Terms and Conditions
1) Use of the Cherry Music service
You do not have to register in order to visit Cherry Music’s website. To access certain features of the Cherry Music service, though, such as playlists, you will need to register with Cherry Music and create a „Member” account. Your Member account gives you access to the Cherry Music services and functionality that we, in our sole discretion, may establish and maintain from time to time. This Cherry Music service is intended solely for business use.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cherry Music immediately of any breach of security or unauthorized use of your account. Although Cherry Music will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Cherry Music or others due to such unauthorized use. You may control your Member profile and how you interact with the Cherry Music service by changing your settings on the Cherry Music service. By providing Cherry Music your email address you consent to Cherry Music using the email address to send you Cherry Music service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone number to send you other messages, including changes to features of the Cherry Music service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by changing your settings. Opting out may prevent you from receiving messages regarding updates, improvements, or offers. All aspects of the Cherry Music service are subject to change or elimination at Cherry Music’s sole discretion. Cherry Music reserves the right to interrupt the Cherry Music service and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Cherry Music service with or without prior notice for any reason or no reason. You agree that Cherry Music will not be liable to you for any interruption of the Cherry Music service or your account.
2) End User Licenses
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, license to use the Cherry Music Business Music service in your business. Cherry Music reserves all rights not expressly granted herein in the Cherry Music service and the Cherry Music Content (as defined below). Cherry Music may terminate this license at any time for any reason or no reason. Cherry Music – Music For Business Music Service may only be used as background/ foreground music in your business locations. Cherry Music Business Music subscription does not cover licensing fees for public performances administered by your local collecting society. These licenses must be obtained directly from your local collecting societies. Cherry Music Business Music subscription does not cover licensing for Live music, DJ performances, or locations where an admission fee is charged.
To use the Cherry Music Software you must have a mobile device that is compatible with the Cherry Music service. Cherry Music does not warrant that our service will be compatible with your mobile device.
License Grant. Cherry Music hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Cherry Music Software for one Cherry Music Member account on one mobile device owned or leased solely by you, for your business use. Restrictions. You may not: (i) modify, disassemble, decompile, or reverse engineer the Cherry Music Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Cherry Music Software to any third party or use the Cherry Music Software to provide time sharing or similar Cherry Music services for any third party; (iii) make any copies of the Cherry Music Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Cherry Music Software, features that prevent or restrict use or copying of any content accessible through the Cherry Music Software, or features that enforce limitations on use of the Cherry Music Software; or (v) delete the copyright and other proprietary rights notices on the Cherry Music Software.
Software Upgrades. You acknowledge that Cherry Music may from time to time issue upgraded versions of the Cherry Music Software, and may automatically electronically upgrade the version of the Cherry Music Software that you are using on your mobile device. You consent to the such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Third-Party Code. Any third-party code that may be incorporated in the Cherry Music Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code.
Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Cherry Music Software or any copy thereof and Cherry Music or its third-party partners or suppliers retain all rights, titles, and interests in the Cherry Music Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Cherry Music reserves all rights not expressly granted under this Agreement.
3) Cherry Music’s Proprietary Rights
All right, titles, and interests in and to the Cherry Music service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Cherry Music service marks, copyrights, photographs, audio, videos, music, and User Content (the „Cherry Music Content”) are and will remain the exclusive property of Cherry Music and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Cherry Music service. Use of the Cherry Music Content or materials on the Cherry Music service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Any feedback, comments, or suggestions you may provide regarding Cherry Music or the Cherry Music services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
4) Paid Cherry Music services; Fictional Property
Billing Policies. Certain aspects of the Cherry Music service may be provided for a fee or other charge. If you select to use paid aspects of the Cherry Music service, you agree to the pricing, payment, and billing policies applicable to such fees and charges. Cherry Music may add new Cherry Music services for additional fees and charges, or amend fees and charges for existing Cherry Music services, at any time at its sole discretion.
Fictional Property. When using the Cherry Music service, you may accumulate fictional property related to the Cherry Music service that resides as data on Cherry Music’s servers. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON CHERRY MUSIC’S SERVERS, MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN CHERRY MUSIC’S SOLE DISCRETION. CHERRY MUSIC DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY SUCH DATA RESIDING ON CHERRY MUSIC’S SERVERS.
5) Refund policy
No Refunds. You may cancel your Cherry Music Account and/or Funding Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, Cherry Music has the right at any time for any reason or no reason to suspend or terminate your Account and/or Funding Account, terminate this Agreement, and/or refuse any and all current or future use of the Cherry Music service without notice, refund, obligation, or liability to you. In the event that Cherry Music suspends or terminates your Cherry Music Account, or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Cherry Music service, any content or data associated with your Cherry Music Account, or for anything else.
We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8) Additional Representations and Warranties
In connection with your User Content, you affirm, represent, and warrant, in addition to the other representations and warranties in this Agreement, that:
(a) you are at least 18 years of age, an emancipated minor, or have the consent of your parent or legal guardian, AND are fully able and competent to enter into this Agreement and to abide by and comply with its terms;
(b) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Cherry Music service and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(c) your User Content and Cherry Music’s use thereof as contemplated by this Agreement and the Cherry Music service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights, and rights of publicity.
9) Third-Party Links
You agree to defend, indemnify and hold harmless Cherry Music and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Cherry Music service, including any data or content transmitted or received by you;
(iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights;
(iv) your violation of any law, rule, or regulation of any country;
(v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account;
(vi) any other party’s access and use of the Cherry Music service with your unique username, password, or other appropriate security code.
11) No Warranty
THE CHERRY MUSIC SERVICE IS PROVIDED ON AN „AS IS” AND „AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, CHERRY MUSIC, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE CHERRY MUSIC SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE CHERRY MUSIC SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CHERRY MUSIC SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHERRY MUSIC SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHERRY MUSIC, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM:
(A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION;
(B) YOUR USE OR INABILITY TO USE THE CHERRY MUSIC SERVICE;
(C) THE CHERRY MUSIC SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE CHERRY MUSIC SERVICE AVAILABLE; OR
(D) ANY OTHER INTERACTIONS WITH CHERRY MUSIC OR ANY OTHER USER OF THE CHERRY MUSIC SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CHERRY MUSIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. The Cherry Music service is controlled and operated from its facilities in the European Union, Lithuania. Cherry Music makes no representations that the Cherry Music service is appropriate or available for use in other locations. Those who access or use the Cherry Music service from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You represent and warrant that:
(i) you are not located in a country that has been designated by the U.S. Government as a „terrorist supporting” country;
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Cherry Music without restriction.
Governing Law. You agree that: (i) the Cherry Music Service shall be deemed solely based in Vilnius; and (ii) the Cherry Music Service shall be deemed a passive one that does not give rise to personal jurisdiction over Cherry Music, either specific or general, in jurisdictions other than Vilnius. This Agreement shall be governed by the internal substantive laws of Lithuania, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Cherry Music that arises in whole or in part from the Cherry Music Service shall be decided exclusively by a court of competent jurisdiction located in Vilnius, Lithuania unless submitted to arbitration as set forth in the following paragraph. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution („ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures. Cherry Music may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Cherry Music in our sole discretion. Cherry Music reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Entire Agreement/Severability. This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between you and Cherry Music concerning the Cherry Music service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Cherry Music’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Survival. You continue to be bound by this Agreement after the termination of your account. Please contact us with any questions regarding this Agreement. Communicating with us by electronic mail will allow us to respond more quickly than will communications sent through ordinary mail.
UAB Cherry Music Europe
Company code: 302578625
Adress: Švitrigailos g. 11C
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