By using the MusicTapp.com web site (“Service”), all services of MusicTapp, Inc. (“MusicTapp”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
MusicTapp reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.musictapp.com/terms-of-service/ Violation of any of the terms below will result in the termination of your Account. While MusicTapp prohibits such conduct and Content on the Service, you understand and agree that MusicTapp cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. MusicTapp cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
- A valid credit card is required.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- MusicTapp will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
Cancellation and Termination
- You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to email@example.com. Cancellations by phone or sent to any other email address will not be considered valid.
- All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- MusicTapp, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MusicTapp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- MusicTappe reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- MusicTapp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MusicTapp Site (www.MusicTapp.com) or the Service itself.
- MusicTapp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- From time to time, MusicTapp may issue an update to the MusicTapp application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although MusicTapp will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the MusicTapp application to create your mobile application, you agree to allow others to view and share your Content.
- MusicTapp does not pre-screen Content, but MusicTapp and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright 2010 MusicTapp, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from MusicTapp, Inc.
- You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with the MusicTapp application.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only available via email. The technical support email address is firstname.lastname@example.org.
- You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
- You understand that MusicTapp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other MusicTapp service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MusicTapp.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MusicTapp customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 5 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by MusicTapp) of other MusicTapp customers, additional charges will apply. Currently the charge is $.25/gb per month over 5 GB. MusicTapp reserves the right to change the overage charge at any time.
- MusicTapp does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that MusicTapp shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MusicTapp has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of MusicTapp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MusicTapp and govern your use of the Service, superseding any prior agreements between you and MusicTapp (including, but not limited to, any prior versions of the Terms of Service).
- In no event shall MusicTappe liability to you exceed the amount actually paid to MusicTapp by you during the preceding 12 months.
- Questions about the Terms of Service should be sent to email@example.com.
1. Your Use of the Site and Affirmative Representations.
When you use the Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; (d) you are 13 years of age or older; and (e) you will comply with the rules for online conduct and the rules governing your contributions to the Site, as discussed in Section 3 below.
When you create an account with the Site, you will be asked to supply a password. You must keep your password and sign-on credential confidential, and are responsible for all use of your password and account.
3. Rules Governing Contributions, Fora and Interactive Features.
(a) you have the full right, power and authority to execute, deliver and perform this Agreement;
(b) you own or control the Contributions, or have all licenses, rights, consents and permissions necessary to upload and make available the Contributions on or through the Site, and to authorize us to use the Contributions in accordance with the terms of this Agreement;
(c) our exercise of the rights, licenses and permissions granted hereunder by you will not violate or infringe the rights of any third party (including, without limitation, any proprietary or intellectual property rights of any other person or entity, including copyrights, trademark rights and rights of publicity and privacy);
(d) you will not post Contributions that violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of us or any other person;
(e) you will pay all royalties, fees and any other monies owed to any person or entity with respect to the use and exploitation of the Contributions as permitted hereunder (including without limitation, artist royalties, producer royalties, and royalties to any other record royalty participants, union and guild fees, mechanical royalties, public performance royalties, communication to the public royalties, etc.), and will comply with any and all associated and applicable agreements, statutes, rules, laws and regulations;
(f) you will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, false, misleading, deceptive, fraudulent or otherwise objectionable or incite, encourage or threaten immediate physical harm against another, including but not limited to Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (ii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
(g) you will not post Contributions that contain advertisements or solicit any person to buy or sell any products or services (other than our products and services);
(h) you will not use the Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, the Site without our express written consent;
(j) you will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
(k) you will not post Contributions that contain software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of our or any third party’s software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information;
(l) you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site, or use the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(m) you will not impersonate any other person or entity, sell or let others use your account, profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(n) you will not use the Site or the Services if you are located in a country embargoed by the United States or are on the United States Treasury Department’s list of Specially Designated Nationals or are a convicted sex offender; or
(o) you will not place a link to any page on the Site if such page contains content that would violate this Agreement.
4. General License Grant to Us to Use Your Contributions to Make the Site and Services Available to You, to Share your Contributions with Third Parties and to Promote the Site.
(a) We will never claim any ownership right in the Contributions that you post on or through the Site, but we need a license from you so that we can use your Contributions on and in connection with the Site, and so that we can provide the Services to you. After posting your Contributions on the Site, you continue to retain any ownership rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us herein.
(b) By making a Contribution to the Site, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you or to pay any third party to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Site available to you and provide you with the Services), worldwide (because the Internet and the Site may be global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution (and any modification thereto) in connection with the Site or the Service or the promotion thereof in any media formats and through any media channels.
(c) This license does not grant us or any third party the right to sell your Contribution.
(d) This license does not grant us or any third party any ownership rights in your Contributions.
(e) If you disable your Contribution from the Site, we will cease distribution of such Contribution as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions.
