TERMS AND CONDITIONS OF USE
Last Modified: March 15, 2015
These Terms and Conditions of Use (“Terms”) govern your access to and use of the services, including the websites and mobile applications (collectively, the “Service” or “Site”) provided by Zaptones LLC (an Illinois limited liability company, “Zaptones” or “our” or “us” or “we”), and any content, information, or other material (collectively “User Content” or “Content”) that you post to the Service. These Terms and Conditions of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms and Conditions of Use, do not access or use the Service.
1. Eligibility of the Site
Zaptones is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited form creating Zaptones accounts. By using this site, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2. Use of the Site
This service and its contents (the "Content") are intended for users of Zaptones. You may not use this Service or the Content for any purpose unrelated to your business with Zaptones. You are specifically prohibited from: (i) downloading, copying, or re-transmitting any or all of the Service or the Content without, or in violation of, a written license or agreement with Zaptones; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the Service or the Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Zaptones product or service if you are not expressly authorized by such party to do so; and (v) using the Service or the Content other than for its intended purpose. You may not interfere with the security of, or otherwise abuse this Service or any system resources, services or networks connected to or accessible through this Service. You may only use this Site for lawful purposes.
3. Modification of Terms
We reserve the right to modify these Terms at any time. When we make modifications that we consider material, we may attempt to notify you through the Service; however, you agree to review the most up-to-date version of the Terms, each time you enter the site, available at www.zaptones.com/terms. Modifications are effective when posted, and your use of the Service after the effective date constitutes your acceptance of the Terms as modified.
4. Term and Termination
The Terms will continue to apply until terminated by either you or Zaptones as set forth below. You may end your agreement with Zaptones at any time for any reason by deactivating your accounts and discontinuing your use of the Service. To learn how to deactivate your account, please go here. However, your license for use of your User Content will remain in force even after your termination set forth in Section 6 below.
Zaptones may suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. For example, if we reasonably believe that (i) you violated these Terms; (ii) you create risk or possible legal exposure; or (iii) our provision of the Service to you is no longer commercially viable, we may terminate your access to the Service. In the event we elect to terminate your access to the Service, we will make reasonable efforts to notify you by the email address associated with your account or through the.
In all such cases, Zaptones will make reasonable efforts to disable access to and refrain from using your User Content after termination. You acknowledge that, upon termination or deactivation of your account, and upon deletion of specific User Content, copies of your User Content and references thereto may not be immediately removed and may remain available through other Users. Although your User Content is made inaccessible to others, we may store User Content for a reasonable period following termination of your account and, as noted below in Section 6, your license to us with respect to your User Content remains in force.
5. Acceptable Use Policy
Zaptones provides a platform to discover music and share your experiences through the lyrics of songs. To keep Zaptones running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.
(a) You agree not to post or share user Content that:
(i) is sexually explicit;
(ii) violates or encourages any conduct that violates laws or regulations;
(iii) contains any information or content that is hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(iv) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
(v) contains any information or content that is illegal;
(vi) may create a risk of any other loss or damage to any person or property;
(vii) seeks harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(viii) is fraudulent, false, misleading, or deceptive;
(ix) infringes any third party’s Intellectual Property Rights (as defined in Section 7), privacy rights, publicity rights, or other personal or proprietary rights; or
(x) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
(b) You agree not to engage in any of the following prohibited activities:
(i) using, displaying, mirroring or framing the Service, any individual element within the Service, the Zaptones name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
(ii) accessing, tampering with, or using non-public areas of the service, our computer systems, or technical delivery systems of our providers;
(iii) attempting to probe, scan, or test the vulnerability of any Zaptones system or network or breach any security or authentication measures;
(iv) avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Zaptones or any of our providers or any other third party (including another user) to protect the Services or Zaptones Content;
(v) attempting to access or search the Services, User Content or Zaptones Content or scrape or download User Content or Zaptones Content from the Services, or otherwise use, upload content to, or create new links, reposts or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Zaptones or other generally available third party web browsers;
(vi) sending any unsolicited or unauthorized spam or spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters, or other form of solicitation;
(vii) using any meta tags or other hidden text or metadata utilizing a Zaptones or Zaptones trademark, logo, URL, or product name without Zaptones’ express written consent;
(viii) using the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Zaptones or in any manner not permitted by the Terms;
(ix) using Zaptones user information to forge any TCP/IP packed header or any part of the header information in any email or newsgroup posting, or in any way use the service to send altered, deceptive or false source-identifying information;
(x) attempting to decipher, decompile or reverse engineer any of the software used to provide Services;
(xi) interfering with, or attempting to interfere with, the access of any user, host or network, including limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(xii) collecting or storing any personally identifiable information from the Services from other users of the Service without their express permission;
(xiii) impersonating or misrepresenting your affiliation with any person or entity;
(xiv) violating any applicable law or regulation;
(xv) requesting, collecting or storing username, password, token or any other account authentication information form other users; or
(xvi) encouraging or enabling any other individual to do any of the activities prohibited in the Acceptable Use Policy.
