THESE ARE OUR GENERAL
TERMS AND CONDITIONS (GTC)
NOW SIT BACK, RELAX, GET A CUP OF TEA - IT'S GETTING IMPORTANT
THESE ARE OUR GENERAL TERMS AND CONDITIONS
Last Revised: September 28, 2011
THE SITE FELLODY.COM IS RUN AND MAINTAINED BY ZOKYO AG.
1.1.Zokyo is based in Zürich / Switzerland (CH).
1.2.The use of this site is limited to individuals who must be at least 16 years old. By ticking the box next to the "I have read and I accept the Terms and Conditions" text on the Registration Page, and submitting the form, you accept and agree to these terms and conditions. Every time you access this service you confirm your agreement with the terms and conditions.
1.3.These terms and conditions rule the relationship between Zokyo AG as provider, registered users and third parties or partners of Zokyo AG.
3.1.There is no general right to get access to the platform of fellody and the usage is at one’s own risk. The user is fully reliable for any damage resulting in the use of the system.
4.1.Our website fellody is a social network and thus contributes to the communication of our members to each other. For this communication (with all features and functions provided for it), we provide the technical platform.
4.2.The main feature of fellody is the so called “music match”, which compares the member’s taste in music with all other members and which results in a ranking of the highest matches. There are also other matching-categories, like “Style” or “Date”. The information for these matches is provided by a questionnaire. Furthermore fellody offers a variety of community features: You can create your personal profile and fill it with content and information, you can communicate with other members in various ways, e.g. by sending messages or “flirt” with them and there is a news feed in which the activities of the members that are in your contacts, are displayed. You can find the exact extent of the available features and functions explained in detail on the website.
4.3.You acknowledge that the services include certain elements, which allow Zokyo proprietary software to be downloaded to your computer, which interacts with other computer programs (including iTunes and Windows Media Player), the fellody computer servers or other permitted devices.
4.4.The basic services of the website are for free.
4.5.Zokyo reserves the right to implement features that require payment for the service (‘Premium-Account’). You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the site in connection with such features either by credit/debit card concurrent with your online order or by other payment means acceptable to Zokyo. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Zokyo reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the site. Use of the service by you following such notification constitutes your acceptance of any new or increased charges.
4.6.Zokyo may offer additional services or products or modify or revise any of the services at our discretion, and this agreement will apply to all additional services or products and all modified or revised services unless otherwise indicated. Zokyo also reserves the right to cease offering any of the services. You agree that Zokyo shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the services.
5.1.Any software that we make available for download or use from the Website and/or our servers is the intellectual property of Zokyo or its licensors or suppliers. Any such software shall be considered a ‘service’ or one of the ‘properties’ as such terms are defined and used herein. Your use of the software may be governed by the terms of an end user license agreement that may accompany or that may be included with the software. Please carefully read any license agreement to determine the full extent of the terms and conditions governing the use of such software.
5.2.Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, redistribution or other exploitation is expressly prohibited, unless it is expressly permitted by the license agreement applicable to such software.
6.1.Zokyo may decide to run competitions, sweepstakes, promotions, prize draws and other opportunities on the website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the website, alongside details of the specific competition, sweepstake, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
7.1.We reserve the right to send out a newsletter at regular intervals as well as messages via the messaging system of our website. You can unsubscribe from the newsletter and the messages at any time by sending an email to email@example.com or in the profile-settings.
8.1.To use fellody you have to become a member by registering. Registration is free, but Zokyo reserves the right to implement certain premium services which are liable to pay.
8.2.Zokyo reserves the right to refuse registration of, or to cancel or disable any user account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password-protected portion of the Website or other properties using your name, username or password in whole or in part. You shall never use another user’s account without such other user’s expressed permission. You will immediately notify Zokyo in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
8.3.When you provide information to the website, you agree to provide only true, accurate, current and complete information.
8.4.For registration the user needs a valid email address. The username can be chosen individual. Fictional names are allowed as well, but it is not allowed to use the name of someone else.
8.5.To avoid any misuse the user`s registration process is not finished unless a confirmation email sent by fellody has been approved.
8.6.As soon as the registration process is finished the agreement between the user and Zokyo regarding the use of the website and services is concluded.
