Last Updated: April 11, 2016
Acceptance of Terms
We may, at any time, and without notice or liability, modify or discontinue all or part of the TouchTunes Network; charge, modify or waive any fees in connection with the TouchTunes Network; or offer opportunities to some or all the TouchTunes Network users.
1. Member Conduct
You agree that you will only access the TouchTunes Network through the interfaces we provide. You agree not to “hack” our services or systems, reverse-engineer all or any part of the TouchTunes Network, post or transmit in connection with the TouchTunes Network any virus or other code, file or program that is potentially harmful or invasive, take any action that could have the effect of damaging the TouchTunes Network or its security or interfere with other users' use of the TouchTunes Network, 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 the TouchTunes Network jukeboxes) to access the TouchTunes Network or to collect content or data from the TouchTunes Network. Further, by using the TouchTunes Network, you agree that you will not frame or mirror any portion of the TouchTunes Network, or otherwise incorporate or assist any other person in incorporating any portion of the TouchTunes Network into any other database, product or service or otherwise redistribute or commercially exploit any portion of the TouchTunes Network.
2. Registration; Accounts, User Names and Passwords
You may need to register to use all or any portion of the TouchTunes Network. Whenever we ask you for personal or other information in a registration form or elsewhere on the TouchTunes Network, you agree to provide truthful, accurate, current and complete information and to update this information anytime it changes.
We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You are responsible for maintaining the confidentiality of your password and you agree not to share your password with anyone or allow anyone to use your account. You also agree to take full responsibility for any activity that occurs through the use of your account. If you become aware that any other person has accessed your TouchTunes Network account or has obtained your password, you agree to notify us immediately. Even if you notify us, you will be responsible for any damage caused by the breach of security, both before and after the notification.
3. Our Intellectual Property
The TouchTunes Network is protected by copyright as a collective work or compilation under the copyright laws of the United States, Canada and other countries. Further, content, mobile applications and other works of authorship included within the TouchTunes Network are also copyrighted works. All copyright rights in the TouchTunes Network and these individual works included within the TouchTunes Network are owned by TouchTunes or its affiliates, or its or their third-party licensors, to the full extent permitted under the United States Copyright Act, the Copyright Act (Canada) and all international copyright laws. You must abide by all additional copyright-related requirements or restrictions contained on the TouchTunes Network.
You agree to use the TouchTunes Network (including all works included therein) solely for your own personal and non-commercial use. We do not grant you a license to use the TouchTunes Network 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 the TouchTunes Network without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of the TouchTunes Network 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 the TouchTunes Network, please contact us at firstname.lastname@example.org.
All rights in any product names, company names, trade names, marks, logos, product packaging and designs displayed, used or made available in connection with the TouchTunes Network, 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/or 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 the TouchTunes Network confers on you any license or right under any trademark, patent or other intellectual property rights of TouchTunes or any third party.
4. Pay Services
Some of the TouchTunes Network services may be available only upon payment of a fee (“Pay Services”). For example, we may allow you to request the 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 the TouchTunes Network, our ability to provide these services may be affected by a number of factors; examples of such factors include, without limitation, the inherent unreliability of the Internet, the ability of venue staff to skip a song, the length of the queue in which a song is placed or songs playing later than expected. 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. In addition, in certain circumstances, we may provide you, without purchaseor any charge to you, 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. As with in-person payments made at a particular jukebox, if you purchase Jukebox Credits but do not use those Jukebox Credits to request song plays within a specified period of time, the Jukebox Credits will expire after that specified period of time. If your Jukebox Credits expire, they will not be reapplied to your account. We will describe the expiration date that applies to Jukebox Credits on the TouchTunes Network. Account Credits may also expire after a specified period of time. We will describe any expiration date that applies to Account Credits on the TouchTunes Network.
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.
In connection with Pay Services, you may be asked to supply certain relevant information, such as your credit card number and its expiration date and your billing address information. You represent and warrant that you have the right to use any credit card or other payment mechanism that you use in connection with any pay service. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Pay Services. Verification of information may be required prior to the acknowledgment or completion of any transaction.
