Terms and conditions

These terms and conditions of use for whistle website and the software application Whistle player music ("Application", "the app", "the application", "the Services"), available on Google Play Store, constitute a legal agreement and are entered into by and between you ("the user") and WHistle Player Music. ("we", "us", "our").


The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, "Terms and Conditions"), govern your access to and use of, the Website and the Application (collectively, "Services", "Service"), including any content and functionality offered on, or through, the Services.


BY USING THE SERVICES, OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY , INCORPORATED HEREIN BY REFERENCE.


IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.


By using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us, and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.


We reserve the right in our sole discretion to revise and update the Terms and Conditions from time to time.


All such modifications are effective immediately upon posting and apply to all access to and continued use of the Services.


You agree to periodically review the Terms and Conditions to be aware of any such modifications and your continued use of the Services after such modifications shall constitute your acceptance of them.


The information and material on the Services, and the functionality of the Services, may be changed, withdrawn or terminated at any time in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us.


We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Services, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto. To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Services will be unavailable to you, due to maintenance.




Important


Whistle Player Music is a cross-platform media center born to simplify the management, presentation, and playback of YouTube videos (or other free third-party platforms contents) by using a simple user-friendly interface.


Whistle Player Music does not contain, in its servers or architectures, any copyrighted content or media.


The app does not and never will independently distribute any copyrighted song or media content through its Services.


The user is obliged to view and access only content for which he or she has viewing rights.


The user may only stream video contents from YouTube platform (or other third-party platforms) that are not limited by YouTube (or other third-party platforms, i.e. region-restricted videos) or for which he or she holds the rights of viewing and use (according to YouTube Terms & Conditions, or the Terms & Conditions of other third-party services which the user adopted inside the app).


The user accepts to use Whistle Player Music for its own personal, non-commercial purposes only.


We do not endorse or support the stream of copyrighted material without the permission of the respective owners.


Any misuse of the app to illegally view content that would otherwise be paid for is not approved by Whistle Player Music and any copyright infringement is solely attributable to the end user.


Users who do not respect the Terms and Conditions may see their account terminated and be prohibited from accessing Whistle Player Music.




Copyright


All images, content, logos and trademarks are the property of their respective owners.


You understand and agree that the Services and the entire contents, features and functionality that comprise the Services, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws, including without limitation, copyright, trade-mark, patent, trade secret and any other proprietary rights.


You may only use the Services for your personal and non-commercial use, and only for lawful purposes and in accordance with these Terms and Conditions. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, in any form or medium whatsoever, except that: (a) your device and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; (c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by these Terms and Conditions, in respect of your use of such downloads; and (d) if social media platforms are linked to certain content on, or in, the Services, you may take such actions as the Services and such third-party social media platforms permit.


Users are not permitted to modify copies of any materials from the Services, nor to delete or alter any copyright, trade-mark, or other proprietary rights notices from copies of materials from the Services. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.


If you print, copy or download any part of the Services in breach of these Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Services or to any content on, or in, the Services, and all rights not expressly granted are reserved by us. Any use of the Services that is not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trade-mark, and other intellectual property or other proprietary laws.


We reserve the non-expiring right to use and disclose (for commercial purposes or otherwise) the textual and numerical statistical portion of all data in the Services at any time, to conduct analysis for industry trends. Whistle Player Music is a viewer (browser) of video contents from YouTube (or other third-party platforms) and does not store nor hold any content in its infrastructure. The app simply creates a user friendly interface between the user and the YouTube platform (or other third-party platforms).


Whistle Player Music is not responsible for the content displayed since all of it comes from the YouTube platform (or other third-party platforms).


In any case we respect the intellectual property rights of our artists and content providers. If you are a copyright holder who believes that any content available on the app infringes upon your rights, please let us know.


Notice of alleged copyright infringement should be sent to Whistle Player Music’s designated copyright agent at the following address: corporation.whistle@gmail.app


A notification of claimed copyright infringement must be addressed to Whistle Player Music’s copyright agent listed above and substantially include the following:


  • A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed upon;
  • Specific identification of each copyrighted work claimed to have been infringed upon;
  • An in-app screenshot or a proof of the material claimed to be infringed upon;
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
  • Whistle Player Music may, in accordance with our own policy, terminate the accounts of users who are found to be repeat infringers of copyright.


