By using the Good Music
App, (the App), the gooddigits.com website (the Site), and
any other service (collectively known as the Services) provided under the
Good Digits trading name, you are agreeing to be bound by the following terms
and conditions:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING ANY OF THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND
CONDITIONS, YOU ARE REQUIRED TO STOP USING THE SERVICES AND TO UNINSTALL THE APP
WITH IMMEDIATE EFFECT.
Definitions:
The specific terms in this section are used throughout this
document according to the definitions below:
1. “you” or “user” means the person, persons or
entity that uses the Services.
2. “we” or “us” or ‘our’ refers to the authors and owners of the Services and their agents.
3. “Services” or “Service” or the fully capitalized
versions of these terms, refer to the Good Music App, the gooddigits.com website, and any other service provided under the Good Digits trading name.
4. “Terms and Conditions” refer to these entire Terms
and Conditions.
Ability to accept Terms and Conditions
You affirm that you are more than 16 years of age, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms and
Conditions, and to abide by and comply with these Terms and Conditions. You
further 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 that you are not listed on
any U.S. Government list of prohibited or restricted parties.
General
The Services are licensed, and not sold, to you for use only
under these Terms and Conditions. We retain ownership of these Services and
reserve all rights not expressly granted to you.
Subject to the Terms and Conditions, you are granted a
limited non-exclusive license to use the Services. You may not distribute the
Services or make available over a network such that the Services may be used by
others.
You agree to use the Services in compliance with all
applicable laws, including local laws of the country or region in which you
reside or in which you download or use the Services.
We, at our discretion, may make available future updates to
the Services. The updates, if any, may not necessarily include all existing
features. Any such updates will also be governed by these Terms and Conditions,
unless such updates are governed by other terms and conditions, in which case,
the latter terms and conditions shall apply.
This License does not grant you any rights to use the
intellectual property in the design, development, manufacture, licensing or
distribution of these Services. Furthermore, you may not, and you agree not to
or enable others to, copy, decompile, reverse engineer, disassemble, attempt to
derive the source code of, decrypt, modify, or create derivative works of the
Services or any part thereof (except as and only to the extent any foregoing restriction
is prohibited by applicable law or by licensing terms governing use of
open-source components that may be included with the Services).
Subscription Services
We retain the right to offer all or parts of the Service on a paid
subscription basis. Such subscriptions are valid for a specified period visible
at the time of enrolment. Payment for such Services or parts of Services are
made in full at the beginning of the subscription period, and are for the sole
purpose of granting access or continuing access to the Service or parts of the Service
available through subscription. At the end of the subscription period, and
without prejudice to the Termination of Service clause below, access to such
services or parts of services will be revoked. Subscriptions may be renewed for
successive intervals or parts thereof. Paid subscriptions are non-refundable,
except at our sole discretion.
Privacy Notice
Your privacy is important to us. We abide by the developer data use policy as defined in https://developer.oculus.com/policy/data-use/
Our use of personally identifiable information is limited to profile information from the device where you installed the App (the Device) and information that you key-in on the Device. This information is used to provide you with the Service. We do not sell or use this information for any other purpose outside of providing you with the Service.
The App provided as part of the Service may collect and store
personally identifiable information, including email addresses that you key-in on the Device where it is installed, and
may exchange personally identifiable information such as your user name on the Device, with other devices where the App is installed, as part of providing you with the Service. The App allows you to optionally send emails to email addresses that you define. The contents of such emails may also contain personally identifiable information, such as, but not limited to, your user name on the device. We do not use or access these email addresses outside the use of the Service.
We may optionally collect activity logs generated by the App in order to help troubleshoot issues. Any
such information does not knowingly contain personally identifiable
information.
We may collect anonymised information and crash
reports for the purpose of improving the Service, including providing you with
aggregate information related to the Service.
You can request the deletion of personal information held about you by sending an email to info@gooddigits.com
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED
OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME
DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION
PROVIDED BY THE SERVICES COULD LEAD TO DEATH, INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE.
YOU AGREE TO MAKE ALTERNATIVE ARRANGEMENTS AND CONFIRMATIONS
TO SAFEGUARD AGAINST THE FAILURE OF THE SERVICES CAUSING YOU ANY LOSS, WHETHER
PHYSICAL, EMOTIONAL, OR MONETARY.
WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR
PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF
THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL
CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE
CORRECTED, OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY
HARDWARE, SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
INSTALLATION OF THE APPS MAY AFFECT THE AVAILABILITY AND
USABILITY OF THIRD PARTY HARDWARE, SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN
AUTHORIZED REPRESENTATIVE OF US SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT
APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT
SHALL WE, OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS OR PRINCIPALS BE LIABLE
FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR ANY THIRD PARTY
HARDWARE OR SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SERVICES, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
MAY NOT APPLY TO YOU. In no event shall our total liability to you for all
damages (other than as may be required by applicable law in cases involving
personal injury) exceed the amount paid by you for using the Services. The
foregoing limitations will apply even if the above stated remedy fails of its
essential purpose.
Third Party Acknowledgment
Portions of the Services may utilize or include third party
software and other copyrighted material. Acknowledgements, licensing terms and
disclaimers for such material are contained in the electronic documentation for
the Services found on the Site, and your use of such material is governed by
their respective terms.
External Sites
The Services may contain links to sites on the internet,
which are owned and operated by third parties (the “External Sites”). You
acknowledge that we are not responsible for the availability of, or the content
located on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the material located on such External Sites.
Termination of Service
We reserve the right, at our sole discretion, to restrict,
suspend or terminate access to all or any part of the Service at any time, for
any reason without prior notice or liability. We may change, suspend or
discontinue all or any aspect of the web site at any time, including the
availability of any feature, database, or content, without prior notice or
liability.
Governing law / jurisdiction
These Terms and Conditions, their interpretation and
execution, as well as all other legal relations arising as a result of these Terms
and Conditions, should be regulated and interpreted according to the laws of
Malta.
Any complaint or dispute, direct or indirect, arising from
these terms and conditions shall be pursued in a Court of Law competent in
Malta. In spite of the latter, we reserve, at our discretion, the right to
bring legal suit against any user in front of any competent court of law
whether or not it be in the user's jurisdiction.
If for any reason a court of competent jurisdiction finds
any provision, or portion thereof, to be unenforceable, the remainder of these
Terms and Conditions shall continue in full force and effect.
Complete Agreement
These Terms and Conditions constitutes the entire agreement
between you and us as relating to the Services and supersedes all prior or
contemporaneous understandings regarding such subject matter.
Changes and Updates to this Agreement
These Terms and Conditions may be revised periodically and
this will be reflected by the "effective date" below. You are
required to revisit this page to stay aware of any changes. Your continued use
of the Service constitutes your agreement to these Terms and Conditions and any
amendments.
Date Last
Modified:
These Terms and Conditions where last modified on May,1 2022