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Terms of Service


Welcome to the ZippyTune ("We","Us","ZippyTune" or "Our") Terms of Service agreement.

These Terms of Service govern your use of ZippyTune (the “Website”), and all related players, widgets, tools, apps, data, software, APIs (which may also be subject to separate API Terms of Service) and other services provided by ZippyTune (the “Services”).

These Terms of Service, together with our Privacy Policy and Community Guidelines, constitute a legally binding agreement (the “Agreement”) between you and ZippyTune in relation to your use of the Website and the Services (together, the “Platform”).


Acceptance of Terms of Service

Please read our Terms of Service, Privacy Policy and Community Guidelines very carefully. Do not use the ZippyTune, the website or any services related to ZippyTune if you do not agree to any of the provisions set out in those documents. By accessing the website or any services related, you are indicating and warranting that you have read and understood the Terms of Service, Privacy Policy and Community Guidelines, will abide by all provisions set by them and that you are either 18 years of age or more, or are 13 years of age or more and have your parent(s)' or legal guardian(s)' permission to use the Platform.


Changes to the Terms of Service

We reserve the right to modify these Terms of Service, Privacy Policy and/or our Community Guidelines at any time. The date of the last modification of this document as at the bottom of the page. It is your responsibility to check for updates of these documents.

When we make any updates to these Terms of Service, we will highlight this fact on the Website. In addition, if you register an account and these Terms of Service are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your ZippyTune account and an email to the email address that you have provided to us. You do not have any obligation to continue to use the services after such a change, but by not terminating your account after that notification has been sent, you are constituting your agreement to the updated Terms of Service agreement.


Description of the Platform

The Platform is a hosting service. Registered users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by ZippyTune at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Services and accessible via the Website and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website or certain Services (whether or not registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users.

We may, from time to time, release new tools and resources on the Website, or other services and/or features for the Platform. Any new services and features will be subject to these Terms of Service as well as any additional terms of service that we may release for those specific services or features.


Your ZippyTune Account

You are not obliged to register to use the Platform. However, access to certain Services is only available to registered users.
When you register to use the Platform, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify ZippyTune in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Service or our Community Guidelines, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Termination and Right of Cancellation section below. Any attempt to terminate your account by means other than those described in the Termination and Right of Cancellation section will not be considered a proper termination.

Once your account has been terminated or cancelled, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by ZippyTune, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating or cancelling your account, as ZippyTune assumes no liability for any material that is irretrievably deleted following any cancellation of your account. ZippyTune is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.


Your Use of the Platform

Subject to your strict compliance with these Terms of Service and our Community Guidelines, ZippyTune grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform and to share and download audio Content where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”).

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Service and our Community Guidelines, ZippyTune grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:

  1. submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Service and any other applicable terms posted on the Website from time to time;
  2. participate in the community areas and communicate with other members of the ZippyTune community strictly in accordance with these Terms of Service and our Community Guidelines; and
  3. use the Services provided as part of the Platform strictly as permitted in accordance with these Terms of Service and any other terms applicable to those Services from time to time.

The above licences are conditional upon your strict compliance with these Terms of Service and our Community Guidelines, including, without limitation, the following:

  1. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has enabled the download functionality with respect to the relevant item of Content.
  2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is Your Content, or (ii) as permitted under these Terms of Service, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licences selected by the Uploader).
  3. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  5. You must not make use of any bots, botnets, spiders, data mining tools, automated scripts, apps, plugins or extensions with respect to the Platform or any Content regardless of the configuration or mode of operation of the same, including without limitation any of the foregoing that automatically generates messages, plays audio Content, generates comments or favourites any Content or posts any activities. This does not apply to any apps, plugins or extensions officially released by ZippyTune and constituting Services hereunder, or any legitimate means employed solely for using and connecting to the ZippyTune API (Application Programming Interface), provide such connection is strictly in accordance with any separate API Terms of Service.
  6. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  7. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  8. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    1. any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in ZippyTune’s reasonable discretion;
    2. any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    3. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    4. any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.
  9. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
  10. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
  11. You must not make use of any bots, botnets, automated scripts, apps, plugins or extensions or other automated or electronic means to artificially increase your playcount, add followers or otherwise to misrepresent the popularity of Your Content on the Platform, or offer or promote the availability of any such means to any other users of the Platform.
  12. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  13. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any ZippyTune employee.
  14. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  15. You must not sell or transfer, or offer to sell or transfer, any ZippyTune account to any third party without the prior written approval of ZippyTune.
  16. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  17. You must not use any automatic means of accessing, logging-in or registering accounts on the Platform.
  18. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by ZippyTune or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of ZippyTune’s servers, system or network or attempt to breach ZippyTune’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking ZippyTune’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of ZippyTune under these Terms of Service, ZippyTune reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that ZippyTune has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or to report offending users to the relevant authorities.




