LICENCE TERMS AND CONDITIONS APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS
These terms and conditions (Terms) set out important information regarding the rights, obligations and the restrictions that may apply to you as a user (User) when you access, use or download the mobile application (Application) and any services offered in conjunction with the AR Lyrics digital application (Services) as they are made available on various digital media devices, such as PDAs, cellular/mobile phones, handheld devices or PCs (Devices) and networks, such as those of mobile operators, internet service providers or cable operators (Networks).
The Services may include the ability for Users to purchase certain digital products. The Application is a digital application that facilitates the use of Services, which generally consist of a digital lyrics recognition and presentation, that provides song lyrics, artist identification and other detailed meta data about the artist and access to related third party applications (Third Party Applications) and websites (Third Party Sites), that can be used in conjunction with the Application and/or Services (for example, e-mail providers, social networking sites, information and access feature providers).
The Application and the associated Services, where not specifically provided otherwise, are supplied by Plan8 Production KB (we, us and our as appropriate). We are a limited company incorporated in Sweden. Our registered office is at: Krukmakargatan 22, 11851 Stockholm, Sweden.
These Terms may be accessed via the Application directly from your Device. If you wish to use the Application and/or the Services (collectively referred to as AR Lyrics), you must agree to be bound by these Terms, as set out below, and any applicable laws regarding your use of AR Lyrics. You must also pay any charges for the Services which may be applicable, including all charges relating to purchase and delivery of products.
IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE AR Lyrics. YOUR CONTINUED USE OF AR Lyrics (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/OR USE OF THE SERVICES AND THE PURCHASE OF A SUBSCRIPTION) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES OR MODIFICATIONS. YOU AGREE TO USE AR Lyrics ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES. BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS: a) EXPRESSLY ACCEPTING THESE TERMS OF USE AT ANY TIME, FOR EXAMPLE BY CLICKING ON ANY CLEARLY INDICATED ACTIVATION PHRASE ON YOUR DEVICE. b) DOWNLOADING THE APPLICATION OR DOWNLOADING AN UPGRADE TO THE APPLICATION (WHICH MAY BE OFFERED FROM TIME TO TIME). c) PURCHASING A SUBSCRIPTION
1. USAGE POLICY
You agree to use the Services for non-commercial use and, above all, fairly. The Services are not to be used for commercial or performance monitoring purposes. AR Lyrics reserves the right to limit your identification attempts in any month, or cease to provide our Service to you without further notice.
We may change, suspend or discontinue any aspect of AR Lyrics at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.
Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.
Usage of lyrics supplied to you by us, either through our Website or our Applications, is limited to your personal, non-commercial use in accordance with the following restrictions. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the lyrics provided to you. You agree that you are not granted any so-called “karaoke” or “sing-along” rights to lyrics and you shall not seek to or remove any vocal track from a sound recording that shall be associated with a lyric provided to you. You agree not to assign, transfer, or transmit any lyrics to a third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the lyrics from any unauthorized usage.
2. DIGITAL PRODUCTS
If you are (or become) a paying customer of any part of the Application and/ or Services or any other product of AR Lyrics, including by purchasing products, we will provide you with the price, on a case by case basis, before completing payment for your purchase. Any purchase will be effective upon the processing of your payment and all sales of digital products on the Services are final.
2.1 You hereby agree to waive any other right to cancel your purchase of digital products (if applicable) that may be available to you under any worldwide consumer protection laws and all refunds will be at our sole discretion. If a waiver of such rights is prohibited by law, this cancellation right shall be limited to 7 working days.
2.2 You acknowledge that you will not be entitled to any refund for purchases of digital products on the Services, including any purchases made while using the Application.
3. THIRD PARTY APPLICATIONS AND SERVICES
3.1 AR Lyrics may enable you to use functionalities of Third Party Applications and/or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/or Sites to which we may connect (including, but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location) are subject to the terms and conditions of the relevant application and/or Third Party Sites. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.
3.2We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/or practices of any such third-parties that may be found through AR Lyrics. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/or Sites.
3.3By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Applications and/or Sites. Accordingly, we encourage you to be aware when you leave AR Lyrics and to read the terms and conditions and privacy policy of each and every other Third Party Application, Site and/or other resources that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Applications and/or Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.
