Terms of Service


Terms of Service updated 18/02/2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE

Welcome to the Joy Myanmar Music Terms of Service provided to you by The Sun Music Co.,Ltd  (“Joy Myanmar Music” or “we”, "us" or "our").
By signing up to our services to access information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the “Content”), or by virtue of accessing any Preview Clips as defined in clause 6.3 below via our website, a mobile application (app) on a compatible portable device or your use and access via a third party website, portal or service or third party mobile app powered by Joy Myanmar Music for a third party (together, the “Services”), you agree to be bound by these Terms of Service and all documents or other terms referenced in these Terms of Service. These Terms of Service (together with our Mobile and Website Terms, our Privacy Policy and our Cookies Policy) govern your use and access the Services. If you do not agree to these Terms of Service, you should not access or continue to use the Services or make any purchases of Content or access any Preview Clips through the Services.

Joy Myanmar Music reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you (See Section 17).

IMPORTANT: Where you access the Services via a Third Party website or mobile app (“Third Party Services”), the third party’s terms and privacy policy will apply to your use of that Third Party Services, and these Terms of Service and our Privacy Policy will apply to your use of our Services.

1 REGISTERING FOR SERVICES & CHILD SUPERVISION

1.1 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 of Service, do not register and do not attempt to access the Service.

2 ACCOUNT AND PASSWORD

2.1 Setting up an account. To access most of the Services and/or download or purchase Content you will be required to sign up for an account with us. This can be done on either the Joy Myanmar Music website or on the Joy Myanmar Music mobile app.

Website: You have to enter the required information on the registration form, choose a password and accept the Terms of Service, Mobile and Website Terms and Privacy Policy by checking the applicable unchecked acceptance box. You can then complete the registration process by clicking on the "Sign Up" button.

Mobile: The mobile app will ask you to complete a registration form and choose a password. Our Terms of Service, Mobile and Website Terms and Privacy Policy are accessible via links at the bottom of this registration page. By clicking on the “Sign Up” button you confirm acceptance of these terms and will complete the registration process.
After receiving your registration information and request, Joy Myanmar Music will automatically create your account and send you a confirmation email. Upon receipt of this confirmation email your registration will be complete and at this point, subject to payment of any digital purchases fees and your compliance with these Terms of Service, you can begin using all of the Services.

2.2 Keeping your Password Secure. If you create an account with us to access the Services, only you may use your Joy Myanmar Music account and you are solely responsible for keeping your user identification code, password, or any other piece of information provided either by us or you as part of our security procedures, confidential and secure. You must not disclose your password or any such information to any third party. Further, it is a material breach of these Terms of Service to share information which provides access to the Services (including but not limited to a link to Content) with any third party. You will be fully liable for any actions made with your identification code or password and in no event will Joy Myanmar Music be liable for any indirect or consequential loss or damage resulting from the disclosure of your identification code or password. Joy Myanmar Music advises you to change your password frequently and to always keep it secure. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by clicking on this link and change your password immediately.

2.3 Warranty. You also promise that any registration information that you submit to Joy Myanmar Music is true, accurate and complete information about yourself,

2.4 Failure to Comply. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

3 YOUR PERSONAL INFORMATION

In order to operate and provide the Services, we collect certain personal information and data about you. As part of the Services, we may also automatically upload information about your computer or device, your use of the Services and the performance of the Services. We only collect, use and disclose your personal information and data in accordance with our Privacy Policy. Please take the time to read the policy as it includes important terms which apply to you.

4 PLACING ORDERS AND CONTRACT FORMATION

4.1 To place an order with us, add the product you want to your shopping cart and proceed to the check out by clicking on the "CHECKOUT" button. Before you can complete the purchase, you will be asked to set up an account (see clause 2.1 above) with us (or log into your account if you have previously set one up). Once you have set up your account (or logged into your account), you will be asked to select a payment method, review and accept our Terms of Use, Mobile and Website Terms, Privacy Policy and Cookie Policy, and complete your order by clicking on the “Buy” button. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.2 Once your order for Content is accepted and your payment has been authorised, your order will be available to you to download. In addition, you may also have access to the Content via PSA at mobile device. Personal storage area ("PSA"), subject to the Licensor restrictions at clause 7 and the specific terms concerning the use of the PSA as set out at clause 6.3 below.

5 PRICE AND PAYMENT

5.1 The prices of the products will be as quoted to you at the time you submit your order. We take all reasonable care to ensure that the prices of the products are correct at the time when the relevant information was entered onto the system. However, please see clause 5.3 for what happens if we discover an error in the price of product(s) you ordered.