8.7.Further profile settings can be made by the user after the registration on the platform. For several services some mandatory and possibly privacy-sensible fields need to be filled properly. The user can set the visibility of such mandatory and privacy-sensible fields in his profile settings to be visible to anyone, only approved contacts or no one.
8.8.Identification of users in the internet is not possible in any case. Therefore Zokyo does not guarantee the validity of a given identification. Any user has to verify the identification of another user by itself.
9.Intellectual Property Ownership; License
a)download and use the fellody client-based software in accordance with its pre-defined functionality only;
Provided that you:
a)retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original content or any permitted copy you may make of the content;
c)do not insert any code, product or material to manipulate the content in any way that affects any user's experience;
d)do not copy or seek to copy or “rip” any audio and/or audiovisual content from the website or any part of the Service;
10.1.Although you understand and acknowledge that Zokyo has no duty to prescreen, review, control, monitor or edit the user content posted by users and is not liable for user content that is provided by others, you agree that Zokyo may, at its sole discretion, review, edit, refuse to accept or delete user content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any user content you post or store on the services at your sole cost and expense.
10.2.Zokyo claims no ownership or control over your user content, except as otherwise specifically provided herein, on the services or in a separate agreement. By submitting or posting user content to the website you automatically grant, and you represent and warrant that you have the right to grant, Zokyo, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such user content furnished by you and to prepare derivative works of, or incorporate into other works, such information and user content, and to grant and authorize sublicenses of the foregoing in any medium.
11.Restrictions & Safety
11.1.Users are not allowed to affect the operability of fellody by technical activities such as for example the execution of scripts, hacking, distribution of any malware etc.
11.2.It is not allowed to distribute any discriminating, offending, racist, pornographic, violent or other illegal data or statements on the fellody platform.
11.3.Users are not allowed to distribute any illegal advertisements, political statements, mass mailings, chain letters or illegal contests.
11.4.By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, including without limitation any user submission, that:
-you know is false, misleading, untruthful or inaccurate
-is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
-constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (‘spamming’);
-involves commercial activities and/or sales without Zokyo’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
-contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any system, data, password or other information of Zokyo or any third party.
11.5.We do our best to keep fellody safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
-You will not send or otherwise post unauthorized commercial communications (such as spam) on fellody
-You will not collect users’ content or information, or otherwise access fellody, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
-You will not engage in unlawful multi-level marketing, such as a pyramid schemes, on fellody.
-You will not upload viruses or other malicious code;
-You will not solicit login information or access an account belonging to someone else;
-You will not bully, intimidate, or harass any user.
11.6.Zokyo has no obligation to monitor the site, service, content, or user submissions. However, Zokyo reserves the right to remove, edit or modify any content in its sole discretion, including without limitation any user submissions and to remove or block any user submissions from the service.
11.7.Zokyo is not responsible or reliable for the integrity of the data or any information embedded on or by third party websites.
11.8.It’s forbidden to collect data of other users without their explicit approval. The same rules are applicable for usage of email addresses for commercial usage or undesired advertisement.
11.9.Zokyo is not liable for any failure, forbearance, time out and loss of data during operation. Zokyo is not liable for technical failure and other problems of the systems such as servers, providers based on technical problems and traffic jams.
11.10.On fellody one will find offers and advertisement of third party products. These products are marked or identified with an advice, such as “advertisement”, “commercial“ or „presented by“. If there is any contractual activity resulting, the contract is exclusively concluded with the offering third party.
11.11.Zokyo has the right to make user data accessible to such third parties, as long it is necessary for the technical execution of the concluded agreement whereby privacy will be strictly respected.
12.Stalking und Mobbing
12.1.If another member makes it clear to you that it not or no longer wants to be contacted by you, this wish must be respected absolutely. If we become aware of stalking cases, we will take appropriate action. This may also mean that we inform law enforcement authorities.
12.2.We also don’t want bullying of any kind and form on our website. No member shall harass or hurt other members or third parties mentally or emotionally. Zokyo reserves adequate counter-measures if we become aware of such procedures.
13.Third Party Websites
13.1.The service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the website. When you access third party websites, you do so at your own risk.
