Copyright ©2020 - Eidluab Analytics LLC
Menu
THIS GLOBAL MUSIC PLAYLIST SUBSCRIPTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE MEMBER, AND GLOBAL MUSIC PLAYLIST . PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GLOBAL MUSIC PLAYLIST SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS.
Global Music Playlist is a subscription service which provides access to weekly music charts. The service consists of a subscription plans whereby, for a monthly fee, you are granted access rights to our music charts. In order to use the service, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet and to be able to view the music charts. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the service registration process located on our web site at www.globalmusicplaylist.com.
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the “Registration Data”). Once you subscribe to the service, you are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.
Global Music Playlist will not release Registration Data about member to third parties. We will not give out individual sales information unless required to do so by law. Global Music Playlist Privacy Policy is set forth at https://www.globalmusicplaylist.com/privacy-policy and may be amended at any time in our sole discretion.
Global Music Playlist will make reasonable efforts to keep the site operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. Global Music Playlist also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the service with or without notice. You agree that Global Music Playlist shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service.
The service has been developed to allow individual end users the view our music charts very reasonable price. By enrolling in the service, you acknowledge and agree that you have no right to provide any chart data obtained through the service to any other party or through any other means. COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS STRICTLY PROHIBITED. Global Music Playlist reserves the right to immediately and permanently terminate your access to the service if Global Music Playlist believes that you are violating such limitation.
5.1 By registering for the service, you agree to pay the applicable monthly rate when charged.
5.2 Your subscription will continue automatically at the monthly rate unless terminated by Global Music Playlist or until you can cancel your subscription.
5.3 Each month during the term of this Agreement, the monthly fees for use of the service will be billed automatically to the credit card you designated during the service registration process. You agree to pay all fees and charges incurred in connection with your unique ID and password for the service (including any applicable taxes) at the rates in effect when the charges were incurred. You also agree that upon return after deactivation by submitting your credit card for payment you authorize Global Music Playlist to process your card for the amount totaling the number of months missed times the monthly fee. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the service using your ID and password without your authorization, you must contact subscriptions@globalmusicplaylist.com.
5.4 GLOBAL MUSIC PLAYLIST RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY GLOBAL MUSIC PLAYLIST.
6.1 You agree that Global Music Playlist, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the service for any reason, including, without limitation, if Franchise Record Pool believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Global Music Playlist may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Global Music Playlist may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that Global Music Playlist shall not be liable to you or any third-party for any termination of your access to the service.
6.2 You may terminate this Agreement and your subscription to the service at any time. HOWEVER, IF YOU TERMINATE YOUR SUBSCRIPTION IN THE MIDDLE OF A BILLING CYCLE, YOU WILL BE REQUIRED TO PAY A TERMINATION FEE EQUAL TO THE FEE FOR SERVICE FOR THE NUMBER OF DAYS REMAINING IN THE BILLING CYCLE AFTER NOTICE OF TERMINATION. ANY PAYMENT IN ADVANCE FOR FUTURE SERVICE IS NONREFUNDABLE.
7.1 Only you may access the service using your ID and password. The content available through the service is the property of Global Music Playlist or its licencors and is protected by copyright and other intellectual property laws. Content through the service may be used for your professional use only. You agree not to reproduce, re transmit, distribute, disseminate, sell, make available to third parties or circulate the content received through the service to anyone or to exploit any such content for commercial or noncommercial purposes not intended by this Agreement without the express prior written consent of Global Music Playlist. You agree to indemnify and hold harmless Global Music Playlist for your failure to comply with this Section.
7.2 You acknowledge that Global Music Playlist retains exclusive ownership of the service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the service or its contents, and Global Music Playlist reserves all rights not expressly granted hereunder. You shall promptly notify Global Music Playlist in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or Global Music Playlist’s patent, copyright, trade secret, trademarks or other intellectual property rights. The service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. GLOBAL MUSIC PLAYLIST DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE GLOBAL MUSIC PLAYLIST WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE FRANCHISE RECORD POOL WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE FRANCHISE RECORD POOL WEBSITE, SERVICE OR PRODUCTS.
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the service following our notification of a change or new agreement will constitute your binding acceptance of the change.
This Agreement is governed by the laws of the State of Pennsylvania, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts in all disputes arising out of or relating to the service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation. You shall not use the service in any manner contrary to local, state or federal law. Global Music Playlist expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our Affiliate Program (the “Program”) is meant to encourage you to promote our products, to bring us to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee, nor do we have a partnership: if we approve your participation in this program, you are an independent contractor.
This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree upon specific dates.
Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we can find other affiliates, and you can market other products.
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to subscribe to our services. As our affiliate, you may not present yourself as a part of Global Music Playlist, and may not create any obligation on behalf of Global Music Playlist.
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.
You shall invest reasonable time in promoting our products and services, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bonafide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.
We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services.
This means that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.
You may only use the permitted banners and promotional material that we provide you as a part of our gallery.
All promotional materials showing prices should reflect updated prices and discounts at any time.
We reserve the right to terminate your affiliation with Global Music Playlist (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at Global Music Playlist’s sole discretion. When we terminate our relationship, you must cease using all of our Intellectual Property Rights.
In any case we suspect any breach of these terms, we may also suspend your account until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such case, we may require review of your books and records prior to reinstatement.
Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.
In case we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then we may decide to close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. We will not use this right without providing you notice of at least 14 days, allowing you the time to market and promote your referral links and restore your “active” status.
Each affiliate will be provided with a fixed affiliate commission that we will notify in writing. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.
We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our platform within seven days by clicking a permitted linked you placed, and who made a purchase of any of our goods and services; all, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own volition prior to his click. We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.
The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
You agree that our books and records are deemed as accurate and that our tracking is final.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.
We pay our affiliates on a monthly basis when their commissions reach a threshold that we determine and post on our website. The payment shall be made via PayPal or any other method we agree upon.
Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.
You are required by law to provide us with an invoice upon payment.
If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
We consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.
Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
The following are considered bad practices:
(i) using deceptive practices;
(ii) presenting yourself as a part of Global Music Playlist;
(iii) using domain names that imply any link to the Global Music Playlist brand including the word “Global Music Playlist” or similar sounding, looking or typed names;
(iv) using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for the services when there isn’t.
(v) spamming;
(vi) buying traffic;
(vii) using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (
viii) offering coupons or discounts without our consent; ;
(ix) offering others a part of your commission;
All websites which you use to promote Global Music Playlist must have a prominent privacy policy, which is acceptable under the relevant privacy protection laws, as well as provide a prominent notice on the collection of data made by us using the tag, pixel, and code.
This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account due to it. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.
Our relationship is confidential; meaning that your commission is confidential, the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for each subscription, but you should not tell others what is your specific commission.