via motion or other originating processes for the protection of any res pending the constitution of the Arbitral Panel and/or final award.
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Last updated- November 2019