Terms of Use 

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This website is operated by Misosofi. Throughout the site, the terms “we”, “us” and “our” refer to Misosofi. Misosofi offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Users (hereinafter referred to as "Users") who have registered are required to use the Service in accordance with these Terms.

Article 1 (Application)

These Terms shall apply to all relationships related to the use of the Service between the User and Misosofi. The Misosofi may establish various regulations (hereinafter referred to as "Individual Provisions"), in addition to these Terms and rules for use regarding the Service. Regardless of their name, these Individual Provisions shall constitute a part of these Terms. In the event of any conflict between the provisions of these Terms and the provisions of the Individual Provisions set forth in the preceding paragraph, unless otherwise provided in the Individual Provisions, the provisions of the Individual Provisions shall take precedence.

 

Article 2 (Registration)

In this service, the applicant for registration shall apply for registration by agreeing to these terms and conditions and following the method prescribed by our store, and registration shall be completed when our store notifies the applicant of approval thereof. Our store may refuse to approve a registration application if we determine that any of the following reasons exist with the applicant for registration, and we shall have no obligation to disclose the reasons for such refusal:

• False information was provided at the time of application for registration.

• The applicant has previously violated these terms and conditions.

• Our store determines that the registration is not appropriate for any other reason.

Article 3 (Management of User ID and Password)

Users shall be responsible for managing their own user ID and password for this service. Under no circumstances may users transfer or lend their user ID and password to third parties, or share them with third parties. If the combination of a user ID and password matches the registration information and is logged in, our store will consider it to be used by the user who registered the user ID. Except in cases where our store has intentional or gross negligence, we shall not be liable for any damages arising from the use of a user ID and password by a third party.

Article 4 (Sales Contract)

In this service, a sales contract shall be concluded when a user applies for purchase to our store and our store notifies the user of acceptance of the application. Ownership of the goods shall be transferred to the user when our store delivers the goods to the delivery Misosofi. Our store may terminate the sales contract under the preceding paragraph without prior notice to the user if the user falls under any of the following reasons:

• The user has violated these terms and conditions.

• Delivery of the product cannot be completed due to an unknown delivery destination or long absence.

• Our store recognizes that the trust relationship between our store and the user has been damaged. The payment method, delivery method, cancellation method of purchase, and return method related to this service shall be specified by our store separately.

Article 5 (Intellectual Property Rights)

1. The copyright or other intellectual property rights to the product photographs and other contents (hereinafter referred to as "Contents") provided by this Service belong to legitimate rights holders such as the store and content providers, and Users may not reproduce, reprint, modify, or otherwise use them for secondary purposes without permission.

2. Users may use this Service only for personal non-commercial purposes. Users must not use this Service to store, transfer, or distribute Content as a third party or on behalf of a third party, operate their own Content application or service, or resell any part of this Service. The store grants the User a non-exclusive, non-transferable right to access and use music content, music service content, and other music content available through this Service solely for the User's personal non-commercial use, subject to compliance with this Agreement. Except as provided above, Users may not redistribute, transmit, transfer, sell, broadcast, rent, share, lend, use for other purposes, modify, adapt, edit, license, or otherwise transfer or use purchased audio content. The store does not grant the User any right to synchronize, publicly broadcast, perform, use for promotional purposes, commercially sell, resell, reproduce, or distribute any audio content. Users are solely responsible for any audio content imported into this Service, including ensuring that the audio content is legally acquired and does not contain malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. Users must comply with all applicable laws and all applicable license or contract provisions in using this Service.
    

