Terms and Conditions

Hello, and welcome to the Memory Tracks Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:

  • Outline your legal rights on Memory Tracks
  • Explain the rights you give to us when you use Memory Tracks
  • Describe the rules everyone needs to follow when using Memory Tracks

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.

Thanks for choosing Memory Tracks (“Memory Tracks,” “we,” “us,” “our”). Memory Tracks provides personalised services for downloading and streaming music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Memory Tracks services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Memory Tracks Service” or “Service”), or accessing any music, or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with Memory Tracks Ltd.

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Memory Tracks Ltd whose trading name is Memory Tracks a company registered in England and Wales under number 10791734 whose registered office is at 2, Grove House, Blackheath Grove, National, SE3 0DG with email address help@memorytracks.co.uk; (the Supplier or us or we).
  2. These are the terms on which we sell all Services to you. Before placing an order in the Application, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Memory Tracks Service or access any Content.
  3. You can only purchase the Services and Goods from within the App or on the Website if you are eligible to enter into a contract and are at least 13 years old.

Changes to the Agreements

Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.

Using Memory Tracks

Here’s some information about all the ways you can enjoy Memory Tracks.

Service Options

You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Memory Tracks account. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

Trials

From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Memory Tracks may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance.

Payments, cancellations, and cooling off

Billing

You may purchase a Paid Subscription directly from Memory Tracks or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Memory Tracks Service for a specific time period (“Pre-Paid Period”).

Memory Tracks may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Memory Tracks Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:

·       If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Memory Tracks to automatically charge you the agreed price each month until you cancel the Paid Subscription.

·       If you purchase a Paid Subscription with no Trial, you authorize Memory Tracks to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Memory Tracks Service during that period.

Renewal; Cancellation

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Memory Tracks or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by cancelling the Paid Subscription with Memory Tracks or through such third party. The cancellation will take effect the day after the last day of the current subscription period. If you purchased your Paid Subscription through Memory Tracks and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Memory Tracks before the Cooling-off Period is over, you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment.

If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

Using our service

The Memory Tracks Service and the Content are the property of Memory Tracks or Memory Tracks’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Memory Tracks Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Memory Tracks. You promise and agree that you are using the Memory Tracks Service and Content for your own personal, non-commercial use, or used in the provision of care to someone and that you will not redistribute or transfer the Memory Tracks Service or the Content.

The Memory Tracks software applications and the Content are not sold or transferred to you, and Memory Tracks and its licensors retain ownership of all copies of the Memory Tracks software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).

All Memory Tracks trademarks, service marks, trade names, logos, domain names, and any other features of the Memory Tracks brand (“Memory Tracks Brand Features”) are the sole property of Memory Tracks or its licensors. The Agreements do not grant you any rights to use any Memory Tracks Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Memory Tracks Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Memory Tracks grants no right, title, or interest to you in the Memory Tracks Service or Content.

Third party software (for example, open source software libraries) included in the Memory Tracks Service are made available to you under the relevant third-party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

Third Party Applications and Devices

The Memory Tracks Service is integrated with or may otherwise interact with third party Devices to make the Memory Tracks Service available to you. These Third Party Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Memory Tracks does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Device or for any transaction you may enter into with the provider of any such Third Party Devices, nor does Memory Tracks warrant the compatibility or continuing compatibility of the Third Party Devices with the Service.

Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right to allow the Memory Tracks Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service.

If you provide feedback, ideas, or suggestions to Memory Tracks in connection with the Memory Tracks Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Memory Tracks to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Memory Tracks a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

User guidelines

Memory Tracks respects intellectual property rights and expects you to do the same. The following is not permitted for any reason whatsoever:

1.     copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Memory Tracks Service or the Content, or otherwise making any use of the Memory Tracks Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Memory Tracks Service or the Content or any part of it;

2.     using the Memory Tracks Service to import or copy any local files that you do not have the legal right to import or copy in this way;

3.     transferring copies of cached Content from an authorized Device to any other Device via any means;

