Last updated: January 31, 2023
"Playlist" – means music material, being a unique creative compilation of songs or pieces of music compiled by the User on specific Music Streaming Services.
“Distributor” - means an entity authorized to distribute License Keys pursuant to the separate agreement, amended from time to time. The Distributor is an independent entity, carrying out business at his risk and for his account.
“Music Streaming Services” – means any internet platform, mobile app, music platform, or other third-party music streaming services other than the Platform.
“Mobile App” – means an application provided by FreeYourmMusic, whether installed on a portable device or used in any other way.
"License" – means a license You grant to FreeYourMusic to unleash the potential of Our Mobile App under the condition specified in section 10 (License).
“License Key” – means a virtual (data) key activating the Mobile App to fully explore FreeYourMusic features. The License Key is provided to you by FreeYourMusic or by the Distributor.
"Platform" – means FreeYourMusic internet platform available at: https://freeyourmusic.com/
"FreeYourMusic" or "We" or “Our” or “Us” – means Hernas OÜ Kentmanni 4 10116 Tallinn Estonia.
"User" or “You” or „Your” – means any user Mobile App User with activated License Key.
“Visitor” – means anybody visiting the Platform or using the Mobile App without License Key.
You are not allowed to:
In other words - if you are under 13 years old you cannot use the Platform / Mobile App. While using the Platform and Mobile App you have to obey the rules - don’t mislead, cheat, confuse or harass anyone.
Please check it regularly. If something does not feel right, you can stop using Our services or contact us anytime and in any case.
You agree and understand that FreeYourMusic may suspend or terminate the Promotions at any time for any reason, without any prior notification, justification, or compensation for any party.
Mobile App allows you to save your Playlist for example in CSV extension and transfer it between various Music Streaming Services. The User declares and confirms that he or she has read and accepted the regulations of such Music Streaming Services and he or she should not infringe the rights of any third parties. By transferring the Playlist You do not transfer actual songs but only specific arrangements of the song titles.
You need to know, that Playlist is also subject to the terms and conditions of Music Streaming Services where it was originally created, hence we strongly advise You to read the terms and conditions and privacy policies of Music Streaming Services you visit or use.
To get most of Our Mobile App you should obtain the License Key. You can do so by:
You can also receive the License Key from one of Our Distributors. Remember that you have the right to cancel your subscription at any time. If you wish to purchase a subscription you may be asked to supply certain information to complete the payment, among others, your credit card number, the credit card expiration date, billing address. You represent and warrant that: (i) you are the owner or have the legal right to use a credit card(s) or another payment method(s) you choose to complete the payment; and that (ii) the data you supply to Us are true, correct and complete. We may share this data with third parties to facilitate the payment process and to notify you about the subscription process.
The subscription payment process is carried out via online reseller Paddle.com. Paddle.com provides customer service inquiries and handles returns (“Paddle”). We share Your personal data with Paddle for the purpose of the subscription payment processing. Paddle is permitted to use Your personal data to the extent necessary.
Upon the termination of the Agreement following clauses shall remain in force: section 9 (License), section 10 (Indemnity), section 11 (Exclusion of warranties), section 12 (Limitation of Liability) and section 13 (Applicable Law and Jurisdiction, Dispute Resolution, Claim Action Waiver, Arbitrage and No Waiver Clause).
FreeYourMusic is not responsible for any losses, injuries or harms that may arise in subscription payment process for any reason at any time. FreeYourMusic is not responsible for any losses, injuries or harms caused by the distribution of the License Key by Distributors for any reason at any time.
If you have any questions, comments, or concerns regarding contact us by sending an email at [email protected].
Intellectual Property Rights.
Our Mobile App allows to transfer the Playlists worldwide, and we are aware that in some jurisdiction Playlist you create shall be a subject of copyrights law. For example, if Your Playlist is a unique and creative compilation of songs it probably shall be deemed as Your Intellectual Property Right, however, regulations may vary from jurisdiction to jurisdiction. When the Playlist is a subject of copyright law in relevant jurisdiction you agree and grant FreeYourMusic a license under Section 9 (License), if Your Playlist is not a subject of copyrights law you agree and grant Free Your Music license-like right accordingly.
You must not use third party rights, commit acts of plagiarism or impede on third parties’ rights in any manner. User may not transfer Playlist between music services that violate generally applicable laws, third parties’ right, or may be considered misleading, defamatory, insulting, socially harmful, or injurious to the public.
