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Terms and Conditions

Nobody likes reading these sort of things, but unfortunately there're always some rules.


Thank you for your interest in and use of our products and services, and the content contained therein (the "Services").
OlovaMp3 ("OlovaMp3 ", "we", "us", or "our") provides these Services to you ("you" or "your"), subject to the terms contained in this OlovaMp3 Services Terms of Use (this "Agreement").
This Agreement is a binding legal agreement between you and the applicable OlovaMp3 Entity depending upon the country of your residence.
Please read the terms and conditions of this Agreement carefully before using our Services.
The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you.
By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement.
If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.

A. You agree not to, and will not assist, encourage, or enable others to use the Site to:

i.   Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone's privacy, or otherwise in violation of any law;
ii.   Post or transmit any material in violation of a third party's copyright or other intellectual property or proprietary rights;
iii.   Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature; iv. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without OlovaMp3's prior written consent;
v.   Solicit, request or collect personal information for commercial or unlawful purposes;
vi. Solicit personal information from minors;
vii.   Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
viii.   Engage in keyword spamming, or otherwise attempt to manipulate the Site's search results; or
ix.   Impersonate any other individual or entity.

B. You also agree not to, and will not assist, encourage, or enable others to:

C. Ability to Use the Services.

In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age, or if you have parental consent, at least 15 years of age in Australia or 13 years of age in all other Authorized Jurisdictions ("Minimum Age").
The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that
(a) you are at least the Minimum Age in the applicable Authorized Jurisdiction;
(b) you have the consent of your parent(s) to use the Services if you are under 18 years of age;
(c) you have all the applicable rights and authority to grant OlovaMp3 the rights granted herein; and
(d) you have read, understood, and agree to be bound by this Agreement.
If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

D. Privacy.

OlovaMp3’s privacy policy explains the data we collect, use, store, and process while you use and access our Services.
By using our Services, you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy.

E. Compliance with Policies.

While using the Services, you agree that you will comply with all posted policies, including our Community and Content Policy and Intellectual Property Policy, as we may update from time to time.
We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies.

F. Additional Terms and Conditions.

Some of the Services we offer may require additional terms and conditions.
We will make those additional terms and conditions available to you with the relevant Services.
If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.

G. Your License to Use the Services.

Some of the Services we offer may require additional terms and conditions.
We will make those additional terms and conditions available to you with the relevant Services.
If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.
Your License to Use the Services.
Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), OlovaMp3 hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services in an Authorized Jurisdiction, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties.
You may only access and/or use the Services through the certified applications or intended methods that OlovaMp3 or our licensed partners make available to you.
Any access or use of our Services through an application, service, or method provided by a party other than OlovaMp3 or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action.
Any other use not authorized herein, or by OlovaMp3 in writing, is strictly prohibited and a violation of this Agreement.
OlovaMp3 may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
Restrictions. Except as otherwise specifically permitted in this Agreement, you shall not:
(a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof;
(b) access or use the Services through an application or means not authorized by OlovaMp3 ;
(c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services;
(d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party;
(e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services;
(f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services;
(g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without OlovaMp3 's prior written consent;
(h) provide your username and password used to access the Services to any third party;
(i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services;
(j) circumvent any technological measures employed by or on behalf of OlovaMp3 to protect the Services;
(k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of OlovaMp3 or other users of the Services; or
(i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

H. Communication Preferences and Consent.

From time to time we may send you communications to the email address associated with your account.
These communications may include, but are not limited to, tips and station recommendations, special offers, and other account-related or transactional messages.
Also, when you create a station, you may receive communications from or related to artist(s) associated with that station by or on behalf of OlovaMp3.
Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications.
If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device.
By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of OlovaMp3.
You may modify your communication preferences at any time within the Settings section of our website or applications.
You may not opt-out of receiving account-related or transactional communications.

I. Explicit Content.

THE SERVICES PROVIDE MANY FORMS OF ENTERTAINMENT CONTENT, SOME OF WHICH YOU MAY CONSIDER INAPPROPRIATE FOR THOSE UNDER THE AGE OF 18.
THIS ENTERTAINMENT CONTENT MAY CONTAIN LYRICS, SPEECH, VISUAL IMAGES, OR OTHER MEDIA THAT INCLUDES STRONG LANGUAGE, OR DEPICTIONS OF VIOLENCE, SEX, OR SUBSTANCE ABUSE ("EXPLICIT CONTENT").
PARENTAL DISCRETION IS ADVISED FOR ALL USERS OF THE SERVICES UNDER THE AGE OF 18.

J. Content Selection and Functionality of the Service.

Although we rely primarily on your selections and interactions with the Services to select the content that we display and perform, there are many factors that influence our ability to provide certain content and services, such as licensing restrictions and content costs.
OlovaMp3 reserves the right in its discretion to select, display, and perform content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements, territorial limitations, industry trends, and content cost and availability.
We strive to provide you with the best possible experience, and keep your tastes in mind when we select content to display and perform.
However, in order to provide the Services, OlovaMp3 must reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.

K.Listening Activity & Behavior.

