1. THIRD PARTY AGREEMENTS
You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to, Apple, Google, or any mobile carrier), and that Company is solely responsible for the Mp3oga Services.
Your use of the Mp3oga Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft), your mobile device manufacturer (e.g., Apple, Samsung), your mobile service carrier (e.g., MTN, Vodafone or AT&T), and other parties involved in providing your mobile device service.
Third party operating system providers such as Apple, Infinix and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the Mp3oga Services. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.
2. Mp3oga SERVICE TERMS
The Mp3oga Services allow you to make payments to purchase wallet units which would be used to place adverts and promote your contents. You may use the Mp3oga Services on your mobile device, or, if you are a registered user, you may transfer wallet units to another user without the platform. You may earn wallet credits when you post on various sections of the website.
Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the Mp3oga Services or that a sender or a recipient can or will complete a transaction.
2. Eligibility and Account Registration
We offer one type of account, which is the personal account but can be used by businesses. You may have multiple personal account. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know.
4. Transaction History
You may view your account activity or history by logging into your Mp3oga Dashboard / App.
5. Deposits History
You may view your deposit activity or history by logging into your Mp3oga Dashboard / App.
6. Wallet Top Up
i. Wallet Topup
We may, at our discretion, increase minimum amount that can be deposited into your wallet to use the Mp3oga Services. These increase may change from time to time in Company’s sole discretion.
ii. Funding Sources
Your Mp3oga balance consists of the funds you have in your Mp3oga account that are available for new top up, credits earned from posting an approved content and are not subject to pending transactions. When you place adverts on Mp3oga Services, we first see if your Mp3oga balance can cover the transaction. You may also be able to fund payments with transfer from a user account or administrator account and or Credit/Debit card. We always use your Mp3oga balance to cover your payment and not your stored card.
iii. Fees for Transfer Wallet Credits
Mp3oga is free to use and you will not be charged a fee by us for any action or transaction you make on Mp3oga. However, we reserve the right to charge a fee for our services in the future. If we do, we will notify you and provide a grace period before any fees are implemented.
7. Payment Investigation
Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Company will place a hold on your account and may provide notice to the recipient.
8. Risk of Reversals, Chargebacks and Claims
When you receive a payment, you are liable to Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
9. Transferring Funds out of Mp3oga
You may not be able to request withdrawal or transfer funds out of your Mp3oga account, you can only use the ads for advertising and sponsorship.
10. Closing Your Account
How to Close Your Account As long as there are no pending adverts, you may close your account at any time. You may close your account by emailing us at music@Mp3oga.com and requesting that we close your account. It may take up to 7 days for your account closure to be complete.
GENERAL TERMS AND CONDITIONS.
1. Notices to You
You agree that Company may provide notice to you by posting it on our website and internet properties, or by emailing it to the email address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered
2. Mp3oga Websites
The Company’s Mp3oga websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.
4. Intellectual Property “Mp3oga.com”, “Mp3oga”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the Mp3oga website and any content thereon is the exclusive property of Company and its licensors. Certain other product or service names, brand names and company names may be trademarks of their respective owners.
6. Loss or Theft of Account Information and PIN If you believe that any of your Mp3oga account registration information or PIN containing the Mp3oga Website/App has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Company via the Contact Us information below or by email to music@Mp3oga.com
7. Notification Requirements
You should immediately notify Company if you believe:
i. There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
ii. There is an error in your transaction history or your transaction confirmation sent to you by email;
iii. Your password has been compromised;
iv. You need more information about a transaction listed in your transaction history or transaction confirmation email. For Unauthorized Transactions or Other Errors in your account, notify us as follows:
v. By emailing us at music@Mp3oga.com; or
vi. Telephone Mp3oga Service. When you notify us, provide us with all of the following information:
vii. Your name, and the email address registered to your account;
viii. A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
ix. The amount of any suspected Unauthorized Transaction or Other Error.
If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.
8. Processing Errors
We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Company will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Company will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
9. Restricted Activities
In connection with your use of our website, your account, or the Mp3oga Services, or in the course of your interactions with Company, a user or a third party, you will not:
i. violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
ii. use the Mp3oga Service to test credit card behaviors;
iii. act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
iv. provide false, inaccurate or misleading Personal Information;
v. send or receive what we reasonably believe to be potentially fraudulent funds;
vi. refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
vii. attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
viii. use an anonymizing proxy;
ix. control an account that is linked to another account that has engaged in any of these restricted activities;
x. control or possess more than one account without authorization from Company;
xi. conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
xii. use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
xiii. disclose or distribute another Mp3oga user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
xiv. send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
xv. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
xvi. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
xvii. use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
xviii. use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
xix. take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
10. Acceptable Use
You agree you will not use the Mp3oga Services to violate any law, statute, ordinance, or regulation relating to but not limited to sales of:
i. counterfeit goods;
ii. narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
iii. drug paraphernalia;
iv. items that encourage, promote, facilitate or instruct others to engage in illegal activity;
v. items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
vi. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
vii. ammunition, firearms, or certain firearm parts or accessories; or
viii. certain weapons or knives regulated under applicable law; You further agree that you will not use the Mp3oga Services to conduct transactions that:
ix. show the personal information of third parties in violation of applicable law;
x. support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
xi. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
xii. are for the sale of certain items before the seller has control or possession of the item;
xiii. are by payment processors to collect payments on behalf of merchants;
xiv. prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
11. Legal Compliance
You are solely responsible for ensuring that your use of the Mp3oga Services is in conformance with applicable federal, state and local laws and regulations.
12. Your Liability – Actions We May Take
You are solely responsible for ensuring that your use of the Mp3oga Services is in conformance with applicable federal, state and local laws and regulations.
13. Account Closure, Termination of Service, or Limited Account Access
If we limit or ban or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion. You may stop using the Mp3oga Services at any time or may close your accounts by contacting us. Company, in its sole discretion, reserves the right to terminate the Mp3oga Services, to terminate this Agreement, or to terminate your access to the Mp3oga Services for any reason and at any time. If we terminate or limit your use of our Mp3oga Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
14. Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, you assume all responsibility for your use of the Mp3oga Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the Mp3oga Services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company, any third party, or any of the Covered Third Parties. Neither Company, nor any third party, nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device. COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE Mp3oga SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network. None of Company, any third party (including, without limitation, the Bank or Shift), or the Covered Third Parties, or any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose. Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so. Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or international mail service among others.
You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Mp3oga Services.
16. Release of Company
If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
17. Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the Mp3oga Services after a new Agreement has been posted, you agree to the revised Agreement.
In the event of termination of this Agreement or the Mp3oga Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
19. Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
If you have questions or concerns regarding this Agreement or your Mp3oga account, or any feedback that you would like us to consider, please email us music@Mp3oga.com