TERMS OF USE / PRIVACY POLICY / FAQ
FAQ
What is a download gate?
A download gate is a landing page for our music (or other type of content), where we trade a free download in exchange of social support (follow the author and collaborators on SoundCloud or MixCloud, like songs and etc.).
What is a smart link?
A smart link is a landing page for our music, where we list all of the links to online music stores and streaming services, that a certain song or album is available in.
Why and when do you need access to my account?
We need this only for our download gates. Each time you want to download something from our catalog we are going to ask you to give permissions to our web APP to connect to your SoundCloud/Spotify/YouTube or MixCloud profile. For each download gate there are certain actions you need to do in order to unlock the free download (like songs, like videos, follow profiles, subscribe to channels and etc.). We call those "gate rules". Once you click the download button and authorize the connection our APP is going to automatically fulfill the gate rules for you (you are going to follow the listed artists, profiles, like the listed songs and etc.). Your download will be unlocked after that.
Do you extract and store any personal information?
On download gates
To get a basic idea of who you are we do store your current display name in our database (we extract that from the authorized profile). Please note, that this is NOT your unique user name or channel ID (if you have connected with YouTube). We do not store any sensitive personal information like your unique user name, email, profile/channel ID, gender, street address, real name and etc. Display names are not unique and can be (in most cases) changed often, so we decided, that this is the only information we would need to keep track of who is downloading our music. We do keep track of where our downloads are comming from, but we never extract and store any location information from your authorized account (like your street adress). However, we do analyze your IP address and try to guess from wich country and city you are downloading. For example, if you want to download via Mixcloud and give our APP access to your mixcloud account where you entered "Denver - Colorado" as your location, but you are right now in New York, our system will store "New York" as the origin of the download.
On smartlinks
To get a basic idea of who you are and where the clicks are coming from, we do analyze your IP address and try to guess your current location (country and city).
What if I already follow the author and collaborators on a given platform.
Each time you want to download something you will see a list of all the artists you need to follow, channels you need to subscribe to, songs and videos you need to like. If you have already fulfill some of thease "gate rules", then our APP will skip them when you authorize the connection and you will still get the free download at the end.
TERMS & PRIVACY
We use loading gates for Google, Spotify, Deezer services. Our site penseesmusic.com does not store or use your usernames or passwords. The site is a means to download our music for free. Official API tools are used.
Please read these Terms of Service (the “Terms”) carefully because they govern your use of our download gate platform (the “Site”). To make these Terms easier to read, the Site and our online platform are collectively called the “Services”. By using the website or Service and by agreeing to our Terms & Conditions, you are accepting that we collect and use information that may be associated with you as described in this policy.
AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
CHANGES TO TERMS OR SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
ELIGIBILITY
If you are 13 years or older and not barred from using the Services under applicable law, you may use the free features of the Services.
AUTHORIZATION, PERMISSIONS AND YOUR INFORMATION
If you want to use certain features of the Services (unlock a free download) you will have to authorize our web APP and give it access to your YouTube, Spotify, MixCloud or SoundCloud account. Once you agree and connect our APP will do some actions on your behalf. We call those actions "gate rules" and they are always listed in the landing page before the download button. Those actions can be some of the following:
- follow author and collaborators on SoundCloud (up to 3)
- like songs on SoundCloud (up to 3)
- subscribe to author's YouTube channel
- subscribe to other YouTube channels (a collaborator channel, promotion channel etc.)
- Like videos on YouTube (up to 2)
- Follow author and collaborators on Spotify (up to 3 artist profiles)
- Follow a playlist on Spotify
- Add songs on Spotify (up to 3)
- Like a mix on MixCloud
- Repost a mix on MixCloud
- Like and repost a mix on MixCloud
- Follow author and collaborator on MixCloud (up to 2 profiles)
WE DO NOT DO ANYTHING ELSE WITH YOUR ACCOUNT AND WE WILL ONLY DO THE ABOVE ACTIONS IF YOU GAVE US THE PERMISSIONS.
To keep a basic idea of who you are we do extract and keep your current display name. WE DO NOT EXTRACT AND STORE ANY SENSITIVE DATA like your unique user name, profile url or id, channel id, real name, street address, gender, followers count, subscribers count and etc.
To keep a track of where the downloads are comming from we do analyze the IP address of each downloader and try to guess his/hers current location (country and city name only). WE DO NOT EXCTRACT ANY LOCATION INFORMATION from your SoundCloud, MixCloud, YouTube or Spotify profiles.
IP ADDRESS INFORMATION
This platform automatically receives and records information from your web browser when you interact with the Services. This information includes your IP address. The information is used to improve the functionality of the Services, e.g. to help us understand how our users access our website, to help us fight spam and malware, to facilitate our collection of data regarding our users' interaction with the Services and the referring websites.
This platform collects statistical information regarding the use of the Service by visitors. Part of the information used to create the statistics is derived from personal information, such as your IP address, which is considered personal information, which tells us where you are located geographically.
RIGHTS IN CONTENT GRANTED BY THE WEBSITE OWNER
Subject to your compliance with these Terms, the website owner grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
YOUR USE OF THE PLATFORM
Subject to your strict compliance with these Terms of Use and our Community Guidelines, the owner of this website grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”).
You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content.
1. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licences selected by the Uploader).
2. You must not use any Content in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
3. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
4. You must not use or attempt to use another person's account, password, or other information for authorization, unless you have express permission from that other person.
5. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by the creator of this platform; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach the drop’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of the owner of the Site under these Terms of Use, the owner reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that we have the right, in our sole discretion, to ban you from the website or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
THIRD PARTY WEBSITES AND SERVICES
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
The Site does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, The Site does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by The Site with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
The Site disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Site with respect to the content or operation of any External Services.
For any questions, please contact the administrator via email -
guavasound@gmail.com
