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:
The above licences are conditional upon your strict compliance with these Terms of Service and our Community Guidelines, including, without limitation, the following:
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.
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.
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.
You hereby represent and warrant to ZippyTune as follows:
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.
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.
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
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 email@example.com and/or by mail to the following address:
47 Churchfield Road
Attn: Copyright Agent
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
If you wish to exercise your right of cancellation, you should contact us at:
340 S Lemon Ave. #3279
Los Angeles, CA 91789
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.
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.
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.
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.
Except where otherwise required by the mandatory law of the United States or any member state of the European Union:
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.
The services hereunder are offered by ZippyTune, located at London, UNITED KINGDOM. More information about ZippyTune is available here. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.