Article 6 (Prohibited Actions):

Users shall not engage in the following acts when using this service:

1. Acts that violate laws or public order and morals

2. Acts related to criminal activities

3. Acts that infringe upon copyrights, trademarks, or other intellectual property rights contained in this service

4. Acts that destroy or interfere with the function of our server or network

5. Acts that commercially use the information obtained through this service

6. Acts that may interfere with the operation of our service

7. Acts of unauthorized access or attempted unauthorized access

8. Acts of collecting or accumulating personal information of other users

9. Acts of impersonating other users

10. Acts of directly or indirectly providing benefits to antisocial forces related to our service

11. Other acts deemed inappropriate by us

12. Selling, providing for free, lending or placing the products in a state where third parties can replicate them

13. Transferring or re-granting the right to use the product to a third party

14. Using the product as a subject of analysis or material for research, such as using it as a machine learning training data.

Article 7 (Suspension of Service)

Without prior notice to the User, Misosofi may suspend or interrupt the provision of all or part of this Service if it determines that any of the following events have occurred:

• Misosofi needs to conduct maintenance or updates on the computer system related to this Service.

• The provision of this Service becomes difficult due to force majeure, such as earthquakes, lightning, fires, power outages, or other natural disasters.

• The computer or communication line is stopped due to an accident.

• Misosofi determines that the provision of this Service has become difficult for any other reason. Misosofi shall not be liable for any disadvantage or damage suffered by the User or third parties due to the suspension or interruption of the provision of this Service, regardless of the reason.

Article 8 (Restrictions on Use and Deletion of Registration)

 1. In the event that any of the following applies, our store may, without prior notice, restrict the user from using all or part of this service, or delete the user's registration:

• The user violates any provisions of these Terms of Use

• It is discovered that the registration information contains false information

• The credit card provided by the user for payment is suspended

• The user fails to pay any fees or debts

• The user does not respond to our store's contact for a certain period of time

• The user has not used this service for a certain period of time since the last use

• Any other situation where our store determines that the use of this service is inappropriate

 2. We shall not be liable for any damages incurred by the user as a result of our actions taken in accordance with this article.

 

Article 9 (Withdrawal)

The user may withdraw from this service by following the prescribed withdrawal procedures.

Article 10 (Disclaimer of Warranty and Liability)

We do not guarantee that there are no defects, whether factual or legal (including but not limited to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, defects in security, errors, bugs, infringement of rights, etc.) in this service.

We shall not be liable for any damages incurred by the user as a result of using this service. However, if the contract between us and the user regarding this service (including these Terms of Use) is deemed to be a consumer contract under the Consumer Contract Act, this disclaimer shall not apply. In such a case, we shall not be liable for any damages incurred by the user due to our negligence (excluding gross negligence), except for damages arising from special circumstances (including those that could have been foreseen by us or the user regarding the occurrence of damages).

We shall not be liable for any transactions, communications, or disputes between the user and other users or third parties arising from the use of this service.

 

Article 11 (Changes to the Service)

Misosofi may change the content of the Service or discontinue providing the Service without prior notice to the user, and shall not be held responsible for any damages incurred by the user as a result.

Article 12 (Changes to the Terms of Use)

Misosofi may change the Terms of Use at any time without prior notice to the user if deemed necessary. If a user begins using the Service after the changes to the Terms of Use have been made, they will be considered to have agreed to the revised terms.

Article 13 (Handling of Personal Information)

Misosofi shall handle personal information obtained through the use of the Service appropriately in accordance with our "Privacy Policy."

Article 14 (Notice or Communication) Notifications or communications between the User and Misosofishall be conducted through the method designated by Misosofi. Misosofi shall assume that the contact information currently registered by the User is valid, and shall notify or communicate with the User through such contact information, unless the User has provided Misosofi with a notification of change in accordance with a separate method designated by Misosofi. Such notifications or communications shall be deemed to have been received by the User at the time of transmission.

Article 15 (Prohibition of Assignment of Rights and Obligations) The User shall not assign or offer as collateral to any third party the position under the Usage Agreement or any rights or obligations based on this Terms of Service, without prior written consent from Misosofi.

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Article 16 (Governing Law and Jurisdiction)

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1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in Spain.

2. In the event of a dispute regarding this Service, the exclusive jurisdictional court shall be the court having jurisdiction over our head office location.

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