Terms

Terms of Use


ENGLISH

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING LesMusic. BY ACCESSING OR USING THIS WEBSITE AND/OR MOBILE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DISCONTINUE USING THIS WEBSITE AND/OR IMMEDIATELY UNINSTALL THIS APPLICATION.

These terms and conditions of use ("Terms, terms and conditions") serve as the terms and conditions of use of LesMusic (lesmusic.co) website and/or mobile application ("LesMusic, Us, Our, We") as well as any customer profile created by you arising out of your use of the Website and/or mobile application.

The user agrees to use LesMusic ("Website or Mobile application"), its services, content and terms and conditions in accordance with the law and public order. It is compulsory to use LesMusic in a proper and lawful way.


SERVICE DESCRIPTION

LesMusic is an online media streaming platform which hosts music and music related videos from all over the world; and whereby users are able upload and share their own audios and videos (all of which are referred to in these terms as "content") and interact with other users.


ELIGIBILITY

LesMusic is open to individuals of ages above thirteen(13). It is accessible to people from all over the world. You may not use this Website and/or mobile application in violation of Lesotho Export and Import Laws and Regulations. If you access this Website and/or mobile application from locations outside of Lesotho, you are responsible for compliance with all local laws.
LesMusic may, in its sole discretion refuse to offer its services to any person and change its eligibility criteria at any time.


USE OF LESMUSIC SERVICE

The user owns all content and information that the user publishes on LesMusic. The user ensures they are not infringing any copyright and/or intellectual property rights of a 3rd party by uploading such content or information. The user is personally responsible for all information uploaded to their personal profile and the legitimacy of it.

The User agrees not to:

  1. Use a false name or identity or a name or identity that a user is not authorized to use;
  2. Use or publish content that includes sexually explicit photographs or other content, which is offensive or harmful to any minor or adult;
  3. Use or publish content that violates any law or government regulation;
  4. Use or publish content that is not original
  5. Use or publish content that may infringe the intellectual property rights of third parties without the User obtaining the owner’s consent to carry out their use;
  6. Use or publish content that distributes software or other content in violation of any license agreement;
  7. Use or publish content that contains viruses that may damage the normal operation of the website, network, system, or computer equipment of LesMusic, third parties, or other Users.
  8. Access content using programs, facilities or procedures other than the ones at their disposal for this purpose:
  9. Collect, harvest or otherwise obtain "Personal Information" relating to other users;
  10. Create, store and/or send unsolicited commercial communications;
  11. Conduct any fraudulent activity including any "pyramid scheme" or "ponzi scheme";
  12. Violate any operating rule, regulation, procedure, policy or guideline of LesMusic as published on the website and/or mobile application;
  13. Copy, reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  14. Decompile, disassemble or reverse engineer any portion of the Website and/or mobile application;
  15. Collect service listings, descriptions or other information displayed on the Website and/or mobile application;
  16. Write and/or develop any derivative of the Website or any other software program based on the Website and/or mobile application;
  17. Adapt, modify or enhance the Website and/or mobile application. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the Website and/or mobile application in breach of this clause, such adaptation(s), modification(s) and enhancement(s) shall vest exclusively in LesMusic and such user hereby assigns all rights in and to, and waives any and all claims, interest, moral and other rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment LesMusic accepts;
  18. Without LesMusic’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website and/or mobile application to persons other than the user;
  19. Remove any identification, mark, trade mark, copyright or other notices from the Website and/or any personalized item, it being specifically recorded, acknowledged and agreed that trademarks proprietary to or licensed to LesMusic will automatically be incorporated in all user profiles;Establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively "linking"), to the Website and/or mobile application or any subsidiary pages;
  20. Use the Website and/or mobile application or any personalized item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programs or other harmful programs;
  21. Penetrate or attempt to penetrate the Website's and/or mobile application security measures.

LesMusic does not make any representations or give any warranties, whether express or implied, in respect of the applications and/or any information, data and/or content provided on this Website and/or mobile application including without limitation, any representations or warranties as to the accuracy, completeness, lawfulness, reliability, performance, satisfactory quality, fitness for a particular purpose of any information, data and/or content on the Website and/or mobile application, including without limitation LesMusic does not warrant that the Website and/or mobile application content, information or downloads will be free from errors or omissions or that they shall meet any particular criteria of performance or quality or be fit for any particular purpose.

Without prejudice to any rights of LesMusic, arising from any other provision of these Terms, the User hereby gives LesMusic, its proprietors, offices, directors and employees an indemnity against and shall hold them harmless from all claims, liability, damage, loss, penalty, expense and cost (including legal costs on an attorney and own client scale) of any nature whatsoever which LesMusic, its proprietors, offices, directors and employees may sustain as a result of or attributable to a breach by the User or any other failure by the User to strictly observe or adhere to any of the provisions detailed in clauses 1 to 21, above.

In the event of LesMusic, its proprietors, offices, directors and employees suffering or paying any loss, damage, liability, cost, charge, expense, payment or penalty to which any representation, undertaking, warranty or indemnity relates, the User will forthwith upon such amount being determined pay to LesMusic, its proprietors, offices, directors and employees (as the case may be) an amount equal to such loss, damage, liability, cost, charge, expense, payment or penalty.


REGISTRATION AND DATA COLLECTION

We may collect certain of your personal and other information on and or through using our website and/or mobile application on or through you signing up.

If you choose to sign-up directly on LesMusic, you will be required to provide LesMusic with the information displayed on the initial sign-up page including your personal information such as name, surname, e-mail address, contact information, etc. We collect this personal information in order to ensure we deliver the best possible service to you and that we can contact you for reasons including competition draws, third party and brand contact as well as to improve the use of our services for you the user.

LesMusic will not give personal data that you the User has provided, to any third party, except where you have agreed to the sharing of such information or in such instances that we are legally obliged to do so. SHOULD YOU CHOOSE TO PUBLISH INFORMATION ON OUR SITE AND/OR MOBILE APPLICATION AFTER YOU HAVE CREATED YOUR ACCOUNT YOU UNDERSTAND AND ACKNOWLEDGE THAT THIRD PARTIES MAY SHARE/RE-PUBLISH SUCH INFORMATION ON A VARIETY OF PLATFORMS SUCH AS TWITTER, FACEBOOK AND OTHER SIMILAR SOCIAL SHARING NETWORKS. Please see our disclaimer for liability in the paragraphs below relating to such posts/publications.

To exercise your rights of access, rectification, opposition or cancellation, please email LesMusic at contact@lesmusic.co. Please also see the paragraphs below. relating to deletion or closing of your account should you wish to do so.

It is possible that data provided to LesMusic is stored in search engines such as but not limited to Google. LesMusic is not held responsible and is excluded from all liability for any information exposed by any of the search engines.

In order for LesMusic to stay in touch with users and keep users informed, LesMusic partakes in social networks such as Facebook, Twitter and Instagram, therefore it is possible for an image to be viewed through these social networks using the links to LesMusic, shown in the pictures uploaded.


SHARING ON SOCIAL NETWORKS

Uploading/publishing content to LesMusic and sharing same on social networks, blogs, other websites and mobile applications, as well as in other media, is fundamental to the objective of LesMusic website and/or mobile application.

USERS MUST THEREFORE BE AWARE THAT WHEN POSTING YOUR CONTENT AND/OR INFORMATION ON OUR SITE THROUGH ANY METHOD, YOU ARE GIVING ACCESS TO THIRD PARTIES WHO MAY VIEW YOUR PROFILE AND INFORMATION, OR EVEN PUBLISH IT AND SHARE ITS CONTENT ON OTHER WEBSITES, BLOGS AND/OR SOCIAL NETWORKS. LesMusic is not responsible for the privacy practices or content of these third party websites or software.

Content published by Users can be removed at any time. All information and content provided by the User on LesMusic will be removed when the User removes him/herself from LesMusic Website and/or mobile application. The publication of photographs showing people other than the User, without permission from the people is highly prohibited.

As the user is held liable for the content and information they upload on LesMusic, the user guarantees that they are publishing in accordance with the these Terms and further that he/she owns the rights to the Intellectual Property ("IP") in and to the content and information, that is provided to LesMusic, including copyright (including photographs/videos), trademark, design, trade secrets and any other such IP. Through the publishing of such content or information to their account, the user gives LesMusic a non-exclusive license for free for as long as LesMusic so requires, to use, copy, display and distribute any IP content through the Website, the mobile application and other websites and mobile applications. This license allows LesMusic to enable users "published content" to be available to users of similar type platforms as LesMusic (nationally and internationally), so that they can gain informed balanced views of any aspect contained on the LesMusic website. The user remains the sole owner of this content which can be deleted easily, at any given time. The license expires when the IP content or the user's account is deleted.

DISCLAIMER OF OUR LIABILITY FOR THE USE OF LESMUSIC

LESMUSIC CANNOT CONTROL NOR BE HELD LIABLE FOR THE TRUTHFULNESS, ACCURACY, COMPLETENESS RELIABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS AND LEGALITY OF THE INFORMATION AND CONTENT YOU UPLOAD. WE FURTHER DO NOT ACCEPT RESPONSIBILITY AND MAY NOT BE HELD LIABLE FOR THE CONTENT OR INFORMATION PUBLISHED ON THE SITE BY A USER. If it comes to our attention that a user is abusing the site by posting content or information listed above including unlawful content or information that may be harmful, degrading, defamatory, pornographic or the like, or such content or information that may infringe on any of these Terms such as the posting/publishing/uploading of protected information under any legislation or content or information that infringes intellectual property rights of a third party, LesMusic will be entitled, in its discretion, to immediately withdraw the user's account and reserves the right to report such abuse to the relevant authorities.

Should you become aware of another user infringing any of these terms and conditions including the publishing of harmful or unlawful content or information and or infringing your rights of that of a third party please report this content or information immediately to us on contact@lesmusic.co or file a report on https://support.lesmusic.co/copyrights. We will remove offensive, defamatory or offensive comments or content once we are aware of the existence of such content. Should you become aware of a user posting/publishing/uploading such content or information please report this to contact@lesmusic.co.

LesMusic requires that users agree to these end user license agreement terms ("EULA") which make it clear that there is no tolerance for objectionable content. LesMusic has provided users with an option to flag/report any objectionable content that is inappropriate and offensive. LesMusic will act with regard to objectionable content reports and will act within 48 hours by removing the offending content. The determination of whether content is objectionable or offensive will be in the sole discretion of LesMusic.

LesMusic will eject from the further use of the website, any users who violate LesMusic's Terms.

LesMusic is further in no way responsible or liable for the content or views expressed by a User on the website or mobile application. We also do not guarantee that other users use the services and content in compliance with these Terms. We further do not guarantee the accuracy of the content or information that users provide about themselves on their profile. We cannot be held liable and we accordingly exclude any liability any loss and/or for damages of any kind that may result from the use of the services on this Website and/or use of content by users that may be due to lack of accuracy, validity or authenticity of the content or information that users provide to us, in particular but not limited to, for damages of any kind that may be due to the impersonation of a third party by a User in using the services provided through our website and/or mobile application or the re-posting/publishing/uploading of such content or information on a third party service by users as well as people not belonging to the website.

LesMusic reserves the right to withdraw from LesMusic website and/or mobile application, all the content that is inconsistent with these Terms and/or current legislation. In no event shall LesMusic be required to justify the removal of content from the website LesMusic and LesMusic shall not attract any liability whatsoever in doing so. LesMusic reserves the right to remove any content that may be regarded as a joke, mockery or parody of third parties. INTELLECTUAL PROPERTY, including all trademarks, trade names, logos and logotypes that appear on LesMusic are property of LesMusic or third parties. Content that is the Intellectual Property of LesMusic or third parties may not be understood as being granted to the User. The only intellectual property rights that are permitted to the User are those that are inherent in using the services of LesMusic. In any case commercial use is prohibited.

