Effective June 18th, 2019

These Terms of Use (the “T&C”) shall govern the use of the Backlink service (the “Services”). By using the Services, you hereby agree to be bound by these T&C and by the Believe’s privacy policy (“the Believe’s Privacy Policy”). The term “End User” shall refer to any individual or entity who accepts these T&C by using the Services.

BELIEVE RESERVES THE RIGHT TO STOP PROVIDING THE SERVICES TO ANY END USER THAT VIOLATES THESE T&C. If you are an individual, you represent and warrant that you are at least 18 years of age as of the use of the Services.

No conditions other than those set forth in this T&C shall be binding on Believe unless expressly agreed to in writing by Believe. Believe will not be bound by conditions set forth by or on behalf of the End User.

1. Use of the Services

Services may include features which allow End User (i) by clicking on a link provided under the Services, to log in with their music service accounts (such as Spotify or Deezer for example) or other social media account (the “End User Account”); and/or (ii) to pre-save an album or a track which has not yet been released in order to get it in the End User Account as soon as it is released; and /or (iii) receive recommendations from Believe on artists and albums or tracks.

The Services can be provided by means of third-party sites, applications or services, that may include: advertising campaigns and/or smart links, by means of which the End User can link to third party’s websites or services.

Believe shall have absolute discretion as to whether or not it approves a particular End User for use the Services.

End User is solely responsible for her/his personal data obtained from the Services by Believe or for Believe’s benefit (“Personal Data“). Without limitation, End User (a) accepts the Believe’s Privacy Policy and that such Believe’s Privacy Policy may apply to the Services and Personal Data; (b) is solely responsible for obtaining all data subject consents. In particular, with regards to Personal Data, End User accepts its collection (including from the End User Account), transfer, storage, use and destruction, and that third-party service providers may be located outside the country of the End User and may collect and process Personal Data

While you shall generate, by the Services, log files and statistics relating to you or to any content used by you (collectively “User Data”), you grant Believe a non-exclusive right to use the User Data, including reports, for any purpose. You agree that Believe use of any User Data shall be subject to Believe Privacy Policy in connection with the provision of the Services. Notwithstanding the foregoing, any non-personally identifiable information about users of Services collected, compiled, generated, processed or used by Believe and/or any analytical or statistical data created by Believe and/or any service providers on its behalf (“Other Data”) shall not constitute User Data and Believe shall own the Other Data and have full rights to use and/or commercialize the same.

Believe (a) has an appropriate privacy policy that complies with applicable laws and regulations relating to Personal Data, and states that third-party service providers may be located outside the country of the End User and may collect and process Personal Data; (b) is solely responsible for taking actions to ensure that such use of Personal Data in connection with the Services, including without limitation its use as set forth in the Believe Privacy Policy, complies with applicable laws; (c) must not circumvent any privacy features (e.g., an opt-out) that are part of the Services. Believe shall use its reasonable commercial efforts to ensure that any third party accessing the Personal Data and/or statistical data on behalf of Believe will make no use of such data in ways not permitted under the T&C, the Believe Privacy Policy, nor any use of such data for their own purposes.

Believe reserves the right to refuse service to any new or existing End User at any time, in its sole discretion, with or without cause. Believe reserves the right, in its sole discretion and without liability, to reject any link for any reason at any time, with or without notice to the End User and regardless of whether such link was previously accepted or published through the Services.

2. End User’s Representations and Warranties – Indemnification

End User represents and warrants that:

  • End User is the owner or is licensed to use the End User Account and collateral information;
  • The Personal Data collected under this T&C, including from any End User Account, are Personal Data of the End User or the End User IS authorized to allow Believe to Use it.
  • End User complies with these T&C
  • End User Account is not in violation of any obligation, contract, agreement, or laws, by accepting this T&C, by performing its obligations hereunder, or by authorizing and permitting Believe to perform its services hereunder. End User has the unrestricted power and authority to enter into and perform its obligations under the T&C;
  • End User will not (i) violate any law, statute, ordinance, treaty, order, decree, regulation (including but not limited to false advertising or unfair competition under the law of any jurisdiction), give rise to criminal or civil liability or infringe upon any copyright, patent, trademark, or service mark, trade secret rights, or any other personal, moral, contract, property or privacy right of any third party (collectively “Unlawful Conduct”); and/or (ii) encourage conduct that would constitute Unlawful Conduct.

