BACKGROUND MUSIC digital service, hereinafter referred to as the “Service”, on the one hand, and the person who accepted the offer posted on the Internet at the permanent address https://www.backgrounds-music.com/terms-of-use, hereinafter referred to as the “User” , on the other hand, have entered into this user agreement as follows.
1. Terms and Definitions
1.1. In this user agreement, unless the text expressly states otherwise, the following terms will have the following meanings:
Soundtracks of musical works presented in electronic form in digital format, the rights to which belong to MUSWAY STUDIO.
A license agreement, according to which the User is granted the right to use the Content on the terms and in the manner specified in such an agreement.
A legal or natural person who has entered into a user agreement with the Service by accepting an offer posted on the Internet at the permanent address https://www.backgrounds-music.com/terms-of-use.
Composite work, which is a collection of information, texts, graphic elements, design, images, photos and videos, other results of intellectual activity, with the exception of the Content contained in the information system that ensures the availability of such information on the Internet within the domain zone backgrounds-music.com.
This user agreement
Service and User
1.2. All other terms and definitions found in the text of the Agreement shall be interpreted by the Parties in accordance with the usual rules for the interpretation of the relevant terms established on the Internet.
1.3. The titles of the headings (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.
2. Conclusion of an agreement
2.1. The text of the Agreement, permanently posted on the Internet at the permanent address https://www.backgrounds-music.com/terms-of-use, contains all the essential terms of the Agreement and is an offer by the Service to conclude the Agreement with any fully capable third party (an individual or a representative of a legal persons) using the Site, on the terms specified in the text of the Agreement.
2.2. Proper acceptance of this offer is considered to be the consistent implementation by a third party (an individual or a representative of a legal entity) of the following actions:
2.2.1. Follow the link on the Site to register as a User;
2.2.2. Acquaintance with the terms of the Agreement;
2.2.3. Filling in your data on the registration page of the Site as a User;
3. Subject of the Agreement
3.1. The Service provides the User with a free simple (non-exclusive) license to use the Site and its software for their intended purpose.
3.2. For the avoidance of doubt, the User is prohibited from:
3.2.1. Bypass the technical restrictions set on the Site;
3.2.2. Study the technology, decompile or disassemble the Site;
3.2.3. Create copies of copies of the Site, as well as their external design (design);
3.2.4. Modify the Site in any way;
3.2.5. Take actions aimed at changing the functioning and performance of the Site;
4. Site Features
4.1. The user through the Site has the opportunity to:
4.1.1. Search for Content of interest to him by means of keywords or sections presented on the Site;
4.1.2. Preview or listen (preview) of the Content on the Site without the possibility of downloading the Content or part of it to the User’s device or otherwise using such a version of the Content (preview);
4.1.3. Conclude Licenses between the User and MUSWAY STUDIO download Content to the User’s device, subject to payment of the appropriate remuneration by MUSWAY STUDIO;
4.2. The User has the right to use the Content in accordance with the License under the terms of which such Content is provided.
5. Purchasing Content
5.1. To use the Content in the ways specified in the License, the User performs the actions specified in the License, in particular, the acquisition of the Content by paying a fixed one-time remuneration to MUSWAY STUDIO, in the amount specified in the License and on the corresponding page of the Site.
5.2. The User is prohibited from using the Content in ways not specified in the relevant License.
5.3. The moment of payment of the MUSWAY STUDIO fee under the License is the moment the Service receives confirmation of the User’s payment from the relevant payment operator.
6. Personal data
The tree gives its consent to the Service for the processing of information, including the User’s personal data provided when using the Site, namely:
6.1.2. E-mail address;
6.1.3. Name, surname and patronymic;
6.1.4. Residence address;
6.1.5. The name of the company and its details (for a legal entity).
6.2. The processing of personal data means the recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), including cross-border, depersonalization, blocking, deletion, destruction of personal data not subject to special categories, the processing of which requires the written consent of the User.
6.3. The User may at any time revoke consent to the processing of personal data by sending the Service an appropriate notification by e-mail. At the same time, the Service has the right to continue processing the User’s personal data in cases provided for by law.
6.4. Additional or other provisions regarding the processing of personal data may be contained in the relevant document posted or posted on the Site. In the event that the provisions of such a document conflict with the provisions of this section, the provisions of the document shall apply.
6.5. The User agrees to receive advertising materials from the Service, its affiliates or from other persons on behalf of the Service to the e-mail address specified by the User when registering on the Site.
Consent to receive promotional materials may be revoked by the User at any time by sending the appropriate notification to the Service by e-mail.
7.1. The rights to the Content belong to MUSWAY STUDIO.
7.2. The Content is provided electronically in digital formats indicated on the relevant page of the Site containing information about the Content.
7.3. The Site and its software are provided “as is”. The User bears the risk of using the Site. The Service, wired and wireless operators through whose networks access to the Site is provided, affiliates, suppliers, agents of the Service do not provide any guarantees regarding the Site.
7.4. The Service does not guarantee that the Site meets the User’s requirements that access to the Site will be provided continuously, quickly, reliably and without errors.
7.5. Software and hardware errors, both on the side of the Service and on the side of the User, which led to the inability of the User to gain access to the Site and / or the User’s Personal Account, are force majeure circumstances, and the basis for exemption from liability for failure to fulfill the obligations of the Service under the Agreement.
8. Settlement of disputes
8.1. All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the Agreement, the Parties will seek to resolve through negotiations. The Party that has claims and/or disagreements sends a message to the other Party indicating the claims and/or disagreements that have arisen in accordance with clause 9.1 of the Agreement.
8.2. If the response to the message is not received by the Party that sent the message within 30 (thirty) working days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and / or disagreements that have arisen, the dispute is subject to resolution in court at the location Service.
9. Final provisions
9.1. The Parties hereby confirm that in the execution (change, addition, termination) of the Agreement, as well as in the conduct of correspondence on these issues, it is allowed to use analogues of the Parties’ handwritten signature. The Parties confirm that all notices, messages, agreements and documents within the framework of the fulfillment by the Parties of the obligations arising from the Agreement, signed by analogues of the Parties’ handwritten signatures, have legal force and are binding on the Parties. Analogues of a handwritten signature are understood as authorized e-mail addresses and credentials of the User.
9.2. The Parties acknowledge that all notices, messages, agreements, documents and letters sent using authorized email addresses are considered to be sent and signed by the Parties, unless such letters expressly state otherwise.
9.3. Authorized email addresses of the Parties are:
9.3.1. for the Service: email@example.com
9.3.2. for the User: the email address specified during registration on the Site.
9.4. The Parties undertake to ensure the confidentiality of information and information necessary for access to authorized e-mail addresses, to prevent disclosure of such information and transfer to third parties. The Parties independently determine the procedure for restricting access to such information.
10. Changing the terms of the Agreement
10.1. The Service has the right to unilaterally change the terms of the Agreement, while such changes come into force at the time the new version of the Agreement is published on the Internet at https://www.backgrounds-music.com/terms-of-use
10.2. Continued use of the functions of the Site will mean the User’s consent to the terms of the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, he stops using the Site.
Version from 01.12.2022