DESTINY MEDIA TECHNOLOGIES INC.  END USER SERVICE AGREEMENT
Terms and Conditions of Use for the Play MPE Service

 

IMPORTANT – READ CAREFULLY:  This End User Service Agreement (this “Agreement”) is a legal contract between you, on the one hand, and Destiny Media Technologies Inc. and Destiny Software Productions, Inc., on the other hand (collectively, “Destiny”). This Agreement contains limitations on warranties and liability and limitations on permitted use of the Play MPE Service. The Play MPE Service and related documentation (collectively the “Service”) are offered to you by Destiny only for use in accordance with the terms and conditions of this Agreement.  Read before registering with or using the Service.

BY ATTEMPTING TO REGISTER AS A USER OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ATTEMPT TO REGISTER OR USE THE SERVICE.

PERSONAL INFORMATION CONFIDENTIAL: Your name and contact info will not be shared or sold with any third-party companies or individuals, except if Destiny is ordered to disclose your identity by a court, subpoena or other legal action.  Use of your personal information is subject to certain limitations in some jurisdictions and is subject to the terms below.

 

LICENSE GRANT

Subject to your compliance with the terms hereunder, Destiny grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Play MPE Service during the term of this Agreement.  Such license shall be terminable as provided herein.  Destiny may terminate this license in the event of breach by you of the terms hereunder or at any time.

Destiny retains the right, exercisable in its sole discretion, to modify, suspend or terminate the privileges of any authorized user who abuses or appears to abuse the Play MPE Service by using any sound recording for purposes other than previewing new releases or downloading for use in accordance with the terms hereunder and applicable copyright law.

 

RESTRICTIONS ON USE

1. You accept that Destiny may place watermarks on or in the sound recordings made available to you in order to prevent the distribution of songs yet to be placed on the market. The watermarks are registered to the individual receiver and can be researched as such online.

 2. You accept that the use of a watermark enables the content owner the ability to exactly determine the origin of a file or data set i.e. the receiver of the recordings, including you, if applicable, in order to take legal measures if required.

 3. Any sound recordings made available to you by the Service are provided solely for the purpose of listening to it.  You agree that you will not copy, distribute (physical/non-physical), sell, auction the recording or make any of the sound recordings available to a third party in any other way.

 4. You acknowledge and accept that the recordings have been given a persistent watermark, which enables the content owner to find any copy of the piece and allocate it to you as receiver.

5. You agree that the sound recordings are the property of the sound recording copyright owner. In the case that an act by you is considered copyright infringement, the content owner will take the necessary legal steps against you.

6. You accept that these methods form the condition under which the Service will further supply promotional recordings to you.

7. You agree not to: (i) permit individuals who are not authorized users to access the Play MPE system or to access sound recordings from on it; (ii) modify, translate, distribute or create derivative works from the sound recordings accessed from the Play MPE system;  (iii) recopy or redistribute sound recordings accessed from the Play MPE system; (iv) remove any proprietary notices or labels on sound recording files; or (v) add to or alter sound recordings accessed from the Play MPE system, except as may be specifically contemplated by these conditions of use or expressly authorized by Play MPE or the copyright holder.

8. You agree not to take any action to circumvent the security or content usage rules provided or enforced by the Digital Rights Management system or Play MPE system.

 

PERSONAL DETAILS

Use of your personal details provided to Destiny during the registration process or as a result of using the Service shall be in accordance with the current, valid regulations regarding the protection of personal details. 

Personal details are individual statements regarding the personal and factual characteristics of a natural person, e.g. name, address, email-address, telephone number, age, sex.

 You agree that we may use the following information for a specific purpose:

  • The use of downloads or streaming
  • Date of the Use
  • Name of the registered user
  • Address of the registered user

These personal details will be available to the copyright owners who have provided you with the sound recordings that you have selected for listening. Destiny shall not further use these personal details without your consent.

 

COOKIES

Cookies are small data files which are saved by the visitors of our websites on the visitor’s computer. Cookies make visiting our website easier and help us to recognize you when you visit our website again. Cookies can help you to remember your user profile. They help us to tailor our sites to better meet your needs. Our cookies do not contain any information about you, but consist of an identifier which, other than as a reference, has no meaning at all. Alongside all this, cookies cannot cause any damage to a computer system. If you do not want to use the advantages that cookies offer you, you can deactivate (and re-activate) the cookies quite simply using the menu on your browser.

  

RIGHT TO OBTAIN INFORMATION

In accordance with the current laws, we will inform you upon request; whether and if your personal details have been saved in our database. You can revoke the permission to use and treat your personal details with effect for the future at any time and, pursuant to the current legal guidelines, you can demand that they be deleted, blocked or corrected. You can obtain information about the personal details you have on the Play MPE database, by requesting them from our support page.

 

RIGHT TO AMMEND THIS DISCLAIMER

We reserve the right to amend this disclaimer to keep it in accordance with the current applicable data protection guidelines.