Terms of use

• 1. Acceptance

  • 1.1 By using or even visiting Music Pockets Website, the user – person who uses or visits the Website, signifies consciously the agreement of:
    • a) these Terms of Use,
    • b) Music Pockets’ Privacy Policy,
    • c) Music Pockets’ Community Regulations.
  • 1.2 If the user does not agree to any of Music Pockets’ Terms of Use, the Music Pockets’ Privacy Policy or the Music Pockets’ Community Regulations, must leave Music Pockets’ Website at this moment.
  • 1.3 Music Pockets will inform the user the main / important changes of Music Pockets’ Terms of whole Service. However the user must systematically check the changes / modifications of Music Pockets’ Terms or other conditions of using. The user can access Music Pockets Content, user Submissions and other contents only as allowed under these Terms of Use, named also Regulations / Agreement

• 2. Language of this document

  • 2.1 This document is an informative translation from the Polish language. In the case of any problem (misunderstanding between the user and Music Pockets etc.), the unique document which can be considered as true and full information’s source, is the Polish original version of Terms of Use.

• 3. Website

  • 3.1 The Terms and Conditions of Service apply to all users of the Music Pockets, including the users who contribute music / sounds registrations, information or other materials or services on the Website.
  • 3.2 The Music Pockets’ Services’ website includes all aspects of Music Pockets with all products, software and services offered by the website’s owner Association for Development of Democracy ERWIN (including especially the Music Player and other similar or different applications). The Association for Development of Democracy ERWIN has its headquarters in os. Ogordy 11/12, 27 – 400 Ostrowiec Św., Poland.
  • 3.3 There are situations, when Music Pockets Website contains some links to other websites that are not owned and / or controlled by Music Pockets, so the Association for Development of Democracy ERWIN can not have any control over or any kind of responsibility for the content, privacy policies etc. of them.
  • 3.4 By using the Website, the user relieves Music Pockets from any liability coming out from the user’s use of any so called and already described third - party website. Be aware and very attentive when you “come in” and “leave” the Music Pockets and other Websites by reading very attentively especially the terms and conditions, privacy policy etc.

• 4. Accounts

  • 4.1 Music Pockets is a free of charge for the users website, however to access some features of the Music Pockets’ Website, the user has to create a Music Pockets account. Creating the account, the user is kindly asked to provide true and complete information, because she / he is the unique responsible person for the activity that occurs on her / his account, and she / he MUST keep her / his account’s password secure. The user must also notify Music Pockets immediately of any attempt of security or unauthorized use of her /his account.
  • 4.2 Music Pockets will never be liable / responsible for the users’ losses caused by any kind of unauthorized use of her / his account, however the user can be responsible for the losses of Music Pockets or others due to such unauthorized use.
  • 4.3 The user is obligated not to collect any personally identifiable information (account names etc.) from the Website.
  • 4.4 The user agrees not to use the communication systems provided by the Website (e.g. comments, e-mail’s etc.) for any commercial use and agrees not to solicit, for commercial purposes, any users of the Website.

• 5. Permissions and Restrictions

  • 5.1 Music Pockets grants its user permission to access and use the Website only if:
    • a) the user agrees not to distribute anywhere any part of the Website, including (but not limited to) user Submissions, without Music Pockets’ written agreement and not to modify any part of the Website, including Music Pockets’ Player, its possible technologies etc.
    • b) the user agrees not to access user Submissions or Music Pockets Content by the help of any technology or way other than the Music / Sounds Player of the Website and not to use anytime the Website, including the Music Pockets Player for any commercial use, without the written agreement of Music Pockets.
  • 5.2 Prohibited commercial uses (described in this document and / or any others without Music Pockets’ approvals) are:
    • a) using the Website (and / or its related services, technologies etc.), for gaining by advertising or implementing subscription revenue,
    • b) sale the access to the Website or any other use with the meaning of earning.
  • 5.3 Prohibited commercial uses do not include:
    • a) uploading an original music / sounds on Music Pockets or maintaining an original channel on Music Pockets in order to promote especially (but not limited to) the user’s artistic / music compositions / enterprises,
    • b) using the Music Pockets Player to listen to Music Pockets’ music / sound registrations;
    • c) any use that Music Pockets agreed in writing.
  • 5.4 The user is allowed to use the Music Pockets Player on her / his website, but must include a link back to the Music Pockets website on the pages containing the Music Pockets Player and she / he can never modify or block anyway any part of the Music Pockets Player.
  • 5.5 If the user uses the Music Pockets Uploader, she / he agrees that it can sometimes (without any information) download and install updates from Music Pockets. These updates are only to improve, enhance and further develop the Uploader. The user agrees to receive such updates as part of her / his use of the Uploader.
  • 5.6 The user is not allowed to use (and / or launch) any so called automated system as “robots”, “spiders” etc., that accesses the Website. Meantime, the Association for Development of Democracy ERWIN, as Music Pockets owner, grants the operators of public search engines permission to use “spiders” to copy materials from the website for the unique purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. Music Pockets reserves the right to revoke these exceptions either generally or in specific cases.
  • 5.7 Music Pockets reserves the right to discontinue any aspect of the Music Pockets Website at any time.

