Please review these terms and conditions of use carefully before using Ber-Music.
This document states the terms and conditions ("Terms") upon which Ber-Music("we" or "us"), will provide service to you on the Ber-Music(the "Website"). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively "using") the Website, you express your understanding and acceptance of these Terms. As used in this document, the terms "you" or "your" refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it.
1. Eligibility
You must be at least thirteen (13) years of age to use the Website. Use of the Website is not permitted where prohibited.
2. Grant of Use
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the "Content") on your computer consistent with these Terms.
This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your access to or use of the Website, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website after said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
3. Intellectual Property
The Content, with the exception of User Submissions and Third Party Content (defined below), including text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively "Proprietary Materials"), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including the United States, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
We support the respective owners of the intellectual property in their struggle with unlawful use of the copyrighted works and take steps to prevent use of the Website for the purposes of intellectual rights infringement.
Zona Ber-Musicis a search engine which searches for mp3 files all over the Internet. Since it is not feasible to verify legality of content placement in each specific case, we do our best to ensure that our crawler searches the officially approved websites in the first place, and does not search the websites that are officially known as providers of illegal content. We manually include links to the sources officially approved by the major right holders into the index (e.g. Recording Industry Association of America (RIAA) approved list published at https://www.riaa.com/toolsforparents.php?content_selector=legal-music-services). Moreover, websites which are officially found to contain illegal materials are manually excluded from the index. In particular, we review regular reports of USTR (Office of the US Trade Representative) in order to eliminate from the index URLs of web pages that are reportedly engaged in piracy.
Save for the manual intervention described above our search index is formed automatically, so for claims in respect of the URLs automatically added to our index, an effective system for processing such claims is in place. Links addressing users to infringing content are removed shortly in accordance with the procedure described in DMCA section of the Website. We include names of compositions or URLs reported in the claims into our blacklist to prevent search of such compositions or URLs on the Website and subsequent appearance thereof in our index. Furthermore, we use hash filtering with the purpose to increase effectiveness of preliminary control. Links which lead to mp3 files having the same hash sum as the copyrighted mp3 previously deleted from the index are not included into the index
4. User Submissions
You are entirely responsible for any and all materials you submit or otherwise make available via the Website, including videos or any other communications or profile information, (collectively, "User Submissions"). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
You shall be solely responsible for any and all of your own User Submissions and any and all consequences of posting, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and warrant all of the following:
You own or have the necessary licenses, permissions, rights or consents to use, authorize us to use and license us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Website and these Terms.
Your User Submissions are not obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion.
Your User Submissions not depict illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals.
Your User Submissions do not impersonate any person or entity or otherwise misrepresents you in any way, including creating a false identity.
Your User Submissions would not constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party (including the infringement of anyone's the intellectual property rights), or otherwise create liability or violate any local, state, national or international law.
Your User Submissions are not unsolicited or unauthorized advertising, promotion, "spam" or any other form of solicitation;
We claim no ownership or control over User Submissions or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate and create derivative works of User Submissions for any purpose, including any purpose contemplated by the Website and these Terms. Furthermore, you also grant other users of the Website a right and license to display, stream and download User Submissions in connection with their use of the Website and for other personal use. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the Website, and that uploading the User Submissions will not infringe upon any other party's rights or your contractual obligations to other parties.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of a third-party or violates applicable law and you shall indemnify us for any damages finally awarded against and for reasonable attorney's fees incurred by us in connection with any such claim, demand, suit or proceeding provided that we (a) promptly give you written notice of the claim, demand, suit or proceeding, (b) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you do not settle unless the settlement unconditionally releases us of all liability), and (c) provide you with all reasonable assistance, at your expense.
5. Content on the Website
The Website is a search engine (such as Google or Bing). We do not upload or post any Content to the Website. The Website merely contains information regarding the location of files on the Internet, at locations which we do not own, operate or control. You understand and acknowledge that, when using the Website, you will be exposed to Content from a variety of sources including content made available on the Website by other users (collectively, "Third Party Content") and that we do not control and are not responsible for any Third Party Content or User Submissions. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
Although we takes steps to decrease the number of links leading to inappropriate Content, we assume no responsibility for such Content and have no obligation to monitor or delete any links until receipt of due notice from the right holder. We cannot guarantee legality of all search results and hope for your assistance in our struggle with illegal links.
All Content on the Website is provided to you "AS-IS" for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever that Content without the prior written consent of the respective owners/licensors of the Content.