Your Content

Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by ZippyTune.

ZippyTune does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth in Your Use of the Platform, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and ZippyTune shall have the right, but not the obligation, to use such feedback on an unrestricted basis.




Grant of Licence

By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct ZippyTune to store Your Content on our servers, from where you may control and authorise the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for ZippyTune to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Service and/or to enable your use of the Platform, you hereby grant such licences to ZippyTune on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to other users of the Platform, and to users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, transmit or otherwise distribute, publicly display, publicly perform, prepare derivative works of, make available and otherwise communicate to the public Your Content within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the settings on the sound page for each sound you upload, subject to the provisions of the Disclaimer section below.

The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licences with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Service) terminate automatically when you remove such Content from your account. Licences with respect to comments or other contributions that you make on the Website will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

Removal of audio Content from your account will automatically result in the deletion of the relevant files from ZippyTune’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, ZippyTune is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.

Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader.




Representations and Warranties

You hereby represent and warrant to ZippyTune as follows:

  1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use, and (if and where relevant) to authorise ZippyTune to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all Services and any Linked Services.
  2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
  4. Your Content, including any comments that you may post on the Website, is not and will not be offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
  5. Your Content does not and will not create any liability on the part of ZippyTune, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

ZippyTune reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.




Liability for Content

You hereby acknowledge and agree that ZippyTune (i) stores Content and other information at the direction, request and with the authorisation of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, ZippyTune excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that ZippyTune cannot and does not review the Content created or uploaded by its users, and neither ZippyTune nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

ZippyTune and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users on the Website. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against ZippyTune or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.




Reporting Infringements

If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Report Abuse pages.

If you would prefer to send us your own written notification, please make sure that you include the following information:

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:

Your notice should be sent to us by email to abuse@ZippyTune.com and/or by mail to the following address:



ZippyTune Abuse Department
340 S Lemon Ave. #3279
Los Angeles, CA 91789
United States
Attn: Copyright Agent

If you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), your notice should be sent to ZippyTune’s designated copyright agent by email to abuse@ZippyTune.com and/or by mail to the following address:



ZippyTune Abuse Department
340 S Lemon Ave. #3279
Los Angeles, CA 91789
United States
Attn: Copyright Agent




Third Party Websites and Services

The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).

ZippyTune does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, ZippyTune does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own Terms of Service and/or privacy policy, and may have different practices and requirements to those operated by ZippyTune with respect to the Platform. You are solely responsible for reviewing any Terms of Service, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

ZippyTune disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against ZippyTune with respect to the content or operation of any External Services.




Blocking and Removal of Content

Notwithstanding the fact that ZippyTune has no legal obligation to monitor the Content on the Platform, ZippyTune reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Service, our Community Guidelines or applicable law, or is otherwise unacceptable to ZippyTune.

Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and ZippyTune shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by ZippyTune or the relevant Uploader.




Partnership Program

ZippyTune allows users who are active and fall under our criteria to enter a partnership program to earn money. This service is for artists who generate their own unique content and DO NOT infringe on others copyright. Anyone found to be infringing others copyright as well as being part of our ZippyTune partnership program will have their program access removed immediately and all earnings ceased. ZippyTune reserves the right to withhold 'earnings', without warning, if the user is not acting in accordance to these Terms of Service, our Privacy Policy or Community Guidelines.


Repeat Infringers

ZippyTune will suspend or terminate your access to the Platform if ZippyTune determines, in its reasonable discretion, that you have repeatedly breached these Terms of Service or our Community Guidelines.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings within any twelve month period is liable to have their access to the Platform terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by ZippyTune at its discretion.




