Terms of Use Agreement for Music Downloads
1. Acceptance of Terms By downloading or using the music provided by Hugh Mungus ("we," "us," or "our"), you ("you" or "user") agree to comply with and be bound by these Terms of Use ("Agreement"). If you do not agree to these terms, do not download or use the music.
2. License Grant We grant you a non-exclusive, non-transferable, revocable license to:
- Listen to the music for personal enjoyment.
- Stream the music for non-profit purposes only, such as personal use or non-commercial online sharing within a closed, private network.
- Transfer the music between your own personal devices (e.g., from computer to mobile phone), provided these devices are under your control and for your personal use only.
3. Restrictions You are expressly prohibited from:
- Transferring or distributing the music to third parties (including but not limited to friends, family, or the public).
- Reselling or otherwise commercially exploiting the music in any manner, including but not limited to selling copies, leasing, or using in commercial settings like public performances or background music in business premises.
- Using the music for any profit-making activities unless explicitly permitted under this Agreement.
4. Profit Sharing from Unauthorized Commercial Use Should you engage in any commercial use or profit-making activities with the music without permission:
- You agree to share 50% of any profits derived from such activities with the artist, with no cap on the amount shared.
- We reserve the right to audit your use of the music to ensure compliance with this Agreement.
5. Ownership All rights, title, and interest in and to the music, including all intellectual property rights, remain with the respective artists and/or our licensors. Your rights to use the music are limited to those expressly granted in this Agreement.
6. Termination We may terminate this Agreement at any time if you fail to comply with any term hereof. Upon termination, you must cease all use of the music and destroy all copies in your possession.
7. Warranty Disclaimer The music is provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement.
8. Limitation of Liability To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the music; (ii) any conduct or content of any third party on or related to the service; (iii) unauthorized access, use or alteration of your transmissions or content.
9. Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the United States, without regard to its conflict of law provisions.
10. Changes to Terms We reserve the right to modify these terms at any time. Your continued use of the music after any such changes constitutes your acceptance of the new terms.
11. Contact Information For any questions regarding this Agreement or to report any violations, please direct message us on X.
By downloading the music, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.