TERMS OF USE –THE MUSIC CHALLENGE

 

 

1. READ THIS: This Terms of Use Agreement (Agreement) is made by and between Enfiniti Apps, LLC [hereinafter “Company”], a Georgia Limited Liability Company, located at 257 Lawrence Street NE Suite 1399 Marietta, GA 30061 and you the user (“you”, “your” or “User”).

 

This Agreement contains the complete terms and conditions governing your use of all mobile software applications the Company makes available for download and the related website located at www.TheMusicChallenge.com.  BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SERVICE, OR OTHER COMPANY SOFTWARE, WEBSITES OR CONTENT (COLLECTIVELY THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SERVICE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S DISCRETION.  CONTINUED USE OF ANY PART OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.  USERS WILL BE NOTIFIED VIA EMAIL OF ANY SUBSTANTIAL CHANGES TO THIS AGREEMENT AND

 

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED IN-APP OR BY GOING TO OUR WEBSITE WWW.THEMUSICCHALLENGE.COM/TERMS.

 

Your access to and use of the Service is also subject to the Company’s Privacy Policy, the terms and conditions of which are incorporated herein by reference.  THE PRIVACY POLICY CAN BE REVIEWED IN-APP OR BY GOING TO OUR WEBSITE WWW.THEMUSICCHALLENGE.COM/PRIVACY.

 

2. ACCESS TO THE SERVICE. To access the Service, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to the Service, or to any of its resources, and to terminate or suspend your access at any time.

 

3. APPLICABLE USE OF THE SERVICE. You may use the Service for purposes expressly permitted by this site. As a condition of your use of the Service, you warrant to Company that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

4. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand, or frame any of Company’s Service, without the express prior written permission of an authorized representative of Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. For purposes of these Terms of Use, “framing” refers to displaying any Company webpage within a bordered area of another website or application, regardless of whether the address of the originating Service is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from Company.  This restriction does not apply to reposting user content on other social media sites for non-commercial purposes.

 

5. NO UNLAWFUL ACCESS. In addition, you agree that you will not use Company’s Service in any manner that could in any way disable, overburden, damage, or impair the Service or otherwise interfere with any other party’s use and enjoyment of the Service. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Service.

 

6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Company’s Service is for your personal and non-commercial use, unless otherwise specified. You may not use the Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company’s Service.

 

7. PROPRIETARY INFORMATION. All content found on the Company website or application (the “Content”) is considered the copyrighted and trademarked intellectual property of Enfiniti Apps, LLC, or of the party that created and/or licensed the Content to Company. No rights or title to any of the works contained on any Company Content shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of Company, except that you may print out and/or save a copy of the Content for personal use.

 

8. SUBMISSIONS. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Company through the Service (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or business.

The Company does not pre-screen any Submissions, but reserves the right to remove, disallow, block or delete any Submission in its sole discretion.

 

9. HYPERLINKING. This site may be hyperlinked to and by other websites which are not maintained by, or related to Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with the Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the website or application to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website or advertisement.

 

10. USE OF COMMUNICATION SERVICES. Company’s Service may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with other Users of the Service (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:

you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

advocates illegal activity, discusses an intent to commit an illegal act or violates any law;

 

is vulgar, obscene, pornographic, or indecent;

 

threatens or abuses others; (v) is libelous or defamatory towards others;

 

is racist, abusive, harassing, threatening or offensive;

 

seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

 

harvests or otherwise collects information about others, including e-mail addresses, without their consent;

 

impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

 

falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);

 

advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

 

solicits funds, advertisers or sponsors for any purpose;

 

includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;

 

disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;

 

amounts to a pyramid or other like scheme, including illegitimate contests, chain letters, and surveys;

 

disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

 

contains hyperlinks to other sites that contain content that falls within the scope of this Section.

 

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.

 

Nothing in this Agreement grants you a license to reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including, but not limited to, sound recordings or musical works in your Submissions. You are solely responsible for clearing the rights to any third party content, including, but not limited to, sound recordings and musical works.

 

11. RIGHT TO TERMINATE ACCESS. Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

12. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

13. PERSONALLY IDENTIFIABLE INFORMATION. Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service or Submission. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy in app or on our website at www.TheMusicChallenge.com/Privacy Company bears no responsibility for Personally Identifiable Information inadvertently posted by the User to the User Community.

 

14. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company’s Service will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your cellular phones, tablet devices, computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Service. Company further disclaims any responsibility to ensure that the Content located on its websites is necessarily complete and up-to-date.

 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

15. INDEMNITY. You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the Indemnified Parties) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Service.

 

16.TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this site are the property of Company or the party that provided the intellectual property to Company. Company and any party that provides intellectual property to Company retain all rights with respect to any of their respective intellectual property appearing in the Service.

 

17. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:

 

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:

A description of the copyrighted work that you claim has been infringed upon;

 

A description of where the material that you claim is infringing is located on the site, including the current website address;

 

Your address, telephone number, and e-mail address;

 

A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;

 

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Company’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Enfinit Apps, LLC

257 Lawrence St. NE Suite 1399 Marrietta, GA 30061

e-mail: claims@themusicchallenge.com

 

18. IN APP PURCHASES User’s may purchase “Street Cred” Points in order to advance their uploaded content.  These Points will allow Users to place additional votes, than those allotted within a given time period, towards winning challenges against other User’s.  Company makes no guarantee of an increase in probability of User’s chances to win any particular challenge by purchasing the Street Cred Points. All sales of Street Cred Points are final and the Company does not offer refunds for any reason.

Users may also purchase advertisement space within the Service for a specified time period.  Users may purchase advertisement to promote relevant content to the Service i.e. music videos, or a mixtape/album release.  User’s must submit a request to advertise via email at advertise@themusicchallenge.com The request should include relevant links or files containing the content desired to be advertised on the Service as well as contact information.  Users must own or have permission to display the content requested to be advertised.  Company shall not be responsible for the content of the advertised materials. Company reserves the right to deny any requests for advertisement at its sole discretion.  All confirmed sales of advertisement space are final and the Company may deny requests for cancellations at its sole discretion.

 

19. SECURITY.

Any passwords used for this site are for individual use only. You will be responsible for the security of your password(s). From time to time, Company may require that you change your password.

 

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security, or tampering with the voting process (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. This prohibition extends to any manipulation of the purchasing and use of any “Street Cred” points within the Service. If you become involved in any violation of this type, Company reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

20. MISCELLANEOUS. These Terms of Use will be governed and interpreted pursuant to the laws of Georgia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Marietta, Georgia.

 

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of Company’s Service. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Company with respect to Company’s Service. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting. Users will be notified by email of any substantial changes to these Terms and continued use of the Service will constitute assent to any additional or changed Terms of Use.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

 

21. TERM/TERMINATION The term of this Agreement commences when you begin use of the Service and will continue in effect until terminated by you or Company as set forth in this Section 21.

 

You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party copyright owner of musical works or sound recordings. The Company may further terminate this Agreement for any other reason and will provide notice to you using the email address associated with your account credentials. The Company reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

 

 Upon termination:

 

(i)  all rights granted to you under this Agreement will also terminate; and

 

(ii)  you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

 

 

Termination will not limit any of Company’s rights or remedies at law or in equity.

 

22. CONTACT If you have any questions you may contact us by mail at 257 Lawrence Street NE Suite 1399 Marietta, GA 30061 or by e-mailing us at

General: support@themusicchallenge.com

Billing: billing@themusicchallenge.com

Advertisement: advertise@themusicchallenge.com