5. User Content and Communications
The TouchTunes Network contains features that allow users to submit, post, or add content to the TouchTunes Network, or communicate with other users through the TouchTunes Network (collectively, “User Submissions”). Regarding User Submissions made by you or associated with your account (“your 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.
With respect to each of your User Submissions, you agree to grant, and hereby do grant, to us, our affiliates and our business partners, a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, sub-licensable (through multiple tiers) license to use, reproduce, create derivative works of, distribute, store, publicly perform, publicly display, transfer, transmit, distribute, publish and otherwise exploit such User Submission and subsequent versions thereof, in any form, medium or technology now known or later developed, and for any purpose (including promotional purposes), without additional consideration to you or any third party. You agree you will not attempt to enforce any so-called “moral rights” in your User Submissions against us, our affiliates and/or our business partners, including any sublicensees. Regarding each of your User Submissions to us, you represent that you are able to grant the foregoing license to such submission.
The TouchTunes Network includes online, mobile and jukebox platforms that are accessed by a community of users across North America and we expect all users to be good neighbors. By using the TouchTunes Network, you agree that none of your User Submissions will:
Because the TouchTunes Network is a service that is offered to the public and because the TouchTunes Network jukeboxes are located in public places, we cannot guarantee that any of your User Submissions, even those that you intentionally choose not to publish, will remain confidential. Likewise, because the transmission of information over wireless and wired networks is not inherently secure, we cannot guarantee that information (including personal information and private communications) stored locally on your mobile device or transmitted to our servers will remain confidential.
To help ensure the safety of the TouchTunes Network for users who may be minors, such as those between the ages of 13 and 17, you agree not to attempt to identify or contact minors through the use of the TouchTunes Network service. You also agree not to attempt to override or circumvent any technology we use in an effort to prevent some users from communicating with other users.
Although you are solely responsible for the content you provide, we reserve the right, in our sole discretion, to monitor, review and analyze your User Submissions and to reject or delete any and all such User Submissions (or any component thereof), or take other action with respect to such User Submissions, without notice to you.
You understand and agree that User Submissions are neither created, owned nor provided by TouchTunes and that TouchTunes is in no way responsible for such User Submissions or any related conduct or practices or any alleged damage resulting from User Submissions.
6. Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (U.S.) (the “DMCA”) and the Copyright Act (Canada) provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. and Canadian copyright law respectively. If you believe in good faith that materials available on or through the TouchTunes Network infringe your copyright, you (or your agent) may send to TouchTunes a written notice by mail, e-mail or fax, requesting that TouchTunes remove such material or block access to it. If you believe in good faith that someone has wrongly sent to us a notice of copyright infringement related to you, the DMCA permits you to send to TouchTunes a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA and the Copyright Act. See http://www.copyright.gov/ and https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_ wr00003.html for details. Notices and counter-notices must be sent in writing as follows:
DMCA/Copyright Act Complaints
Attention: General Counsel
TouchTunes Music Corporation
850 Third Avenue
New York, NY 10022
TouchTunes’ phone number is 212-991-6540. We suggest that you consult your legal advisor before filing a DMCA or Copyright Act notice or counter-notice. We reserve the right to terminate access to the TouchTunes Network for those users who repeatedly infringe the copyright rights of others.
7. Promotions and Sweepstakes
The TouchTunes Network may, as a convenience to users, provide links to third-party content and other web sites and online services, through links made available by TouchTunes, our affiliates, our users, or third parties. We do not control, sponsor, endorse, or accept any responsibility for such material. TouchTunes is not responsible for the content or privacy practices of any linked sites or services.
9. Limitation of Liability
You understand that the TouchTunes Network 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 the TouchTunes Network, for any reason, including costs incurred while using the TouchTunes Network, delays in ordering music, the inaccessibility or technical failure of the TouchTunes Network, or the costs associated with any claims you bring or try to bring against us.
