FLYZIK.COM is committed to providing an excellent user experience. In order to provide this website and our digital music services to you, you agree to be legally bound by the following terms and conditions.

1) ACCESSING FLYZIK.COM SERVICES

1.1 Acceptance
Your access, purchase, acquisition, upload, and/or storage of any product from FLYZIK.COM (including but not limited to www.flyzik.com, its international versions and any other service powered by FLYZIK.COM for third parties) via web, personal computer, mobile device, connected device, Application Programming Interface ("API") or otherwise (collectively "the Services") is expressly conditioned on your compliance with and acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions your only remedy is to cease accessing or using the Services.

1.2 Additional Applicable Terms
Services operated for third parties by FLYZIK.COM may also have additional terms to which you will be bound. It is your responsibility to read and understand any terms and conditions that apply to your use of websites and services.

1.3 Right to Amend Terms
FLYZIK.COM reserves the right, in its sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Services. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Services after any such changes constitutes your acceptance of the new terms and conditions.

2) THE SERVICES

2.1 Services
Through the use of EMGS owned website, you are permitted to listen to Samples (as defined below), and obtain Digital Downloads of sound recordings ("Tracks") and related digital content ("Materials" defined below). The FLYZIK.COM Service, Tracks, and Materials are only for your personal, noncommercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the sites on which the Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the Tracks or Materials accessible through the Service. The Service is not part of any other offering or product, and as such, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the service.

2.2 Personal Use Only
The Services are for personal use by individual end users only and may not be accessed, used, re-sold, or licensed for commercial gain. The FLYZIK.COM Business Services division can be contacted at contact@flyzik.com

2.3 Links
The Services may contain links to third party websites or services. You acknowledge and agree that FLYZIK.COM is not responsible or liable for: (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services. Links to such websites or services do not imply any endorsement by FLYZIK.COM of such websites or services or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.

3) OBJECTIONABLE MATERIAL

You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and FLYZIK.COM will not be liable to you for content that may be found to be offensive, indecent, or objectionable. FLYZIK.COM does not guarantee the accuracy of any descriptions provided on its Services.

4) CHILD SUPERVISION

FLYZIK.COM is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Services should supervise such access and use. It is your responsibility to determine which if any portions of the Services are suitable for your child to access.

5) AGE RESTRICTION TO REGISTER FOR SERVICES

5.1 Registering for the Services
You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.

5.2 Minimum Age
Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these terms and conditions (ii) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.

5.3 Full Access
If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Services, including all financial charges and legal liability that incurred. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.

6) PRIVACY POLICY

6.1 FLYZIK.COM recognises that your privacy is very important and that it is your right to control your personal information. FLYZIK.COM understands that providing personal information is an act of trust and we take that trust seriously.

6.2 Personal Information
If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Services. FLYZIK.COM will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.

6.3 Communications from Us and Mailing Lists
To keep you informed about the operation of the Services, FLYZIK.COM may send service announcements to the email address you provided during registration. FLYZIK.COM may also allow you to choose whether to receive mailings from record labels and/or other promotional partners that may be of interest to you. Such lists are strictly optional and may be unsubscribed from at any time.

6.4 Competitions
FLYZIK.COM may hold competitions in connection with the Services, or in partnership with a third party, and providing contact information may be a condition of participation. FLYZIK.COM will use the information provided to conduct the competition and for any other purposes to which you have consented. If FLYZIK.COM offers competitions with third parties, it will notify you that your information is being shared with such partner at the point of collection of such information and you will be able to choose whether to participate in the applicable competition.

6.5 Payment Information
If you pay FLYZIK.COM for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by FLYZIK.COM other than to facilitate the provision of the Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.

6.6 Use of Vouchers
Vouchers for Services may be provided by FLYZIK.COM, its partners or sponsors. If you redeem a voucher to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then FLYZIK.COM will notify you that your personal information will be shared with such partner at the point of collection of such information and you will be able to choose whether to use the voucher.

6.7 Your Rights
If you are a registered user, you have certain rights under the 1998 Data Protection Act. You have the right to be told what personal information is held about you on our database. Should you wish to exercise that right, or if you have any questions concerning the FLYZIK.COM privacy policy, please write to: contact@flyzik.com.

6.8 Cookies and Third Party Advertising
FLYZIK.COM uses a technology called "cookies" as part of our normal business procedure to enhance the user experience and to track patterns of behaviour of visitors to the Services. A cookie is an element of data that a website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

6.9 Aggregated Information
To monitor and improve the performance of our technology, FLYZIK.COM captures other data such as search criteria, results, downloads and purchases. FLYZIK.COM only shares this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. FLYZIK.COM also gathers information such as date, time, connection speed and IP address of all service users. This information is kept for our internal security audit log, aggregate trend analysis and system administration. FLYZIK.COM sometimes uses third party service providers to help track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analysed on an aggregated basis solely for the purpose of internal analysis by FLYZIK.COM to improve the Service.

6.10 Security
FLYZIK.COM has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We employ SSL encryption to secure your personal data information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

7) USER ACCOUNT, PASSWORD AND SECURITY

7.1 Password Security
If a particular Service requires you to open an account you will complete a registration process by providing certain information and registering a username and password (“Credentials”) for use with that Service. You are responsible for maintaining the confidentiality of your Credentials. You are not authorised to share your Credentials with any other person. You may have a credit card or other payment method stored with FLYZIK.COM and if your Credentials are used by a third party (whether or not authorised) the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your Credentials. FLYZIK.COM advises you to change your password frequently and to always keep it secure.

