Terms and Conditions

2.1

The basic services offered by this website ('ExactMusic') and WAP Site are provided to you on an 'as is' and 'as available' basis. ExactMusic uses its best efforts to maintain the quality of its services, but you should not assume that ExactMusic is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

3.1

ExactMusic links you to websites, WAP sites, Content Providers, Service Providers and Network Operators and information located worldwide throughout the Internet. Because ExactMusic has no control over such sites, services and information, ExactMusic offers no guarantee for such sites, services and information with regard to the availability, accuracy, currency, content, or quality of any such sites, services and information.

3.2

ExactMusic shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

3.3

You hereby indemnify ExactMusic against any demand, claim or action against ExactMusic relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.

3.4

ExactMusic reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.

3.5

Unless expressly stated to the contrary, ExactMusic owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.

3.6

You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via ExactMusic. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

4.1

Some new Handsets, Service or Networks may not yet be supported by ExactMusic at the time of their launch. ExactMusic has a dedicated technical team who work constantly on supporting all Handsets and Networks, but due to the fast-paced evolution of the Mobile Industry we need flexibility in supporting these properly. As soon as we can support these Handsets and Networks we will do so.

4.2

Certain Network Operators may not have key coverage in place in all areas. As ExactMusic is dependant on the Networks for our Service Delivery we are bound by these coverage maps and will also not be able to deliver in these areas. Contact your local Network for a list of recent areas they do not cover.

4.3

The Internet in general, the GSM Network and WAP (Mobile Internet / IP) services in particular are rapidly evolving and ExactMusic is in constant development. ExactMusic reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. If you do continue to use ExactMusic after a change to the Terms or the Privacy Policy you shall be deemed to have agreed to the relevant variation.

4.4

Over time ExactMusic intends to expand the services that you are offered. When a new service is introduced ExactMusic may impose special terms and conditions on the use of that service.

4.5

If you do not access your ExactMusic account on the Internet for an extended period ExactMusic has the right to deem the account inactive and consequently to expire any unused eXactcredits, remove your personal details and to render the account closed.

4.6

ExactMusic may set maximum limits for (i) the numbers or sizes of SMS / E-Mail messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access ExactMusic. These limits may vary over time without notice to you.

5.1

As ExactMusic evolves certain services may require a minimum equipment, specific settings or bandwidth specification. It is your responsibility to ensure that you have the right equipment, settings or bandwidth for these services at the time of access. We are not liable for any failure to use ExactMusic caused by your failure to do so.

5.2

Some parts of ExactMusic may be accessible only to users who subscribe or pay a 'per-use' charge. These sections will be clearly marked.

5.3

On registration you must provide accurate and complete information as prompted by the registration form or any other request made by ExactMusic ('User Data'). If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.

5.4

If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if ExactMusic has reasonable grounds to suspect that any User Data is inaccurate or incomplete ExactMusic may suspend or terminate your account and access to the services.

5.5

You may unsubscribe from ExactMusic at any time by contacting the System Support at info@ExactMusic.com

6.1

You acknowledge that by using ExactMusic and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. ExactMusic is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.

6.2

You must not use ExactMusic in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.