Terms and Conditions

Goblin Terms and Conditions (Beta)

Effective Date: January 1, 2025
Last Updated: January 1, 2025

Important Beta & Pre-Incorporation Notice

Goblin is currently operated by its founding team and is in an early beta stage. We are not yet incorporated, but these Terms explain how Goblin works, what you can expect from us, and what we expect from you. This is a binding agreement between you and the Goblin founding team. Once we formally incorporate, we'll update these Terms to reflect the legal entity.

By using Goblin, you confirm that you've read, understood, and agreed to be bound by these Terms. If you don't agree, please stop using the Service immediately.

  1. Introduction and Acceptance

Welcome to Goblin ("we," "us," "our," or "Goblin"). These Terms and Conditions ("Terms") govern your access to and use of the Goblin application, website, APIs, and related services (collectively, the "Service").

Age and Account Requirements: You must be at least 13 years old to use Goblin. An Apple Music subscription is optional and unlocks enhanced features such as personalized Vibe Checks based on your listening history. By using Goblin, you represent and warrant that you meet these eligibility requirements.

  1. Account Registration and Security

2.1 Account Requirements

You must:

• Be at least 13 years old.
• Provide accurate and current information.
• Choose a unique username (alphanumeric characters and underscores only).
• Keep your credentials secure and confidential.
• If connecting Apple Music, maintain an active subscription for enhanced features.

2.2 Your Responsibility

You are solely and fully responsible for all activity under your account and for keeping your credentials private. If you connect Apple Music, you are responsible for maintaining that connection and subscription. We may suspend or close accounts at our discretion, including for security or policy violations.

  1. User Content and Comprehensive Licensing

3.1 User Content Definition

"User Content" means any and all content you post, upload, share, or otherwise provide through the Service, including posts, comments, profile information, images, vibe checks, music shares, and any other data you contribute.

3.2 Irrevocable License Grant

By posting User Content or using the Service, you grant Goblin's founding team (and its future affiliates, successors, and assigns) an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, copy, reproduce, distribute, publish, transmit, store, publicly display, modify, adapt, create derivative works from, analyze, aggregate, and otherwise exploit your User Content in any and all media formats, for any purpose whatsoever, including operating and improving the Service, developing new products, research, and machine learning. This license survives the termination of your account.

3.3 Moral Rights Waiver

To the fullest extent permitted by law, you waive all moral rights in your User Content and agree not to assert such rights against us or any third party we authorize.

  1. Data Rights and Platform Intelligence

4.1 Comprehensive Data Usage

We collect and analyze user interactions, listening trends, community behavior, and platform usage metrics to improve recommendations, build analytics, train AI models, and understand trends.

4.2 Ownership of Derived Data and Intelligence

While you own your original User Content, Goblin owns all rights, title, and interest in and to:

• All aggregated, anonymized, or derived data.
• Analytical models, algorithms, and insights identified from user activity.
• Machine learning models trained on platform data.
• Any intelligence or knowledge derived from the Service.

This ownership is absolute and includes all intellectual property rights therein. Anonymized and aggregated data becomes our permanent property, even after your account is closed.

  1. Third-Party Services

Goblin integrates with Apple Music through MusicKit API, which enables music catalog search for all users and enhanced personalized features for Apple Music subscribers. Your use of Apple Music integration is subject to Apple's terms. We are not responsible or liable for third-party service outages, changes, or terminations.

  1. Prohibited Content and Conduct

6.1 Absolute Prohibitions

You are strictly prohibited from posting or transmitting:

• Hate speech, discrimination, harassment, or threats.
• Sexually explicit, pornographic, or inappropriate content.
• Content promoting violence, self-harm, or illegal activities.
• Content that infringes on any intellectual property rights.
• Malware, viruses, or other harmful code.
• Spam, scams, or deceptive content.
• Any content we deem inappropriate in our sole discretion.

6.2 Prohibited Activities

You may not:

• Reverse engineer, decompile, or disassemble the Service.
• Use automated systems, bots, or scrapers to access the Service.
• Attempt to gain unauthorized access to our systems.
• Interfere with or place an unreasonable burden on our infrastructure.
• Harass, stalk, or harm other users.
• Violate any applicable laws or regulations.

6.3 Enforcement and Remedies

We reserve the absolute discretion to remove any content, suspend or terminate accounts immediately without notice, report activities to law enforcement, and take any other action to protect the Service and its users.

  1. Geographic Restrictions

The Service is available worldwide except where prohibited by law or sanctions. Access is strictly prohibited in Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine.

  1. Privacy and Data Protection

By using Goblin, you consent to our data practices as described in these Terms. Users under 13 are strictly prohibited. While we respect applicable privacy laws, you acknowledge that anonymized and aggregated data remains our property permanently and may not be subject to deletion requests.

  1. Intellectual Property Rights

Goblin and its founders own all rights, title, and interest in the Service, including all platform technology, code, branding, user interface designs, and all derived data and analytics. Any feedback or suggestions you provide become our exclusive property immediately upon submission, without compensation to you.

  1. Premium Features and Monetization

We reserve the right to introduce paid features, subscriptions, or advertising in the future. We are not obligated to maintain any features or pricing, and changes may apply to all users.

  1. Comprehensive Disclaimers and Liability Limitations

11.1 Complete "AS IS" Disclaimer

THE SERVICE IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Guarantees or Warranties

WE EXPLICITLY DO NOT WARRANT OR GUARANTEE that the Service will be available, accurate, reliable, secure, or free from errors, bugs, or interruptions.

11.3 MAXIMUM LIABILITY LIMITATION

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 USD OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS LESS. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR LOSS OF GOODWILL.

11.4 Complete Indemnification

You agree to fully indemnify, defend, and hold harmless the Goblin founding team from and against all claims, losses, expenses, damages, and costs (including attorney fees) resulting from your use of the Service, your User Content, or your violation of these Terms.

  1. Account Termination

We may suspend or terminate your account immediately, without notice or liability, for any reason or no reason, including for violating these Terms. Upon termination, your right to use the Service will cease immediately. We retain all rights to derived and aggregated data post-termination.

  1. Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Until we are formally incorporated, any dispute arising from these Terms will be handled individually. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT. Arbitration rules may apply once we are incorporated.

  1. General Provisions

These Terms constitute the entire agreement between you and the Goblin founding team. We may modify these Terms at any time, and your continued use of the Service after a change constitutes acceptance. If any provision is found to be invalid, the remaining provisions will stay in full effect. We may assign these Terms upon formal incorporation of Goblin.

  1. Contact

For questions about these Terms, please email: info@goblinmusic.club

Final Notice: Thanks for being part of the Goblin beta. These Terms are here to protect the community and help us grow responsibly. By using Goblin, you acknowledge you have read, understood, and agreed to be bound by them.

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