7.2 Unauthorized Access
You agree to immediately notify us of any unauthorised use of your Credentials or any other breach of security. In no event will FLYZIK.COM be liable for any indirect or consequential loss or damage resulting from the disclosure of your Credentials. If you believe someone has accessed any Service using your Credentials without your authorisation, it is your responsibility to set up a new password or contact FLYZIK.COM’s customer services department to delete your account.

8) USAGE RULES

8.1 Use of Content
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. FLYZIK.COM will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

8.2 Previews
A "Preview" is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.

8.3 Content Usage Rules
(i) You are authorised to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law. (ii) You are authorised to use the Content on up to five authorised devices at any time. FLYZIK.COM reserves the right to limit the number of authorised devices further and the number of authorised downloads to comply with the wishes of its licensors.
(iii) You may not use Content as a musical "ringer" in connection with mobile phone calls.
(iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
(v) The delivery of Content does not transfer to you any commercial or promotional use rights in same.
(vi) Content in the MP3 or AAC format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. FLYZIK.COM reserves the right to modify the Usage Rules at any time.

8.4 Use of the Services
You agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses, log-in details or other credentials;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services;
(xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.

8.5 Monitoring
We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.

8.6 Prohibited use of digital downolad
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then redigitize any Downloads. You may not create any "derivative works" by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is prohibited.

8.7 Loss of Rights by EMGS.
EMGS may at any time lose the right to make certain Tracks and/or Materials available. In such an event, you will no longer be able to access these Tracks/Materials from FLYZIK.COM Library function or obtain them from the Site's catalog.

9) BILLING & SALES

9.1 Agreement to Pay
You agree to pay for all Products that you purchase through the Service and FLYZIK.COM may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize EMGS to charge your credit card for the above mentioned at FLYZIK.COM convenience, but within (30) days of credit card authorization. YOU ARE RESPONSIBLE FOR PROVIDING EMGS WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, FLYZIK.COM may post charges individually or aggregate your charges with other purchases you make on the service. If any of your billing information changes, you are responsible for updating the information in the applicable section of your "Member Account." You are responsible for any charges on your account that are incurred by any person through your account, and you are solely responsible for keeping your account secure and confidential.

9.2 Sales to End Users Only
FLYZIK.COM sells products to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with an intent to resell.

9.3 FLYZIK.COM Right of Refusal
FLYZIK.COM reserves the right to refuse Service or sale of Products for any reason, to any End User.

9.4 Right to Change Prices and Product Availability
Prices and Availability of Products (e.g., Tracks and Materials) offered through the Service are subject to change at any time. FLYZIK.COM does not provide price protection or refunds in the event of a price drop or promotional offering.

9.5 Digital Download
Each Digital Download is an Individual Sale and Subject to the Terms and Conditions of this Agreement. Each purchase of Digital Downloads by You will be regarded as a separate transaction and each delivery of a Digital Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.

9.6 No Refunds
All sales are final and all charges from those sales are nonrefundable.

9.7 Taxes
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

9.8 Order Acceptance Policy
Your receipt of an electronic or other form of confirmation does not (1) constitute FLYZIK.COM offer to sell and (2) convey FLYZIK.COM acceptance of your order. FLYZIK.COM reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Your order is deemed accepted upon delivery of Products (i.e. completion of a Digital Download as indicated by our servers).

9.9 Methods of Payment and Credit Card Terms
FLYZIK.COM currently accepts American Express, Visa, Master Card, Solo credit cards, and PayPal. FLYZIK.COM does not accept cash, money orders, or checks. FLYZIK.COM reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not FLYZIK.COM, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Products or Digital Download orders previously accepted FLYZIK.COM will survive your termination of the Terms and Conditions of Usage.

9.10 Electronic Signatures and Contracts
Your use of Digital FLYZIK.COM s Service includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.

9.11 Refund policy
All sales are final and all charges from those sales are non-refundable. Due to the nature of the Services you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management.

10) TERMINATION

FLYZIK.COM has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. You agree that FLYZIK.COM shall not be liable to you or any third party for any termination of your access to the Services.

11) EQUIPMENT

Without limiting any provision herein, FLYZIK.COM makes no warranty that any particular computer, portable device, or other hardware will be compatible with FLYZIK.COM’s Services. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.

12) INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from SPAIN or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

13) INTELLECTUAL PROPERTY RIGHTS

13.1 Intellectual Property
The Services and its content (including without limitation the design, text, graphics and all software and source codes connected with the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.

13.2 Posted Material
FLYZIK.COM does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting FLYZIK.COM a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

14) INDEMNITY

You agree to indemnify and hold FLYZIK.COM harmless from and against any breach by you of these terms and conditions and any claim or demand brought against FLYZIK.COM by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by FLYZIK.COM in consequence of your breach of these terms and conditions.

15) DISCLAIMERS AND LIMITATION OF LIABILITY

15.1 Use of the Services is at your own risk.
The Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

15.2 To the extent permitted by law, FLYZIK.COM will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

15.3 FLYZIK.COM makes no warranty that the Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

15.4 Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of FLYZIK.COM for death or personal injury as a result of the negligence of FLYZIK.COM.

15.5 Nothing in these terms and conditions shall affect your statutory rights as a consumer.

16) SEVERANCE

If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

17) GOVERNING LAW

These terms and conditions shall be governed by and construed in accordance with the laws of SPAIN and you hereby submit to the exclusive jurisdiction of the SPANISH courts. Provided by: EMGS Consulting, 77 Pau Claris, 08010, Barcelona, Spain. NIF B65085219.