5. Our Intellectual Property Rights.
All of the content on the Site or provided in connection with the Site or Services (including without limitation, any contributions made by other users of the Site and the trademarks, services marks, and logos contained on the Site (“Materials“) are owned by or licensed to us and are (or may be) subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. As between you and us, all right title and interest in the Site and in the Services are owned exclusively by us, and no ownership interest in any of the foregoing is being transferred to you by virtue of this Agreement. We reserve all rights not expressly granted in and to the Site, the Services and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that is provided by us, unless otherwise specifically authorized by us in a separate written agreement.
6. Our Management of the Site/User Misconduct.
6.1 Our Site Management.
We may, but are not required to: (a) monitor or review the Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof for any reason, including because it may violate this Agreement, the law or any of our policies or because it is excessive in size or burdensome, may violate the law, this Agreement, or any of our policies; and/or (d) manage the Site in a manner designed to protect our rights and property and rights and property of others or to facilitate the proper functioning of the Site.
6.2 Our Right to Terminate Users.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SITE TO YOU OR ANY OTHER PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
6.3 Risk of Harm.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. You are discouraged from posting the following information on the Site: your full name, email address, telephone numbers and street addresses. Other users’ information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site.
7. Term, Termination & Survival.
This Agreement shall commence upon your acceptance of the terms herein and shall remain in force until (a) you terminate this Agreement upon written notice to us (which notice shall be sent to support at musictapp.com, or (b) we terminate this Agreement for any reason, with or without cause, and with or without notice. Upon termination of your Site account for any reason, we will close your account. If you voluntarily terminate this Agreement and are not in breach of this Agreement, you may reactivate your account at any time by contacting us at support at musictapp.com. After your account has been reactivated, you may log in at any time and retrieve any Contributions you submitted to the Site. If we terminate this Agreement, you may not retrieve any Contributions you submitted to the Site.
Even after your use and participation is terminated, the following provisions of this Agreement will remain in effect, including sections: 1, 3-8 and 10-17. Furthermore, all provisions of the Agreement which by their nature should survive termination of this Agreement, shall survive termination of this Agreement, including, without limitation, your representations and warranties, warranty disclaimers, indemnity obligations, and limitations of liability. And all provisions which otherwise expressly state that they shall survive termination of this Agreement, shall so survive termination.
8. Copyright Policy.
We may terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Site infringes upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Notice at http://www.musictapp.com/dcma-notice/.
The Internet and technology are rapidly changing. Accordingly, we may modify this Agreement from time to time. We will contact you if we do so, which is why it is important that you notify us immediately if your email address changes. You will be asked to click to accept the new agreement the next time you log on to the site in order to be able to use the interactive portions of the Site. We will also put any revised versions of this Agreement on the Site with a notice advising of the change. It is therefore important that you regularly check the Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.
10. Third Party Sites.
11. Disputes Between Users.
You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any other user.
12. Disputes with Us, Choice of Law and Forum.
You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in California. You and we further agree that any disputes will be resolved under the substantive law of the state of California (exclusive of its choice of law provisions). The Convention for the International Sale of Goods will not apply.
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH SITE OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. By operating the Site, WE DO not represent or imply that We endorse any Contributions or any other Materials or items available on or linked to by the Site, including without limitation content hosted on third party Sites, or that We believe Contributions or any other Materials or items to be accurate, useful or non-harmful. WE cannot guarantee and do not promise any specific results from use of the Site OR THE SERVICES. No advice or information, whether oral or written, obtained by you from US or the Site WIll create any warranty not expressly stated herein. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE OR THE CONTENT OF ANY OF OUR THIRD PARTY PARTNERS’ SITES, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE OR ON ANY OF OUR THIRD PARTY PARTNERS’ SITES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limited Liability.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR TO YOUR USE OF THE SITE, SERVICES, MATERIALS OR ANY OTHER CONTENT THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY WILL NOT EXCEED $100.
15. Liquidated Damages.
You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a reasonable estimation of harm, you agree to pay us $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through the Site.
You shall, and you do hereby agree to indemnify, defend and hold us, our subsidiaries, affiliates, and licensors and each of their respective owners, officers, directors, employees, representatives and agents, from any and all liabilities, obligations, losses, claims, damages, costs, charges or other expenses of any kind (including attorney’s fees and court costs) arising out of or resulting from (a) any violation, breach or alleged breach of this Agreement by you, (b) the use and exploitation of the Contributions as contemplated in this Agreement, or (iii) any claim by a third party which is inconsistent with any of the warranties, representations, covenants, or agreements made by you in this Agreement.
17.1 Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the Services and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
17.2 Independent Contractors.
Nothing herein will be deemed to create an agency, partnership, joint venture, fiduciary, employee-employer or franchisor-franchisee relationship of any kind between us and you.
17.3 No Third Party Beneficiaries.
This Agreement is between you and us. There are no third party beneficiaries to the Agreement.
17.4 Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and inure to the benefit of our successors and assigns.
This Agreement was last updated on: December 1, 2010