Terms of Use

ABOUT US

These Terms of Use apply when you access mobile application ( the app are collectively referred to herein as the “Service”). The Service is a neutral venue that is not responsible for user conduct, content or interactions.  OUR NEUTRAL VENUE IS PROVIDED “AS-IS” WITH NO WARRANTIES OF ANY KIND.

ACCEPTANCE OF THESE TERMS OF USE

Please read these Terms of Use (the “Terms”) before using the Service. Using the Service indicates that you accept these Terms. If you do not want to accept them, you may not use the Service. The Effective Date of these Terms of Use is 30th May 2019.  Please check this page periodically to take notice of any changes we made because they are binding on you. Your continued use of the Service following the posting of revised Terms of Use constitutes your acceptance of the changes.

YOUR OBLIGATIONS

By submitting any content to or through the Service, you represent and warrant that you have full legal right to submit such content without violating any law, infringing upon rights of any third party, including, without limitation, copyright, privacy, publicity or other rights.

You are responsible for making all arrangements necessary for you to have access to the Service.

PROHIBITED CONDUCT

You must not:

Use the Service for any illegal purpose, to violate anyone’s rights, including, without limitation, copyright, privacy and publicity rights.

Use offensive language, submit any abusive, defamatory, obscene, threatening, harassing, racially offensive, or similar material we deem objectionable.

Access the Service to build a competing service.

Post false or illegal content, use a false name or impersonate any other person.

Re-post content that we already erased. 

Send spam, promotional materials.

Stalk, harass or annoy others.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.

Introduce any viruses or other harmful code of any kind, use any device, software or routine that interferes with the proper working of the Service.

Otherwise attempt to interfere with the proper working of the Service or anyone’s use and enjoyment of it.

MONITORING

We have the right to take any action that we deem necessary or appropriate for violation of these Terms. We may:

Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service.

Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

Block violator’s IP address and/or notify his or her Internet Service Provider

Take appropriate legal action.

As a neutral venue, we do not provide mediation, arbitration or other forms of resolving disputes between Service users. Nevertheless, we reserve the right to facilitate disputes in any way we deem appropriate.

We may withdraw or change our Service in any way we deem appropriate without prior notice to you. We are not liable if for any reason all or any part of the Service is unavailable at any time or for any period.

TERMINATION

We may refuse service and terminate accounts, for reasons including, but not limited to, a belief by App, in its absolute discretion, that user conduct violates applicable law or is harmful to the interests of App, its members, partners, suppliers, or other users, or for any other reason, at our sole discretion, with or without cause.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless App, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your data, your violation of these Terms of Use or any activity related to your account (including infringement of third parties' privacy rights or intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this Service through your account.

DISCLAIMER

Gamma Web Limited does not accept any liability for any data errors. App will not accept liability for any loss or damage or inconvenience arising as a consequence of any use of or the inability to use any information within the Service. Use and rely on any information at your own risk. App does not represent or warrant that the information accessible via the website is accurate, complete or up to date.

NO WARRANTIES

To the fullest extent permitted by law, App disclaims liability for any loss, damage or inconvenience arising as a consequence of any use of or the inability to use this Service. The information on the Service is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. App does not warrant that the functional aspects of the Service will be uninterrupted or error free or that the Service or the server are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

INTELLECTUAL PROPERTY

Ownership. By accessing the Service you agree that all of its contents is the proprietary information of  App and is protected by US and international copyright, patent, trademark and trade secret laws. You represent and warrant that you will conform your access, copying and use of all Service content to the purposes permitted under these Terms of Use. You must not alter or remove any copyright, trademark and other proprietary rights notices appearing on the Service. If you breach any of these Terms of Use, your authorization to use the Service will automatically terminate and you must immediately delete or destroy any downloaded or printed material. To reproduce or distribute any Service data that does not belong to you, you must obtain prior written permission of App. To request permission, send an email to multanisohil007@gmail.com, including your name and a description of your intended use.

Copyright Infringement. We respect the intellectual property rights of others. All claims of copyright infringement on our Service will be investigated if reported to multanisohil007@gmail.com. If we believe that any content violates any applicable law, we will remove or disable access to any infringing content and/or terminate or suspend the offending party’s account.

CONSENT TO ELECTRONIC COMMUNICATIONS

When you use this Service and the services associated with it by filling in forms or when you send us emails, you consent to electronic communication and consent to our access to protected information that may be contained in the electronic communications. The use of personal information is governed by our Privacy Policy. You agree that all agreements, notices, disclosures, records and other communications that Mindfully Calming Melodies sends to you electronically satisfies all legal requirements to the same extent if such communications be in writing.

SPECIAL TERMS FOR APPLE STORE

By accessing the Service through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:

Service is owned and operated by Mindfully Calming Melodies. These Terms govern the relationship between you and Mindfully Calming Melodies, and not with Apple. Mindfully Calming Melodies, not Apple, is solely responsible for the Service and the content thereof.

You are granted a non-transferable license to use the Service on an iOS product that you own or control and as permitted by these Terms and Usage Rules set forth in the App Store Terms of Service.

In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Mindfully Calming Melodies, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Mindfully Calming Melodies is solely responsible for providing any maintenance and support services with respect to the Service, as specified in these Terms, or as required under applicable law. Mindfully Calming Melodies and you hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

By accessing the Service, you warrant that you are  not be on the U.S. Treasury Department's list of Specially Designated Nationals or any U.S. Government list of prohibited or restricted parties; 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;

APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE, AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE OUR SOLE RESPONSIBILITY.

Mindfully Calming Melodies, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

These Terms of Service do not confer any rights on any third party, provided however that you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

GENERAL

Relationship of the Parties. These Terms do not create any agency, joint venture, partnership,cemployer-employee relationship. All parties are independent contracting parties.

Assignment. You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

Linking. You may link to our Service in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Entire Agreement. These Terms, the Privacy Policy and any supplemental written agreements you enter into with us in connection with your use of the Service shall constitute the entire understanding with respect to the transactions and matters contemplated hereby, and supersede all previous agreements between us concerning the subject matter set forth above, and cannot be amended except in writing signed by both parties.

Updates. We update Terms every once in a while as we deem appropriate, without notifying you. The date of last update is indicated at the top of this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Service following the posting of revised Terms of Use constitutes your acceptance of the changes.

Contact Us. All feedback, comments, requests for technical support and other communications relating to the Service should be directed to our customer service representative at multanisohil007@gmail.com.

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