Terms of Use
Welcome to cmelody.com (“Website”), owned and operated by C Melody (“C Melody”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of the Website and all related services offered by C Melody, including streaming, downloads, artist profiles, user accounts, and any other features, content, or functionality offered on or through the Website (collectively, the “Services”).
Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Services.
1. Your Acceptance
These Terms of Use constitute a binding agreement between you and C Melody, governing your use of the Website and Services. By accessing or using the Website or Services, you signify your assent to both these Terms of Use and the C Melody Privacy Policy, which is incorporated into these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and these Terms.
2. Website and Service Access
Permitted Use
C Melody grants you permission to use the Website and Services as set forth in these Terms, provided that:
(i) Your use is solely for your personal, non-commercial use;
(ii) You will not copy or distribute any part of the Website or Services without C Melody’s prior written authorization;
(iii) You will not alter or modify any part of the Website or Services; and
(iv) You will comply with these Terms.
Eligibility
You represent that you are of legal age to form a binding contract and are not barred by any laws from using the Services. If you are under 18, you represent that you have obtained your parent or legal guardian’s consent to these Terms.
Account Registration
You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized access.
Prohibited Conduct
You agree not to:
Use any automated system, including “robots,” “spiders,” or similar technologies, to access the Services in a manner that sends more requests to our servers than a human can reasonably produce.
Collect or use any personally identifiable information from the Website or Services.
Use the communication systems provided by the Services for any commercial solicitation purposes.
3. The Website and Services
These Terms apply to all users of the Website and Services, including users who contribute information, ideas, and other materials or services. The Website and Services may contain links to third-party websites or services not owned or controlled by C Melody. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Website and Services, you specifically release C Melody from any and all liability arising from your use of any third-party website or service.
4. User Content
User Content Generally
“User Content” is any content you upload, post, transmit, or otherwise make available through the Services. You represent and warrant that you own all rights to your User Content or have obtained all necessary licenses and permissions to use, and authorize us to use, your User Content as described herein.
User Content Restrictions
You agree not to upload, post, transmit, or otherwise make available any User Content that:
Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
Contains viruses, malware, or other harmful code;
Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
Exploits, abuses, or endangers children.
Grant of License to User Content
By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business. You also grant each user of the Services a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under these Terms.
Monitoring and Enforcement
We reserve the right, but have no obligation, to monitor, edit, remove, or refuse to post any User Content for any reason, at our sole discretion, without notice. We have no responsibility or liability for the deletion or failure to store any User Content.
5. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by C Melody, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way commercially exploit any of the content of the Services, in whole or in part, except as expressly permitted in these Terms. You may not download or save a copy of any of the content of the Services for any purpose other than personal, non-commercial use, unless otherwise expressly permitted by C Melody in writing.
6. Music Licenses
Limited License to Use Music
When you purchase or stream music through the Services, you are granted a limited, non-exclusive, non-transferable license to use the music for personal, non-commercial use only. You may not copy, distribute, modify, publicly perform, or create derivative works of the music without our express written permission.
Ownership of Music
C Melody or its licensors retain all ownership rights to the music available through the Services. Your use of the music is subject to the terms of any applicable licenses from our licensors.
7. Payment Terms (Fees, Affirm, Gift Cards, Referral Program)
Fees
The fees for C Melody products and services are specified on the Website. You agree to pay all amounts due in accordance with the payment terms in effect when you make a purchase, including any applicable service, transaction, or processing fees.
Currency
Transactions are settled in U.S. dollars (USD). You will be responsible for any fees or expenses imposed by your payment provider or processor to settle the transaction in USD. C Melody may, from time to time, settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
Payment Methods
You may purchase products and services using a valid payment card or other payment methods we may offer. Your use of your payment card is governed by your agreement with your card issuer.
Refunds and Revisions
Refunds for C Melody products are subject to our refund policy, which is available on the Website.
Affirm
We have partnered with Affirm, Inc. (“Affirm”) to offer you financing options for your purchases. If you choose to use Affirm financing, you will be redirected to Affirm’s website to complete your transaction. Your use of Affirm financing is subject to Affirm’s terms and conditions and privacy policy. C Melody is not responsible for Affirm’s actions or omissions.
Gift Cards
C Melody gift cards can be applied only to purchases of C Melody products from the Website. Except as otherwise indicated, gift cards are subject to these Terms. A gift card is valid only if purchased from the Website or from a party authorized by C Melody. C Melody is not responsible for, and will not honor, any invalid gift card or balance that is incorrect, misrepresented, or invalid.
All gift cards are electronic. A gift card has no balance or value until payment has been received and the recipient activates the gift card. C Melody is not responsible for any gift card that is undeliverable, not received, or not activated, for any reason, including inaccurate delivery information (such as an inaccurate email address), spam filters on the recipient’s email, or otherwise.
Balance: The price of each transaction paid for by the gift card will be debited against the balance on the gift card. If the price is greater than the balance, the purchaser must pay the difference. If the price is less than the balance, the unused portion will remain as a balance credit until it is redeemed and the balance of the gift card is decreased to zero.
Refusal to Accept: C Melody may refuse to accept payment by a gift card if C Melody determines that the gift card: has an invalid number; has a balance or value of zero; has not been activated; cannot be found within C Melody’s system. C Melody may also refuse to accept payment by a gift card if it suspects fraud, mistake, alteration, error in denomination, or a violation of any applicable law or regulation or these Terms of Use.
No Implied Warranties: A gift card is not a credit, debit, or charge card. To the extent permitted by applicable law, C Melody disclaims all warranties, conditions, and representations of any kind with respect to any gift card or the balance of any gift card, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade. To the fullest extent permitted by applicable law, in the event a valid gift card is non-functional, the sole remedy, and the sole liability of C Melody will be the replacement of that gift card.
Other Terms:
Expiration: Gift cards will remain active for five years from the date of purchase. Notwithstanding the foregoing, C Melody does not guarantee that gift cards or their value will be available at all times. C Melody does not guarantee that it will continue to offer gift cards for any particular length of time. C Melody may suspend or terminate gift cards from time to time for any or no reason, in our sole discretion, and without advance notice or liability.
Lost or Stolen Gift Card: The purchaser and recipient are responsible for securing the gift card. A lost or stolen gift card will not be replaced. C Melody is not responsible for any unauthorized use of a gift card.
Referral Program
We may offer a Customer Referral Program that allows you to earn credits by referring new users to the Services. The terms of the Customer Referral Program will be provided to you separately and are incorporated into these Terms.
8. Disclaimer of Warranties
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY CMELODY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CMELODY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CMELODY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CMELODY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, CMELODY’S SERVERS OR ANY ELECTRONIC COMMUNICATIONS SENT FROM CMELODY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CMELODY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL