Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Agreement” means these Terms of Service;
- “Seevl” refers to our company (MDG Web Limited), our Site, or our Service, depending on the context of the usage;
- “Service” refers to the services that we provide through our Site and, particularly, without limiting the generality of the foregoing, the Seevl applications available for Google Chrome or on the Deezer app studio;
- “Site” refers to our website, www.Seevl.net;
- “User” refers to you, those who use our Services, and general visitors to our Site;
- “You” refers to you, the person who is entering into this Agreement with MDG Web Limited.
3. What is Seevl?
Seevl is a music discovery application available as a plugin for Google Chrome and a Deezer application, and can be downloaded at the Google Chrome web store and the Deezer App Studio. It extends YouTube and Deezer with the following features:
- Advanced music search and discovery (e.g. by label, influences).
- Liner notes (fact-sheet and biography).
- Personal dashboard (social recommendations, musical profile, etc).
- Artist-to-artist recommendations.
Our Service is free to download and use for its Users, and is instead may be funded through revenue obtained from voluntary and third party efforts, such as selling related products, advertisements, and marketing information.
In order to use our Service, you must meet certain eligibility requirements, including:
- Your use of our Service must not be in violation of the laws of the Republic of Ireland, the European Union, the United States, or any other political entity having jurisdiction over this Agreement, our Users, MDG Web Limited, or the Services or Site that we provide.
- You must not, by reason of lack of age or otherwise, lack the capacity to consent to our collection of your information as described in Section 2A of Ireland`s Data Protection Acts 1988 and 2003. Following the recommendations set out by the Data Protection Commissioner (see http://dataprotection.ie/viewdoc.asp?DocID=212), this means that you will usually be able to use our Service without parental consent if you are 16 or over. If you are under 16, and you do not understand the wording of this Agreement, you must seek permission to use our Service. Additionally, because we permit United States residents to use our Service, you must not, regardless of where you live in the world, use our Service if you are under the age of 13, in accordance with the Children’s Online Privacy Protection Act.
5. No Warranties
Our Service is designed to enhance your experience when using Youtube. However, it is important to note that we make no warranties or other statements which should be construed as a promise that your Youtube experience will be improved, that your computer will remain free from defect or secured from security issue or glitches, or that you will otherwise not incur loss as a result of the use of our Service.
6. Rules of Use
When using our Site or Service, you agree that you will not:
- Violate any provision of Irish law, whether found in statutes, statutory instruments, the common law, or otherwise.
- Violate any applicable legislation, treaty, or other rule in force in the European Union, the United States, or any other political entity having jurisdiction over this Agreement, Users, MDG Web Limited, or the Services or Site that we provide.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Run any bots or other software to aggregate, reproduce, or browse our databases.
- Use our API in a way not explicitly authorized.
- Reverse engineer our Site, software, or other material, or otherwise attempt to duplicate our Service or Site, whether in whole or in part, in terms of its functions, whether or not the underlying code you use to do so is similar to ours.
- Engage in any other conduct that MDG Web Limited, at its sole discretion, determines to be undesirable.
7. Commercial Transactions
We do not charge for the use of our Service. However, we may offer you the ability to purchase items from third parties advertised through our Service, including but not limited to eBay, Amazon, and other businesses.
You agree that we are not a party to these transactions and that you will not name us or our officers, directors, employees, agents, or other persons hired by us as a defendant in any dispute you may have arising from or relating to the purchases or use of services or goods that you may make in relation to third parties promoted through our Site or Service. All disputes must be resolved directly between you and the relevant third party.
Our website is protected under the Copyright and Related Rights Act 2000 and the European Communities Copyright and Related Rights) Regulations 2004. It is also protected in any of the countries which are signatories to the Berne Convention for the Protection of Literary and Artistic Works, as well as countries which are signatories to the European Union Copyright Directive. Therefore, you must not infringe on our copyright, and you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site or Service, without receiving our prior written permission.