Zaptones reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that Zaptones believes violates this Acceptable Use Policy or any other section of this Terms of Service. Zaptones may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in Zaptones’ sole determination, a User violates any provision of this Acceptable Use Policy, our Terms and Conditions of Use, or for no reason.
6. Content on the Service
The Service allows you to generate and share creative content including audio, comments, and other media (i.e., User Content) through the Service. Zaptones does not claim ownership of any User Content that you post on or through the Service. In order to make the Service available to you and other users, Zaptones needs a license from you for the User Content that you post through the Service.
Zaptones is not responsible for User Content nor does it endorse any opinion contained in User Content.
7. Intellectual Property
All materials (including the organization and presentation of such material) on this Site or in the Service (the “Materials”) are the property of Zaptones and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with Zaptones, such as a Content License Agreement, any other use of these Materials without Zaptones' written permission is strictly prohibited. The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way, except use authorized in the Acceptable Use Policy.
Zaptones licenses the music (including audio and corresponding metadata) as an “affiliate” of iTunes. Certain terms and conditions apply to the license between Zaptones and iTunes. For the full terms and conditions, see: http://www.apple.com/itunes/affiliates/resources/documentation/usaffiliate-terms-and-conditions.html.
8. Explicit Language
The Site may contain Content that contains explicit language which may not be suitable for all ages. While individuals under the age of 18 may use the Site, they may do so only with the involvement of a parent or legal guardian and otherwise subject to these Terms and Conditions of Use. While Zaptones does distribute materials that may be used by children under the age of 18, Zaptones is not intended to be used by children without involvement, supervision, and approval of a parent or legal guardian.
9. Currency of the Site
Zaptones updates the information on this Site regularly. However, Zaptones cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Zaptones may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or potential visitors.
10. Linked Sites
This Site may provide links to third party sites for your convenience only. The inclusion of these links does not imply that Zaptones monitors or endorses these sites. Zaptones does not accept any responsibility for such sites. Zaptones shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party sites or linked resources.
12. Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site. Zaptones shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Materials from this Site. Zaptones recommends that you install appropriate anti-virus or other protective software.
13. Service Provided "as is"
THIS SERVICE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
(i) Completeness, accuracy, availability, timeliness, security or reliability of the Service or any User Content;
(ii) Any harm to your computer system, loss of date, or other harm that results form your access to or use of the Service, or any User Content;
(iii) Deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service; and
(iv) Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL ZAPTONES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE AND CONDITIONS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE AND CONDITIONS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED ($100.00) U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify and hold Zaptones harmless against all liabilities, claims, and expenses, including attorney’s fees, that arise form your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. Notice and Procedure for Making Claims of Infringement
Zaptones LLC respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Zaptones with a written communication with attention to “President of Zaptones LLC” at 15W531 89th Street, Burr Ridge, IL 60527, including substantially the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Feel free to email Zaptones at email@example.com any inquiries. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Zaptones is not liable for any damages related to communications to or from this Site. You agree with respect to any information provided by you to us through this Site or via email that:
(i) Zaptones has no obligation concerning such information;
(ii) the information is non-confidential;
(iii) Zaptones may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
(iv) the information is truthful and disclosure of the information does not violate the legal rights of others.
17. Applicable Law
This Site is controlled, operated and administered by Zaptones LLC from within Illinois, U.S.A. By accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the state of Illinois, the county of DuPage (without reference to conflicts of laws principles). You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the state of Illinois, the County of DuPage and acknowledge that you do so voluntarily.
If any provision or part thereof of these Terms and Conditions of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
19. Entire Agreement
20. International Use
Although the Service may be accessible worldwide, we make no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from territories where the contents of the Service are illegal is prohibited. If you choose to access this service from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable laws. Any offer for any product, service, or information made in connection with the Service is void where prohibited.
Questions and Contact
The Service is operated and provided by Zaptones LLC. If you have any questions or comments regarding these Terms, please contact us via email as follows:
EFFECTIVE DATE: March 15, 2015
Copyright © 2015 Zaptones LLC. All rights reserved.