Acceptance of TermsLast Updated: October 28, 2013
1. Member Conduct
You agree that you will only access myTouchTunes through the interfaces we provide. You agree not to "hack" our services or systems, reverse-engineer myTouchTunes, take any action that could have the effect of damaging myTouchTunes or its security or interfere with other users' use of myTouchTunes, either on the web, through any mobile applications that we provide, or through a TouchTunes jukebox. You also agree not to cause or allow any computerized or mechanical process (including web spiders or robots on the Internet or photography or audio recording at myTouchTunes jukeboxes) to access myTouchTunes or to collect content from myTouchTunes.
Whenever we ask you for personal information in a registration form or elsewhere on myTouchTunes, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. You agree to inform us of any information you provide that you do not wish to be made available to other users of myTouchTunes by entering your preferences through the "Edit Personal Profile" option on the "myAccount" menu on the myTouchTunes web site. If you want us to keep any information private and are unable to indicate that preference through the "Edit Personal Profile" section, you can also e-mail us using our contact form.
3. Our Intellectual Property
You agree to use myTouchTunes only for your own personal and non-commercial use. We do not grant you a license to use myTouchTunes for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit or in any way exploit any part of myTouchTunes without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of myTouchTunes over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of myTouchTunes, please contact us.
All rights in the product names, company names, trade names, logos, product packaging, and designs of all TouchTunes or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to TouchTunes or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on myTouchTunes confers on you any license or right under any patent or trademark of TouchTunes or any third party.
4. User Content and Communications
myTouchTunes contains features that allow users to post their own content and communicate with others. When your account is used to submit, post, or add content to myTouchTunes, or communicate with other users through myTouchTunes (collectively, "User Submissions"), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.
When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called "moral rights" in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium or technology now known or later developed.
myTouchTunes has online, mobile and jukebox platforms that are accessed by a community of users across the country, and we require all users to be good neighbors. By using myTouchTunes, you agree that none of your User Submissions will:
- infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
- contain false statements or misrepresentations that could damage TouchTunes or any third party;
- include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by TouchTunes in its sole discretion;
- be illegal or otherwise objectionable to TouchTunes; or
- include commercial advertisements or solicitations
Because myTouchTunes is a public service and myTouchTunes jukeboxes are located in public places, we can't guarantee that any User Submissions, even those that you don't intentionally publish, will remain confidential. Likewise, because the transmission of information over wireless and wired networks is not inherently secure, we can’t guarantee that information (including personal information and private communications) stored locally on your mobile device or transmitted to our servers will remain confidential.
Some myTouchTunes users may be minors between the ages of 13 and 17. To help ensure their safety, adult users agree not to attempt to contact or identify minors through the use of the myTouchTunes service. You also agree not to attempt to override or circumvent any technology we use to prevent some users from communicating with others.
Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. We reserve the right, at our sole discretion, to reject or delete any and all User Submissions, or take other action, without notice to you.
You understand and agree that User Submissions are neither owned by nor provided by TouchTunes, and that TouchTunes is in no way responsible for such User Submissions or any related conduct or practices.
5. Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good-faith belief that the use of the copyrighted work 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 signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of infringement on myTouchTunes is:
Attention: General Counsel
TouchTunes Music Corporation
850 Third Avenue
New York, NY 10022
Attention: General Counsel
TouchTunes Music Corporation
850 Third Avenue
New York, NY 10022
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). We reserve the right to terminate the service privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
6. Pay Services
Some myTouchTunes services may be available only upon payment of a fee. For example, we may allow you to request play of a song at a particular jukebox after you pay a specified fee. We may also make it possible for you to pay us for “credits” that you can collect in your account and that you can later use to request songs.
Although we will try to honor requests for songs or other services that you make through myTouchTunes, our ability to provide these services may be affected by a number of factors, including the inherent unreliability of the Internet. We therefore cannot be responsible if a song that you have requested does not play.
Also, we may allow you to store purchased credits in your TouchTunes account (the “Jukebox Credits”). Jukebox Credits may apply only to a particular TouchTunes jukebox. Like in-person payments made at a particular jukebox, if you purchase Jukebox Credits but do not use those Jukebox Credits to request song plays, the Jukebox Credits will expire after a specified period of time. If your Jukebox Credits expire, they will not be reapplied to your accounts. We will describe the expiration date that applies to Jukebox Credits on the Service. In addition, in certain circumstances we may provide you, without purchase, credits to your account (“Account Credits”), such as credits offered through promotions. You may subsequently apply Account Credits to a particular TouchTunes jukebox and at such time the Account Credits would be deemed Jukebox Credits as described above. Account Credits may also expire after a specified period of time. We will describe any expiration date that applies to Account Credits on the Service.