5.2 Prices of our products may change from time to time, but changes will not affect any order you have already placed.

5.3 Our Services contain a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our Service may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. Please note that if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

5.4 You can pay for the Services using Telenor Phone Bill payment (together, “Payment Methods”). By submitting an order through the Service, you promise that you are authorised to use the designated Payment Methods and authorise us to charge that telephone number or other Payment Method for the purchase amount of your order (including taxes and other amounts described on the Services). When you provide your payment information, you authorise us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event the Payment Method you designate cannot be verified is invalid or not otherwise acceptable, we may suspend or cancel your order automatically and will notify you to that effect. Payment for any products purchased via the Services must be made at the time you place your order.

6 USAGE RULES

6.1 Use of Content. You acknowledge that all Digital 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 you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. You agree that any Content you purchase that you access through the Services are provided to you by way of licence only. Except as expressly provided in these Terms of Service, Joy Myanmar Music will not be liable for any Digital 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 such use of any Content.

6.2 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 maximum extent permitted by law. The Joy Myanmar Music Business Services division can be contacted at joymyanmarmusic@gmail.com.

(ii) You may not use Content as a musical ‘ringer’ in connection with mobile phone calls.

(iii) 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.

(iv) You agree that you will not use the Content or Services in whole or in part for any illegal purpose;

(iv) 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.

(vii) Joy Myanmar Music may at any time limit the number of devices that you may access the Services from simultaneously.

(viii) You agree that you will not (and will not permit anyone else to):

(a) copy, duplicate, modify, reverse engineer, decompile or disassemble any element of the Services or Content unless explicitly permitted under applicable mandatory law;

(b) bypass, modify, tamper, defeat, circumvent any of the security components, special rules or other applications that protect the Services, Preview Clips and Content; or

(c) use any robot, spider, data minder, crawler, scraper or other automated means to access or index the Preview Clips or Content or any portion thereof, including but not limited to any metadata associated with Content;

You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules set out in these Terms of Service, and that any other use of the Content or the Preview Clips may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content (as applicable). The Usage Rules shall govern your rights with respect to the Content. Joy Myanmar Music reserves the right to modify the Usage Rules for future purchases on the Service or for ongoing access to Content via the PSA, at any time. However, such changes will not apply to Content that you have already purchased and downloaded. Any change to the Usage Rules will be communicated to you. In the event that you refuse to accept the Usage Rules, you will no longer be able to acquire Content from the Services.

6.3 Your additional access to Content via PSA.

(i) You may have access, via the ‘My Music Library’ section of the Services, to a PSA for Content purchased via the Services, the content of which is your sole responsibility and is held on third party cloud servers and infrastructure not controlled by Joy Myanmar Music in geographically dispersed locations.

(ii) Joy Myanmar Music provides access to such purchased Content via the PSA free of charge and without warranty. Joy Myanmar Music has no obligation to maintain or continue to provide access to the PSA.

(iii) You may be allowed to stream or re-download such purchased Content. Access to previously purchased Content from the Services will be available via the My Music Library. Due to Licensor restrictions, access to the Content via the PSA may cease (see Section 7.4).

(iv) You acknowledge and agree that you should not rely on Joy Myanmar Music or the Services to back up and store any files made available by Joy Myanmar Music to the My Music Library. It is your responsibility to back up and store any such files. You also agree to assume all risk for loss of content in your storage.

(v) Joy Myanmar Music may be required by licensors to share aggregated, anonymous PSA usage information with its content licensors and you consent to Joy Myanmar Music sharing such usage information.

(vi) In addition to the Licensor restrictions as set out in clause 7, Joy Myanmar Music may, in its sole and absolute discretion, set a re-download, streaming, and or bandwidth implementation or other usage limitation on your usage of the PSA.

(vii) You will obtain and maintain any and all necessary licences and permissions in connection with your use of the PSA.

(viii) Joy Myanmar Music may be required to remove certain Content from the Service, in the event that its licensors no longer hold the necessary rights and permissions to such Content, in which case, you agree to Joy Myanmar Music removing the copy of such Content from your PSA, to avoid any further infringements of intellectual property.

6.4 Purchases. You confirm that you understand that you will be charged for a purchase when you click on any button labelled as, ‘buy’, ‘pay now’, ‘next’ at purchasing process or ‘confirm purchase’.

6.5 Updates: You may need to install updates to the Services that we introduce from time to time in order to use the Services and access and download Content you purchase or have purchased in the past. These updates are designed to improve enhance and further develop the Services and may take the form of (amongst other things) bug fixes, enhanced functions, new software modules and completely new underlying versions of software. Joy Myanmar Music or the third party content providers of the Content may also change digital rights settings for such Content from time to time. For example, we or the third party content providers may correct errors in the Content or may add additional features, or may change the security features for the Content.

