Welcome to Decoda.com (the "Website"), which is owned by LyricStatus Ltd ("Decoda").
Your use of the Website is also:
- subject to all applicable laws and regulations.
Decoda has established and maintains the Website to provide Website users with Content and Services (as defined below), subject to this TOU.
Content and Services
Decoda currently provides Website users with access to music lyrics and music information, including albums, artists' biographies, news, images and video and audio footage (collectively, the "Content").
Decoda also currently provides Website users with various services, including member forms and other interactive and non-interactive features (collectively, the "Services").
The Website, Content and Services are all subject to the TOU. You acknowledge and agree that the Website, Content and Services are provided on an "as is" and "as available" basis and that Decoda does not accept any responsibility in connection with your use of or inability to use the Website, Content or Services. The Website, Content and Services are provided for personal use only and are not to be used by you for any commercial purpose.
User Content: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Website, including without limitation(i) Registration Data, (ii) the information you include in your profile, which may include your handle or profile page for third party accounts like Facebook and Twitter and your photo, and (iii) your comments on the site of summaries thereof (provided that the composition of any such summaries shall be created by and owned by Decoda). You represent and warrant that the User Content and all other content submitted to the Website through your account or otherwise posted, transmitted, or distributed by you on or through the Website will not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights) and that such content shall not contain libelous, defamatory or otherwise unlawful material. You agree not to post any User Content without any permission or consent that may be required in order for you to do so.
Access to Services
As a condition to your use of certain Services, you will be required to register as a member of the Website by providing the following information in respect of yourself, including currently your:
- user name;
- email address; and
- member-created password.
You agree that any information you provide will be accurate and complete. If you fail to do so (including if Decoda believes on reasonable grounds that you have failed to do so), then Decoda may refuse or terminate your current and future use of the Services, including by making your password ineffective.
Ability to Enter Into This Agreement
By accessing or using the Website, you affirm that you are of legal age to enter into this TOU or, if you are not, that you have obtained parental or guardian consent to enter into this TOU.
Information Collected From Members
You agree that in using the Website, Content or Services you will not upload, post of otherwise make available any Content that:
- is unlawful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, invasive of another's privacy, hateful, intentionally false, inaccurate or misleading or is otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any person;
- is unauthorized or unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of unauthorized solicitation;
- contains software viruses or any other form of computer code that is designed to disrupt or damage the functionality of any software, hardware or telecommunications equipment; or
- violates any applicable local, provincial, national or international law.
With respect to the uploading of Content by members, you are hereby advised that Decoda may, but has no obligation to, monitor such Content for accuracy, completeness and appropriateness, before or after such Content appears on the Website. If Decoda determines that a member has repeatedly engaged in copyright infringement in connection with the Website, then Decoda may terminate such member's Website user account so that he or she will no longer be able to submit Content to the Website and/or terminate such member's right to use the Website pursuant to the TOU.
Notwithstanding any other term herein, Decoda reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of the Website, Content and Services, with or without notice.
User's Grant of License
With respect to any Content you upload, post or otherwise make available in the course of using the Website, Content or Services, including without limit any music lyrics, you:
- acknowledge and agree that you grant to Decoda and its designees in respect of any such Content a perpetual, royalty-free, sub-licensable (through multiple tiers), non-exclusive, worldwide, irrevocable right and license to use, reproduce, display, publish, modify, adapt, transmit and distribute any such Content in any form, anywhere and for any purpose;
- represent and warrant that you own, or otherwise have the right to exploit, such Content and to grant the rights that you grant to Decoda herein; and
- that the hosting and other use of your Content by Decoda in accordance with the rights granted by you to Decoda hereunder will not infringe or violate the intellectual property rights or other rights of any third party.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Website may contain content ("Website Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Decoda, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Website Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Website. In connection with your use of the Website you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith is the property of Decoda, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Decoda.
Third Party Material: Under no circumstances will Decoda be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Website. You acknowledge that Decoda does not pre-screen content, but that Decoda and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website. Without limiting the foregoing, Decoda and its designees shall have the right to remove any content that violates these Terms or is deemed by Decoda, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Downtime: The Website may be temporarily unavailable from time to time for maintenance or other reasons. Decoda shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Website. Under no circumstances will Decoda be responsible for any personal injury or death resulting from the use of the Website, any User Content or Third Party Content, or any use of products or services provided by Users.
You acknowledge and agree that Decoda may preserve and store content for any period of time and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Decoda, its users and the public. You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright holders who believe that material on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Website infringe your copyright, you (or your agent) may send to us a notice requesting that we remove or block the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Edward Gain, CEO
Apt 1168 Chynoweth House
Tel: +44 844 740 0847
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
We recommend that you consult your legal advisor before filing a notice of counter-notice.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Decoda will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Decoda has adopted a policy of terminating, in appropriate circumstances and at Decoda's sole discretion, users who are deemed to be repeat infringers. Decoda may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Website contains (or you may encounter through your use of the Website) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Decoda. If you decide to leave the Website and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern your use of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from that site.
Third Party Services
In addition, Decoda is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Decoda is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Decoda may enable these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Decoda is not responsible for cookies, web beacons, clear gifs, or other code you or other parties place on your computer in any way, including any association of Website content with such code. For example, if you access a Third Party Site through a link on the Website, your browser or other cookies on your computer may cause a referrer header to be sent to that site indicating some of your browsing history or the URL from which your visit originated. Decoda shall have no liability to you in connection with any such transmission, whether or not that transmission contains information associated with or originating from Decoda.
You agree to defend, indemnify and hold harmless Decoda and any of its affiliates, employees, officers, directors, agents, representatives, licensees, successors and assigns from all liabilities, claims and expenses, including reasonable legal fees and disbursements, arising in connection with (a) your access to, use of or activities in connection with the Website, Content or Services; (b) any violation by you of the TOU; or (c) any claim that any Content uploaded, posted or otherwise made available by you in connection with the Website, or any use or exploitation thereof, infringed upon or violated the rights of any third party.
The Website or Services may provide, or third parties may provide, links to other internet sites or resources. Decoda has no control over other internet sites and resources and as such you acknowledge and agree Decoda is not responsible for the availability of such external internal sites or resources, and does not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Decoda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- Decoda EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Decoda DOES NOT MAKE ANY WARRANTY THAT:
- THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS;
- THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS; AND
- ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Decoda SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT; OR
- ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR THE CONTENT.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of under disclaimer of warranties and limitation of liability may not apply to you.