ΟΡΟΙ ΧΡΗΣΗΣ ΤΩΝ ΥΠΗΡΕΣΙΩΝ ΤΗΣ RECKIT
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
1. General Terms and Conditions
1. Access to the Service. Subject to your complete compliance with this EULAReckit provides you with access to the Service free of charge.
2. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice; Therefore you are invited to read from time to time a current, effective copy of this EULA by visiting the appropriate link on the Service.Any use of the Service after the effective date of revision will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then you must stop accessing, browsing and otherwise using the Service.
4. Eligibility. By accessing or using the Service, you declare and affirm that either you are at least 18 years of age or you have the permission to use the Service by your parent or legal guardian.
2. Description of the Service and Mobile Services
1. Description. Subject to Reckit's potential blocking of certain content owned or controlled by third parties, the Service enables you to record and upload audio works and rate others.
2. Mobile Services. The Service will be accessible via a mobile phone, tablet or other wireless. Your mobile carrier's normal messaging and data will apply to your use of the Mobile Services. You are solely responsible for checking with your mobile carrier to determine whether there are any restrictions and/ or costs applicable to your use of the Mobile Services. All use of the App and the related Mobile Services must be in accordance with this EULA.3.
3. Account Registration
1. Registration. While you may always browse the public areas of the Service without registering with us, in order to enjoy the full benefits of the Service, including serving as a user, you must download the App and register an account with us.
2. Account Accuracy and Security. You declare and warrant that the personal information provided by you is true and accurate. You are responsible for the security of your Account, and for all activities that occur through the use of your personal information. Υou agree to notify Reckit immediately at if you suspect or know of any unauthorized use of your log-in data or any other breach of security with respect to your Account. Reckit will not be liable for any loss or damage arising from unauthorized use of your personal data.
3. Messages. You may be able to send messages to other Users through the App, provided that they have given you their express content to receive such messages.You are solely responsible for the legality of the content of such messages and of all fees and charges associated with them.
4. License and Limitations
1. License. Subject to your complete and ongoing compliance with this EULA, Reckit hereby grants you a revocable, non-exclusive, non-transferable license to access and use the Service solely for your personal, non-commercial use.
2. User Tracks. You are prohibited to make unauthorized copies, reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any Reckit and/ or third party content, including, but not limited to, sound recordings, musical works, photographs, graphics, texts or other works obtained through the Service. You may not delete or alter any material Reckit or any other person or entity posts on the Service.
3. Trade Marks. Reckit trademarks, service marks and logos used and displayed on the Service are Reckit's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties You may not use any Trademarks, service marks, design marks, logos, or other content obtained through the Service without Reckit's and/ or third party’s prior express written consent.
5. User Content
1. Screening User Content. Reckit offers Users the ability to submit User Content to or transmit through the Service. Reckit does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, we have the right in our sole discretion to take remedial action in connection with any Inadmissible Content Posted on the Service as described more below. Reckit does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will Reckit be liable in any way for any User Content.
2. Intellectual Property Rights. Subject to any third party rights in any preexisting content included within your user content, including Reckit content, you retain ownership of any rights you may have in your user content and submitting your user content to the service does not transfer ownership of your rights.
3. Licenses to User Content. You hereby grant Reckit an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing and promoting Reckit and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this EULA. You further grant Reckit a royalty-free license to use your user name, image, voice and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Reckit any User Content that you consider to be confidential or proprietary. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings) and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting Reckit the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, record labels, music publishers, collecting management organizations, independent management societies and or any participants involved in the creation of User Content.
4. No Rights to Compensation. In consideration of enjoying free or subscription-based access to the Service, you acknowledge and agree that you have no right to receive any income or other consideration from any musical works, sound recordings or audiovisual clips made available on or through the Service, including in any User Recording created by you.
5. Copyright Representations. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You hereby release Reckit from any claim or cause of action of any third party in relation to the User Content and you agree to pay all monies owing to any person as a result of posting your User Content on the Service. By posting your User Content you also consent to certain actions or omissions, which would otherwise constitute violation of your moral rights on the musical works or sound recordings provided by you.
6. You declare and warrant that you have not assigned nor transferred the rights on the musical works/ recordings in any third party (such as record label, music publisher, collecting society) and that you have the absolute power to further license such rights and exercise the rights referred in the present EULA. You also declare and warrant that you do not infringe any third parties’ rights.
7. Inadmissible Content. You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide). The Posting of any Inadmissible Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Inadmissible Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to encourage any User to harm himself or herself or any other person. If you encounter any Inadmissible Content on the Service, then please immediately email Reckit at or inform us through the functionality offered on the Service, Reckit in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Inadmissible Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing all of the User's User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.
8. Αt any time following submission thereof and assume the risks related thereto.
9. No Liability. For the avoidance of doubt, Reckit will not be liable for any unauthorized use of User Content by any User.
6. Further Restrictions on Use of the Service
In addition to any other restrictions set forth in this EULA, when using the Service, you agree not to (and not to attempt to):
1. Use any device or software to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
2. Attempt to decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
3. Frame or link to any of the materials or information available on the Service;
4. Alter, modify, deface, destroy or otherwise interfere with any approved software through which the Service is made available, disrupt the Service, networks or servers connected to the Service or violate the regulations or procedures of those networks or servers;
5. Solicit, or attempt to solicit, personal information from other Users of the Service;
6. Restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate Users of the Service;
7. Gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
8. Post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or interfere with the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
9. Violate any applicable local laws or regulations or the terms of this EULA.
7. Court jurisdiction
This EULA, and any dispute or claim arising out of or in connection with the operation and use of the Service shall be governed by and construed in accordance with Greek law. You irrevocably agree that the courts of Athens shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA and the use and operation of the Service.
8. Limitation of Liability and Disclaimer of Warranties
1. Reckit does not warrant that the service will operate error free, or that the service and any content thereon are free of computer viruses or similar contamination or destructive features and/ or third party rights.
2. The service and all content thereon are provided on an "as is" and "as available" basis without any warranties of any kind. Reckit shall not be responsible for any claims, losses, liability and damages of any kind (including attorneys’ fees and expenses), incurred, sustained or arising in connection with the use of the Service. You also understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or inadmissible according to this EULA, and you hereby release Reckit, its owners, legal representatives, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
3. In no event will any Reckit party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption.
4. Any attempt to deliberately damage the legitimate operation of the Service as well Reckit’s IP rights is a violation of criminal and civil laws and Reckit reserves its right to seek damages or other remedies from any such person responsible for any such attempt.
You agree to defend, indemnify and hold harmless the Reckit Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this EULA; (b) your access to, use or misuse of Reckit Content or the Service; or (c) your User Content.
10. Term and Termination of the EULA
1. Term. As between you and Reckit, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or Reckit.
2. Termination. You may terminate this EULA by sending written notification to Reckit at , deleting the App from your mobile device and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate this EULA. Reckit reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party copyright owner of musical works or sound recordings. Reckit may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your account credentials. Reckit reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
11. Notice regarding Apple
You acknowledge that this EULA is made between you and Reckit only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.