13.2.These other websites are not under Zokyo’s control, and you acknowledge that Zokyo is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
13.3.The inclusion of any such link does not imply endorsement by Zokyo or any association with its operators. You further acknowledge and agree that Zokyo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
14.1.There may be a share link button on fellody soon. We give you permission to use this share link button so that users can post links or content from other websites on fellody.
14.2.You give Zokyo permission to use and allow others to use such links and content on fellody.
15.User Account Credentials
15.1.The password chosen during registration has to be handled confidential and is not allowed to be passed to third parties. Users are not allowed to make fellody accessible to any third party with foreign credentials. If there are any damages provoked through a foreign account, the owner of the account is fully liable.
15.2.Users must inform Zokyo, if there is any indication of infringements of these terms. The user is fully reliable to backup the content or other contribution he uploads on fellody.
15.3.Has a user decided to delete his account, Zokyo has the right to delete all his contents without further notification.
17.1.The strict observance of these terms is important to hold fellody fully operative. Therefore Zokyo can impose sanctions if concrete evidence suggests that a user is infringing legal code, third party rights, offend against good manners or these terms.
17.2.Furthermore Zokyo can block or even delete incriminating content without any preannouncement.
17.3.Choosing the sanction, Zokyo respects the interests of the user granting the right to be heard.
17.4.Following sanctions are at Zokyos disposal: Deleting of content, admonishment of the user, temporary or infinite blocking or cancelation of the users account.
17.5.Users with cancelled accounts are not allowed to re-register on fellody anymore.
18.1.Users uploading copyrighted content such as music, pictures, text and videos explicitly confirm to be the legal copyright holder of this content. Zokyo cannot control the content and is never liable for illegally uploaded content.
18.2.The user is responsible to check if any rights of third parties could be infringed by the uploaded content itself, such as copyrights, trademarks or personality rights in pictures or videos. This rule is to be especially respected for pictures of recognizable persons etc.
18.3.Zokyo keeps the right, to remove such content or links without any preannouncement, insofar as concrete clues are given, that the publication of the content infringes legal codes or these terms.
18.4.If any third party makes Zokyo responsible for any use of content, the user is liable for any damage. It’s the users duty to immediately inform Zokyo and provide with all relevant information in case third parties make Zokyo responsible.
18.5.The user must indemnify and hold Zokyo harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
18.6.Further compensation claims against the user keep untouched of the mentioned regulation.
18.7.All content made available on fellody must not be copied and made available without the consent of Zokyo.
19.Disclaimers/Limitation of Liability
19.1.1.Under no circumstances shall zokyo, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to
(1) the services, the content, or your upload information;
(2) the use of, inability to use, or performance of the services or any of the content or features thereon;
(3) any action taken in connection with an investigation by zokyo or law enforcement authorities regarding your use of the services or content;
(4) any action taken in connection with copyright owners;
(5) any errors or omissions in the services’ technical operation, even if foreseeable or even if Zokyo has been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the services).
19.1.3.Zokyo is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
19.1.4.Your access to and use of these services are at your risk. If you are dissatisfied with the properties or any of the content, your sole and exclusive remedy is to discontinue accessing and using the properties or the content.
19.1.5.You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of zokyo's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product or service owned or controlled by zokyo and/or its parents, subsidiaries, and/or affiliates. This includes also your upload information. Furthermore you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any zokyo website, services, properties, product, program, music or other audio/visual content or your upload information or any activities or actions related thereto.
20.2.You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the properties and the content, including, without limitation, those governing your transmission or use of any software or data.
21.1.Zokyo may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
22.International Use & Legal Venue
22.1.Zokyo makes no representation that the content is appropriate or available for use in locations outside of Switzerland, and accessing the service is prohibited from territories where such content is illegal. If you access the service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
22.2.You will resolve any claim, cause of action or dispute against Zokyo in court at the headquarter of Zokyo in Zürich, Switzerland. The laws of Switzerland will govern this statement, as well as any claim that might arise between you and Zokyo, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Switzerland for the purpose of litigating all such claims.
24.Language of Agreement
24.1.The language of this agreement is English. You agree that the translation of the English version of this Agreement is provided for your convenience only and that the English language version of this agreement will govern your relationship with Zokyo. If there is any contradiction between what the English language version of this agreement says and what a translation says, then the English language version will take precedence.