CLOSING AND DELETION OF YOUR ACCOUNT

SHOULD YOU WISH TO CLOSE YOUR ACCOUNT, YOU MAY DO SO AT ANY TIME BY CHOOSING THE DELETE PROFILE OPTION IN THE EDIT PROFILE SECTION. SHOULD YOU CHOOSE TO DO SO, YOU UNDERSTAND THAT ALL INFORMATION YOU HAVE ADDED, DURING REGISTRATION TO DATE OF DELETION, INCLUDING ALL PICTURES, COMMENTS, ARTICLES, MUSIC AND INFORMATION ASSOCIATED WITH YOUR ACCOUNT WILL ALSO BE DELETED. IT IS IMPORTANT TO NOTE THAT THIS INFORMATION WILL NOT BE RECOVERABLE AFTER CHOOSING TO DELETE YOUR ACCOUNT.

You shall no longer receive any further communications from LesMusic when you close your account. You will only receive communications from third parties to whom you have given permission to contact you. You will need to unsubscribe from sponsor communications programs directly with each third party.

We reserve the right to delete any account for any of the following reasons. The reasons below are examples only and are not intended to be an exhaustive list. There may be other reasons for us to delete an account:

  1. Users who provide false information;
  2. Users who spread false accusations and defamatory comments about LesMusic;
  3. Users who purposefully try to harm the LesMusic website and/or mobile application and act maliciously while logged in;
  4. Users who infringe or intentionally disobey or disregard any of the Terms.

WARRANTIES, DISCLAIMERS AND LIABILITY

LesMusic does not guarantee the availability and continued operation of its services. Whenever possible, LesMusic provides warnings prior to disturbances that might occur in the functions of the site and its services.

Users understand and agree that use of LesMusic and its services is at their own discretion and risk and the user will be solely responsible for any damages that arise from such use.

LesMusic its officers, affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any direct, indirect, special, secondary, consequential or corrective damages of any kind, or damages that may relate to use, misuse, reliance on, inability to use and interruption, suspension or termination of the site that may be owing to lack of accessibility or continued function of LesMusic and its services or to the failures in access to different web pages that constitute LesMusic.

LesMusic is not liable for and does not guarantee the absence of viruses or other features in the services provided by third parties through LesMusic that may cause modifications in the User’s computer system.

LesMusic does not guarantee the accuracy of the information that you or other users provide about themselves on their profile.

We are in no way responsible for the content you choose to post/publish/upload on your account and should this content infringe any rights of a third party (Including Intellectual Property, civil and or criminal) and/or cause a third party damages in anyway, we will on notification of such infringement immediately be entitled, in our discretion, to suspend and/or cancel your account. We shall in no way be held liable and thereby exclude our liability in total (as stated above) for any actions arising out of posts/publication/uploads or re-posts/publication/uploads by any person and/or user including but not limited to actions for damages, loss, consequential loss and/or any criminal and or civil sanctions arising directly and/or indirectly to these third parties, for any "re-posting/publishing/uploading" of such information by any other third parties or by yourself, of any information and you accept sole responsibility for any and all damages and/or harm arising out of posts/publications/uploads you make on the website, including but not limited to any criminal and or delictual actions arising out of any posts/publications/uploads and/or re-posts/publication/uploads. You hereby indemnify us and our officers, affiliates, shareholders, directors, agents, consultants or employees fully for any claims that may be made against LesMusic and its officers, affiliates, shareholders, directors, agents, consultants or employees arising out of the aforegoing.

This Website and/or mobile application is controlled, operated and administered from LesMusic's offices within the Kingdom of Lesotho and LesMusic therefore makes no representations that the content of the Website is appropriate or available for use in other locations or countries. You may not use this Website and/or mobile application in violation of Lesotho export laws and regulations. If you access this Website and/or mobile application from locations outside of Lesotho, you are responsible for compliance with all local laws.

PRIVACY POLICY

LesMusic is focused on protecting the personal data of its users. In the user registration process, a user must choose a password. Each user is responsible for maintaining the confidentiality of their password. The user agrees to notify LesMusic as soon as possible with the unauthorized use of his/her username and/or password or any other breach of security. LesMusic shall not be held liable for any damage or loss associated with non-fulfilment of this obligation on the user's part.

TRANS-BORDER TRANSMISSION

When you visit our website or use our services, you may submit personal information to us. Personal content or information collected or processed by us is stored on our servers, which are located in the multiple countries around the globe, including but not confined to, Amsterdam and Singapore. By submitting personal information on our website and/or mobile application or to your account, you explicitly consent to trans-border transmission of the content or information.

