These Terms of Service (“Terms”) constitute a legal agreement between you (also referred to as the "Subscriber"),on behalf of Subscriber and all end users using the Service at Subscriber’s place of business specified in Subscriber’s registration form (the “Location”), and Sybersound Records Inc. (also referred to as "we", “us” or “Company”) for a subscription to access the Party Tyme streaming karaoke music service (the “Service”) and to provide access to the Service to your customers (“end users”) solely at your Location through the Party Tyme Streaming Player (“Equipment”) and/or our website(s) located at www.partytymeplayer.com (together will any other URLs through which we make the Service available from time to time, collectively, the “Site”). Fees to subscribe to the Service for specified periods of time (each, a “Subscription Period”) are set forth on the Site. You may become a subscriber to the Service for the relevant Subscription Period by registering through the Site and paying the subscription fee for such Subscription Period. By subscribing to or accessing the Service, you agree to be bound by these Terms.
BY SUBSCRIBING TO OR USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and from time to time. It is your responsibility to check www.partytymeplayer.com periodically for changes to these Terms. Your continued use of the Service following the posting of changes to these Terms will mean that you accept and agree to the changes. During your Subscription Period, as long as you comply with these Terms, the Company grants you a personal, non-transferable, limited license to access and use the Service and to provide access to the Service to end users solely at your Location by accessing the Service through the Site or Equipment in accordance with the terms and conditions set forth in these Terms.
Violation of these Terms, as determined by the Company in its sole discretion, may result in termination of your Service account and termination of your access to the Service. You understand and agree that the Company cannot and will not be responsible for the Site Content, and you use the Service at your own risk. These Terms do not authorize you or any end user to record (or to distribute recordings of) end user performances that embody any Site Content. The making, distribution or other exploitation by you or any end user of any audio or audiovisual recordings embodying any Site Content is at your and such end users’ own risk and you hereby represent and warrant that you will not make, distribute or otherwise exploit any audio or audiovisual recordings embodying any Site Content (or permit or facilitate any end user to do so) unless you have a legal right to do so under applicable law, without reliance on any license from us. If you violate these Terms, or otherwise create risk or possible legal exposure for the Company, we can terminate your subscription and stop providing the Service to you.
The Service allows end users to browse and search for, display, sing along with, record and playback karaoke versions of recordings, using the Site’s graphical user interface or the Equipment. The Company does not make any promises about the availability of specific recordings on the Service, or the content of the Service, its accuracy, quality or suitability for any particular purpose. Furthermore, the Company may discontinue or revise any or all aspects of the service at any time in its sole discretion.
Your subscription to the Service and these Terms do not grant a public performance license for any content. It is your responsibility to obtain any public performance licenses that may be required for your location and/or for activities undertaken by you or your end users.
You are responsible for ensuring that all end users that access or use the Service from your Location comply with these terms and with applicable laws.
You agree to comply (and to cause all end users accessing or using the Service at your Location to comply) with all applicable legal requirements relating to use of the Service.
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (hereafter also referred to as the "Site Content"), are the proprietary property of the Company or its licensors. You will not (and will not permit any end user accessing the Service from your Location to) modify, adapt, prepare derivative works based on, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, sell or otherwise exploit any Site Content, in any form or by any means, in whole or in part. You will not (and will not permit any end user accessing the Service from your Location to) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site Content. You will not (and will not permit any end user accessing the Service from your Location to) upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. You may not use data mining, robots, scraping or similar data gathering or extraction methods in relation to the Site or Site Content. Any use of the Service, the Site or the Site Content by you (or any end user accessing the Service from your Location) other than as specifically authorized in these Terms is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Certain of the Site Content is licensed by us from third parties. All use of such licensed Site Content on the Service is subject to the terms and conditions of the relevant license agreements. The Service and these Terms are designed to comply with the terms of these license agreements and from time to time (in addition to our rights to make changes to these Terms or the Service as described elsewhere in these Terms), we may make changes to these Terms or the Service and/or delete certain Site Content from the Service or restrict the availability of certain Site Content on the Service in order to comply with our licensors’ requests or otherwise to comply with the applicable license agreements governing the use of such Site Content.
You agree to:
Please note that any information, data, material or other communication you (or any end user accessing the Service or Site from your Location) transmit or post to the Site will be deemed to be non-confidential and non-proprietary. By providing us any information or material, you (and each end user accessing the Service or Site from your Location) grant us the unrestricted, irrevocable, perpetual license to use, copy, have used, reproduce, display, modify, have modified, incorporate, sublicense, distribute or otherwise dispose of such information, data, materials and communications. You further agree (on your own behalf and on behalf of each end user accessing the Service or Site from your Location) that we are free to use any ideas, concepts, know-how or techniques that you (or the applicable end user) sends us for any purposes for all commercial and non-commercial purposes.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in content submitted by other users within the Service. The Service also includes third-party content that we do not control, maintain or endorse.
Subscription fees are set forth on the Site. All subscription fees stated on the Site are exclusive of VAT (where applicable), sales tax, other applicable taxes and processing fees. The Company may change the subscription fees for the Service from time-to-time by posting a notice of such change on the Site or providing notice to you by email.