• 6. Contents on the Site

  • 6. The contents on the Music Pockets Website (besides the User Submissions) - without limitation, are owned by or licensed to Music Pockets as subjects to copyright and other intellectual property rights under polish and international law. The contents on the Music Pockets Website are provided to the website’s community’s user as information and personal use only and can not be anyway:
    • a) copied,
    • b) transmitted,
    • c) broadcasted,
    • d) downloaded,
    • e) displayed,
    • f) sold,
    • g) distributed,
    • h) reproduced,
    • i) licensed
    or exploited for any other reasons without the written agreement of the respective owners.
    Music Pockets reserves also all rights not expressly granted in and to the Website and the Content.
  • 6.2 The user can access user Submissions only:
    • a) for own information and personal use;
    • b) normal functionality of the Music Pockets Service;
    • c) for Streaming;
  • 6.3 Music Pockets reserves all rights not expressly granted in and to the Music Pockets Content and the Music Pockets Service.
  • 6.4 The user consciously agrees not to
    • a) use any part of Music Pockets for any commercial use,
    • b) disable or otherwise interfere with security,
    • c) engage in the use, copying or distribution of any of the Content other than allowed in this document.
  • 6.5 The user clearly understands that using the Music Pockets Website, she / he is exposed to user Submissions from different and numerous sources and that Music Pockets Website can never be responsible (directly or indirectly) for the safety or intellectual property rights of user Submissions. The user understands also that she / he can unfortunately be exposed to user Submissions that are offensive, objectionable etc.
  • 6.6 The user consciously agrees to waive, and just now do that, any legal or equitable rights the user has or can have against Music Pockets with respect thereto and agrees to hold Music Pockets – the Association for Development of Democracy ERWIN, and / or licensors, harmless regarding all matters related to the users’ use of the site.
  • 6.7 The users’ Comments are made available to the user for the users’ information and personal use. The user’s Comments are made available “as they are”, and can never be reproduced, used, distributed, copied, broadcast, transmitted, sold, licensed or exploited in any way not accepted by the Music Pockets or prohibited in this document.

• 7. User Submissions

  • 7.1 As a Music Pockets account holder, each user can submit Music / Sound registration2 and textual contents3 anytime she / he wants4. If user Submissions are published or even not, Music Pockets can never guarantee any confidentiality and she / he is personally responsible for her / his own User Submissions and the possible consequences of posting / publishing them.
  • 7.2 The user retains all of her / his ownership rights in the user’s user Submissions5. Submitting user Submissions to Music Pockets, the user consciously passes to Music Pockets all necessary rights and licenses (including the matter of distribution, reproduction, preparation of separate / derivative works) and perform the user Submissions in connection with the Music Pockets Website non for profit business, including without any limitation for promoting and redistributing partly or totally the Music Pockets Website (and separate / derivative works) anywhere, anytime and anyway.
  • 7.3 In the matter of user Submissions, the user agrees that she / he can not and will never submit any materials which are legally copyrighted, protected by trade mark or otherwise subject to third party proprietary rights etc., unless the user is the legal owner of such rights or has legal permission from their legal owner to use / post the material and to grant Music Pockets all of the license rights granted in these regulations.
  • 7.4 The user also grants consciously each user of the Music Pockets (as the members of Music Pockets community) a non - exclusive license to access the user’s user Submissions through the Website and to use, distribute, reproduce, perform and display them as legally permitted through the Website according this document. The user consciously understands and agrees that Music Pockets are allowed to retain, but never distribute, display or perform server copies of user Submissions that have been removed or deleted by the user. Mentioned licenses (granted by the user in user Comments) are permanent and irrevocable.
  • 7.5 Music Pockets never approves any user Submission, e - proposal, opinion etc. and disclaims all possible liabilities and responsibilities concerning user Submissions. Music Pockets never permits copyright any infringing activities and infringement of intellectual property rights on its Website. Music Pockets will immediately remove all Content and user Submissions with above mentioned offences.
  • 7.6 The user agrees that she / he will never (in connection with User Submissions) submit materials which are contrary to the Music Pockets’ Community Guidelines or contrary to local, regional, national and international laws.

