iJukebox Service Terms of Use

 

IMPORTANT – READ CAREFULLY

THE IJUKEBOX SERVICE TERMS OF USE (“TERMS OF USE“) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND DISRUPTIVE APPS, INC., A DELAWARE CORPORATION (“IJUKEBOX“, “DISRUPTIVEAPPS”, “WE“, “OUR“).

BY USING THE IJUKEBOX SERVICE YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF USE AND OUR PRIVACY POLICY (AS APPLICABLE) (COLLECTIVELY THE “AGREEMENT”) AND YOU UNDERSTAND, AND YOU CONSENT TO BE BOUND BY, ALL THE TERMS AND CONDITIONS OF THE AGREEMENT. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY VERSION OF THE IJUKEBOX SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED IN THESE TERMS OF USE AND THE TERMS OF THE AGREEMENT, YOU SHOULD NOT USE THE IJUKEBOX SERVICE.

 

The Terms of Service apply to Your use of the iJukebox Service and Content (as each are defined below). As used herein, iJukebox, includes DisruptiveApps, Inc. and its divisions, subsidiaries, successors, parent companies, and their respective directors, officers, employees, partners, principals, agents and representatives.

iJukebox reserves the right, in its sole discretion, to change, add or remove portions of these Terms of Use at any time and all rights that it may have in law or equity to enforce the terms of these Terms of Use or the use of the Content. It is Your responsibility to check these Terms of Use each time before using the iJukebox Service. Your continued use of the iJukebox Service following the posting of changes will mean that You accept and agree to the changes. Because they are binding upon You and govern Your relationship with iJukebox, You should visit this page from time to time to review the then-current Terms of Use.

 

1. Description of the iJukebox Service

iJukebox provides an on-demand offering of streams of digital content (“Streamed Tracks”) via the iJukebox App, available in venues who have entered into agreements with DisruptiveApps to provide the iJukebox Service (‘Venues”) , and the ability to access :30 second samples (‘Samples”) of Content via the iJukebox App (collectively the “iJukebox Service”).  The iJukebox App is made available to You via the App store on your iPhone and iPad, and via the Android Marketplace or otherwise. Reference to the iJukebox Service throughout these Terms of Use shall be deemed to include any software, photographs, data, graphics, artwork, text, materials and products included on or otherwise made available to You through the iJukebox Service, as applicable.

 

2. Content

Samples and Streamed Tracks shall collectively be referred to as “Content”.

 

3. Age Requirements

The iJukebox Service is available for individuals aged 13 years or older. If You are older than 13 years of age but under 18 years of age You should review this Agreement with a parent or guardian prior to using the iJukebox Service to ensure You fully understand the terms and conditions.

 

4. Usage Rules and Security

Usage Rules

You understand and agree that Your use of the Content is limited by certain usage licensing rules established by iJukebox and/or the owners of the Content (“Content Owners”) and/or third party licensors and will govern Your rights with respect to that Content as set forth herein (“Usage Rules”), including, without limitation:

The use of the Content and access to the iJukebox Service is subject to Your prior acceptance of the terms of this Agreement.

The Content and iJukebox Service may be used solely its intended purpose.

Unless otherwise expressly authorized in this Agreement, any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion, commercial use, sale, transfer, assignment or other use of the Content provided through the iJukebox Service is a violation of copyright law and is expressly prohibited.

The Usage Rules may be controlled and compliance with Usage Rules may be monitored by iJukebox and the Content Owners who each reserve the right to enforce the Usage Rules with or without notice to You. iJukebox reserves the right to modify the Usage Rules at any time.

Security

You understand and agree that the iJukebox Service, and products accessed through the iJukebox Service, such as Content are provided by way of license only, include a security framework using technology that is designed to protect digital content information and may limit Your access and use of Content and iJukebox Service according to the Usage Rules and terms of this Agreement.

You agree not to violate, or attempt to violate, the Usage Rules, any security components of the iJukebox Service or Content or security technology or software. You agree not to, nor attempt to, nor encourage or assist a third party to or to attempt to, violate, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components used to administer the iJukebox Service or related to such Usage Rules for any reason whatsoever or interfere with, remove or alter any rights management information in relation to the Content.  You agree to abide by the rules and policies established from time to time by iJukbox.  Such rules and policies will be applied generally in a nondiscriminatory manner to users of the iJukebox Service and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

You agree that Your use of the iJukebox Service, Your streaming of Content and use of information related to the Content constitutes Your acceptance of and agreement to use such Content solely in accordance with the applicable Usage Rules, and that any other use of the Content or the iJukebox Service will constitute a breach of this Agreement and may constitute a violation of law, including copyright infringement. Any security technology, as applicable, is an included as part of the Content and the iJukebox Service.

