Terms and Conditions

Last Updated: April 2015

Welcome to TouchTunes.com and the TouchTunes network of jukeboxes (collectively, the “TouchTunes Services”), operated by TouchTunes UK Limited and its affiliates (“TouchTunes,” “we” or “us”).  Your access to and use of the TouchTunes Services is subject to these Terms, our PhotoBooth Rules and our Privacy Policy (the “Terms”).  Please read these Terms carefully. By using the TouchTunes Services you agree to these Terms. We reserve the right to change the Terms from time to time without notice, as we deem necessary.  You are encouraged to review these Terms periodically for changes and other updates. Your continued use of the TouchTunes Services is deemed to be your acceptance of any changes to our Terms. If you do not agree to these terms, please do not use the TouchTunes Services.

 

User Conduct

 

You agree to use the TouchTunes Services in accordance with applicable laws and not to use the TouchTunes Services to undertake illegal activities, including but not limited to, piracy, copyright infringement, bootlegging, harassment of other users, violence, obscenity or sexually explicit behaviour, or for any purposes that are otherwise objectionable to TouchTunes.

When you register for an account on any of the TouchTunes Services, you will be able to use your access credentials on all TouchTunes services that we make available for your use.  Whenever we ask you for personal information in a registration form or elsewhere, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes.  For more information about how we may use your information and how you can access or update your information, please see our Privacy Policy.

The Terms will apply to your use of all of these services.  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 your account.  If you become aware that any other person has accessed your TouchTunes 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.

You agree that you will only access the TouchTunes Services through the interfaces we provide.  You agree not to “hack” our services or systems, reverse-engineer the TouchTunes Services, take any action that could have the effect of damaging the TouchTunes Services or its security, or interfere with other users’ use of the TouchTunes Services, either on the web 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 a TouchTunes jukebox) to access the TouchTunes Services or to collect content from the TouchTunes Services.

When a breach of applicable laws or the Terms has occurred, we may take such action as we deem appropriate, including, for example, restricting, suspending or terminating your right to access the TouchTunes Services; taking legal action against you; or disclosing information to law enforcement as we reasonably feel is necessary.

 

Proprietary Rights

 

The TouchTunes Services are protected as a collective work or compilation under applicable national copyright laws.  Individual content and other elements are also copyrighted works.  All copyrights are owned by TouchTunes or its third-party licensors to the full extent permitted by applicable national copyright laws.  You must abide by all copyright notices and restrictions appearing on the TouchTunes Services.

Our services are provided for your personal and non-commercial use only and we do not grant you a license to use the TouchTunes Services for any other purpose.  Except for content that you create, you may not copy, reproduce, make available for the public, distribute, publish, display, perform, modify, create derivative works, transmit, sell or offer for sale, or in any way exploit any part of the TouchTunes Services without our express written permission.  To request express written permission to copy, reproduce, make available for the public, distribute, publish, enter into a database, display, perform, modify, create derivative works of, transmit, distribute, or in any way exploit any part of the TouchTunes Services, please contact us.

All rights in product names, company names, trade names, logos and designs, 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 copyright laws.  The use or misuse of any trademarks, or any materials, except as permitted by the Terms, is expressly prohibited, and nothing stated or implied on the TouchTunes Services confers on you any license or right under any patent or trademark of TouchTunes or any third party.

 

User Content and Communications

 

The TouchTunes Services contain features that enable you to create content and communicate that content with others (“User Submissions”).  You accept sole responsibility for such User Submissions in any form or medium (e.g., audio, video, photographic).  TouchTunes shall not be responsible for any User Submissions or any related conduct or practices.  You agree that none of your User Submissions will infringe on the intellectual property rights of others or include obscene, libellous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane or embarrassing material, as determined by TouchTunes in its sole discretion.

Where you provide any User Submission to us, you grant us, our affiliates and our partners a worldwide, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, make available for the public, create derivative works of, distribute, publicly display, transfer, transmit and publish such User Submission and subsequent versions thereof.  This license will apply to the distribution and storage of your User Submission in any form, medium or technology now known or later developed.  You agree that you will not attempt to enforce any “moral rights” in your User Submission against us, our affiliates and/or our partners.

