Terms and Conditions
1. Intellectual Property Rights
1.1. Ownership: The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Qodesh Music and its licensors. This includes all music, audio files, lyrics, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software.
1.2. Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Qodesh Music or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Qodesh Music and protected by international copyright laws.
1.3. Trademarks: “Qodesh Music” and other Qodesh Music graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Qodesh Music in the U.S. and/or other countries. Qodesh Music’s trademarks and trade dress may not be used in connection with any product or service that is not Qodesh Music’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Qodesh Music. All other trademarks not owned by Qodesh Music that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Qodesh Music.
1.4. Limited License: Subject to your compliance with these Terms, Qodesh Music grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Qodesh Music or its licensors, suppliers, publishers, rightsholders, or other content providers.
2. Music Streaming and Purchase
2.1. Streaming: Qodesh Music provides a platform for streaming music. Access to streaming may be free or require a subscription or purchase as indicated on the Service. Streaming is for personal, non-commercial listening only. Any unauthorized reproduction, redistribution, or transmission of streamed content is strictly prohibited.
2.2. Digital Purchases: When you purchase digital music files from Qodesh Music, you are purchasing a limited, non-exclusive, non-transferable license to download and store the digital file for your personal, non-commercial use. You do not acquire any ownership rights to the underlying musical work or sound recording. You may not reproduce, distribute, publicly perform, or publicly display the digital music file, except as permitted by applicable copyright law (e.g., making a single backup copy for personal use).
2.3. No Resale: Purchased music, whether streamed or downloaded, may not be resold, transferred, or used for any commercial purpose without the express written permission of Qodesh Music and/or the relevant rights holders.
2.4. Availability: Qodesh Music reserves the right to change, suspend, or discontinue any aspect of the Service at any time, including the availability of any particular music tracks or features, without notice or liability.
3. User Accounts
3.1. Account Creation: To access certain features of the Service (e.g., purchasing music, creating playlists), you may be required to create an account. You must provide accurate and complete information when creating your account.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify Qodesh Music immediately of any unauthorized use of your account or any other breach of security. Qodesh Music will not be liable for any loss or damage arising from your failure to comply with this section.
3.3. Account Termination: Qodesh Music reserves the right to suspend or terminate your account at its sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
4. Prohibited Uses
You agree not to use the Service: a) In any way that violates any applicable national, state, local, or international law or regulation. b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. d) To impersonate or attempt to impersonate Qodesh Music, a Qodesh Music employee, another user, or any other person or entity. e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Qodesh Music or users of the Service or expose them to liability.
Additionally, you agree not to: a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service. b) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. c) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent. d) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. e) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. f) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack. g) Otherwise attempt to interfere with the proper working of the Service.
5. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
QODESH MUSIC DOES NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
6. Limitation of Liability
IN NO EVENT SHALL QODESH MUSIC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. Indemnification
You agree to defend, indemnify, and hold harmless Qodesh Music and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms.
8. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Orlando, Florida.
9. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
10. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
11. Contact Us
If you have any questions about these Terms, please contact us:
- Email: PlanetElohim@icloud.com
- Phone: 407-449-4158
- Address: Orlando, Florida