 

5. Terms of Use

You warrant represent and undertake that You will not use the iJukebox Service including any Content:

to violate or infringe anyone’s intellectual property rights;

in any way that may damage the reputation of iJukebox;

to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the iJukebox Service;

to attempt to gain unauthorized access to, interfere with or disrupt the iJukebox Service or servers or networks connected to the iJukebox Service, or disobey any requirements, procedures, policies or regulations of networks connected to the iJukebox Service;

to cause the iJukebox Service to distribute, upload, stream, display, embed, transmit or otherwise make available (i) any unauthorized or illegal content from any source; (ii) content that is explicit, violent, obscene, unlawful, harmful, threatening, abusive, harassing, tortious, discriminatory, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) content that advocates a political position, or (iv) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

to impersonate any person or entity, including, but not limited to, a iJukebox official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

change or manipulate any Content or data associated therewith, or any part of the iJukebox Service, other than as expressly permitted herein, harvest, collect, or store personal data about other users in connection with the prohibited conduct and activities set forth herein.

In using the iJukebox Service and Content You agree to comply with any applicable local, state, national or international law, and any regulations having the force of law.

You will not access or use the iJukebox Service by any means other than as provided by iJukebox, will not make any automated use of the iJukebox Service (such as through scripts, data mining, robots, screen scraping, or similar data gathering and extraction tools) or interfere with, disrupt or create an undue burden on the iJukebox Service or the networks or services connected to the iJukebox Service. You agree not to modify the iJukebox Service or Content in any manner or form, or to use modified versions of the iJukebox Service, for any purposes including obtaining unauthorized access to the iJukebox Service. Violations of system or network security, including without limitation the Usage Rules, may result in civil or criminal liability.

Any unauthorized reproduction, publication, further distribution or public exhibition of the iJukebox Service or materials provided on the iJukebox Service in whole or in part, is strictly prohibited.

System Requirements

Use of the iJukebox Service requires devices including but not limited to a mobile device, the internet and certain software. You acknowledge and agree that such system requirements, which may change from time to time, are Your sole responsibility.

Your Information

You shall provide accurate, current and complete information as may be required in the course of using the iJukebox Service, including but not limited to the purchase of any Streamed Tracks. You agree that iJukebox shall be entitled to store such data in accordance with the terms of Our Privacy Policy .

Access to Content and Objectionable Material

You acknowledge that iJukebox may or may not pre-screen Content, but that iJukebox and the Content Owners shall have the right (but not the obligation) in their sole discretion to pre-screen, change, suspend, refuse, remove or disable access to any Content that is available via the iJukebox Service without notice. In no event will iJukebox or Content Owners or its licensors be liable for the removal of, suspension of, or disabling of access to any Content, materials or other content in connection with the iJukebox Service. Without limiting the foregoing, iJukebox shall have the right (but not the obligation) to remove any Content that violates the Terms of Use or is otherwise objectionable.

You acknowledge and agree that by using the iJukebox Service, You may encounter content that may be deemed to be indecent, offensive or otherwise objectionable. You agree that Your access to and use of the iJukebox Service including any Content is at Your own risk and that iJukebox shall have no liability to You in respect of any content, including the Content, that is deemed to be offensive, indecent or objectionable.

YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. In this regard, you acknowledge that You may not rely on any Content created by iJukebox or third parties or submitted to iJukebox.

 

6. Payment Method and Terms

Payments for Streamed Tracks (including any applicable taxes) must be made by credit card or through a PayPal® account. By submitting an order through the iJukebox Service, You authorize iJukebox, or its designated payment processor, to charge the credit card or PayPal® account You provide for the total purchase amount. If iJukebox does not receive payment from the credit card issuer, its agent or PayPal®, You agree to pay all amounts due and owing. All payments are to be made in United States Dollars.

 

7. Third Party Software and Services

The iJukebox Service may be integrated with other services and software provided by third parties, including via Apple. If You access the iJukebox Service through a third party application or other interface, or use any third party software or other products in connection with the iJukebox Service, You may be subject to additional terms and conditions.