You grant FreeYourMusic a non-exclusive, unlimited in time and territory (perpetual and worldwide), royalty-free license to use, publicly display, publicly perform, index, distribute, translate, archive, copy, commercially use and modify copyrighted Playlist in so far as legally-permitted, in particular, to transfer the copyrighted Playlist between Music Streaming Services or for the purpose of other services provided by FreeYourMusic ("License").
As a licensee FreeYourMusic may distribute, promote, present, or sublicense to any other third party without any restrictions, at the sole discretion of FreeYourMusic, and within the full scope of the License. FreeYourMusic is entitled to use, modify, change, archive, develop, amend, transform, create derivative or related works to Copyrighted Playlist. In particular, FreeYourMusic is entitled to post or share the copyrighted Playlist and its derivatives or related works to Copyrighted Playlist in any format onto the Platform or other Music Streaming Services.
FreeYourMusic is entitled, but in any case obliged, to perform Your right to be identified as the author of the Playlist within any activity of FreeYourMusic including promotion and marketing purposes, or in any other type of use specified by FreeYourMusic.
As a Creator you grant FreeYourMusic a right to further sublicense the right to use, publicly display and perform, index, distribute, translate, commercially use, copy, archive, and modify the Playlist in so far as legally-permitted to any third party and within other Music Screaming Media or the Platform, or other embodiment now or hereafter known by virtue of oral, written or another form of an agreement concluded by and between FreeYourMusic and sublicensee.
The User remains the exclusive owner of the copyrighted Playlist and neither FreeYourMusic nor any sublicensee acquires ownership of the copyrighted Playlist in full or in part. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights.
FreeYourMusic does not guarantee that:
The Platform / Mobile App may be infected by viruses or may be the target of cyber-attacks. You should protect Your computer, browser, mobile device or other device or software used for the Platform browsing or enjoyment of the Mobile App.
Even though we try our best, we can face some technical issues. We cannot guarantee that the Platform will function all the time perfectly.
In connection to non-consumer Users, FreeYourMusic is liable only for damage caused by the intentional misconduct of FreeYourMusic. FreeYourMusic liability for damages arising directly from the intentional misconduct of FreeYourMusic is limited to 100% of the annual payment for Mobile App subscription
Under no circumstances will the FreeYourMusic be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits) resulting from loss of User personal data (including, but not limited to, the Playlists) as a result of cyber-attack, force majeure, criminal breach or malfunction of Our security systems.
Under no circumstances will the FreeYourMusic be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits) resulting from Playlist transfer that may constitute an infringement of any copyrights, personal rights, intellectual property rights or other rights of third parties as well as a violation of other applicable regulations.
FreeYourMusic is not responsible for any damage caused by the suspension or termination of the Agreement and Your License Key.
Applicable law and jurisdiction.
Claim Action Waiver.
If permitted by applicable laws FreeYourMusic Users agree that all claims pursued against the other party will be formed individually. To that end the User and FreeYourMusic hereby waive the right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid class/collective action in any court, an arbitration proceeding, or any other forum, against each other.
Arbitrage (Not Applicable for EU Consumers).
All around the world, domestic laws limit strict copyright approaches. Many jurisdictions allow the use of protected copyrights for private, educational, news or commenting purposes.
Fair use is a concept behind the copyright law that allows the use of copyright without the permission of the copyright owner under specific circumstances. In different countries, different circumstances apply to fair use.
However, fair use cannot conflict with the normal use of the work or prejudice the author’s legitimate interests. If you are a citizen of the European Union you should be aware that each Member State provides a different interpretation of fair use, however, all of them provide a copyright protection exception to citation, criticism, review, use for caricature, parody or pastiche. More information on copyright protection in the European Union is available on the EUIPO website (https://euipo.europa.eu/).
If you are a citizen of the United States fair use for criticism, research, education, commenting or news reporting might be considered as allowed. However, US Courts analyze potential fair uses according to the facts of each specific case.
In case of any doubt regarding fair use and permitted use of copyrights, it is strongly advised to seek legal advice. FreeYourMusic is not responsible for any action that may infringe on copyrights, including misunderstood fair use.
Assignment of Receivable.
No Waiver Clause.
For clarity, if we do not take any action immediately it does not mean that we are not entitled to do it later on.
In other words, we are not responsible for things beyond Our control.
Complaints regarding the Platform and/or Mobile App should be reported at [email protected].
The complaint shall contain at least: the date and time of the event, which is the subject of the complaint, e-mail address or correspondence address of the person lodging the complaint and a brief description of the objections raised. FreeYourMusic will make reasonable efforts to respond within 14 days upon receipt of the complaint.
The Platform and Mobile App uses YouTube API Services to facilitate transfer of playlists to and from YouTube. Please read YouTube Terms Of Services before authenticating your YouTube account.