End User agrees to indemnify, defend and hold Believe, its third party providers, and their respective affiliates, employees, officers, agents, directors, and representatives, harmless immediately upon first demand of Believe from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) End User ‘s breach of any representation or warranty made in these T&C, or (ii) any allegations of or proceedings for libel, defamation, violation of privacy or publicity rights, copyright infringement, or other infringement of any third party right, fraud, misrepresentation, or violation of any law, statute, rule, or regulation throughout the world in connection with the use of the Services; (iii) the breach by End User of any of these T&C. End User further agrees that any compromise or settlement of such disputes will contain a complete, express, and unconditional release of Believe. The provisions of this Section shall survive the termination or expiration of the T&C.

3. Believe’s Limitation of liability

THE PERFORMANCE OF THE SERVICES PROVIDED BY BELIEVE, ITS USE AND THE RESULTS OF SUCH USE, ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BELIEVE MAKES NO WARRANTY (INCLUDING WITH RESPECT TO THE SERVICES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEE, REPRESENTATION, PROMISE, STATEMENT, OR OTHER INDUCEMENT, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. BELIEVE DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES.

BELIEVE IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. BELIEVE WILL USE DILIGENT EFFORT TO MEET SCHEDULED DELIVERY BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.

BELIEVE SHALL NOT BE LIABLE FOR ANY PUNITIVE OR INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, INCLUDING, (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS, LOSS OF OPERATION TIME, AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THEIR POSSIBILITY. BELIEVE’S TOTAL LIABILITY, IF ANY HEREUNDER, SHALL BE LIMITED TO A LUMP SUM OF 100€.

In addition to the foregoing, Believe assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. Believe is not responsible for any problems or technical malfunction of phone network, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Service. UNDER NO CIRCUMSTANCES SHALL BELIEVE BE RESPONSIBLE FOR ANY PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY END USERS OF THE SERVICES.

4. Believe’s Proprietary Rights

Believe expressly reserves all rights, title and interest in and to the Services, any Believe content and all processing, analytics, and other software and technology used by Believe to provide the Services (collectively “Believe Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the Believe Technology developed on or on behalf of Believe, and any copyright, patent, trademark, service mark, logo or other intellectual property right pertaining thereto. All Believe Technology and Services are the exclusive property of Believe or its authorized agents and are protected by copyright laws. End User will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Believe Technology and Services. All trademarks belong to their respective owners. Nothing in these T&C grants you any right to use any trademark, logo, or name of Believe or any third party.

The compilation (meaning the collection, arrangement, and assembly) of all content on the Services is the exclusive property of Believe and is also protected by international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Services is strictly prohibited. Furthermore, you will not, nor will you allow or direct any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate or use any content on the Services without the express prior written consent of Believe.

You may not or attempt to (a) decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (c) use any manual or automatic device or process (as robot, site search or retrieval service) to retrieve, index, data-mine, or in any way reproduce or circumvent the structure or presentation of the Services; (d) collect or mine information about users of the Services; or (e) use or access another user’s account or password.

5. Waiver; Severability; Assignment;

The waiver by either party of a breach or right under these T&C will not constitute a waiver. If any provision of the T&C is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these T&C, which will remain in full force and effect.

End User may not resell, assign, or transfer any of its rights hereunder without the express prior written consent of Believe. Believe may assign any of its rights and obligations under the T&C to a third party without the End User ‘s consent.

These T&C set forth the entire agreement between the parties and supersede any prior proposal, agreement or representation between the parties regarding the subject matter contained herein. Believe reserves the right to change these T&C at any time without notice. You are responsible for complying with any changes within 10 days of the date of change.

6. Law and Jurisdiction

The T&C shall be governed by and construed under the laws of France without regard to conflict of laws principles. Any action to be brought in connection with these T&C or the Services shall be brought exclusively in the courts in Paris (France) and you irrevocably consent to their jurisdiction. Any cause of action against Believe must be brought within one (1) year of the date such cause of action arose.