3.4 We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via AR Lyrics or as a result of the failure of such Third Party Applications and/or Sites to function as intended.
4. USER-GENERATED CONTENT
4.1 We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please see our Copyright and DMCA Policy
4.2 Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, User Content). You are responsible for all User Content, as set forth below.
4.3 You retain ownership of User Content. All User Content is wholly original to you (or you have permission to post it to AR Lyrics in the way envisaged under these Terms), at your direction and under your control and you understand that you are responsible for that content and any consequences of posting it to AR Lyrics. By sharing User Content via AR Lyrics (and any Third Party Application and/or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive irrevocable licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via AR Lyrics (and any other Third Party Applications and/or Sites). We require such a licence in order to provide certain functionality within AR Lyrics (and any Third Party Applications and/or Sites). Any User Content submitted by you will remain on AR Lyrics indefinitely. You will not have the option to remove your User Content from AR Lyrics at any time, except where you submit a request in writing to Plan8 Production KB to remove your User Content, which is to be decided by Plan8 Production KB at our sole discretion. By sharing User Content within AR Lyrics (and any Third Party Application and/or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other partys rights to privacy, publicity rights, copyrights or contractual rights.
4.4 You understand and agree that if you post any User Content to AR Lyrics which breaches any of these Terms, we have the right to remove the content (at our sole discretion), to terminate your account and you will be responsible to us for any issues arising out of breach of these Terms.
4.5 Please note that we cannot accept any User Content containing any music, save where expressly permitted in writing by us.
4.6 Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
4.7 By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of AR Lyrics. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on the Website.
4.8 The following is a partial list of the kind of User Content that is illegal or prohibited on AR Lyrics. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to AR Lyrics of such violators. Prohibited User Content includes content that: a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b) harasses or advocates harassment of another person; c) involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; d) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; e) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); f) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; g) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); h) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; i) provides instructional information about illegal activities; j) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; k) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; l) violates anyones right of privacy; or m) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
4.9 You hereby waive all moral rights and similar rights in any jurisdiction, including any rights to object to derogatory treatment of the User Content to which you may now or at any future time be entitled.
5. AVAILABILITY OF SERVICES
5.1 We will do our best to offer you a smooth service, but we give no guarantees that AR Lyrics will be free from faults or that the Services will be provided uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can. 5.2 We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum. 5.3 New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software bugs being fixed by us and may have other issues affecting availability and functionality.
6. LEGAL PROTECTION AND LIMITATIONS
6.1 You acknowledge that AR Lyrics (and any other applications) licensed by us to you are our property and all intellectual property rights in the Application, the Services and the technology used or supported by the Application, anywhere in the world belong to us. You are granted only a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use AR Lyrics or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer the Application or Services or any Third Party Application. You will not copy any part of AR Lyrics or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of AR Lyrics to any person.
6.2 You agree to not use AR Lyrics to: a) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; b) interfere with or disrupt AR Lyrics or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; c) collect or store personal data about other Users of AR Lyrics; or d) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
6.3 You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of AR Lyrics and/or any Third Party Applications.
6.4 You agree to not use AR Lyrics or export any portion of it in violation of U.S. export regulations.
6.5 You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country and you are not listed on any U.S. list of prohibited or restricted parties.
6.6 Any content provided by us as part of AR Lyrics, including but not limited to lyrics, artist information and downloads contains copyrighted material, trademarks and other proprietary rights belonging to us and our licensors. All right, title and interest in and to such content vests in us and our licensors. You are granted a limited, revocable, non-exclusive licence to display that content as part of the Services solely for your personal use. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part.
6.7 YOUR USE OF AR Lyrics IS AT YOUR SOLE RISK. AR Lyrics IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT a)AR Lyrics WILL MEET YOUR REQUIREMENTS, b)DELIVERY OF ANY PORTION OF AR Lyrics WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, c)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AR Lyrics WILL BE ACCURATE OR RELIABLE, d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, e) (ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, f)ANY PORTION OF AR Lyrics OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE AR Lyrics SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6.8 Under no circumstances will we or our subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use AR Lyrics (and any other applications) which we license to you, any content delivered to you or AR Lyrics, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees paid by you for a 3 month period or the maximum amount of (Euro 15), whichever is higher.
