These terms and conditions (“Terms”, “Agreement”) are an agreement between Nimikry Music OG (“Nimikry Music OG”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Audition Assistant mobile application and any of its products or services (collectively, “Mobile Application”, “Stand-Alone APP for Computer” or “Services”, in short “Mobile Application”).
This Mobile Application is operated by Nimikry Music OG. The terms “we”, “us” and “our” refer to Nimikry Music OG. Nimikry Music OG offers this App, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using our App and by using the In-App purchase system, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the App, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Mobile Application. By accessing or using any part of the Mobile Application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use any of the services offered by Nimikry Music OG. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Mobile Application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
IN-APP Purchases The Mobile Application may include in-app purchases that allow you to buy music files, recordings, meta-data, or unlock features and disable advertising directly from the Mobile Application. If it does, it will not be necessary to make any In-App Purchases in order to use the Mobile Application. Whilst you cannot switch off In-App Purchases from being offered to you within the Mobie Application and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to open the Mobile Application. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Mobile Application. If you are under 18 then you have your parents´ or guardians´ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase. More information about how you may be able to switch off and/or manage In-App Purchases using your decive may be set out in the App Store Provider´s terms and conditions/EULA, in your device´s help settings or online. If you are a parent of guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Puchases. I-.App Purchases can only be consumed within the Mobile Application. if you make an In-App Puchase, that In-App Purchase cannot be cancelled after you have initated its download. in-App Purchases cannot be redeemed for cash or other consideration or otherwise tranferred. If you make any In-App Purchases in the Mobile Application, then the App Store Provider´s terms and conditions/EULA applicatioble to In-App Purchases will also apply. If any In-App Purchase is not successfully donwloaded of does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault, by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant incovenience to you, we will authorise the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Privider directly. You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you donwloaded the Mobile Application and are governed be the App Store Provider´s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly. Accuracy of information Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated. Backups We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available. Updates You are responsible for updating regularly the Mobile Application. We cannot guarantee that older, not updated versions of the Mobile Application will function properly and store properly your data and In-App Purchases. Advertisements During use of the Mobile Application, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Links to other mobile applications Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links in the Mobile Application may be “affiliate links”. This means if you click on the link and purchase an item, Nimikry Music OG will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk. Intellectual property rights This Agreement does not transfer to you any intellectual property or copyright owned by Nimikry Music OG or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Nimikry Music OG. All trademarks, service marks, graphics, fonts and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Nimikry Music OG or Nimikry Music OG licensors. Other trademarks, service marks, graphics, fonts and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Nimikry Music OG or third-party trademarks. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Nimikry Music OG or third-party copyright. Any improper use of the Mobile Application´s content will be subjected to the law regulating copyright infringment. Disclaimer of warranty You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Limitation of liability To the fullest extent permitted by applicable law, in no event will Nimikry Music OG, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Nimikry Music OG has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Nimikry Music OG and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Nimikry Music OG for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Changes and amendments We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will post a notification in our Mobile Application. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services. Contacting us If you have any questions about this Agreement, please contact us.
Nimikry Music OG
Hohlweggasse 37/32, 1030 Vienna, Austria
This document was last updated on July 23, 2019