Since we believe it is important to protect copyright we also offer a service to protect the works of content creators and copyright owners.


The service we offer is described below:


If the owners of copyrighted material want to ensure that their videos are not shown on our platform, they simply have to send an email to corporation.whistle@google.com specifying the YouTube channels for which they have the rights and which they do not want to be shown in our service. In case the request is legitimate, we will take care as soon as possible to remove and not show such content on our service. The content, in this case, will remain available only on the YouTube platform (or other third-party platforms). 


Conditions of Use and User Submissions and Site Content Standards


You warrant and agree that your use of the Services shall not:


(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trade-mark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.


(b) In any manner violate the terms of use of any third-party website that is linked to the Services, including but not limited to, any third-party social media website.


(c) Include or contain any material that is determined to be exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory, based on race, sex, religion, nationality, disability, sexual orientation, or age or any other such legally prohibited ground, or be otherwise objectionable, such determination to be made in our sole discretion.


(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way, by exposing them to inappropriate content or otherwise, or ask for personal information as prohibited under applicable laws, regulations or codes.


(e) Involve, provide or contribute any false, inaccurate or misleading information.


(f) Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).


(g) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.


(h) Fraudulently represent online advertisement impressions, clicks, conversion or data events, in order to generate revenue, or for any other purpose.


(i) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability.


(j) Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, or alarm any other person.


(k) Promote any illegal activity, or advocate, promote, or assist any unlawful act.


(l) Give the impression that anything you do or say is endorsed by us or any other person or entity, if this is not the case. 


Monitoring and Enforcement, Suspension and Termination


We have the right, without provision of notice to:


  • Take appropriate legal action, including, without limitation, referral to law enforcement or any regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Services.
  • Terminate, restrict or suspend your access to all or part of the Services, for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS Whistle Player Music. AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN (OR NOT TAKEN) BY Whistle AND ANY OF THE FOREGOING PARTIES, RELATING TO ANY INVESTIGATIONS BY EITHER Whistle OR SUCH PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES. We have no obligation, nor any responsibility to any party, to monitor the Services or their use. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party, subject to applicable laws. 



Service status and service interruption


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Whistle Player Music is committed to providing the most reliable service possible, but reserves the right at any time to terminate it without notice for technical or organizational reasons. Whistle Player Music is not responsible in case of malfunction of third party services to which the app connects. Whistle Player Music is not responsible for the accuracy of the data displayed. Whistle Player Music is not responsible for the termination of certain functions. Whistle Player Music is not responsible for any loss of data such as "playlist", "videos" and all settings regarding the app. You agree to have access to the "as is" service, knowing that functionality may be added or removed at any time. 



Third-Party Websites


For your convenience, the Services may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Services. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.


Such links to third-party sites from the Services may include links to certain social media features that enable you to link or transmit on your own, or using certain third-party websites, certain content from the Services. You may only use these features when they are provided by us and solely with respect to the content identified by us. 


Consent to Electronic Communication When you visit the Website or use the Services, or send email or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text messages or by posting notices on, or through, the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and/or signed. 



Disclaimer of Warranties


YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER whistle NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER whistle NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, REPRESENT OR WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICES, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES. 



Limitation on Liability


EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL whistle NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF SUCH HARM OR LOSSES. 





Waiver


No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or these Terms and Conditions, and, where applicable, you also agree to opt-out of any class proceedings against us or our licensors. 



Severability and Survival


If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Any provision of these Terms and Conditions that must survive to fulfill its essential purpose (whether expressly stated as such or not) and any obligation you have to pay fees incurred before termination, will survive the termination of these Terms and Conditions. 



Entire Agreement


These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us, regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 



Reporting and Contact


If there are any questions regarding these Terms & Conditions, you may contact us using the information below.


Whistle Player Music

corporation.whistle@gmail.com




Last Edited on 2022-02-06