6.9 Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only the above disclaimers, limitations or exclusions may not apply to you to their full extent.
6.10 You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and we play no active role in the distribution or presentation of User Content. We do not review or monitor User Content to ensure it is compliant with these Terms and applicable law. It is solely your responsibility to ensure User Content is acceptable and compliant.
6.11You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.
6.12Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. 6.13Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law. 6.14We will endeavour to comply with mandatory local regulations of public policy and consumer protection, but disclaim all and any liability, apart from the liability assumed within these Terms, to the maximum extent permitted by law.
7.GENERAL
7.1 These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of AR Lyrics.
7.2 If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
7.3 You may at any time unsubscribe or cancel your AR Lyrics account, subscription or any other relationship with AR Lyrics which is being governed by these Terms via Third Party Sites. Please note, however, that AR Lyrics will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of AR Lyrics Services that you have already used or previously committed to.
7.4 We may at any time terminate your account or prevent you from gaining access to AR Lyrics. If we terminate your account, we may immediately delete all the files and information on your profile and prevent you accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of access to AR Lyrics, but this may not always be possible. We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Website, Application or Services. If you are a paying customer and our Services to you are terminated you may be entitled to a refund of the reasonable part of any charges paid by you.
7.5 We will not be liable to you or to any third party for any failure, suspension and/or termination of access to AR Lyrics in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents. We may provide you with notices regarding AR Lyrics or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.
7.6 These Terms and the relationship between you and us and any dispute or claim arising out of or in connection with these Terms or their subject matter or formulation (including non-contractual disputes or claims) shall be governed by the laws of Belgium. You and we agree to submit to the exclusive jurisdiction of the courts of Belgium.
7.7 We may amend these Terms at any time by posting the amended terms on our Website and/or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.
7.8If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you or if we delay in doing so this does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7.9 A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any of these Terms.
PRIVACY POLICY
We are committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Legislative Decree of 30 June 2003 No. 196 (the Code concerning the protection of personal data) (the Code), the data controller is Plan8 Production KB (Krukmakargatan 22, 11851 Stockholm))
1. INFORMATION WE MAY COLLECT FROM YOU
1.1 We may collect and process the following data about you: a) Information that you provide by filling in forms on the Website or through the Application. This includes information provided at the time of registering to use our site, subscribing to the Services, using AR Lyrics, posting material or requesting further services. We may also ask you for information when you report a problem with our site. b)If you contact us, we may keep a record of that correspondence. c)Details of transactions you carry out through our site or the Application and of the fulfilment of your orders. d)Details of your visits to our site, uses of the Services, Application and of AR Lyrics including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
2. IP ADDRESSES AND COOKIES
2.1 Subject to receiving your prior consent, we may collect information about your computer, including where available your IP address, operating system, the referring URL, if any, and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users browsing actions and patterns, and does not identify any individual.
2.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computers hard drive. They help us to improve our site and to deliver a better and more personalized service. They enable us: a) to estimate our audience size and usage pattern. b) to store information about your preferences, and so allow us to customize our site according to your individual interests. c) to speed up your searches. d) to recognize you when you return to use and access AR Lyrics.
2.3 You will need to either accept or reject cookies when you log into our site. However, if you reject cookies you may be unable to access certain parts of our site.
3. WHERE WE STORE YOUR PERSONAL DATA
3.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By consenting to the terms of this privacy policy, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
3.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
4. USES MADE OF THE INFORMATION
4.1 We use information held about you in the following ways: a) To ensure that content from AR Lyrics is presented in the most effective manner for you and for your device. b)To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. c)To carry out our obligations arising from any contracts entered into between you and us. d)To allow you to participate in interactive features of AR Lyrics, when you choose to do so. e) To notify you about changes to AR Lyrics.
5. ADVERTISING
5.1 We reserve the right to deliver advertising to you in conjunction with your use of AR Lyrics and utilise the processor bandwidth and storage hardware on your Device for this purpose.