We reserve the right, in our sole discretion, to monitor User Submissions for the purpose of identifying any violation of the Terms or applicable laws.  If we become aware of any violation of applicable laws, the Terms or behaviour that we consider to be objectionable, we may delete the relevant material or take other action without notice to you and in our sole discretion.
If you notice that any other user's submissions appear to violate these Terms, or if any other user ever makes you feel harassed or unsafe, please contact us at general@touchtunes.com. 
You understand and agree that User Submissions are neither owned by nor provided by TouchTunes, and that TouchTunes is in no way responsible for such User Submissions or any related conduct or practices.

Because TouchTunes is a public service and TouchTunes jukeboxes are located in public places, we can’t guarantee that any User Submissions, even those that you do not intentionally publish, will remain confidential.  Likewise, because the transmission of information over wireless and wired networks is not inherently secure, we can’t guarantee that information (including personal information and private communications) transmitted to our servers will remain confidential.

 

Minors

 

Some TouchTunes Services users may be children under the age of 18.  Adult users agree that they will not attempt to contact or to identify children through the TouchTunes Services.  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.  We do not knowingly collect or retain information relating to children under the age of 13 years. If we learn that you are under 13 years of age, we will not keep or use any personal information about you without the verifiable consent of a parent or guardian, except as allowed or required by law.

 

Notice of Copyright Infringement

 

If you believe in good faith that your copyrighted work has been reproduced on or linked from the TouchTunes Services without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

  • identification of the copyrighted work claimed to have been infringed;

  • identification of the allegedly infringing material on the TouchTunes Services that is requested to be removed, including information that is reasonably sufficient to permit TouchTunes to locate the allegedly infringing material;

  • your name, address and daytime telephone number, and an email address if available, so that we may contact you if necessary;

  • a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;

  • a statement that the information in the notification is accurate and that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

  • an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of infringement on the TouchTunes Services is:

Copyright Complaints
Attention:  General Counsel
TouchTunes UK Limited
4 Greenland Place
London NW1 0AP
United Kingdom
Email:  copyright@touchtunes.com

This contact information is only for notifications of suspected copyright infringement.  Contact information for other matters is provided below. We reserve the right to terminate the service privileges of those who repeatedly infringe on the copyright of others.

 

Pay Services

 

Some of our services are available upon payment of a fee.  For example, we may allow you to request play of a song at a particular jukebox after you pay a specified fee.  We will try to honour all song requests, although we cannot guarantee that your song request will be honoured, and we will not be responsible if a requested song does not play.  We do not offer refunds under any circumstances.

You are not authorized to access any services for which a fee is charged except if you have paid the appropriate fee.  You may not assist anyone else in accessing pay services on an unauthorized basis, including by providing content that you obtained through Pay Services to third parties.

 

Contests, Sweepstakes, Promotions

 

You may wish to participate in contests, sweepstakes, and other promotions that we may offer from time to time.  Any contests, sweepstakes or promotions made available to you may be governed by rules that are separate from these Terms.  If you participate in any contests, sweepstakes or promotions, please review the applicable rules as well as our Privacy Policy.  If the rules conflict with these Terms, the rules of the contest, sweepstake or promotion will govern.

 

Links

 

The TouchTunes Services may provide links or references to the websites or content of other companies, whether affiliated with us or not.  Similarly, the TouchTunes Services may be accessed through third party links over which we have no control.  We make no warranties or representations of any kind as to the accuracy, currency or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. We also have no control over the privacy practices of any other third party services or websites that you choose to access.  Please check the individual policies of those websites for further details. Inclusion of any third-party link does not imply an endorsement or recommendation by TouchTunes.  We cannot give any undertaking that products or services you purchase from such third parties, or from companies to whose websites we have provided a link on the TouchTunes Services will be of satisfactory quality or fit for any specified purpose, and any such warranties are DISCLAIMED by us absolutely.

 

Disclaimer of Warranties

 

TOUCHTUNES SHALL USE REASONABLE EFFORTS TO PROVIDE THE TOUCHTUNES SERVICES TO YOU.  THE TOUCHTUNES SERVICES ARE PROVIDED “AS IS”.  TOUCHTUNES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE TOUCHTUNES SERVICES, LINKED SITES OR USER SUBMISSIONS, OR OTHER CONTENT ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE TOUCHTUNES SERVICES. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOUCHTUNES DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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 SERVICES, (D) WARRANTIES RELATING TO THE ACCURACY,  RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE TOUCHTUNES SERVICES, OR OTHERWISE BY TOUCHTUNES, AND (E) WARRANTIES RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TOUCHTUNES OR ANY THIRD PARTY.  WE PROVIDE NO WARRANTIES THAT THE TOUCHTUNES         SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY THIRD PARTY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