6.6 Content Licence: You acknowledge that when you purchase Content from us, we are selling you a licence to use such Content. Subject to your compliance with these Terms of Service and your payment of all applicable fees, Joy Myanmar Music or the third party content provider grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download the Content solely for use in accordance with the Usage Rules.

6.7 Licence of the Services: We grant you a non-transferable and non-exclusive licence to use the Services made available by us to you in accordance with these Terms of Service. We reserve the right to modify, suspend or discontinue the Services (or any part or content thereof) at any time and we shall not be liable to you or any third party should we exercise such rights. To the extent possible we will warn you of in advance of any modification, suspension of discontinuance of the Services. Termination of the Services will not affect the availability of the Content you have already downloaded.

6.8 Termination: Joy Myanmar Music may terminate your access to the My Music Library or a particular piece of Content at any time without notice and without liability to you if: (a) you are accessing and using application and/or any Content in breach of these Terms of Service in; or (b) we are required to due to Licensor Restrictions (see Section 7.4).

7 INTELLECTUAL PROPERTY AND LICENSOR RESTRICTIONS

7.1 You acknowledge that any and all of the copyright, trademarks, trade names and other intellectual property rights subsisting or used in connection with the Services, including but not limited to all Content and intellectual property rights incorporated into the Services shall remain the sole property of Joy Myanmar Music, the rights owner, the third party content providers or our licensors as applicable. You agree to immediately notify us of any actual or suspected infringement and you also agree not to use any of our trade marks as part of the name under which we conduct its business.

7.2 Except for the rights explicitly granted to you in these Terms of Service, all right, title and interest in the Services, the Content are reserved and retained by us, the rights owner, our third party content providers, and our licensors, with all rights reserved. You do not acquire any ownership rights in the Content purchased accessed through the Services as a result of downloading the Content. All other trade-marks, product names and company names or logos cited in these Terms of Service are the property of their respective owners.

7.3 Access to Content is subject to re-download limits imposed by certain licensors. You acknowledge that you may only re-download purchased Content up to five (5) times. You are encouraged to independently back-up your Content at the earliest opportunity.

7.4 Availability of Content and via the Services is at the discretion of the third party licensor providing such Content to Joy Myanmar Music, and Joy Myanmar Music may therefore be required by such licensors to remove Content from the Services without notice to you. Access of Content via the PSA is also controlled by our licensors, and such access is provided by licensors on the basis that access may be withdrawn by licensors at any time, for any reason. Therefore, Content on our Services may be removed without notice and as a result, affected Content will remain listed, but will no longer be available for access in your PSA.

7.5 Our licensors license Content by region. Therefore, Joy Myanmar Music and/or its partners may need to monitor your activity by geographic location and if necessary employ geo-blocking software to prevent the purchase of Content in unlicensed territories.

8 WARRANTIES AND LIMITATION OF LIABILITY

8.1 Joy Myanmar Music promises to provide the Services with reasonable skill and care and substantially as described in these Terms of Service.

8.2 To the maximum extent permitted by law, Joy Myanmar Music does not make and expressly disclaims any other promises, warranties or representations of any kind about the Services, any products supplied or its performance of its responsibilities in these Terms of Service, 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.

8.3 If we fail to comply with these Terms of Service, we are responsible for direct loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms of Service or our negligence, but we are not responsible for any loss or damage that is not a reasonably foreseeable consequence of such main loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

8.4 As stated in clause 6.2 we only supply the products for domestic and private non-commercial use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.5 We do not in any way exclude or limit our liability for:

i) death or personal injury caused by our negligence;

ii) fraud or fraudulent misrepresentation;

iii) any other liability that that cannot be limited or excluded by applicable law.

9 No Refunds.
All sales are final and all charges from those sales are nonrefundable. Joy Myanmar Music will not refund any fees for Products or services that you purchase.

10 EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 9.2.

10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public and private telecommunications networks.

11 THIRD PARTY BENEFICIARIES

Joy Myanmar Music’s licensors are intended third-party beneficiaries of these Terms of Service and shall have the right to enforce them against you.

12 SEVERABILITY

If any provision of these Terms of Service be held invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

13 CHANGES TO THESE TERMS

Joy Myanmar Music reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you. If we do this, we will post the amended terms on this page and will indicate the effective date at the top and in some cases, where appropriate, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification to the primary address associated with your user account).

If you do not agree to (or cannot comply with) the Terms of Service as amended, you may stop accessing user account and the Services without penalty by contacting us via joymyanmarmusic@gmail.com. You are responsible for regularly reviewing these Terms of Service on our Services and for checking your primary email address registered with us so that you will be apprised of any changes. Every time you access the Service, the Terms of Service in force at the time of your access will apply to the Contract between you and us. Your continued access of the Services after any such changes constitutes your acceptance of the amended Terms of Service.