This Ayititunes Inc. (“Ayititunes”) Terms of Service, inconjunction with the-rivacy-oicy andother terms and conditions of use which are incorporated herein by referenceand may be posted and applicable to specific services, governs your use of the AyititunesInc. website (“Ayititunes.com”) and any Ayititunes platform (“Platform”)specifically including but not limited to the Ayititunes mobile application, isa LEGALLY BINDING CONTRACT, and are referred to throughout as the “Agreement’.
By visiting the Ayititunes.com, using anycontent, products or services provided to you on, from, or through the AyititunesInc. website or Platform (collectively the “Services”) you are signifying thatyou have read the Agreement, that you understand the Agreement, and you agreeto be bound by all of the terms of the Agreement.
If you don’t completely agree with the termsof the agreement, but still use any Ayititunes Service or Platform, you willstill be bound to the terms of the agreement.
Ayititunes may modify this Agreement at anytime without any prior notice to you and said modifications may becomeeffective immediately upon their posting to the website. Your continued use ofany Ayititunes Service or Platform following a modification to this Agreementindicates your acceptance of the Agreement and you agree to be bound by anysuch modification. If you are dissatisfied with anything related to any Ayititunes.comService or Platform your sole remedy is to discontinue use of said Service orPlatform. You use any Ayititunes Service or Platform at your own risk.
The Agreement applies to all users of any Ayititunes Service orPlatform, including users who contribute content. "content" includestext, software, scripts, graphics, photos, sounds, music, videos, audiovisualcombinations, interactive features and other materials you may contribute toany Ayititunes Service or Platform. This includes all aspects of Ayititunesincluding but not limited to, all products, software and services offered viathe Ayititunes website and mobile app.
Ayititunes may change, suspend or discontinueall or any aspect of any Service or Platform at any time, including theavailability of any feature, database, or content, without prior notice orliability.
Ayititunes may contain links to third partywebsites. By use of any Ayititunes Service or Platform, you expressly relieve AyititunesInc. from any and all liability arising from your use of any third-partywebsite.
By signing up for an Ayititunes account youopt-in to receiving emails from Ayititunes. At times Ayititunes will sendaccount holders emails notifying them of system upgrades, issues and othermessages. You will have the option to opt-out of these emails by clicking theunsubscribe link included in any of our email messages.
Acceptable Use of the Service – UserResponsibility
You agree while using any Ayititunes Service or Platform thatyou MAY NOT:
· Distribute an illegalor unauthorized copy of another person's trademarked or copyrighted work;
· Alter or modify anypart of the Services;
· Alter or modify anypart of the Platform;
· Use the Services forany illegal purpose;
· Use the Platform forany illegal purpose;
· Use any spider,readers, site search application, or other device to retrieve or index anyportion of the Service or Platform, with the exception of major public searchengines;
· Transmit any viruses,worms, spam or malware or other items of a destructive nature;
· Upload any contentthat includes code hidden or otherwise contained within the content which isunrelated to the content;
· Reformat or frame anyportion of any web page that is part of the Service or Platform;
· Collect or harvest anypersonal identifiable information or account names or solicit users;
· Impersonate anotherperson or artist.
· Violate or attempt toviolate Ayititunes systems or interfere with the normal use of the Service orPlatform by users;
· Post advertisements,promotions or solicitations;
· Submit any contentthat falsely implies sponsorship of the content by the Service or Platform,falsify or delete any author attribution in any content, or promote anyinformation that you know is false or misleading;
· Post any links to anyexternal Internet sites that are obscene or sexually explicit material of anykind.
To access or benefit from some of the Ayititunes Service orPlatform you will have to create a Ayititunes account. You are responsible formaintaining the confidentiality of your access information and are responsiblefor all activities that occur utilizing your information. Although Ayitituneswill not be liable for any losses you might suffer, you may be liable for thelosses of Ayititunes or others.
User Content and Conduct
In addition to the general restrictions above, the followingrestrictions and conditions apply specifically to your use of the content. Youwill comply with laws regarding transmission of data.
Content is provided to you as is. Youunderstand that when using any Ayititunes Service or Platform, you will beexposed to content from a many different sources, and that Ayititunes is notresponsible for the accuracy, usefulness, safety, or intellectual propertyrights of such content. You further understand and acknowledge that you may beexposed to content that is inaccurate, offensive, indecent, or objectionable,and you agree to waive, and hereby do waive, any legal or equitable rights orremedies you have or may have against Ayititunes with respect to the extentpermitted by USA law, agree to indemnify and hold harmless Ayititunes itsowners, operators, affiliates, licensors, and licensees to the fullest extentallowed by law regarding all matters related to your use of the Service orPlatform. You acknowledge your use of content is at your sole risk.