We accept American Express, Discover, MasterCard, Visa, PayPal and checks (if separately arranged in advance with us) as methods of payment for subscription fees for the Service. The subscription fee for the Service will be charged using the payment method you have chosen.
You represent and warrant that all information provided by you, including your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information, for your payment method are correct. If you pay by credit or debit card, by designating a card to be billed, you represent and warrant that you are authorized to make a such purchase and that you are the holder of such card (i.e. that the card is issued in your name as well as that of your employer, if applicable). Subscriptions for the Service renew automatically at the end of each Subscription Period, unless you give us written notice of cancellation at least ten (10) days prior to the end of such Subscription Period. You agree that the Company or its agent may charge your payment method for the subscription fee for each Subscription Period, not earlier than one week before the beginning of such Subscription Period. If your payment method does not allow us to charge the relevant amount, the Company has the right to terminate your subscription for the Service. Subscription fees paid for the Service are not refundable.
Your card issuer agreement or your agreement with PayPal governs your use of any designated credit cards or your PayPal account, and you must refer to those agreements and not these Terms to determine your rights and liabilities as a cardholder. You, and not the Company, are responsible for paying any unauthorized amounts billed to your credit card or PayPal account by a third party. You agree to pay all fees and charges incurred in connection with your Service subscription (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify the Company of any discrepancies within thirty (30) days after they first appear on your credit card or PayPal statement, you agree that they will be deemed accepted by you for all purposes. If the Company does not receive payment from your credit card issuer, PayPal or its agents, you agree to pay all amounts due upon demand by Company or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. The Company shall automatically charge and withhold any applicable sales or value-added tax that it deems is required. Credit card or PayPal account data is never stored on the Company’s servers, and all payment transactions are facilitated by our payment partners. Our payment partners retain and store your personal data according to the partners’ privacy policies, which you may find by clicking https://stripe.com/us/privacy. Company cannot guarantee the security of our servers of those of our payment partners, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the Service. Any information that you provide to us is done entirely at your own risk. We do not ensure or warrant the security of any data or information you transmit to us and you do so at your own risk.
For new Subscribers, the Subscription Period starts when you have submitted your registration form and provided valid payment details for your initial and recurring payments. You will be notified by email once your subscription is accepted. If a free trial has been offered, it is limited to one per subscriber.
A Subscriber must log into its account on the Site at least once every thirty (30) days to obtain new songs and updates. Once you become a Subscriber, if you do not log into your account on the Site at least once every thirty (30) days, we reserve the right, in our sole discretion, to terminate your subscription (and such a termination will not entitle you to a refund of any unused portion of your subscription fees). Once you subscribe to the Service, as long as you have logged into your account on the Site at least once in the thirty (30) day period immediately prior to the end of your then-current Subscription Period, your subscription will automatically renew at the end of each Subscription Period, unless you terminate your subscription at least ten (3) days before the end of the Subscription Period. You may terminate your subscription by following the prompts on the Site’s self-service dashboard, which can be accessed at www.partytymeplayer.com/partytyme/karaoke/login, with such termination being effective at the expiry of the then-current Subscription Period. The Company will not pro rate subscription fees for partial Subscription Periods or refund any previously paid subscription fees.
By subscribing to or accessing the Service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
The Company may terminate your Subscription and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. If Company terminates your Subscription for no reason, then the unused portion of your subscription fees shall be refunded. If Company terminates your Subscription for violation of these Terms, then no refund shall be provided for the unused portion of your subscription fees.
We respect other people's rights The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Company Website or provided through the Service infringe your copyright, you (or your agent) may send Company a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed;
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Company website or app;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Company should be sent via mail to DMCA Notice, Sybersound, Inc., P.O. BOX 6464 Malibu, CA 90264 or via email to firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Although it is Company's intention for the Service to be available as much as possible, there will be times when the Service will be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Company reserves the right to remove any Site Content from the Service for any reason, without prior notice. Company will not be liable to you for any modification, suspension, or discontinuation of the Service.
You agree that Company is not responsible for, and does not endorse, Site Content. Company does not have any obligation to prescreen, monitor, edit, or remove any Site Content.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SITE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ANY OF ITS EMPLOYEES, SHAREHOLDERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SITE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICE. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
THE COMPANY PARTIES DO NOT ENDORSE SITE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SITE CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICE; OR (G) ANY DAMAGE TO SUBSCRIBER’S COMPUTER OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Company Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Company Parties.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, if applicable, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Company is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You (on behalf of Subscriber and each end user accessing or using the Service at Subscriber’s Location) agree to defend (at Company's request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf or by end users accessing or using the Service at Subscriber’s Location): (i) your or such end users’ access to or use of the Service; (ii) your or such end users’ breach or alleged breach of these Terms; (iii) your or such end users’ violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your or such end users’ violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.
These Terms are governed by and construed in accordance with the laws of the United States of America and of the State of California, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. The Parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law. You agree to resolve any dispute you have with Company exclusively in a state or federal court located in Los Angeles County, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.
You agree that any claim or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no claim or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Company's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Company.
You represent that you are authorized to enter into this agreement on behalf of Subscriber. These Terms constitute the entire agreement between you and Company and governs your use of the Service, superseding any prior agreements between you and Company. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by you without the appropriate prior written consent of Company will be null and void. Company may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Company provides. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.
Revised October 18, 2016