Disclaimer

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

WHILST ZIPPYTUNE USES ALL REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS ON THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO ZIPPYTUNE’S ATTENTION, ZIPPYTUNE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. ZIPPYTUNE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZIPPYTUNE DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

ZIPPYTUNE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, TOGETHER WITH ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.


Limitation of Liability

IF YOU HAVE A PREMIUM ACCOUNT, THEN ZIPPYTUNE’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID TO ZIPPYTUNE DURING THE TWELVE (12) MONTHS PRIOR TO YOUR CLAIM. IN ALL OTHER CASES, IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM.

ZIPPYTUNE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:
    1. YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
    2. ANY CHANGES THAT ZIPPYTUNE MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM IN OR FROM ANY OR ALL TERRITORIES;
    3. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY ZIPPYTUNE OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
    4. ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;
    5. YOUR FAILURE TO PROVIDE ZIPPYTUNE WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
  2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
  3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF ZIPPYTUNE BREACHING THESE Terms of Service. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND ZIPPYTUNE AT THE TIME YOU AGREE TO THESE Terms of Service, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO ZIPPYTUNE AS SOON AS POSSIBLE.

NOTHING IN THESE Terms of Service LIMITS OR EXCLUDES THE LIABILITY OF ZIPPYTUNE, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR DELIBERATE ACTS OR OMISSIONS, FOR ANY FORM OF FRAUD OR DECEIT, OR FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

ADDITIONALLY, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ZIPPYTUNE AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND ZIPPYTUNE, AND THAT ZIPPYTUNE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.




Indemnification

You hereby agree to indemnify, defend and hold harmless ZippyTune, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. any violation by you of these Terms of Service or our Community Guidelines;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent.



Data Protection and Privacy

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by ZippyTune in accordance with our Privacy Policy. By accepting these Terms of Service and using the Platform, you also accept the terms of the Privacy Policy, which are incorporated into this Agreement by reference.




Meetups

ZippyTune has an active community of users, many of whom organize and attend face-to-face meetings at venues all over the world (“Meetups”). While ZippyTune is generally supportive of Meetups and may provide branded promotional materials to help organisers promote their Meetups, ZippyTune does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and ZippyTune does not bear any responsibility or liability for the actions of any ZippyTune users or any third parties who organize, attend or are otherwise involved in any Meetups.




Competitions and Promotions

From time to time, some ZippyTune users may promote competitions, promotions, prize draws and other similar opportunities on the Platform (“Third Party Competitions”). ZippyTune is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country of residence.


Use of ZippyTune Players and Widgets

The Services include the ability for users to embed the ZippyTune waveform player and a fully customisable player (“Widget”) into other websites, including without limitation, their own website or a third party website or social media profile, whether or not a Linked Service. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader.

You may not, without the prior written consent of ZippyTune, embed the waveform player or use the Widget in such a way that you aggregate Content from the Platform (other than Your Content) into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of ZippyTune, use the waveform player or Widget to embed Content (other than Your Content) into any website or other destination dedicated to a particular artist or genre, or use the waveform player or Widget in any way that suggests that ZippyTune or any artist or other third party endorses or supports your website, or your use of the waveform player or Widget. The foregoing shall apply whether or not such use is commercial or non-commercial.

ZippyTune reserves the right to block your use of the Widget at any time and for any reason in its sole discretion.




Premium Accounts

Certain features of the Platform are only available to users who register and pay for a premium account. A detailed description of our premium accounts, including the prices and the features associated with each type of account, is available here.

Fees for premium accounts are payable at the conclusion of the subscription period, and your first payment will be taken at the time the contract is concluded unless stated otherwise. If you choose any of our monthly/weekly/yearly accounts, your account will renew automatically at the end of each monthly/weekly/yearly period, and payment for the concluding month/week/year will be taken at that time, unless and until you cancel or terminate your account in the manner described in the Termination and Right of Cancellation section below.

Payments are due without the need for an invoice, and can be made by Visa or Mastercard. All payments include VAT or other sales tax where applicable. If a credit card processor imposes handling charges in order to process your payment, we may add such charges to the total amount paid for the service – handling charges are typically 1% to 3% of the amount to be paid.

Once payment has been made or the gift code accepted, we will send a confirmation email to the email address provide by you as part of the registration process. Until you receive this confirmation email, no contract is concluded. Completion of the registration process is merely an offer to conclude a contract, and does not constitute the conclusion of a contract. The language of the contract is English.

