The following terms and conditions govern all use of the iProsong.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by iProSong (“iProSong”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, iProSong Privacy Policy) and procedures that may be published from time to time on this Site by iPROSONG (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by iProSong, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Payment and Renewal
By submitting a product, service or Content to iProsong, you agree to pay iProsong the one-time and/or monthly or annual subscription fees (payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated.
Responsibility of Website Visitors
iProSong has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which iProSong.com links, and that link to iProSong.com. iProSong does not have any control over those non-iProSong websites and webpages, and is not responsible for their contents or their use. By linking to a non-iProSong website or webpage, iProSong does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. iProSong disclaims any responsibility for any harm resulting from your use of non-iProSong websites and webpages.
Copyright Infringement and DMCA Policy
As iProSong asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by iProSong.com violates your copyright, you are encouraged to notify iProSong in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. iProSong will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. iProSong will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of iProSong or others. In the case of such termination, iProSong will have no obligation to provide a refund of any amounts previously paid to iProSong.
iProSong.com is a not-for-profit internet resource which is NOT generating revenue by selling or distributing Mp3 Files, it generates advertising revenue to maintain its server and personnel costs. iProSong.com does NOT endorse the distribution of copyrighted content. When you listen/download Mp3 Files from iProSong.com you do so with the understanding that iProSong.com and its operators will not be held accountable or responsible for violations of copyright or intellectual property laws that may occur as a result of your action.
What is copyright?
Copyright is a form of protection provided for original works of authorship, including literary, dramatic, musical, graphic and audiovisual creations. “Copyright” literally means the right to copy, but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work.
What is copyright infringement?
Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
As a general matter, we at iProSong.com respect the rights of artists and creators, and hope you will work with us to keep our community a creative, legal and positive experience for everyone, including artists and creators.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don’t make false claims!
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Intellectual Property
This Agreement does not transfer from iProSong to you any iProSong or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with iProSong. iProSong, iProSong.com, the iProSong.com logo, and all other trademarks, service marks, graphics and logos used in connection with iProSong.com, or the Website are trademarks or registered trademarks of iProSong or iProSong licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of our Website grants you no right or license to reproduce or otherwise use any iProSong or third-party trademarks.
Termination
iProsong may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your iProsong.com account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by iProsong if you materially breach this Agreement and fail to cure such breach within thirty (30) days from iProsong notice to you thereof; provided that, iProsong can terminate your account on our Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If iProsong.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. iProsong.com may disable your user ID and password at iProsong sole discretion without notice or explanation.
Disclaimer of Warranties
The Website is provided “as is”. iProSong and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither iProSong nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
General Representation and Warranty
You represent and warrant that:
(i) your use of the Website will be in strict accordance with the iProSong Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Zambia or the country in which you reside) and
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
By submitting Content to iProSong for inclusion on our Website, you grant iProSong a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you wish to delete your Content, iProSong will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, iProSong has the right (though not the obligation) to, in iProSong sole discretion
(i) refuse or remove any content that, in iProSong reasonable opinion, violates any iProSong policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in iProSong sole discretion. iProSong will have no obligation to provide a refund of any amounts previously paid.
Indemnification
You agree to indemnify and hold harmless iProSong, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Breaches of these terms and conditions
Without prejudice to iProSong’s other rights under these terms and conditions, if you breach these terms and conditions in any way, iProSong.com may take such action as iProSong.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Changes
iProSong reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. iProSong may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between iProSong and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of iProSong, or by the posting by iProSong of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by and construed in accordance with the laws of Zambia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Zambia.
You accept that, as a limited liability entity, iProSong.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against iProSong officers or employees in respect of any losses you suffer in connection with the website.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; iProSong may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.