Google Chrome, Youtube, Deezer, and Facebook are separate services not controlled in any way by MDG Web Limited. Our Service involves a plugin which is added to your existing Google Chrome software, interfaces with Youtube, acts together with Deezer, and shares certain information with Facebook.
You agree that we have no liability towards you for harm caused by these or other third party services, whether or not such harm is wholly, partly, or not caused at all by the use of our Service or Site. Specifically, without limiting the generality of the foregoing, we cannot provide any assurances that these services will protect your security or privacy, or that our Service will not reduce the safety or integrity of your use of these services.
“Seevl” and “MDG Web Limited” are trademarks used by us, MDG Web Limited, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this section.
11. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. We therefore recommend that you do not use our intellectual property, even if so authorized, in any situation where the revocation of consent to use it would result in a loss to you.
12. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement shall be brought before a court of competent jurisdiction in the Republic of Ireland. Where the subject matter so permits, a dispute against MDG Web Limited, whether or not it is the only defendant to the action, shall be brought in the District Court in County Galway, Republic of Ireland, under the District Court (Small Claims Procedure) Rules, 1997 & 1999 as amended by Statutory Instrument No. 519 of 2009, Order 53A. Even if you might otherwise be entitled to more damages in another court, you agree that you will waive any additional damages to which you are entitled if they exceed the monetary jurisdiction of the Small Claims Procedure, and bring the claim in the District Court.
If you bring a dispute in a manner other than in accordance with this Agreement, such as by suing us in another country or in a higher court in Ireland, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
13. Copyright & Trademark Infringement
We fully comply with Irish copyright and trademark law. Additionally, though we do not acknowledge being subject to the jurisdiction of any foreign laws or courts, we usually voluntarily comply with foreign copyright and trademark legislation where is it not inconsistent with the laws of the Republic of Ireland or the European Union, specifically in regards to the freedom of expression and the European economic rights. Therefore, if you believe that your intellectual property rights have been infringed under Irish or foreign law, please send us a message which contains:
- Your name.
- The name of the party whose rights have been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy (a URL or list of URLs is preferable).
- Your signature.
Please send this to us at:
Intellectual Property Enforcement MDG Web Limited Unit 204, Business Innovation Centre, NUI Galway Galway, Co. Galway Ireland email@example.com
If sending the notification by e-mail, an electronic signature is acceptable.
Please note that our Service if a plugin only. If you believe that content on a third party website such as Youtube accessed using our plugin infringes your intellectual property rights, you must contact them directly using the procedures listed on their website for such complaints, if applicable.
14. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
NEITHER WE NOR THE THIRD PARTIES ARE ESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO US OR THAT THIRD PARTY. IN SUCH CASES WHERE AN ENTITY, NOT LIMITED TO OURSELVES, HAS NOT RECEIVED YOUR FUNDS OR A NOTIFICATION THAT YOUR FUNDS HAVE BEEN TRANSMITTED, YOU MUST RESOLVE THE ISSUE DIRECTLY WITH THE RELEVANT PAYMENT PROCESSOR.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Services or website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
16. Choice of Law
This Agreement and any disputes with us shall be governed by the laws in force in the Republic of Ireland. The offer and acceptance of this contract is deemed to have occurred in the Republic of Ireland.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, legislative changes impacting our Services or this Agreement, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, MDG Web Limited shall have the sole right to elect which provision remains in force.
MDG Web Limited reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
20. Termination & Cancellation
We may terminate your account or access as well as access to our Site or Services to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases, whether directly or by posting a notice on our Site. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, force majeure, or legislative change, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
21. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will place a note on our Site as to when the Agreement was last modified, and require that you agree to the changes in order to continue to use our Service. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service, even if we fail to disable the software that we have provided via our Service.
Last modifications of the terms of service:
- 5th June 2012 – first version of the terms of service
23. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about must be sent to the address on our site. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.