4.     reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Memory Tracks Service, Content or any part thereof except to the extent permitted by applicable law;

5.     circumventing any technology used by Memory Tracks, its licensors, or any third party to protect the Content or the Service;

6.     selling, renting, sublicensing, or leasing of any part of the Memory Tracks Service or the Content;

7.     circumventing any territorial restrictions applied by Memory Tracks or its licensors;

8.     removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

9.     providing your password to any other person or using any other person’s username and password;

10.  selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

Please respect Memory Tracks, the owners of the Content, and other users of the Memory Tracks Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

15.  is offensive, abusive, defamatory, pornographic, threatening, or obscene;

16.  is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Memory Tracks or a third party;

17.  includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

18.  includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

19.  is intended to or does harass or bully other users;

20.  impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

21.  involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;

22.  involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Memory Tracks;

23.  links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Memory Tracks;

24.  interferes with or in any way disrupts the Memory Tracks Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Memory Tracks’s computer systems, network, usage rules, or any of Memory Tracks’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

25.  conflicts with the Agreements, as determined by Memory Tracks.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that Memory Tracks reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Memory Tracks account. You also agree that Memory Tracks may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.

Please be thoughtful about how you use the Memory Tracks Service and what you share.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

Infringement

Memory Tracks respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please notify Memory Tracks. Memory Tracks may in its sole discretion remove such Content from the Service, or take other steps that Memory Tracks deems appropriate.

Service limitations and modifications

Memory Tracks will make reasonable efforts to keep the Memory Tracks Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Memory Tracks reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Memory Tracks Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Memory Tracks Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

Notwithstanding the foregoing, if you have prepaid fees to Memory Tracks for Paid Subscriptions that Memory Tracks permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Memory Tracks will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Memory Tracks will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Memory Tracks and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

Term and termination

The Agreements will continue to apply to you until terminated by either you or Memory Tracks. Memory Tracks may terminate the Agreements or suspend your access to the Memory Tracks Service at any time, including in the event of your actual or suspected unauthorised use of the Memory Tracks Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Memory Tracks terminate the Agreements, or if Memory Tracks suspends your access to the Memory Tracks Service, you agree that Memory Tracks shall have no liability or responsibility to you, and Memory Tracks will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time.

Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE MEMORY TRACKS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. MEMORY TRACKS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MEMORY TRACKS NOR ANY OWNER OF CONTENT WARRANTS THAT THE MEMORY TRACKS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, MEMORY TRACKS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MEMORY TRACKS SERVICE OR ANY HYPERLINKED WEBSITE, OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS.

NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM MEMORY TRACKS SHALL CREATE ANY WARRANTY ON BEHALF OF MEMORY TRACKS..

WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING MEMORY TRACKS’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MEMORY TRACKS SERVICE IS TO UNINSTALL ANY MEMORY TRACKS SOFTWARE AND TO STOP USING THE MEMORY TRACKS SERVICE. YOU AGREE THAT MEMORY TRACKS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE MEMORY TRACKS SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO MEMORY TRACKS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL MEMORY TRACKS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MEMORY TRACKS SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MEMORY TRACKS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MEMORY TRACKS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MEMORY TRACKS DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND MEMORY TRACKS’S REASONABLE CONTROL.

Nothing in the Agreements removes or limits Memory Tracks’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Memory Tracks, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Memory Tracks only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Other than as stated in this section or as explicitly agreed upon in writing between you and Memory Tracks, the Agreements constitute all the terms and conditions agreed upon between you and Memory Tracks and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Entire Agreement

Severability, waiver, and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Memory Tracks or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Memory Track’s or the applicable third-party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

Assignment

Memory Tracks may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Memory Tracks may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

Indemnification

You agree to indemnify and hold Memory Tracks harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Memory Tracks Service; and (4) your violation of any law or the rights of a third party.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 3 working days.

Contact Us

If you have any questions concerning the Memory Tracks Service or the Agreements, please contact Memory Tracks Customer Service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy Memory Tracks!