IN NO EVENT WILL TOUCHTUNES, ITS AFFILIATES, ITS BUSINESS PARTNERS OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TOUCHTUNES NETWORK (INCLUDING ANY RELATED CONTENT AND SERVICES) (“THIRD-PARTY PROVIDERS”), BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TOUCHTUNES, ITS AFFILIATES, BUSINESS PARTNERSAND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO ACCESS OR USE THE TOUCHTUNES NETWORK (INCLUDING ANY RELATED CONTENT OR SERVICES) 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 THE TOUCHTUNES NETWORK 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 THE TOUCHTUNES NETWORK, YOU AGREE TO ADDRESS AND RESOLVE SUCH DISPUTE WITH SUCH OTHER USER AND NOT TOUCHTUNES AND TO RELEASE TOUCHTUNES, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. THE MAXIMUM AGGREGATE LIABILITY OF TOUCHTUNES, ITS AFFILIATES, BUSINESS PARTNERS AND ANY THIRD-PARTY PROVIDERS SHALL BE THE LESSER OF (A) THE TOTAL AMOUNT PAID BY YOU TO TOUCHTUNES TO USE THE TOUCHTUNES NETWORK AND (B) ONE HUNDRED U.S. DOLLARS ($100.00).
For jurisdictions that 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 ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS (THE “TOUCHTUNES PARTIES”) AGAINST AND HOLD THE TOUCHTUNES PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS AND EXPENSES (INCLUDING LEGAL FEES) INCURRED AS A RESULT OF YOUR USE OF THE TOUCHTUNES NETWORK (INCLUDING ANY RELATED CONTENT AND SERVICES) OR CLAIMS MADE IN CONNECTION WITH SUCH USE.
11. Disclaimer of Warranties
THE TOUCHTUNES NETWORK (INCLUDING ANY RELATED CONTENT AND SERVICES) IS PROVIDED “AS IS.” TOUCHTUNES, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS MAKE NO REPRESENTATION,WARRANTY OR CONDITION OF ANY KIND WHATSOEVER RELATING TO THE TOUCHTUNES NETWORK, LINKED SITES, USER SUBMISSIONS, OR OTHER CONTENT OR SERVICES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE TOUCHTUNES NETWORK. TOUCHTUNES, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOUCHTUNES, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS DISCLAIM 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 THE TOUCHTUNES NETWORK, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY (INCLUDING TIMELINESS), CORRECTNESS OR COMPLETENESS OF ANY CONTENT, MATERIALS, DATA (INCLUDING DESCRIPTIONS OF PRODUCTS AND SERVICES) MADE AVAILABLE ON THE TOUCHTUNES NETWORK 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 THE TOUCHTUNES NETWORK WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
TOUCHTUNES, ITS AFFILIATES, BUSINESS PARTNERSAND THIRD-PARTY PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE TOUCHTUNES NETWORK WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE TOUCHTUNES NETWORK WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE TOUCHTUNES NETWORK WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE TOUCHTUNES NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE TOUCHTUNES NETWORK IS SUBJECT TO CHANGE WITHOUT NOTICE AND TOUCHTUNES DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
Applicable law may not allow for limitations on certain implied warranties; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
3. Entire Agreement / Governing Law / Arbitration / Class Action Waiver/Language
14. Jurisdictional Issues
The TouchTunes Network and our services are controlled, operated and made available from the North America and are not intended to subject TouchTunes to the laws of any jurisdiction outside of the US and Canada. The TouchTunes Network and our services may not be appropriate or available for use in some jurisdictions outside of North America. Any use of the TouchTunes Network and our services are at your own risk and you must comply with all applicable laws, rules and regulations in doing so. We may limit the TouchTunes Network’ and our services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
16. Additional Agreements
17. 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 the TouchTunes Network 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.
18. No Waiver
19. Information or Complaints
If you have a question or complaint regarding the TouchTunes Network, please send an e-mail to email@example.com. You may also contact us by writing to 850 Third Avenue, Suite 15C, New York, NY 10022, or by calling us at 212-991-6540. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Any Questions?
22. Apple-Specific Terms.