Terms of Use

  • 30 August 2022

TrackMelody TERMS OF SERVICE

 

Binding Agreement. This is a binding contract (“Terms”) between you and TrackMelody (“we,” “us,” “our,” “TrackMelody”). These Terms apply whenever you use any of the sites, apps, products, or services (“Services”) we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.

Privacy. See our Privacy Policy for details on how we collect, store, and share user information.

Age Restrictions. The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.

Your Content and Permissions. TrackMelody allows you to share videos, links, music (“Your Content”). Your Content is yours. TrackMelody does not claim any right, title, or interest in Your Content.

You grant us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing Your Content. This license extends to trusted third parties we work with.

Content Guidelines. You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws, these Terms . We don’t actively review Your Content.

Account Security. You are responsible for safeguarding your password to the Services, making sure that others don’t have access to it, and keeping your account information current. You must immediately notify TrackMelody of any unauthorized uses of your account or any other breaches of security. TrackMelody will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.

Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using TrackMelody within the designated notice period. Your continued use of TrackMelody will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Liability for content You hereby acknowledge and agree that TrackMelody (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, TrackMelody excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto. You hereby acknowledge and agree that TrackMelody cannot and does not review the content created or uploaded by its users, and neither TrackMelody nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law. TrackMelody and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against TrackMelody or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

DMCA Policy. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that the content of a TrackMelody account infringes your copyrights, you can notify us using our DMCA complaint form. We have a policy of terminating the accounts of users deemed to be repeat infringers, in accordance with our policies. We encourage users to file a in cases where the claim of infringement is fraudulent or invalid.

Our Intellectual Property: The Services and all materials contained therein, including, without limitation, TrackMelody logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “TrackMelody Materials”) are the property of TrackMelody or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use TrackMelody Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any TrackMelody, TrackMelody, or third-party trademarks.

Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services.

Disclaimer of Warranties. TrackMelody makes no warranties of any kind with respect to TrackMelody or your use of the Services.

Limitation of Liability. TrackMelody shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of TrackMelody. As a condition of access to TrackMelody, you understand and agree that TrackMelody’s liability shall not exceed $5.23.

Indemnification. You will indemnify, defend, and hold TrackMelody, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of TrackMelody or (ii) your breach or alleged breach of any of these Terms. TrackMelody may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of TrackMelody.

No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

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