1- Mofity Terms and Conditions of Use;
Effective as from 01 January 2020
2. Changes to the Agreements
3. Enjoying Mofity
o 3.1 Subscriptions
o 3.2 Codes and other Limited Offers
o 3.3 Trials
4. Licence and assignment
5. Third Party Applications
6. User generated content
8. User Guidelines
9. Copyright infringement
10. Technology limitations and modifications
11. Payments and cancellations
12. Term and termination
15. Entire agreement
We’re pleased to make our Service available to you. The Mofity Service includes social and interactive features.
In order to use the Mofity Service, you need to;
(a) be 18 or older, or be 16 or older and have your parent or guardian’s consent to these Terms,
(b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and
(c) be resident in the Country. You also warrant that any registration information that you submit to Mofity is true, accurate and complete, and you agree to keep it that way at all times.
2- Changes to the Agreements..
Occasionally we may, in our discretion, make changes to the Mofity Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3- Enjoying Mofity
Here’s some information about all the ways you can enjoy Mofity.
Mofity account holders may access the Mofity Service by any of our several Subscriptions:
• Free Service: an ad-based, free-of-charge service with limited functions;
• Purchase of songs or albums;
• Unlimited Service: a subscription fee-based service;
• Premium Service: an ad-free, subscription fee-based service which enables you to listen to music while not connected to the internet, among other features; or
• Mobile Service: via a supported mobile handset.
You may not download or transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Unlimited Service are hereinafter referred to as “Paid Subscriptions”.
3.2 Downloads and other Limited Offers
If you have purchased a song sold by or on behalf of Mofity for listening or access to the Unlimited Service or Premium 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 Mofity (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the purchase and download or other Limited Offer also apply to your access to the Service using the download or Limited Offer.
Subject to any rights you may have under Section 12, paid for songs can be downloaded direct to your device and will also be available in your profile as long as you are still using Mofity. Such purchases are not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other songs.
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment for a period of 7 days (a “Trial”). Mofity reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial after your approval, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Mofity account’s settings before the end of the Trial.
4- License and assignment.
The Mofity Service and the content provided through it are the property of Mofity or Mofity 's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Mofity Service and to receive the media content made available through the Mofity Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Mofity.
The Mofity software applications are licensed, not sold, to you, and Mofity retains ownership of all copies of the Mofity software applications even after installation on your Devices. Mofity 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 Mofity trademarks, service marks, trade names, logos, domain names, and any other features of the Mofity brand are the sole property of Mofity. This Licence does not grant you any rights to use the Mofity trademarks, service marks, trade names, logos, domain names, or any other features of the Mofity brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Mofity Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Mofity 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 settings section of our desktop and mobile client and on our website.
5- Third Party Applications
6- User generated content.
Mofity 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 Mofity. This license lasts until you terminate your Mofity 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 Mofity 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 Mofity Service and your right to object to derogatory treatment of such User Content.
Mofity 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 Mofity’s sole discretion, violates these Agreements. Mofity 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.
Mofity 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, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at email@example.com.
In consideration for the rights granted to you under these Terms, you grant us the right
(a) to allow the Mofity 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 Mofity 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 Mofity Service.
These Terms are not intended to grant rights to anyone except you and Mofity, and in no event shall these Terms create any third party beneficiary rights. Any failure by Mofity to enforce these Terms or any provision thereof shall not waive Mofity’s right to do so.
8- User Guidelines.
We’ve established a few ground rules for you to follow when using the Service, to make sure Mofity stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Mofity 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 Mofity Services or content delivered to you via the Mofity Services, or otherwise any making use of the Mofity Service which is not expressly permitted under these Terms.
(b) Using the Mofity 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 Mofity Services or any part thereof.
(d) Circumventing any technology used by Mofity, 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 Mofity.
(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 Mofity Service.
(i) Providing your password to any other person or using any other person’s user name and password.
Please respect Mofity and other users of the Mofity 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 Mofity or a third part.
(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 Mofity 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 Mofity Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Mofity’s computer systems or network, or breaches any of Mofity’s security or authentication measures, or
(l) Conflicts with the Agreement, as determined by Mofity. You agree that Mofity may also reclaim your username for any reason.
Please be thoughtful about what you make public on Mofity. The Mofity Music 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 Mofity or across the web, so please use Mofity carefully and manage your account settings regularly. Mofity 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.
9- Copyright infringement.
Mofity respects the rights of intellectual property owners. For details on Mofity’s copyright policy.
10- Technology limitations and modifications.
Mofity will make reasonable efforts to keep the Mofity Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Mofity reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Mofity Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Mofity Service or any function or feature thereof. You understand and agree that Mofity has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service..
11- Payments and cancellations.
If you have a Paid Subscription, your payment to Mofity will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
Mofity may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Mofity Service after the price change takes effect, you accept the new price.
12- Term and Termination.
These Terms will continue to apply to you until terminated by either you or Mofity. Mofity may terminate the Terms or suspend your access to the Mofity Service at any time, including in the event of your actual or suspected unauthorised use of the Mofity Service or non-compliance with the Terms. If you or Mofity terminate the Terms, or if Mofity suspends your access to the Mofity Service, you agree that Mofity shall have no liability or responsibility to you and Mofity will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Mofity account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that THE MOFITY SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MOFITY SERVICE AT YOUR OWN RISK. MOFITY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Mofity 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 Mofity Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Mofity 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 Mofity 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 Mofity shall create any warranty on behalf of Mofity in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Mofity Service, the Third Party Applications or the Third Party Application content is to uninstall any Mofity software and to stop using the Mofity Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOFITY, 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 MOFITY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MOFITY 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 MOFITY SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MOFITY DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits Mofity’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.
15- Entire agreement.
These Agreements constitute all the terms and conditions agreed upon between you and Mofity and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Mofity are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Mofity that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Mofity Service may be governed by additional agreements. That could include, for example, access to the Mofity Community for customer support, access to the Mofity 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 are listed in full here. 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 these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in 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.