You shall be solely responsible for your owncontent and the consequences of storing and distributing your content on the AyititunesService or on any Ayititunes Platform. You affirm, represent, and warrant thatyou own or have the necessary licenses, rights, consents, and permissions todistribute content through the Ayititunes Service or on any AyititunesPlatform; and you license to Ayititunes all patent, trademark, copyright orother proprietary rights for distribution on any Ayititunes Service or Platformpursuant to the Agreement.
For clarity, you retain all of your ownershiprights in your content. However, by distributing content through Ayititunes.com,you grant Ayititunes a non-exclusive, royalty-free, and licensable to use,reproduce, distribute, prepare derivative works of, display, perform the contentin connection with any Ayititunes Service, Platform and Ayititunes’s (includingbut not limited to its successors and affiliates) business. By accepting theseterms and uploading your content, you agree and understand that in the eventyou elect to enable downloads/offline play on any of your songs and/or albums,these materials will be made available to iOS and Android app users who selectyour material for offline play. Accepting our TOS means you grant Ayititunesthe right to make your songs/albums available to app users for offline play ifyou select "allow downloads/offline play" in your song or albumsettings. As a reminder - you cannot upload any third party content whichinfringes on third party intellectual property or copyrights, and you cannotmake any material available download that you are not the authorized copyrightholder for.
Ayititunes will respond to any and alltakedown requests that comply with the requirements of the Digital MillenniumCopyright Act (“DMCA”), and other applicable intellectual property laws. Tofile a copyright infringement notification with us you will need to send awritten or electronic communication to Ayititunes at the email addressfollowing this Agreement that includes the following:
(1) A physical orelectronic signature of a person authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.
(2) Identificationof the copyrighted work claimed to have been infringed. Please include ascreenshot of the alleged copyright infringement on the Ayititunes platform.
(3) Informationreasonably sufficient to permit Ayititunes to contact the complaining party,such as an address, telephone number and, if available, an electronic mailaddress at which the complaining party may be contacted.
You control your data through your accountand/or cookies which may be placed on your computer. Ayititunes maintainsmultiple copies of active files. Ayititunes bears no responsibility formaintaining your data.
Ayititunes.com is not a data warehousingwebsite. The intended use is for active file sharing which may inadvertentlyresult in backups of files being shared.
Any views expressed on the website do notreflect the views of Ayititunes.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLERISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AYITITUNES, ITS OFFICERS,EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NEITHER AYITITUNES NOR ANY PROVIDER OF ANYTHIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERRORFREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THESERVICES OR CONTENT.
NEITHER AYITITUNES NOR ANY THIRD PARTY WARRANTOR GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH ANY AYITITUNESSERVICE OR PLATFORM WILL BE FREE OF VIRUSES OR SIMILAR DESTRUCTIVE FEATURES.YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THESERVICES AND THE ACCURACY OF THE CONTENT. AYITITUNES IS NOT RESPONSIBLEUNAUTHORIZED OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITSAGREEMENT.
AYITITUNES DOES NOT WARRANT, GUARANTEE, ORASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING, AND AYITITUNESWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NEITHER AYITITUNES, NOR ANY THIRD PARTYPROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USEOF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AYITITUNES's AGGREGATE LIABILITYTO YOUR OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THESERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTSOF THE BASIS OF THE DEAL BETWEEN AYITITUNES AND YOU. IN STATES OR COUNTRIES NOTALLOWING EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTALDAMAGES, AYITITUNES AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THEGREATEST EXTENT OF THE LAW.
You agree to indemnify, defend and hold Ayititunes and itsaffiliates and their respective officers, owners, employees, agents,information providers and licensors harmless from and against any and allclaims, liability, losses, damages, obligations, costs and expenses, includingattorney’s fees, incurred by any Ayititunes Party in connection with anycontent or use of any Ayititunes Service or Platform, whether via your passwordand by any other person, whether or not authorized by you. This defense andindemnification obligation will survive these Terms of Service and your use ofthe Services.
General Terms and Conditions
The Agreement shall be construed in accordance with the laws ofthe State of New York, without reference to principles of choice of law. Youand Ayititunes each irrevocably consent to the personal jurisdiction of thefederal or state courts located in New York County, New York("Courts") with respect to any action, suit or proceeding arising outof or related to the Agreement or to the Services and /or content and waive anyobjection to venue in any of the Courts for such as action, suit or proceeding;additionally, you agree that you will not bring any such action, suit orproceeding in any court other than the Courts.
Please e-mail reports of any violationsto info@Ayititunes.com