KNOBMEGA

TERMS AND CONDITIONS

GENERAL

Effective Nov 4, 2018

LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS

These terms and conditions (“Terms”) set out important information regarding the rights, obligations and restrictions that may apply to you as a “User” when you access our “Website” at https://www.knobmega.spotiknob.com and/or access, use or download the Knobmega “Application” available on “Devices” such as cell phones, tablets, and personal computers, and any “Services” offered in conjunction with the Application or Website. The Services may include content and media identification and exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services (for example, e-commerce providers, social networking sites, sites accessible via QR codes, information and access feature providers). The Services, where not specifically provided otherwise, are supplied by Knobmega (“we,” us,” and “our” as appropriate). We are a limited company incorporated in Sydney, Australia.

These Terms may be accessed via the Application directly from your Device or on our Website at https://www.knobmega.spotiknob.com/terms Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (AU) version.

By using our Services, you (1) represent you are over the age of 13; and (2) agree to be bound by these Terms and any applicable laws regarding your use of Knobmega. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE TERMS ARE UNACCEPTABLE TO YOU.

Please note:

1. Each time you attempt to interact with Knobmega, such as when you preview a music track for example, you will send data for which your network operator will charge at your usual data rates.

2. Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.

USAGE POLICY

You agree to use the Services for non-commercial use and, above all, fairly. The Services are not to be used for commercial or performance monitoring purposes. Knobmega reserves the right to limit your identification attempts in any month, or cease to provide our Service to you without further notice.

We may change, suspend or discontinue any aspect of Knobmega at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability.

Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.

Knobmega is integrated with the Spotify Web API for the purposes of searching Spotify music and managing your playlists. You need to grant Knobmega app access to your Spotify account when you first log in, or from time to time as needs be. Knobmega is not an affiliate or partner of Spotify.

We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information (“Notice”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at:

Attn: Copyright Agent
Knobmega
—-
—-
phone: —
email: —

Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed; (b) you have noticed any defamatory content published via Knobmega; or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.

AVAILABILITY OF SERVICES

We will do our best to offer you a smooth service, but we give no guarantees that Knobmega will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at support@www.knobmega.spotiknob.com or by using our in-app support options, and we will attempt to correct the fault as soon as we reasonably can.

We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.

You acknowledge that Knobmega’s Website and Applications (and any other Third Party Applications and/or Sites) licensed by us to you are our property (or that of the relevant third party). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Knobmega or any Third Party Application and/or Site for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/or Site. You will not copy any part of Knobmega or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Knobmega or such Third Party Application and/or Site to any person.

You agree to not use Knobmega to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt Knobmega or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of Knobmega; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.

You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Knobmega and/or any Third Party Applications and/or Sites.

You agree to not use Knobmega or export any portion of it in violation of U.S. export regulations.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. list of prohibited or restricted parties.

YOUR USE OF KNOBMEGA IS AT YOUR SOLE RISK. KNOBMEGA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) KNOBMEGA WILL MEET YOUR REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF KNOBMEGA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KNOBMEGA WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) ANY PORTION OF KNOBMEGA OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APPLICATION, WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Knobmega (and any other applications) which we license to you, any content delivered to you or Knobmega, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.

You hereby indemnify and hold harmless, and upon our request, defend, (1) us, our affiliates and their respective directors, officers and employees; and (2) providers of Third Party Applications and/or Sites, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us, our affiliates, and providers of Third Party Applications and/or Sites, as applicable, on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your reasonable direction.

Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.

We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Knobmega Services. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.

We may at any time terminate your account or prevent you from gaining access to Knobmega. We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Knobmega in any way.

“Knobmega” is a registered trademark of Knobmega. All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of Knobmega or their respective owners.

If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@www.knobmega.spotiknob.com or via the Help pages at https://www.knobmega.spotiknob.com.

We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.

Unsolicited Ideas and Feedback

We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.

Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you; (ii) you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (iii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iv) there is no obligation for us to review any material that you submit to us; and (v) there is no obligation to keep any such material confidential.

Resolving Disputes

These Terms and the relationship between you and us shall be governed by the laws of Australia and NSW without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting legal@shazam.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within fifteen (15) business days of submission, you or Knobmega may bring a formal proceeding.

You and we agree to submit to the personal and exclusive jurisdiction of the courts of Australia and NSW.