Terms of Service for Pearl Music
1. Acceptance of Terms
By creating an account or using the Pearl Music mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
Pearl Music, Inc. ("we," "our," or "us") reserves the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and posting the revised Terms in the App. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.
2. Eligibility
You must be at least 13 years old to use Pearl Music. By using the App, you represent and warrant that you meet this age requirement.
3. Account Registration
To use Pearl Music, you must create an account using a valid email address or through third-party authentication (Google or Apple). You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account.
4. User Content and Conduct
4.1 Your Content
You retain ownership of any content you post or share through Pearl Music, including profile information, music recommendations, and notes. By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content within the App.
4.2 Prohibited Conduct and Zero Tolerance Policy
Pearl Music has zero tolerance for objectionable content or abusive users. Violation of these terms will result in immediate action, including content removal and account termination. You agree not to:
- Post content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Impersonate any person or entity or falsely represent your affiliation with any person or entity.
- Use the App for any commercial purpose without our prior written consent.
- Interfere with or disrupt the App or servers or networks connected to the App.
- Attempt to gain unauthorized access to any portion of the App or any other systems or networks.
- Use automated systems (bots, scrapers, etc.) to access the App.
- Violate any applicable laws or regulations.
4.3 Content Moderation
We reserve the right, but are not obligated, to monitor, review, or remove any user content that violates these Terms or is otherwise objectionable. We may suspend or terminate accounts that violate these Terms.
Users can report objectionable content and block abusive users through features provided in the App. We are committed to reviewing all reports and taking appropriate action within 24 hours.
5. Intellectual Property
5.1 Our Property
The App, including all content, features, and functionality, is owned by Pearl Music, Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without our express written permission.
5.2 Music Catalog
Pearl Music uses the Apple Music API to display music catalog information, including album artwork, song titles, and artist information. All music-related intellectual property belongs to the respective rights holders. Pearl Music does not claim ownership of any music content displayed in the App.
6. Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
7. Third-Party Services
The App integrates with third-party services including authentication providers (Google, Apple) and music catalog services (Apple Music API). Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.
8. Disclaimers
The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
- The App will be uninterrupted, secure, or error-free.
- Defects will be corrected.
- The App is free of viruses or other harmful components.
- Results obtained from the App will be accurate or reliable.
9. Limitation of Liability
To the maximum extent permitted by law, Pearl Music, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the App.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the App.
- Any bugs, viruses, or other harmful code transmitted through the App.
- Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted or shared through the App.
10. Indemnification
You agree to indemnify, defend, and hold harmless Pearl Music, Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of the App.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property rights.
- Any content you post or share through the App.
11. Termination
We reserve the right to suspend or terminate your account and access to the App at any time, with or without cause, and with or without notice. Upon termination:
- Your right to use the App will immediately cease.
- We may delete your account and any content associated with it.
You may terminate your account at any time by contacting us or deleting your account through the App. When you delete your account, we will permanently delete all of your personal data and content.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in San Francisco, California, except that either party may seek injunctive relief in court for intellectual property disputes.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pearl Music, Inc. regarding the use of the App and supersede any prior agreements.
15. Contact Information
If you have any questions about these Terms of Service, please contact us:
Pearl Music, Inc.
Email: contact@pearlmusic.io