• 8. Account Termination

  • 8.1 Music Pockets will terminate user's access to its Website (under appropriate circumstances) because of a repeat / repeating infringer.
  • 8.2 The user allows Music Pockets to decide if the Content or a user Submission is appropriate and has no obscene, harming or defamatory material, pornography etc. Music Pockets can remove such Submissions and /or terminate a user's access for uploading such material without prior notice and at its sole decision.
  • 8.3 The user notify, that is conscious of the content of the Article 23 and 23I of the Law of the author's and related rights (Reg. of Acts, nb. 24, pos. 83, 1994)6 about personal and community use of artistic works.

• 9. Warrants, Limitations and Liabilities

  • 9.1 The user consciously agrees that the user’s use of the Music Pockets website should always take place only at the user’s risk. In no condition or / and circumstances Music Pockets (its staff) is liable / responsible to the user for any kind of direct / indirect damages.
  • 9.2 Music Pockets and its owner Association for Development of Democracy ERWIN and its staff disclaim all possible warranties connected with the website and the user’s use complications. Music Pockets has no liability or responsibility:
    • a) in connection with inaccuracies or errors of content or even property damage of any nature which may be possibly caused by the user’s access to and use of Music Pockets’ website,
    • b) for any kind of interruption or cessation of transmission to or from Music Pockets’ website, including any viruses, Trojan horses etc.,
    • c) for any possible losses or damages caused by any products or services advertised / offered by a third party through the Music Pockets’ website or any hyperlinked website or featured in any banner or other advertising,
    • d) for user Submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of possible harm or damage from the foregoing rests entirely with the user.
  • 9.3 Music Pockets never assures that the Music Pockets’ website is appropriate, legal or available for use in other locations, than Poland. People who access and / or use the Music Pockets’ website from other country’s or region’s under other than Polish jurisdictions, do that so only at their own responsibility.

• 10. Indemnity

  • 10.1 The user consciously agrees to defend and indemnify (including holding harmless) Music Pockets and its owner Association for Development of Democracy ERWIN from / against any possible claims, losses, liabilities, damages etc., which can be caused by user’s use and their possible access to the Music Pockets website.
  • 10.2 This defense and indemnification obligation are without time limitation for Music Pockets and its users.

• 11. Acceptance of Service’s Terms

  • 11.1 The user affirms at least that she / he is over the age of 12, as the Music Pockets Website is not for children under that age. If the user is under 12 years of age, then she / he is advised not to use the Music Pockets Website.

• 12. Assignment

  • 12.1 These document and any rights and licenses granted here, can never be transferred or assigned by the user, but may be assigned by Music Pockets without any restriction.

• 13. Human rights and gender equality

  • 13.1 Music Pockets owner – the Association for Development of Democracy ERWIN, is a non for profit Non Governmental Organization which main aims (among others) are the equal treatment of each person and the freedom of speech. However any attempt to break these principles or to abuse them offending / insulting anybody, will be banned by Music Pockets without any prior written information and whole the content will be removed. The user understands that her / his account also will be removed.

• 14. Final information

  • 14.1 The user agrees that:
    • a) these regulations, any claim, conflict or dispute between the user and Music Pockets arising in whole or in part from the Music Pockets Website, will be governed by the laws of Republic of Poland (without respect to its conflict of laws principles),
    • b) Music Pockets reserves the right to amend these regulations at any time and without notice and it is the user’s conscious responsibility to review these Terms of Service for any changes,
    • c) the user’s use of the Music Pockets Website following any amendment of these Terms of Service will signify the user’s assent to and acceptance of its revised terms,
  • 14.2 No one part of this Agreement in no one way will ever be deemed to confer any third - party rights or benefits.