2. Registration and User Account
2.1. Using Solayo requires registration and opening a user account by you and our acceptance of your registration. We reserve the right to refuse any registration without giving reasons.
2.2. Registration requires that the user is of legal age or acts with the approval of his/her guardian or other legal representative. Upon registration, you must provide true, current and complete information.
2.3. You must keep your login information, including your password, confidential and may not allow anyone else to use your account. You will be fully liable for any use and abuse of your account that you permit by providing access to it to any someone else.
3. Description of the Service, User Content and Hyperlinks, Information, Advertisement
3.1. The Solayo service combines
(i) a software tool for storing, organizing and sharing hyperlink information, entered by you or other users, on where music/video content is made available on the web by third parties for streaming, and
(ii) a software application running in your browser on your computer that plays such music/video content, which is made available on the web by third parties for streaming from the location identified by the hyperlink information uploaded by you or others users.
(iii) certain additional features, which may include social media functionalities (such as posting messages to other user, posting “likes” for other users’ information), or a personal digital locker, i.e. a user’s private memory space, accessible only by such user for his strictly personal and private use and to which the user may store music in which he owns the required rights or in relation to which he is otherwise lawfully entitled to make use of the personal digital locker feature, e.g. under applicable private copying legislation.
We are neither a content provider, who offers music/video content for download or streaming, nor do we permit or support uploading music/video for making it available to other users. Users may only use the Solayo service for purposes and in ways that are lawful and to which they are entitled.
3.2 In providing the Solayo service, we host and transmit information that you enter and upload at your request. We do not claim ownership or rights in such information. We do not control or supervise your activity generally, but we reserve the right to do so in specific circumstances to fight abuse of the service or when we are required to so under an order of a competent court or administrative body.
3.3 We may change, suspend or discontinue the service for any reason at any time. We may also impose limits on certain features and certain services or restrict your access to parts or all of the service. Both is without prejudice, however, to binding obligations that we may have under additional commercial arrangements with you, e.g. in the context of a paid premium service.
3.5 Certain information on updates, notices, user interaction, service changes etc. in the form of messages and/or newsletters is part of the Solayo service and you agree to receive it via email or as part of the service on a mobile device.
3.6 You further agree, that the service may include advertisement and that your content may be displayed next to advertisement.
4. Term and Termination, Automatic Renewal
4.3. Notwithstanding the foregoing, either party may terminate the contractual relationship at any time for good cause. We will be entitled to termination for good cause, if you breached one or more of your obligations under sections 2.2, 2.3, 5.1, 5.2, 6.1 and/or 6.2.
5. Use of the Service, Prohibited Activities, Blocking of Content and Accounts
5.2. By way of example and without limitation you agree not to use the service for and/or performing or engaging in the following prohibited activities:
insult, harass, threaten, molest or intimidate other users;
impersonate other users or otherwise fake your identity;
post or transmit any communication or solicitation designed or intended to obtain the password, account or private information from any other user;
create or send unwanted messages (“Spam”) or any other kind of advertising to any other users;
upload, store, share or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any laws or rights of anyone else, or content that contains homophobia, ethnic slurs or religious intolerance, including giving playlists or songs titles that meet these criteria;
circumvent any technology that protects content against unauthorized access and use;
use the Solayo service for any illegal or unauthorized purpose; you agree to comply with all local laws applicable to your conduct and the content and information, including hyperlinks, that you upload, store, share or transmit using the service;
sell, rent or lease or otherwise transfer your account and/or access to the service, whether against or without remuneration;
use the Solayo service for advertising goods or services or for any commercial or other not strictly private, personal and non-commercial purpose;
use any robot, spider, scraper or other automated means to access, analyze or copy the service and/or information (whether our information or other user’s information) on the service for any purpose without our express written permission;
reverse-engineer, decompile, disassemble, modify or create derivative works based on the Solayo service or any software, code or other part thereof;
manipulate, the functionalities of the service, by using a script, robot or other automated process or otherwise; and/or
6. Warranty and Indemnity
6.1 You represent and warrant, that any content or information that you upload, publish or share on the service, including hyperlinks and the information that hyperlinks uploaded by you point to on the web, are lawful and do not infringe upon other’s rights. You further represent and warrant that you only use Solayo for lawful purposes.
8.2. If any provision of the agreement between you and us reveals to be or becomes void and/or enforceable, the other provisions shall remain enforce. The void or unenforceable provision shall be replaced by a provision, that comes as close as legally valid and enforceable to the original provision. The same shall apply in the event of a loophole.
8.3 This agreement shall be governed by the laws of the United Kingdom (without the rules for conflicts of laws).