1. Acceptance of Terms

By accessing or using Melodia's services, including browsing, downloading, and interacting with content, you agree to comply with and be bound by these Terms of Service, along with our Privacy Policy and any additional terms applicable to specific features. If you do not agree to these terms, you should not use Melodia.

2. Changes to the Terms

Melodia reserves the right to update or modify these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting. Continued use of the platform constitutes your acceptance of any changes. We encourage you to review the terms regularly.

3. Eligibility

Melodia is available to users of all ages. However, if you are under 18 years old, you must have your parent or legal guardian’s consent to use the platform. By creating an account, you represent that you either meet this age requirement or have received the appropriate consent.

Parents or guardians who provide consent for a minor are responsible for the minor’s use of the platform and compliance with these Terms of Service.

4. Account Registration and Security

You must create an account to access certain features of Melodia, including downloading music and using advanced features. You agree to provide accurate and complete information during the registration process and to update this information to keep it accurate. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to notify Melodia immediately of any unauthorized use of your account.

5. Content and License

5.1 User Rights and Obligations: Upon downloading music from Melodia, you are granted a limited, non-exclusive, non-transferable license to use the tracks in your content, provided that your use complies with these terms and the specific Creative Commons license associated with each track. You agree to abide by the terms of the particular Creative Commons license attached to each track.

5.2 Creative Commons License Compliance: IIt is your responsibility to review, understand, and comply with the Creative Commons license governing each track you use. Melodia provides the licensing information for each track, but you acknowledge that misuse of the license may result in legal consequences, for which you alone are responsible. Additionally, you understand that third-party platforms (such as YouTube, TikTok, or Instagram) may flag or remove content using a track downloaded from Melodia. Melodia is not responsible for any such platform actions, and users bear full responsibility for ensuring their content adheres to the policies of those platforms. Melodia does not guarantee that any track labeled as Creative Commons will remain free from claims or takedowns by copyright holders.

5.3 Prohibited Uses: You are not permitted to:
- Use the music for illegal activities or hate speech.
- Use tracks in violation of their respective Creative Commons licenses.
- Sub-license, transfer, sell, or assign any of the licensed tracks to third parties.
- Use tracks in media with explicit adult content, violence, or defamatory content.

5.4 Third-Party Content and Responsibility:
Melodia provides tracks that have been labeled by artists as Creative Commons. While we strive to ensure accuracy, it is possible that some tracks may contain proprietary elements such as lyrics, melodies, or samples that the artist does not have the rights to license under Creative Commons.

By using Melodia, you acknowledge that:

• Melodia does not guarantee that all tracks labeled as Creative Commons are free from proprietary elements or legal restrictions.
• You are responsible for ensuring your use of the music complies with all applicable laws and does not infringe on third-party rights.
• Melodia is not liable for any claims, damages, or disputes arising from the mislabeling or misuse of any track on the platform.
• Melodia is not responsible if a platform (such as YouTube) flags or removes content containing a track downloaded from Melodia, and users assume full liability for any resulting issues.

6. Intellectual Property

All content available on Melodia, including music, graphics, text, and logos, are the property of Melodia or its licensors and are protected by copyright, trademark, and other intellectual property laws. Users may not reproduce, distribute, or create derivative works from Melodia’s content unless expressly permitted by the applicable Creative Commons license.

7. User-Generated Content

Melodia may allow users to provide feedback, comments, or reviews. By submitting content, you grant Melodia a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content in connection with the platform. You represent that your submitted content does not violate any third-party rights or applicable laws.

8. Creative Commons and User Responsibility

Melodia is not responsible for any misuse of the tracks by users. By downloading and using the tracks, you agree to comply with the applicable licenses, including but not limited to Creative Commons licenses, and you are solely responsible for any misuse or violation of the terms of these licenses. You acknowledge that Melodia does not verify the accuracy of the licensing information provided by artists and does not guarantee that tracks labeled as Creative Commons are free from copyright claims. Users assume full responsibility for verifying the licensing terms and ensuring their compliance.

9. Termination

Melodia reserves the right to terminate or suspend your access to the platform at any time for violation of these terms or for any other reason deemed necessary. Upon termination, your license to use downloaded content is revoked, and you must cease all use of the content.

10. Disclaimers

Melodia provides the platform on an “as-is” and “as-available” basis. We do not guarantee the accuracy, completeness, or usefulness of any content on the platform, nor do we guarantee uninterrupted or error-free access. Melodia disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Melodia does not guarantee that tracks labeled as Creative Commons are legally sound or free from proprietary elements. Users download and use tracks at their own risk. If a platform such as YouTube, TikTok, or Instagram flags a track for copyright reasons, Melodia bears no responsibility. Users are solely responsible for ensuring their content adheres to the licensing terms and any platform policies.

11. Limitation of Liability

Our total liability for any claims arising under these terms will not exceed the amount, if any, paid by you for access to Melodia’s services during the 12 months prior to the claim or, if no payment has been made, the minimum amount permissible under applicable law.

12. Indemnification

You agree to indemnify and hold harmless Melodia, its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of your use of the platform, your violation of these terms, your failure to comply with Creative Commons licenses, or your violation of any rights of another.

13. Governing Law

These terms are governed by the laws of the state of California, United States, without regard to conflict of law principles. Any disputes arising under these terms will be resolved in the courts of California.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at hi@melodia.io.