PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
1. Your Acceptance
a. Welcome to www.namemytune.com, the website and online service of Strongtooth Inc. (“Strongtooth,” “we,” or “us”). This page explains the terms by which you may use our online services, website, products, software, data feeds, and services provided to you on, from, or through the Strongtooth website and Strongtooth software program (the “Software”) that you install on your device and services available through the Software (collectively the “Service”).
b. The Service may contain links to third party websites that are not owned or controlled by Strongtooth. Strongtooth has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Strongtooth will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Strongtooth from any and all liability arising from your use of any third-party website.
3. Strongtooth Accounts
a. In order to access some features of the Service, you will have to create a Strongtooth account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Strongtooth immediately of any breach of security or unauthorized use of your account.
c. Although Strongtooth will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Strongtooth or others due to such unauthorized use.
d. You acknowledge, consent and agree that Strongtooth may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, property or personal safety of Strongtooth, its users and the public.
4. General Use of the Service
a. You agree not to distribute in any medium any part of the Service, Software or the Content without Strongtooth's prior written authorization.
b. You agree not to alter or modify any part of the Service or Software.
c. You agree not to access Content through any technology or means other than the audio playback pages of the Service or Software itself, or other explicitly authorized means Strongtooth may designate.
d. You agree not to use the Service or Software for any of the following commercial uses unless you obtain Strongtooth's prior written approval: the sale of access to the Service or Software; the sale of advertising, sponsorships, or promotions placed on or within the Service, Software or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service or Software, unless other material not obtained from Strongtooth appears on the same page and is of sufficient value to be the basis for such sales.
e. Prohibited commercial uses do not include: Recording or uploading an original soundtrack on Strongtooth to promote your business or artistic enterprise; playing audio through the Embeddable Player, which may or may not be made available for you, on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.d; or any use that Strongtooth expressly authorizes in writing.
f. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service or Software in a manner that sends more request messages to the Strongtooth servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Strongtooth grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. Strongtooth reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service or Software, nor to use the communication systems provided by the Service or Software (e.g., comments, chat, video chat) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service or Software with respect to their Content.
g. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Software or Service, features that prevent or restrict the use or copying of any content accessible through the Service or Software, or features that enforce limitations on the use of the Service or Software.
h. You agree not to attempt to gain unauthorized access to the Service or Software, or any part of it, other accounts, computer systems or networks connected to the Software or Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or Software or any activities conducted on the Service or Software.
i. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service or Software. You agree neither to modify the Service or Software in any manner or form, nor to use modified versions of the Service or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service or Software.
j. You agree not to use any Strongtooth logos, graphics, or trademarks without our express written consent.
k. You agree not to make unsolicited offers, advertisements, proposals, or send spam to other Users of the Service or Software. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
l. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
m. You agree not to modify, adapt, translate or create derivative works based upon the Service or Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
n. In your use of the Service or Software, you will comply with all applicable laws.
o. Strongtooth reserves the right to discontinue any aspect of the Service or Software at any time.
p. By providing Strongtooth your email address, either directly, or through giving permission for Facebook to share your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service.
q. The Service and Software is controlled and offered by Strongtooth from its facilities in the United States of America. Strongtooth makes no representations that the Service and Software is appropriate or available for use in other locations. Those who access or use the Service and Software from other jurisdictions do so at their own risk and are responsible for compliance with local law.
The Service and Software are owned and operated by Strongtooth and its licensors. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service or Software that are provided by Strongtooth (“Strongtooth Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Strongtooth Materials do not include content owned by and submitted by users to the Service or Software. All Strongtooth Materials are the copyrighted property of Strongtooth or its Affiliates and/or third-party licensors. For purposes of this Agreement, an Affiliate shall be defined as an entity that controls, is controlled by, or is under common control with Strongtooth. Except as expressly authorized by Strongtooth, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Service, Software or Strongtooth Materials. Strongtooth reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Service, Software, or Strongtooth Materials, except for the limited rights set forth in this Agreement.
6. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
a. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Strongtooth, subject to copyright and other intellectual property rights under the law.
c. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or Software or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
d. You understand that when using the Service or Software, you will be exposed to Content from a variety of sources, and that Strongtooth is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, inappropriate for children, objectionable, or otherwise unsuited to your purpose, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Strongtooth with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Strongtooth, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
7. Your Content and Conduct
a. As a Strongtooth account holder you may submit Content to the Service, including, but not limited to, videos, text, and other materials. You understand that Strongtooth does not guarantee any confidentiality with respect to any Content you submit even when the Content has been deleted from your account. Strongtooth makes no representations that it will publish or use your Content in any way and may or may not use your Content in its sole discretion.
d. You further agree that Content you submit to the Service will not contain visual third party copyrighted material, or visual material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Strongtooth all of the license rights granted herein.
e. You further agree that you will not submit to the Service any Content or other material that is contrary to the following guidelines, which may be contrary to applicable local, national, and international laws and regulations:
- Strongtooth is not for pornography or sexually explicit content. If this describes your audio, even if it's a audio of yourself, don't post it on Strongtooth.
- Don't post content regarding bad stuff like animal abuse, drug abuse, under-age drinking and smoking, or bomb making.
- Graphic or gratuitous violence is not allowed. If your audio pertains to someone being physically hurt, attacked, or humiliated, don't post it.
- Strongtooth is not a shock site. Don't post audio of accidents or similar things intended to shock or disgust.
- Respect copyright. Only submit audio content that you made or that you are authorized to use. This means don't submit audios you didn't make, or use content in your audios that someone else owns the copyright to, such as snippets of copyrighted programs, or audios made by other users, without necessary authorizations.
- We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
- Don’t create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not okay to post large amounts of untargeted, unwanted or repetitive spam-like content, including comments and private messages.
f. Strongtooth does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Strongtooth expressly disclaims any and all liability in connection with Content. Strongtooth does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Strongtooth will remove, at its sole discretion, all Content if properly notified and proven that such Content infringes on another's intellectual property rights. Strongtooth reserves the right to remove Content without prior notice.
You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Strongtooth, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Service or Software. Strongtooth does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, Strongtooth chooses, in its sole discretion, to monitor the Content, Strongtooth nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that Strongtooth may or may not pre-screen Content, but that Strongtooth and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Service or Software. Without limiting the foregoing, Strongtooth and its designees may, at any time and without prior notice, remove any User Content that in the sole judgment of Strongtooth violates these Terms or is otherwise 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, usefulness or legality of such Content.
9. Authorization for Use of Information
You hereby authorize Strongtooth to access and use the address book, contact lists or other similar items contained in the devices to which you have downloaded the Software for purposes of your use of the Service.
10. Account Termination Policy
a. Strongtooth will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
11. User Disagreements
a. You are solely responsible for your involvement with other Users. If you have a dispute with one or more Users, you release Strongtooth (and Strongtooth’s owners, parent, subsidiaries, Affiliates, officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12. Digital Millennium Copyright Act
a. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Strongtooth's designated Copyright Agent to receive notifications of claimed infringement can be contacted at: Copyright Agent, Strongtooth Inc., 515 Madison Avenue 1910, New York, NY 10022, email: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Strongtooth may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Strongtooth's sole discretion.
13. Additional Terms for Apple App Store Applications.
This Section 14 applies to you only if you have downloaded the Software from the Apple App Store.
- Acknowledgement. Strongtooth and you acknowledge that these Terms are entered into solely between you and Us, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
- License to Software. Subject to all the terms and conditions herein, Strongtooth hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Service and, if you have downloaded the Software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Acknowledgement. You acknowledge that Apple has no responsibility for addressing any claims relating to the Service or Software or your possession and/or use of the Service or Software, including but not limited to (i) product liability claims; (ii) any claim that the Service or Software fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
- Express Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
14. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Strongtooth, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Strongtooth MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Strongtooth DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Strongtooth WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. Limitation of Liability
IN NO EVENT SHALL Strongtooth, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Strongtooth SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Strongtooth from its facilities in the United States of America and by 3rd parties operating outside of the United States of America. Strongtooth makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Dated: July 23, 2014