IMPORTANT NOTICE: In case of ambiguity, the official versions of the Terms of Service are the ones written in English or Spanish. Versions in other languages are provided just as a reference and may slightly differ in meaning, be less precise in some aspects, or be incomplete due to translation.
Thank you for using thekaosmusic (hereinafter referred to as "we", "our" "the service", "the platform", "the page", "the application" and "the system"). By using thekaosmusic, you agree to abide by and abide by the following terms of service, which govern thekaosmusic.com, our social media pages, forums, and other media related to the brand created or used by us in the future. If you do not agree to these terms of service, you should not use thekaosmusic. Henceforth, by using thekaosmusic, you confirm that you are over 18 years of age, or otherwise, that you have the express consent of your parents or guardians to use the application. These terms of service may be altered at any time without prior notice. We will publish any modification of these terms on this page. By continuing to use thekaosmusic, you agree to abide by and abide by the latest terms of service available on the website.
thekaosmusic and its content, including, but not limited to the graphics, visual interface, design, codes, algorithms and other matters related to the application and the website, are the property of thekaosmusic or its content providers, and are protected by the laws of Copyright in force in Spain and internationally. Redistribution, copying, publication or any other use of such materials in any way that violates said laws is strictly prohibited.
All material that results from processing files with intellectual property of third parties will be limited to their use for non-commercial purposes, or when the derivative work can be considered fair use. For more information on the legitimate use of the material protected by copyright, the user can consult this page.
https://www.copyright.com/blog/music-licensing-fair-use/
By using our page, we provide you with a non-exclusive and non-transferable license to enter the platform, as long as you comply with and abide by our terms of service and other policies. Our platform offers you an opportunity to modify and alter your existing creative material. By using our platform, you acknowledge that this material, which from now on will be called your "work", is your intellectual property, or that you have express authorization from the original author for its treatment on the platform. thekaosmusic does not claim any rights to such material, and the intellectual property and copyright in your work remain yours when using our service. You may not copy, upload or exchange content that is not your intellectual property, unless you have express authorization to do so by the owner or owners of said content. If you violate the copyright or intellectual property rights of others when using our service, thekaosmusic will not be liable in any way for any damage originated by you violating said rights and, by using our platform, you give us the right to terminate or suspend your account due to copyright infringement at any time, at our sole discretion.
Using our platform may require verification or authentication of your personal email or other forms of password encryption to protect the privacy of your account. It is your responsibility to preserve the integrity of such information, and not to share your account or login details with third parties; If third parties gain access to your account, you will be responsible for the use that said third parties make of your account. In a situation where you feel that your account or login information has been obtained without your permission, you must notify us in writing, and change your password as soon as possible.
By using the platform, you agree to use it as an individual, with your intellectual property, and not as an institution, entity or group of individuals operating through a single account. Using our platform with a single account intended to serve other people's intellectual property is strictly prohibited, and constitutes a violation of the Terms of Service agreement.
Additionally, you will be allowed to offer links to the application and its contents, as long as said links are not published on pages with pornographic, obscene, defamatory, or in any way harmful or illegal content. This authorization is granted unless we ask you to stop offering links to our page, from which you will agree to stop offering us such links immediately.
In the event that the application is used in a theme / audio that is released on iTunes, Spotify or other promotional or relevant means, you can include the phrase "Remixed with thekaosmusic.com" in the credits section of said release. By using our platform, you agree to authorize thekaosmusic to use said theme / audio together with your name to promote our free service, without compromising the contractual relationship between the user and the platform.
By using our service, you agree that thekaosmusic will be hosting, exchanging and modifying your intellectual property for a reasonable period of time while you use our platform, and you authorize us, as well as the trustworthy entities with which we work, to make backups, store, and exchange their work with you. We are not responsible for identifying that the content you share with the platform complies with both the following principles and those previously determined.
By uploading your original material to the platform, you also agree that thekaosmusic may use it to improve the quality of the service at its discretion for the services currently provided or any other services it may provide in the future. In this sense, you give full consent to thekaosmusic to develop and train Machine Learning systems and other algorithms based on your data and intellectual property. For its part, thekaosmusic undertakes to use such data exclusively for this purpose, and may not publish it in other media for commercial exploitation purposes. If it is considered that the data collected by this platform could be beneficial for research in the field of Artificial Intelligence for Audio Processing or Music Information Retrieval (MIR) applications in any aspect, you also grant the platform the full right to transfer it free of charge to data centers where these research projects are being developed, even when this action requires your data to leave the European Union and, thus, be subject to different regulations.
Regarding the quality of the results of processing any musical material, thekaosmusic will inform you of the limitations before any charge occurs in your account balance. These limitations include, and are not limited to, the duration, file format, or musical genre of the work. If, after being informed of these limitations, you decide to continue and process your file, you will not be entitled to a refund of the charge if a valid result is generated for the listening. However, if an error is found at the time of processing the file that prevents generating a result (for example, internal errors of the server 500, or page not found 404), an administrator will review the incident and return the charge to the user as soon as possible.
thekaosmusic is constantly working to improve our website. Therefore, thekaosmusic reserves the right to make changes to its page at any time. We also reserve the right to stop the service for periods of time deemed appropriate for maintenance, data migration, or other operational reasons, or to remove the page entirely. If we alter or shut down the service, we will notify you in advance to remove any of your information from the site, if reasonably possible.