 

8. iJukebox Privacy Policy

Any information You provide to us through the iJukebox Service is subject to Our Privacy Policy which is expressly incorporated by reference into the terms of this Agreement. For more information, see Our full Privacy Policy.

 

9. Intellectual Property

You represent, warrant and agree that You are using the iJukebox Service hereunder for Your own personal, noncommercial entertainment use and not for redistribution of any kind.

All intellectual properties of the iJukebox Service, Content and all other information, materials and products included on or otherwise made available through the iJukebox Service (collectively “Intellectual Property”) are protected by copyright, patent, trade secret, trademark, trade dress, and service mark laws of the Territory, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

All Intellectual Property is the sole and exclusive property of its respective owners, which includes iJukebox, Content Owners and their respective subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, trade dress, and trade names are proprietary to iJukebox, Content Owners or their respective affiliates and/or third-party licensors. Except as expressly authorized by the owner of the Intellectual Property, you agree not to sell, rent, lease, loan, assign, sublicense, distribute, or otherwise transfer, copy or reproduce, modify, publicly perform or display, broadcast, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of such Intellectual Property other than as expressly authorised in this Agreement.

iJukebox or its licensors own the copyright in and to the iJukebox Service, including but not limited to the compilation of Content. Any use of the iJukebox Service otherwise than in accordance with this Agreement is strictly prohibited and infringes the intellectual property rights of others for which You may be liable.

iJukebox and Disruptive Apps are trademarks, domain names, and/or service marks of DisruptiveApps, Inc. All other trademarks, domain names, or service marks are property of their respective owners. Use of any DisruptiveApps’ trademarks or service marks without its express written consent is strictly prohibited.

 

10. Territory

The iJukebox Service is currently available only in the United States (“Territory”) and is not available in any other location.

 

11. Indemnity and Waiver

You agree to indemnify and hold iJukebox, Content Owners, and their respective subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the iJukebox Service, Your violation of these Terms of Use, Your violation of any rights of another, including any intellectual property rights, any action taken by iJukebox or Content Owners as part of their investigation of a suspected violation of these Terms of Use or as a result of iJukebox’s finding or decision that a violation of these Terms of Use has occurred.

YOU HEREBY WAIVE ANY RIGHT TO SUE OR RECOVER ANY DAMAGES FROM DISRUPTIVEAPPS, CONTENT OWNERS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS AS A RESULT OF DISRUPTIVEAPPS’ OR CONTENT OWNER’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE IJUKEBOX SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DISRUPTIVE APPS’ CONCLUSION THAT A VIOLATION OF THESE TERMS OF USE MAY HAVE OCCURRED.

THIS INDEMNITY AND WAIVER PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE.

 

12. Discontinuation/Removal of Content or Services

Notwithstanding any other provision of these Terms of Use, iJukebox, Content Owners and their respective licensors reserve the right to change, suspend, remove, or disable access to the iJukebox Service or any products, Content, or other materials comprising a part of or made available through the iJukebox Service at any time without notice. In no event will such parties be liable for the removal of or disabling of access to any such products, Content or materials under these Terms of Use. iJukebox, Content Owners and their respective licensors may also impose limits on the use of or access to certain features or portions of the iJukebox Service, in any case and without notice or liability.

13. Enforcement

iJukebox may take such steps as We believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement including but not limited to automated monitoring of compliance, iJukebox’s right to cooperate with any legal process relating to Your use of the iJukebox Service, and/or a third party claim that Your use of the iJukebox Service is unlawful and/or infringes such third party’s rights.

 

13. Termination

iJukebox reserves the right to immediately (i) terminate and preclude Your access to the iJukebox Service and/or Content; and/or (ii) suspend Your access to the iJukebox Service, or any part thereof: if You have, or iJukebox has reasonable grounds to believe that You have, failed to comply with any of the provisions of this Agreement, including but not limited to violation of the Usage Rules (including those that apply to Streamed Tracks as applicable), infringement or violation of any intellectual property rights of iJukebox, Content Owners or licensors in relation to the iJukebox Service or Content; and any failure to make payment for a Streamed Track in accordance herewith.

You agree that in the event of termination by iJukebox or suspension as set out above, You will remain liable for all amounts due to iJukebox, including any fees for Streamed Tracks payable in accordance with herewith, up to and including the date of termination or suspension.