5.2 A cookie is a small amount of data sent from our server and stored on your computers hard drive. A web beacon actively monitors the behaviour of a user visiting the Website. We may use cookies or web beacons to collect, process or disclose information, either in the course of our service delivery or while advertisements are being served to you. This allows us to store and retrieve login information on a users system and provide us with data on your usage of AR Lyrics and your interaction with the advertisements. Such data helps us to improve our Services and enables us or any third party advertisers to deliver more targeted advertisements. Any cookies used by advertisers are covered by the privacy policy of the relevant advertiser. Most browsers are initially set up to accept cookies, but you can usually set your browser to prevent this from happening.
5.3 Advertising may be contextual, that is it may be sent to you based on your current location or use of AR Lyrics. Any opt out that you send us in relation to direct marketing communications does not apply to such advertising. In addition, you may receive advertising and promotional information or offers if you respond to a AR Lyrics prompt on radio or television or in audiovisual or interactive media.
5.4 Where AR Lyrics contains links to third-party content, applications, services and/or advertising, we are not responsible for the privacy policy or for any matters relating to such third party products, promotions or advertising, including responsibility for controlling any personal data that you may provide in response to such products, promotions or advertising. We encourage you to check the privacy policies of all third party sites that you visit.
6. PROTECTION OF MINORS
6.1To use AR Lyrics you must be aged 13 or older. Additionally, if you are under 18 years old, you must obtain the permission of your parent or guardian and the person who pays your mobile phone bills (if different) and they must agree to these Terms on your behalf before you use AR Lyrics and before you provide any personal information to us. Also, to use some of the Services you may be asked to register with us and provide certain personal details. See the section on privacy below regarding what we do with this information.
6.2 You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licences and permissions necessary to enter into and fully perform your obligations under these Terms.
6.3 If you are reading these terms to provide permission to a minor to use AR Lyrics, you represent and warrant that you have the full authority to act on behalf of the service user and that you are either more than 18 years of age and contracting for yourself or are the parent or guardian of the person who will use the Services and are entering into this contract to cover their usage. In any case, you affirm that you are, or the person who will use AR Lyrics (where you are the parent or guardian of that person) is, over the age of 13.
6.4 The Services are not intended for children under 13. If you are under 13 years of age, then please do not use AR Lyrics. If you are the parent or guardian of a person under the age of 13, then please do not permit that person use AR Lyrics.
6.5Your access to the Services may be deleted or blocked without warning if it is found that you are misrepresenting your age or the age of the person using AR Lyrics. In this case, your membership account and all related data may be deleted without warning. Your access to the Services is solely for your personal use, and you must not authorize others to use your account.
7. DISCLOSURE OF YOUR INFORMATION
7.1We may disclose your personal information to third parties: a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. b) If AR Lyrics SPRL or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of AR Lyrics SPRL, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and the infringement of any intellectual property rights. 8.
8. LOCATION BASED SERVICES
8.1 Where we collect location-based information, we will generally do it on an anonymised basis for the improvement of our Application or Services. You consent to our use of anonymised location based services information collected from you.
8.2Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information within our Application or on your Device. Depending on your version of AR Lyrics and the functionalities available on your Device you may benefit from advanced options to manage the disclosure of location-based information.
8.3 Where this technology is used in conjunction with any Third Party Applications or Sites further information on usage policies and options management shall be available from such third parties. It is your responsibility to find, read and understand the usage policies of these services, get fully familiar with all the available disclosure options and manage these in a way that fits your purposes.
8.4 As a separate issue, you may receive contextual advertising from us. Please see the Section on ADVERTISING above.
9. YOUR RIGHTS
9.1 You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at [email protected]
9.2 AR Lyrics may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
10. ACCESS TO INFORMATION
10.1 The Code gives you the right to access information held about you. Your right of access can be exercised in accordance with the Code. Please email [email protected] if you wish to receive a copy of the information held about you. There may be a small administrative charge for providing the information to you.
11. CHANGES TO OUR PRIVACY POLICY
11.1 Any changes we may make to our privacy policy in the future will be posted on our Website or through the Application or, where appropriate, notified to you by e-mail.
12. CONTACT
12.1 Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected]
13. CONSENT
13.1 We will not process any personal data without your prior consent to be given by checking a box on the AR Lyrics Website or in the Application. In the absence of such consent you will not be able to register as a user of the services on the website.