If at any time we feel that your account does not comply with our Terms of Service, Acceptable Use Policy, current legislation, or other of the aforementioned policies covered by thekaosmusic, or that threatens the subsistence, confidentiality or intellectual property rights of other people and / or entities, we reserve the right to terminate your account and / or delete other content that you may have shared with the platform. Termination may also occur in the event that your activity subjects us to legal responsibilities, hinders our service to other users, or negatively impacts them.
THEKAOSMUSIC SERVICES, INCLUDING WITHOUT ANY LIMITATION TO OUR WEBSITE, APPS, FORUM, PLUGINS, SOCIAL NETWORK PAGES, ALL SERVICES OFFERED THROUGH OUR WEBSITE OR OTHER APPLICATIONS, ALL INFORMATION, MATERIALS, AND OTHER SERVICES INCLUDED, OR IN ANY WAY MADE AVAILABLE BY THEKAOSMUSIC (HEREIN CALLED "THE OFFERS"), ARE OFFERED "AS IS", "AS AVAILABLE", WITH "ALL FAULTS" AND "WITH ALL THE IMPERFECTIONS ”. BEYOND THOSE EXPRESSED IN THESE TERMS, THEKAOSMUSIC MAKES NO REPRESENTATION OR WARRANTY IN ANY WAY, EITHER EXPRESS OR IMPLIED, ABOUT THE OFFERS MADE AVAILABLE TO YOU. FOR EXAMPLE, THEKAOSMUSIC DOES NOT PROMISE THAT YOUR PAGE IS FREE OF ERRORS, VIRUSES OR PROBLEMS, NOR THAT YOUR SAFETY IS IMPENETRABLE, NOR THAT YOU WILL HAVE ACCESS OR CONTINUOUS OPERATION OF THE PAGE, OR THAT IT IS RESPONSIBLE FOR THE OPERATION OF YOUR PAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEKAOSMUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND COMPATIBILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LEGISLATION, THEKAOSMUSIC AND ITS AFFILIATES ARE NOT LIABLE, AND YOU AGREE NOT TO MAKE US LIABLE, FOR ANY DAMAGE OR LOSS (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR LOSS OF PAYMENT, LOSS OF DATA, FINANCIAL OR CONSEQUENTIAL DAMAGES, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE) THAT RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PAGE, OR YOUR INABILITY TO USE THE PAGE. YOU EXPRESSLY AGREE THAT YOUR USE OF THEKAOSMUSIC IS AT YOUR SOLE RISK AND AT YOUR OWN RISK. HOWEVER, THE FOREGOING, IF THEKAOSMUSIC OR ITS AFFILIATES WERE HELD LIABLE, OUR TOTAL LIABILITY TO YOU OR THIRD PARTIES IS LIMITED TO THE AMOUNT YOU HAVE PAID TO THE PAGE.
By using our service, you agree to defend, indemnify and hold harmless thekaosmusic and its agents, subsidiaries, employees, successors, deputies, advertisers, directors, advisors, shareholders, officers and affiliates (collectively referred to as “Affiliate Parties”) against all and each of the claims, demands, costs, expenses, responsibilities and damages, including legal fees that arise as a result of your use of the page, violations by you to these terms of service or other policies, and / or violations or breaches to intellectual property by or in your place on the page.
3.1. Disclaimer of Liability to Third Parties
By using our platform, you understand that the material and opinions expressed by third parties on our platform do not represent those of thekaosmusic and its affiliates. This third party content does not represent thekaosmusic nor does it reflect our opinions. Any third party content that is published on our platform exclusively represents the thoughts of its original creator, and is not endorsed by us in any way.
3.2. In Case of Unlawful Practices
If at any time we feel that any aspect of this agreement is being violated, we reserve the right to investigate said violations or actions, and to take those actions that seem appropriate to us. These include, but are not limited to disclosing information that we obtain from you through the platform to government agencies and law enforcement agencies.
3.3. Compliance with Legal Aspects
By using thekaosmusic, you agree to abide by and comply with all ordinances, laws (both national and foreign), statutes and regulations that govern your use of the platform, and the material and content offered by it.
3.4. Disputes
If for any reason the claim or dispute were brought to trial instead of arbitration, then both you and thekaosmusic agree to resolve the claim or dispute in court in Santa Cruz de Tenerife, Spain; to submit to the personal jurisdiction of said court, and to waive any right to a jury trial. Regardless of the foregoing, both you and thekaosmusic may file lawsuits in court to prohibit the breach or improper use of intellectual property rights.
3.5. Applicable legislation
By using the page, you agree that, except in the case of inconsistency or that it is prohibited by European law, it will be the national laws of Spain, regardless of the principles of conflicts between laws, that will govern the Terms of Service and any claim or dispute of any kind that may arise between you and thekaosmusic.
3.6. Divisibility
If any of the aforementioned Terms of Service is declared inapplicable, null or invalid, then said terms shall be considered divisible, and shall not affect the applicability of the other Terms of Service.
3.7. General
No aspect of this agreement constitutes an association or joint venture of any kind between you and thekaosmusic, its subsidiaries, agents, employees, relevant parties, directors, advisors, shareholders, officers and / or affiliates.
The latest review of the Terms of Service was performed on
25th March 2020