 

14. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU ACKNOWLEDGE AND AGREE THAT THE IJUKEBOX SERVICE AND ALL CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IJUKEBOX SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM DISRUPTIVEAPPS, CONTENT OWNERS OR THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATED COMPANIES AND/OR THIRD-PARTY LICENSORS.

YOU AGREE THAT YOUR USE OF THE IJUKEBOX SERVICE AND CONTENT IS ENTIRELY AT YOUR OWN RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.

DISRUPTIVEAPPS, CONTENT OWNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE IJUKEBOX SERVICE AND CONTENT, AND ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE IJUKEBOX SERVICE OR CONTENT.

IN PARTICULAR DISRUPTIVEAPPS, CONTENT OWNERS AND LICENSORS DO NOT WARRANT THAT:

YOUR USE OF THE IJUKEBOX SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. DISRUPTIVEAPPS RESERVES THE RIGHT SUSPEND OR CANCEL THE IJUKEBOX SERVICE AT ANY TIME FOR TECHNICAL OR OPERATIONAL REASONS, WITHOUT NOTICE;

THE IJUKEBOX SERVICE OF THE CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, OR OTHER SECURITY INTRUSION AND DISRUPTIVE APPS DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NEITHER DISRUPTIVEAPPS, ANY CONTENT OWNER OR THIRD PARTY LICENSOR, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES OR AFFILIATED COMPANIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DISRUPTIVEAPPS OR CONTENT OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR LOSS OF ANY KIND ARISING FROM YOUR USE OF THE IJUKEBOX SERVICE OR FROM CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IJUKEBOX SERVICE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTHING IN THIS AGREEMENT SHALL LIMIT DISRUPTIVE APPS’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FRAUD.

DISRUPTIVEAPPS SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE IJUKEBOX SERVICE AND SHALL USE SUCH INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TO THE MAXIMUM AMOUNT PERMITTED BY LAW, DISRUPTIVEAPPS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

 

15. Third Party Beneficiaries

You acknowledge and agree that the Content Owners are intended beneficiaries of these Terms of Use and shall have the right to enforce these Terms of Use against You.

Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

 

16. General

These Terms of Use, together with the Privacy Policy is the entire agreement between You and Us and governs Your use of the iJukebox Service, superseding any prior agreements between You and Us, whether written or oral, relating to the subject matter.

iJukebox may provide You with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, SMS, MMS, text message, postings on iJukebox’s website, or other reasonable means now known or hereafter developed. Such notices may not be received if You violate these Terms of Use by accessing the iJukebox Service in an unauthorized manner. Your agreement to the Terms of Use constitutes Your agreement that You are deemed to have received any and all notices that would have been delivered had You accessed the iJukebox Service in an authorized manner.

Under no circumstances shall iJukebox or Content Owners be held liable for any delay or failure in performance resulting directly or indirectly from acts of God, fire, riot or civil commotion, act of public enemy, rule, order or act of any government or governmental instrumentality (whether federal, state, local or foreign) or other cause of a similar or different nature not reasonably within iJukebox or Content Owners’ control, as applicable.

This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to the conflict of law provisions of Massachusetts or Your actual state or country of residence. Any claim or controversy in any way arising out of or relating to this Agreement will be filed in a court of competent jurisdiction sitting in Suffolk County, Massachusetts, and You consent to exclusive jurisdiction in that county.

No delay or failure to take action under these Terms of Use shall constitute any waiver by Us of any provision of this Agreement.

This Agreement is personal to You and may not be transferred, assigned or delegated to anyone. Any attempt by You to assign, transfer or delegate this Agreement shall be null and void. We may assign or sub-license this Agreement to an affiliate or successor in interest to all or substantially all of our assets with or without notice to You.

The titles used in these Terms of Use are for convenience only and are not to be considered in construing or interpreting these Terms of Use.

If any provision of these Terms of Use is ruled invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of these Terms of Use remain in full force and effect.

This Agreement does not in any way create the relationship of principal and agent, franchise, joint venture, or partnership. Neither party will act or attempt to act, or represent itself to others, as an agent of the other party or in any manner assume or create any obligation on behalf of or in the name of the other party, pursuant to this Agreement. Neither party will be liable of any debts or obligations of the other unless expressly assumed in writing.

 

 

Violations

Please report any violations of this Agreement to info (at) myijukebox.com.