When you use the Services, we keep track of your listening activity, including the number and titles of songs to which you have listened, the songs, albums, or artists that you like (thumb up) or dislike (thumb down), the stations you create or listen to, the songs you skip, and how frequently and for how long you listen to the stations in your station list.
We may also keep track of your interactions with the Services, which may include the features you use, the advertising in which you see or show interest, and the content you view.
We do this for a variety of reasons, such as to gain an understanding of the types of music, content, or features you and/or other similar listeners tend to like or dislike, for compensating artists and other rightsholders for use of their content, to provide you with relevant and interesting advertising, and to improve the Services generally, which includes enhancing our music selection algorithms in an effort to provide you and other listeners with the music most suited to your tastes.
As this data is essential to the function of the Services, you may not opt out of our collection and use of such data or information.
By accessing or otherwise using any portion of the Services, you hereby consent to the foregoing collection and use of your listening activity and behavior for the purposes set forth above and also as outlined in our privacy policy.

L. Product Support; Feature Availability; Fraud & Abuse.

OlovaMp3 is not obligated to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in the Services will be corrected.
OlovaMp3 may alter the availability of any feature of the Services, or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation.
In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services.
In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse.
We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to the Services. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.
When using the Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.

M. Payment, Fees, and Other Charges.

If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis.
Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services.
You agree to maintain a valid payment method during the term of your use of such Services.
Use of the Services may involve transmission of data through your carrier or service provider's network.
You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services.
OlovaMp3 assumes no liability or responsibility for the payment of any charges you may incur.

N. Intellectual Property.

As between you and OlovaMp3 , you acknowledge that OlovaMp3 retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. OlovaMp, its logo, O, Music From All Over, and the "Choc" design, as well as certain other OlovaMp3 trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of OlovaMp3.
The Services may also contain third-party trademarks, service marks, graphics, and logos.
The Services are owned and/or licensed by OlovaMp3 and are protected.
You agree to prevent any unauthorized copying, use, or distribution of the Services.
Except as expressly provided herein, OlovaMp3 does not grant any express or implied right to you under any OlovaMp3 -owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.

O. Submissions & Feedback; Your Content.

OlovaMp3 is fortunate to have a vibrant and active user community that shares our passion for innovation, and our drive to constantly improve our Services.
While our employees continually strive to develop and evaluate our own ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our listeners.
By submitting any ideas, feedback and/or proposals to OlovaMp3 regarding the Services ("Feedback"), you expressly acknowledge and agree that:
(a) OlovaMp3 is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback;
(b) OlovaMp3 may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose.
To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant OlovaMp3 a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release OlovaMp3 from any and all liability and claims that may result from or are related to the rights to the Feedback.
Except as separately licensed or as authorized under an applicable statutory licensing scheme, if you elect to upload or provide written, photographic, or other audiovisual content to OlovaMp3 in connection with your use of the Services or participation in a OlovaMp3 -sponsored campaign ("Your Content"), you hereby grant OlovaMp3 a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license (but not the obligation) to use, archive, stream, copy, distribute, publicly perform, create derivative works of, transmit, and otherwise exploit, in whole or in part, Your Content, in any manner or medium now known or hereafter devised.
This exploitation may include, without limitation, use of Your Content to endorse OlovaMp3 or third-party products and services.
Additionally, you further grant OlovaMp3 a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license to exploit your name, likeness, personality, voice, and any other materials or information you provide to OlovaMp3 in connection with Your Content.
You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against OlovaMp3 for its use or exploitation of Your Content as licensed herein, as well as any claims under "moral rights" or similar theories.
You agree that OlovaMp3 enabling you to provide us with Your Content is adequate and sufficient consideration for our use of Your Content, you will not receive any additional consideration or compensation for OlovaMp3 's exploitation of Your Content, and OlovaMp3 has no obligation to use any of Your Content.
Other than as provided in this Agreement, you will retain ownership of all rights in Your Content.
Your Content, and its provision by you thereof, will at all times be subject to our Intellectual Property Policy.

P. Disclaimers; Limitations of Liability.

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE".
ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OlovaMp3 DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
OlovaMp3 MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND OLOVAMP3 DISCLAIMS ANY LIABILITY RELATING THERETO.
OlovaMp3 MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES.
TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
OlovaMp3 'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
IN NO EVENT SHALL OlovaMp3 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF OLOVAMP3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

Q. Indemnification.

You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of
(a) your alleged or actual breach of this Agreement, including your express representations and warranties;
(b) your use or misuse of the Services;
(c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

R. Terms and Termination.

Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Services. You may cancel your account and terminate this Agreement at any time and for any reason by following the instructions outlined in the FAQ's.
We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us.
Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to OlovaMp3.
You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement.
Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
Such provisions include, but are not limited to sections 1-4, 7, and 11-28.

S. Notices.

We may post notices to you within the Services.
We may also send you notices about products and services to the email address you provided us.
You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice.
You are responsible for keeping your account information, including your email address, up to date.
OlovaMp3 assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services.

T. Assignment.

OlovaMp3 may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason.
This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

U. Third Party Beneficiaries.

Except with respect to platform providers through which you download or use applications certified by OlovaMp3 , nothing in this Agreement, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

V. Governing Law and Disputes.

Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction.
Limitation of Actions.
Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.

W. Severability.

In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.

X. Changes in Terms.

We may modify this Agreement from time to time, please get up to date with current terms.

Y. Entire Agreement.

This Agreement constitutes the complete and exclusive agreement between you and OlovaMp3 with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.

Z. Questions Regarding this Agreement.

If you have any questions regarding this Agreement, you may contact OlovaMp3’s team at info@olovamp3.com.