TOUCHTUNES MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE TOUCHTUNES SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE TOUCHTUNES SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (C) THAT DEFECTS OR ERRORS IN THE TOUCHTUNES SERVICES WILL BE CORRECTED OR (D) THAT THE CONTENT ON THE TOUCHTUNES SERVICES IS NOT VULNERABLE TO VIRUSES, CORRUPTION, ATTACK, HACKING OR OTHER HARMFUL COMPONENTS.  THE CONTENT ON THE TOUCHTUNES SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE AND TOUCHTUNES DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

YOUR LEGAL RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THESE TERMS.  FOR MORE INFORMATION ABOUT YOUR RIGHTS, PLEASE SEEK LEGAL ADVICE FROM THE RELEVANT CONSUMER PROTECTION BODY IN YOUR COUNTRY OF DOMICILE, SUCH AS THE CONSUMER DISPUTES BOARD, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR CITIZEN’S ADVICE BUREAU.

 

Limitation of Liability

 

TOUCHTUNES, ITS AFFILIATES, AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE TOUCHTUNES SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE TOUCHTUNES SERVICES, LOSS OF DATA, ANY ERRORS OR OMISSIONS IN ANY CONTENT, LOSS OF BUSINESS OR PROFITS, LOSS OF GOODWILL, DAMAGE TO TRADING RELATIONSHIPS, OR OTHER FINANCIAL LOSS) ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE TOUCHTUNES 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. 
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, TOUCHTUNES'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.   HOWEVER, IN NO EVENT SHALL TOUCHTUNES’S, OUR AFFILIATES’, OR ANY PARTNER'S LIABILITY FOR DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE TOUCHTUNES SERVICES.
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 SERVICES, YOU AGREE TO ADDRESS AND RESOLVE SUCH DISPUTE WITH SUCH OTHER USER DIRECTLY AND NOT TOUCHTUNES, AND TO RELEASE TOUCHTUNES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
THESE LIMITATIONS APPLY WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. NOTHING IN THESE TERMS AND CONDITIONS RESTRICTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY.

 

Indemnity

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TOUCHTUNES, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, SUPPLIERS, AFFILIATES AND THIRD PARTY PARTNERS AND LICENSORS FROM AND AGAINST ALL LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, CLAIMS, DEMANDS AND PROCEEDINGS WHATSOEVER, HOWSOEVER ARISING, RESULTING FROM YOUR USE OF THE TOUCHTUNES SERVICES IN VIOLATION OF THESE TERMS OR CLAIMS FOR VIOLATION OF THE TERMS MADE IN CONNECTION WITH SUCH USE.

 

Privacy Policy

 

  • A separate document, the Privacy Policy, explains our handling of personal information we maintain about you while you use the TouchTunes Services.  By using the TouchTunes Services, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the TouchTunes Services.  If you have questions about our privacy practices, you can always contact us.

 

Termination

 

This agreement may be terminated by TouchTunes for any reason at any time.  Clauses 2, 3 and 6 through 18 shall survive such termination.

 

Governing Law

 

The Terms will be governed by English law.  Any dispute arising from, or related to, the Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

The Terms and any document expressly referred to in them represent the entire agreement between us in relation to the provision of the TouchTunes Services and supersede any prior agreement, understanding or arrangement, whether oral or in writing.

If any of the Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Additional Agreements

 

From time to time, we might also offer certain services that require an additional agreement.  When this is required, we will provide the additional agreement to you when you try to access such a service.  You should read and ensure that you understand any additional agreements before using the service that it covers.  Use of that service indicates your acceptance of the Terms and any additional agreements.

 

No Professional Advice

 

Information supplied by any employee or agent of TouchTunes, whether by telephone, email, letter or facsimile, or other form of communication, is intended solely as general guidance and does not constitute legal, tax, medical, accounting, or other professional advice.

 

No waiver

 

Our failure to enforce any provision of the Terms or respond to a breach by you or other parties does not in any way waive our rights to enforce subsequently any of the Terms or to act with respect to similar breaches.

 

Miscellaneous

 

You agree that no joint venture, partnership, employment or agency relationship exists between you and TouchTunes as a result of the Terms or your access to and use of the TouchTunes Services.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions

 

Any questions, comments or complaints should be directed to general@touchtunes.com.  The TouchTunes Services are provided by TouchTunes UK Limited, located at 4 Greenland Place
London NW1 0AP, telephone number: + 44 (0)20 7644 8881