I. INTRODUCTION/OVERVIEW
Welcome to Play’n GO Music. These Terms and Conditions (“T&C”) govern your access to and use of our website www.playngomusic.com and any related services, domains and their subdomains (the “Website”), including any content and functionality on or through the Website. They also apply to your access to music, text, images, graphics, data, software, source code, applications, specifications, audio files, video clips, digital downloads, articles, trademarks, logos and other information or content available through the Website, including the “look and feel” and arrangement of such content (the “Materials”).
This Website is operated by Play’n GO Malta LTD., with address at 35, Triq id-Dejqa, Valletta VLT 1434, Malta. Throughout the Website and the T&C, the terms “Play’n GO”, “we”, “us”, and “our” refer to Play’n GO. We offer this Website, including all information and tools available, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Additionally, the term “you” refers to anyone who accesses or uses the Website. Please read these T&C carefully before using our Website. These T&C apply to all users, including browsers, vendors, customers, merchants, and content contributors. By accessing or using any part of our Website, you AGREE TO BE BOUND BY THESE T&C. Moreover, your use of the Website is conditioned on your acceptance of these T&C (including the Privacy Policy). If you do not accept these T&C, you should immediately exit the Website and avoid using the Materials in any manner.
These T&C were last updated on 12th September 2024. Headings in this agreement are for convenience only and do not affect the T&C. We reserve the right to revise these T&C from time to time by posting an updated version of the Website, without further notice to you. It is your responsibility to check this page periodically for changes. Your continued use of the Website after any changes constitutes acceptance of those changes.
II. GENERAL CONDITIONS
1. Use Of Website
We reserve the right and may restrict, suspend or terminate your access to the Website or the Materials at any time. Such restriction, suspension or termination may happen for the following reasons: (i) if you breach or violate any of the T&Cs (as determined in the sole discretion of Play’nGO); (ii) if you engage in verbal or written abuse of any kind (including abuse or retribution); or (iii) if we suspect that you (by conviction, settlement, insurance or escrow investigation or otherwise) have engaged in fraudulent activity in connection with your use of the Website or the Materials. If you believe that we have restricted, suspended, or terminated your access in error, please contact us using the information provided below to appeal the decision.
2. Prohibited Uses
You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Website and/or the Materials without our express written permission. You must not use our products for illegal, malicious, or unauthorised purposes or violate any laws in your jurisdiction (including copyright laws). Any breach of these T&C will result in immediate termination of your usage of our Website and Materials.
Furthermore, Play’n GO reaffirms and confirms that any access, use, copying, reproduction, extraction, distribution, misuse, or exploitation of content owned and/or controlled by Play’n GO, now or in the future, including audio or audio-visual recordings, audio-visual works, artwork, metadata, photographs, and musical compositions (including lyrics and/or other associated literary works) for any purpose (including, without limitation, for the training, development, or commercialization of an AI tool, technology, or system) is expressly prohibited, to the fullest extent permitted under any applicable law, without express consent in the form described below in the Intellectual Property Policy.
In addition to other prohibitions as set forth in the these T&C, you are prohibited from using the Website, its content and/or our Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful or malicious acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms or any other type of malicious or destructive code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website and the Materials for violating any of the prohibited uses.
3. Error, Inaccuracy & Omissions
Occasionally there may be information on our Website that contains unintentional typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Website, except as required by law. We may modify the Website content at any time but are not obligated to update information. It is your responsibility to monitor changes to our Website. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website has been modified or updated.
III. IP & PRIVACY
4. Intellectual Property Ownership & Policy
All Materials on the Website are owned, controlled by, or licensed to Play’n GO and are protected by copyright, trademark, and other intellectual property rights. Play’n GO solely and exclusively owns all rights, title, and interest in the Website, the Materials, its content, code, data, and materials, as well as the look and feel, design, and organization of the Website. Your use of the Website does not grant you ownership of any content, code, data, or Materials you may access. You may view content on your internet-compatible device. Any commercial distribution, publishing, or exploitation of the Website or its content is strictly prohibited without the express prior written consent of Play’n GO or the applicable rights holder. Unauthorized use may violate copyright and other laws and may result in liability. Play’n GO will enforce its intellectual property rights to the fullest extent of the law.
To use any Materials, including music, from Play’n GO, you must first obtain written permission from us. If you wish to use the music or any other Materials in any manner, please request written authorization from Play’n GO. This may involve additional requirements such as a synchronization fee and license. For any licensing inquiries, please contact copyright@playngo.com.
5. Personal Information: Data Protection & Privacy Policy
We know your personal information is important to you, so it’s important to us. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy details how your information is collected, used and shared when you use our Website. By using our Website, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.
IV. MISCELLANEOUS
6. Disclaimers, Warranties & Limitations of Liability
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Materials are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.
In no case shall Play’n GO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, under any circumstances, to the fullest extent permitted by law, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise (including legal costs), arising from your use of any of the Website, or for any other claim related in any way to your use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights, which vary from, jurisdiction to jurisdiction.
7. Indemnification
You agree to indemnify, defend and hold harmless Play’n GO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ and other legal fees, made by any third-party due to or arising out of your breach of these T&C, your use (or misuse) of our Website and Materials, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Play’n GO reserves the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
8. Third-Party Sites
Our Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Play’n GO and Play’n GO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Play’n GO is not responsible for webcasting or any other form of transmission received from any Linked Site. Play’n GO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Play’n GO of the site or any association with its operators. You acknowledge that Play’n GO cannot be held liable for the content of Linked Sites or for any consequence arising from you accessing the same and you acknowledge that such access or use of Linked Sites shall be at your sole option, discretion and risk.
9. Severability
In the event that any provision of these T&C is determined to be unlawful, void or unenforceable, the remaining provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law. The invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible the unenforceable portion shall be deemed to be severed from these T&C, such determination shall not affect the validity and enforceability of any other remaining provisions.
10. Waiver
The failure of either party to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision or any other provision of these T&Cs or otherwise affect the rights of such party.
11. Governing Law & Dispute Resolution
If you are dissatisfied with our Website or Materials, please inform us, and we will make a sincere effort to resolve your issue collaboratively. However, if we are unable to reach a resolution, both you and us (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit any disputes exclusively to binding individual arbitration. You agree not to pursue legal action against each other in court before a judge or jury.
Therefore, these T&C shall be governed by the laws of Malta without prejudice to its conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with these T&C, the Website or the Materials, or the breach, termination or invalidity thereof, shall, in the first instance, be discussed between you and Play’n GO’s board of directors or by authorised representatives of Play’n GO as nominated by the board of directors of that party. The parties shall only be permitted to submit the dispute to the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”) if such negotiations still fail to settle the dispute after a period of thirty (30) days from a party invoking such negotiations by written notice, at which time either party shall be free to make a claim under arbitration. Both you and us intend to settle any potential dispute in a peaceful manner. Any dispute, controversy or claim arising out of or in connection with these T&C, the Website or the Materials, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC. The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, considering the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of one arbitrator. The seat and place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English and the award shall be given in English.
12. Contact Information
If you have any questions about the T&C, please send those to our customer service at gomusic@playngo.com.