You should be aware that we do not offer refunds for pay services under any circumstances, including if a song that you requested fails to play or if credits that you transfer to a jukebox are lost or expire.
If we offer services that allow you to communicate via wireless networks, we want you to be aware that, in addition to any fees that we charge, your wireless service provider may charge fees for text messages or data transmission. Please consult your wireless carrier for information about any text messaging and data fees that it charges.
We also may make it possible for you to pay for services for which a fee is assessed by requesting that payment be processed by your wireless provider or by another payment intermediary. In such cases, we will let you know before you incur any charges how we will process your payment. By accepting services after we inform you of these arrangements, you agree to allow your wireless provider or our payment intermediary to process the charge and to bill you for the payment or deduct the payment from your prepaid balance.
You are not authorized to access any services for which a fee is charged except if you have paid the appropriate fee, have received access credentials from us, and are using the access credentials that we have provided to you. You may not provide anyone else with assistance in accessing Pay Services on an unauthorized basis, including by sharing your access credentials or providing Materials that you obtained through Pay Services to third parties.
myTouchTunes may, as a convenience to users, provide links to third-party content and other web sites, through links made available by TouchTunes, our users, or third parties. We do not sponsor, endorse, or accept any responsibility for such material. TouchTunes is not responsible for the content or privacy practices of any linked sites.
8. Limitation of Liability
You understand that myTouchTunes is an entertainment service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of myTouchTunes, for any reason, including costs incurred while using myTouchTunes, delays in ordering music, the inaccessibility or technical failure of myTouchTunes, or the costs associated with any claims you bring or try to bring against us.
IN NO EVENT WILL TOUCHTUNES OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MYTOUCHTUNES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE MYTOUCHTUNES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR INCOMPATIBILITY BETWEEN ANY ELEMENT OF MYTOUCHTUNES AND YOUR HARDWARE DEVICE(S). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF MYTOUCHTUNES, YOU RELEASE TOUCHTUNES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
YOU AGREE TO INDEMNIFY TOUCHTUNES AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE "TOUCHTUNES PARTIES") AGAINST, AND HOLD THE TOUCHTUNES PARTIES HARMLESS FROM LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) INCURRED AS A RESULT OF YOUR USE OF MYTOUCHTUNES OR CLAIMS MADE IN CONNECTION WITH SUCH USE.
10. Disclaimer of Warranties
MYTOUCHTUNES IS PROVIDED "AS IS." TOUCHTUNES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO MYTOUCHTUNES, LINKED SITES, USER SUBMISSIONS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH MYTOUCHTUNES. TOUCHTUNES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOUCHTUNES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF MYTOUCHTUNES, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON MYTOUCHTUNES OR OTHERWISE BY TOUCHTUNES, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TOUCHTUNES OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT MYTOUCHTUNES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
TOUCHTUNES MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH MYTOUCHTUNES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT MYTOUCHTUNES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN MYTOUCHTUNES WILL BE CORRECTED; OR (d) THAT THE CONTENT ON MYTOUCHTUNES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON MYTOUCHTUNES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND TOUCHTUNES DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
This agreement may be terminated by TouchTunes for any reason at any time. Sections 3, 4, and 6 through 17 of this agreement shall survive such termination.
12. 12. Governing Law / Entire Agreement / Arbitration / Class Action Waiver
ou agree that any dispute between you and TouchTunes will be governed by the law of the United States and the State of New York, without giving effect to any principles of conflicts of law, as if entered into by residents of New York and fully performed therein, and that any legal action brought by one party against the other will be brought in the courts of the City of New York, New York.
You agree that any dispute or claim arising out of the use of myTouchTunes or these Terms shall be settled by binding arbitration in New York County, New York, under the American Arbitration Association Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Regardless of any law to the contrary, any claim against us must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. We agree that regardless of any law to the contrary, that the arbitrator shall have no authority to award punitive or exemplary damages. We may apply to any court of competent jurisdiction for a temporary restraining order or other interim relief, as necessary without breach of these Terms and without abridgment of the powers of the arbitrator.
myTouchTunes and our services are and remain a U.S. offering and all use of the information collected is and shall remain subject to U.S. law and practice.
14. Additional Agreements
15. No Professional Advice
Any information supplied by any employee or agent of TouchTunes, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of myTouchTunes, and does not constitute legal, tax, medical, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
16. No Waiver
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