SECURITY

We have implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, alteration or destruction.

COOKIES

Cookies are small text files stored by a user’s browser on their computer when they visit a website. The cookies that can be used on the web are only associated with the browser of a specific computer and do not provide any personal information of the user. Cookies are used for internal purposes only. LesMusic uses cookies to improve the website and make it easier to use. Cookies allow LesMusic to recognize a user and to prevent repetitive requests for the same information. Most browsers will accept cookies until a user changes its browser settings to refuse them. A User may change its browser's settings to refuse LesMusic cookies.

DISCLOSURES REQUIRED BY LAW

LesMusic reserves the right to disclose a User’s personal information when it believes that an applicable law, regulation, or legal process requires it, or when LesMusic believes disclosure is necessary to protect LesMusic's rights or the rights of another user.

LesMusic owns LesMusic site and LesMusic mobile applications.

DISCLOSURES REQUIRED BY LAW

LesMusic may use your information and contact data, as voluntarily submitted by you on registration and/or through your use of the website, in order to send you own or third-party communication that may be of interest to you, the user. LesMusic will send you such direct communication about the services of other platforms:

  1. In the urban culture and music sectors;
  2. Only in the event that you have requested the sending of advertising by checking the appropriate boxes and replying to relevant mails; and
  3. Subscribing to our newsletter services on registration.
In order to provide offers, products or services of your interest, we will proceed to analyze the information provided by you in your profile to provide information only in accordance with your interests. The agreement to receive such communication implies your consent for the processing and analysis of the data you provided in your profile.

It is noted that you may modify the sending of LesMusic commercial communications by unsubscribing to this via the communication platform or through your online account whereby you may control sending, or cancel or apply, by emailing to contact@lesmusic.co.

INTELLECTUAL PROPERTY RIGHTS OF LESMUSIC

The LesMusic site, mobile applications, their properties including but not limited to their trademarks, logo, copyright which includes but is in no way limited to source code, design, software, algorithms, architectires and any patents are owned by LesMusic as their Intellectual property and LesMusic has full ownership rights to such property. The use of Intellectual Property of LesMusic or third parties may not be interpreted as anything other than right of use being granted to the User. The only intellectual property rights that are permitted to the User are inherent in using the services of LesMusic. Commercial use of intellectual property belonging to LesMusic is strictly prohibited.

COPYRIGHT INFRINGEMENT NOTIFICATION

To file a copyright infringement notification with us, please send us an email containing the following requirements or use this link(https://support.lesmusic.co/copyrights) to file a report:

  1. The URL of the alleged content;
  2. Identification of the copyrighted work claimed to have been infringed, including the name of the person/company/party holding the copyright, or the name of the person/company/party that has been authorized to represent the holder of the copyright;
  3. An e-mail address, under the agreement to allow LesMusic service provider to disclose to the person who posted the work, as an efficient mode of contact between the parties toward settlement;
  4. An affidavit that the use of the material is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notification is accurate, that the claim is not deceptive or false, that the person claiming the deletion of the alleged work is the holder of the copyright, or an authorized representative with the right to act on behalf of the exclusive right.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by email to contact@lesmusic.co. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose. Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing".

GENERAL CLAUSES

These Terms shall be governed in all respects by the laws of the Kingdom of Lesotho as such laws are applied to agreements entered into and to be performed within Lesotho. This Website is controlled, operated and administered by LesMusic from its offices within the Kingdom of Lesotho. LesMusic makes no representation that the content of the Website is appropriate or available for use outside of Lesotho. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law. LesMusic's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of LesMusic. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not. These Terms set forth the entire understanding and agreement between LesMusic and you with respect to the subject matter hereof

CONTACT INFORMATION

Should you have any complaints about any aspect of the Website and/or mobile application or if you have any questions or would otherwise like to provide any other feedback please contact LesMusic via email:
General Contact: contact@lesmusic.co
Support queries: support@lesmusic.co
Advertising queries: business@lesmusic.co
LAST UPDATED: MARCH 2020

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