If you wish to upgrade your account, you may do so at any time. If you wish to downgrade your account, you may do so at the end of your then current subscription period.

If you upgrade to verified and are found to be violating the ZippyTune Terms of Service Agreement or any other Policy, you will not be able to receive a refund for the verified account.




Changes to the Platform, Accounts and Pricing

ZippyTune reserves the right to change, modify, withdraw or discontinue any of the features, services and functionalities of the Platform at any time and for any reason with or without notice. ZippyTune also reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, ZippyTune shall use its reasonable endeavours to notify registered users of such decision in advance.

You hereby agree that ZippyTune and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that ZippyTune may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

ZippyTune may change the features of any type of account, may withdraw or, or introduce new types of account at any time and for any reason, and may change the prices charged for any of its premium accounts from time to time. In the event of any change(s) to the pricing or features of any premium account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where ZippyTune proposes to make changes to any type of account to which you subscribe, and these changes are material and to your disadvantage, ZippyTune will notify you of the proposed changes by sending a message to your ZippyTune account and an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination and Right of Cancellation section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your account.




Termination and Right of Cancellation

You may terminate this Agreement at any time by sending notice in writing to ZippyTune at PO BOX 2097, 4007 Ascot, Australia confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. If you have a premium account, then we will cease to charge you from the first day of the month following receipt of notice of termination from you, but cannot offer any refund for any unexpired period of your subscription, unless it is inside the first fourteen (14) days of your premium account being purchased. If you cancel your account within the first fourteen (14) days of purchasing a premium account, this is considered a 'trial' period and may be cancelled at any time and you will not be charged for the month. If you cancel a premium account, your rights, features and other content that was provided when under that contract will also be removed and you will be returned to a 'free' account, along with the relevant features.

ZippyTune may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Service or our Community Guidelines, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of Licence, and Your Representations and Warranties; (iii) ZippyTune elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by ZippyTune at its discretion.

Cancellation:

If you wish to exercise your right of cancellation, you should contact us at:

ZippyTune
340 S Lemon Ave. #3279
Los Angeles, CA 91789
contact@ZippyTune.com

If you cancel a premium account purchase in accordance with this process, we will refund you for any payments you have made with respect to your premium account, and will do so within thirty (30) days of the date of receipt of your valid notice of cancellation.

Please be aware that you will lose your right to cancel your account, if you have logged into your account during the fourteen (14) day cancellation period.

Following receipt of your notice of cancellation, ZippyTune will delete your account and all associated Content and data. You are therefore advised to remove, copy or back up any Content in your account before sending us your notice of cancellation.

If you upgrade to verified and are found to be violating the ZippyTune Terms of Service Agreement or any other Policy, you will not be able to receive a refund for the verified account.

The provisions of these Terms of Service that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your ZippyTune Account, Your Content, Grant of Licence, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.




Assignment to Third Parties

ZippyTune may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of ZippyTune. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of ZippyTune.




Severability

Should one or more provisions of these Terms of Service be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Service, which will remain in full force and effect.




Entire Agreement

These Terms of Service, together with the Community Guidelines and Privacy Policy (which are hereby incorporated by this reference), constitute the entire agreement between you and ZippyTune with respect to your use of the Platform (other than any use of ZippyTune’s APIs which may also be subject to separate API Terms of Service), and supersede any prior agreement between you and ZippyTune. Any modifications to this Agreement must be made in writing.




Third Party Rights

These Terms of Service are not intended to give rights to anyone except you and ZippyTune. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.




Applicable Law and Jurisdiction

Except where otherwise required by the mandatory law of the United States or any member state of the European Union:

  1. this Agreement is subject to the laws of the the Country Australia, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
  2. you hereby agree, and ZippyTune agrees, to submit to the exclusive jurisdiction of the courts in Queensland, Australia for resolution of any dispute, action or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which ZippyTune seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Service by ZippyTune or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against ZippyTune, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Service.




Disclosures

The services hereunder are offered by ZippyTune, located at Ascot, Queensland, Australia. More information about ZippyTune is available here. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@ZippyTune.com. If you are a resident of the State of California, you may have these Terms of Service mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Service.



Effective Date: 14th August 2012