Analyrics Terms of Use

TBD Srl  Terms of Use for Analyrics.com LAST UPDATED: Dec. 22, 2011

Introduction

Welcome to Analyrics.com (the "Site"), which is owned by Tbd Srl ("Company").

Please read these terms of use before accessing the Site. As a result of your access and use of the Site, you hereby agree to the TERMS OF USE, conditions and notices set out herein. If you do not agree, we request and advise that you not use the Site. We reserve the right to revise the TERMS OF USE from time to time. Please check back to the TERMS OF USE periodically to review any changes. Your continued access to and use of the Site will indicate your acceptance of any such changes. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees in connection with any use of the Site; or offer opportunities to some or all Site users.

Your use of the Site is also:

1. governed by our Privacy Policy  ; and
2. subject to all applicable laws and regulations.

Terms of Use

The Company has established and maintains the Site to provide Site users with Items and Applications (as defined below), subject to this TERMS OF USE.

Items and Applications

The Company currently provides Site users with access to songs lyrics and music information, including albums, artists' biographies, pictures  and album’s cover (collectively, the "Items").

The Company could also provides Site users with various Applications, including member forms and other interactive and non-interactive features (collectively, the " Applications ").

The Site, Items and Applications are all subject to the TERMS OF USE. You acknowledge and agree that the Site, Items and Applications are provided on an "as is" and "as available" basis and that The Company does not accept any responsibility in connection with your use of or inability to use the Site, Items or Applications. The Site, Items and Applications are provided for personal use only and are not to be used by you for any commercial purpose.

Access to Applications

As a condition to your use of certain Applications, you will be required to register as a subscriber of the Site by providing the following information in respect of yourself, including currently your:

1. user name;
2. email;
3. password.

You agree that any information you provide will be accurate and complete. If you fail to do so (including if  The Company believes on reasonable grounds that you have failed to do so), then The Company may refuse or terminate your current and future use of the Applications, including by making your password ineffective.

Ability to Enter Into This Agreement

By accessing or using the Site, you affirm that you are of legal age to enter into this TERMS OF USE or, if you are not, that you have obtained parental or guardian consent to enter into this TERMS OF USE.

Information Collected From Subscribers

All information collected from you in respect of your registration as a subscriber of the Site will be used and maintained in accordance with our Privacy Policy.

User Conduct

You agree that in using the Site, Items or Applications you will not upload, post of otherwise make available any Items that:

1. is unlawful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, invasive of another's privacy, hateful, intentionally false, inaccurate or misleading or is otherwise objectionable;
2. infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any person;
3. is unauthorized or unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of unauthorized solicitation;
4. 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
5. violates any applicable local, provincial, national or international law.

With respect to the uploading of Items by subscribers , you are hereby advised that The Company may, but has no obligation to, monitor such Items for accuracy, completeness and appropriateness, before or after such Items appears on the Site. If The Company determines that a member has repeatedly engaged in copyright infringement in connection with the Site, then The Company may terminate such member's Site user account so that he or she will no longer be able to submit Items to the Site and/or terminate such member's right to use the Site pursuant to the TERMS OF USE.

Notwithstanding any other term herein, The Company reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of the Site, Items and Applications, with or without notice.

User's Grant of License

With respect to any Items you upload, post or otherwise make available in the course of using the Site, Items or Applications, including without limit any music lyrics, you:

1. acknowledge and agree that you grant to The Company and its designees in respect of any such Items 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 Items in any form, anywhere and for any purpose;
2. represent and warrant that you own, or otherwise have the right to exploit, such Items and to grant the rights that you grant to The Company herein; and
3. that the hosting and other use of your Items by The Company in accordance with the rights granted by you to The Company hereunder will not infringe or violate the intellectual property rights or other rights of any third party.

Proprietary Rights

You acknowledge that all Items on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works or otherwise use any Items, in whole or in part.

The Company has entered into a license agreement with MusiXmatch Srl, Bologna, Italy (the "MXM"), pursuant to which The Company is able to retrieve and display on the Site certain music lyrics for which MXM holds proprietary rights entitling it to supply such music lyrics to The Company (the "MXM Lyrics"). Under the terms of the MXM Agreement, The Company is required to identify all MXM Lyrics by displaying at the bottom of the page displaying MXM, link for the page on Site.

Notice to Copyright Holders

If you hold copyright(s) (or any other proprietary right(s)) to any Items, including without limit music lyrics, made available via the Site, and have any questions or concerns about the licensing, accuracy, or possible take-down of such Items from the Site, please contact us at hello{at}digitaltbd.com.

Claims of Copyright Infringement

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 Site 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.

Indemnity

You agree to defend, indemnify and hold harmless The Company 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 Site, Items or Applications; (b) any violation by you of the TERMS OF USE; or (c) any claim that any Items uploaded, posted or otherwise made available by you in connection with the Site, or any use or exploitation thereof, infringed upon or violated the rights of any third party.

Choice of Law and Forum

These TERMS OF USE shall be governed by the laws of Italy, excluding its conflicts of law provisions. You hereby agree that the exclusive jurisdiction for any claim or action relating to these TERMS OF USE or your use of the Site, Items or Applications shall be filed only in the courts located in Florence, and you further agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Linking

The Site or Applications may provide, or third parties may provide, links to other internet sites or resources. The Company has no control over other internet sites and resources and as such you acknowledge and agree The Companyis not responsible for the availability of such external internal sites or resources, and does not endorse and are not responsible or liable for any Items, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Company 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 Items, goods or Applications available on or through any such site or resource.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. THE COMPANY 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.
2. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT:

1. THE SITE, APPLICATIONS OR THE ITEMS WILL MEET YOUR REQUIREMENTS;
2. THE SITE, THE APPLICATIONS OR THE ITEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
3. THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, THE APPLICATIONS OR THE ITEMS WILL BE ACCURATE OR RELIABLE;
4. THE QUALITY OF ANY PRODUCTS, APPLICATIONS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, THE APPLICATIONS OR THE ITEMS WILL MEET YOUR EXPECTATIONS; AND
5. ANY ERRORS IN THE SOFTWARE OPERATING ON THE SITE WILL BE CORRECTED.
6. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATIONS 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.
7. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE APPLICATIONS OR THE ITEMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY 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:

1. THE USE OR THE INABILITY TO USE THE SITE, THE APPLICATIONS OR THE ITEMS;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND APPLICATIONS RESULTING FROM ANY GOODS, DATA, INFORMATION OR APPLICATIONS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, THE APPLICATIONS OR THE ITEMS;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, THE APPLICATIONS OR IN THE ITEMS; OR
5. ANY OTHER MATTER RELATING TO THE SITE, THE APPLICATIONS OR THE ITEMS.

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.