(UPDATED: April 1, 2022)
Our Terms of Service have been updated as of the date set forth above.
These Terms of Service (individually and together with the Community Guidelines, "Terms" or "Agreement") are between TVM.Bio, Inc. ("Crypto Karaoke," "we," "our," "us") and you, an individual user ("you," "your," "yours"), and govern your use of Crypto Karaoke’s website or mobile software applications that have been made available on the Crypto Karaoke website or for download (each, an "App,", and together, the Apps) and any related websites or other online properties owned or controlled by Crypto Karaoke to which these Terms are linked (together with the Apps, the "Service").
1. INTRODUCTION AND OVERVIEW
These Terms constitute a legally binding contract between you and Crypto Karaoke.
You agree that by clicking on one of the "Account Creation Options" (Facebook, Phone Number, Email) or any other account creation options that may be provided by Crypto Karaoke from time to time, registering to use, accessing or using the Apps or the Service, you are agreeing to enter into a legally binding contract with Crypto Karaoke. Read these Terms carefully. They govern your use of the Service and include legal provisions that limit our liability. By installing the App or otherwise using any portions of the Service, you agree that you have read, understood, and agree to be bound by these Terms.
Notice regarding arbitration and dispute resolution:
YOU AND Crypto Karaoke AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND Crypto Karaoke WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 21.i. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 21.i BELOW.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.
2. ELIGIBILITY TO USE THE SERVICE
Our Service is intended for general audiences. No one under 13 is allowed to use the Service.
TO USE THE SERVICE, YOU MUST BE AT LEAST 13 YEARS OF AGE OR BE OF SUFFICIENT LEGAL AGE OR OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THESE TERMS. IF YOU ARE UNDER 13 YEARS OF AGE, ARE NOT OF SUFFICIENT LEGAL AGE OR DO NOT OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
By registering an account with Crypto Karaoke, you represent and warrant that (1) you are at least 13 years old if you reside in the United States, are at least 16 years old if you reside in the European Economic Area, or are such older age as prescribed by the law of the place where you live; (2) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms; (3) you will comply with these Terms; (4) your use of the Service does not violate any applicable laws or regulations; (5) you are not a convicted sex offender; and (6) you have not been previously suspended or removed from the Service by Crypto Karaoke.
3. CHANGES TO THESE TERMS
We may change these Terms from time to time. We will notify you of material changes to these Terms by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you are a registered member of the Service, we will notify you of material changes to these Terms by email at least thirty (30) days before the effective date of the changes. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms take effect.
BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.
4. CHANGES TO THE SERVICE
We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to an applicable change for any reason, your sole remedy is to stop using the Service.
6. COMMUNITY GUIDELINES
To keep our community fun, safe, and enjoyable, your use of the Service is subject to our Community Guidelines, which are part of these Terms.
7. YOUR USE OF THE SERVICE
Crypto Karaoke provides you with access to the Service free of charge, but to enjoy the full benefits of the Service and certain features or functionality, you must purchase subscription-based access to the Service.
In return for enjoying free or subscription-based access to the Service, you acknowledge and agree that Crypto Karaoke may generate revenues, increase goodwill, or otherwise increase the value of Crypto Karaoke based on your use of the Service, and you will have no right to share in this revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from Crypto Karaoke with respect to any of your User Content (defined in Section 11.a below).
If you purchase one or more subscriptions or sign up for one or more trial subscriptions to the Service, then the following terms apply:
a. Auto-Renewal. YOU AGREE THAT, ONCE YOUR SUBSCRIPTION PERIOD EXPIRES, YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE IMMEDIATELY PRECEDING SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION(S).
b. Recurring Charges. If you register for a paid subscription, YOU AUTHORIZE CRYPTO KARAOKE'S APPLICABLE SERVICE PROVIDER TO PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION(S). SUBSCRIPTION PRICES WILL BE provided TO YOU AT THE TIME OF PURCHASE. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN(S) (OR THE MOST SIMILAR SUBSCRIPTION PLAN(S), IF YOUR PRIOR PLAN(S) ARE NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. YOUR PAYMENTS WILL BE PROCESSED FOR ANY RENEWAL SUBSCRIPTION(S) USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION(S). IN OTHER WORDS, ON WHICHEVER DAY YOUR PAYMENT IS PROCESSED FOR YOUR CURRENT SUBSCRIPTION(S), YOUR PAYMENT WILL CONTINUE TO BE PROCESSED ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION(S). ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. However, if you do not agree to an applicable change in fees, you may cancel your account at any time in accordance with Section 7(c) below. CRYPTO KARAOKE MAY also PARTNER WITH CERTAIN MOBILE CARRIERS TO OFFER YOU A SPECIAL DISCOUNT FOR THE SERVICE AND THE TERMS OF THE PAYMENT WILL BE SUBJECT TO the applicable OFFER.
c. Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION(S) AT ANY TIME (1) BY LOGGING IN AT CRYPTO KARAOKE.COM, NAVIGATING TO THE "ACCOUNT" SCREEN, AND CLICKING "CANCEL"; (2) THROUGH GOOGLE PLAY (IF YOU MANAGE YOUR CRYPTO KARAOKE SUBSCRIPTION THROUGH AN ANDROID DEVICE); (3) THROUGH APPLE ITUNES (IF YOU MANAGE YOUR CRYPTO KARAOKE SUBSCRIPTION THROUGH AN IOS-BASED DEVICE); OR (4) THROUGH HUAWEI APPGALLERY (IF YOU MANAGE YOUR CRYPTO KARAOKE SUBSCRIPTION THROUGH HUAWEI DEVICES). IF YOU REQUIRE FURTHER ASSISTANCE, YOU MAY CONTACT CRYPTO KARAOKE AT HERE. ANY CANCELLATION THROUGH CRYPTO KARAOKE.COM WILL NOT BE DEEMED EFFECTIVE UNTIL CRYPTO KARAOKE EXPRESSLY CONFIRMS THE CANCELLATION HAS OCCURRED IN WRITING. ONCE CRYPTO KARAOKE HAS CONFIRMED CANCELLATION IN ACCORDANCE WITH THE PRECEDING SENTENCE, YOU WILL NOT BE CHARGED FOR ANY SUBSEQUENT SUBSCRIPTION PERIOD. CRYPTO KARAOKE HAS NO OBLIGATION TO OFFER OR PROVIDE ANY REFUND FOR THE CANCELLATION OF ANY SUBSCRIPTION, BUT YOU CAN CONTINUE TO USE THE SUBSCRIPTION SERVICE UNTIL THE END OF THE SUBSCRIPTION PERIOD THAT YOU PAID FOR.
CRYPTO KARAOKE IS LOCATED IN THE UNITED STATES AND AS SUCH IS NOT SUBJECT TO DIRECTIVE 2011/83/EU. NOTWITHSTANDING THE FOREGOING, IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA, YOU ACKNOWLEDGE THAT THE SERVICE ENTAILS THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM. BY PURCHASING A SUBSCRIPTION YOU CONSENT TO CRYPTO KARAOKE IMMEDIATELY STARTING THE PERFORMANCE OF THE SERVICE BY GRANTING YOU ACCESS TO YOUR ACCOUNT. YOU ACKNOWLEDGE THAT AS A RESULT YOU DO NOT ENJOY ANY RIGHT OF WITHDRAWAL UNDER DIRECTIVE 2011/83/EU.
8. YOUR ACCOUNT
a. Registration. While you may always browse any public-facing portions of the Service without registering with Crypto Karaoke, to enjoy the full benefits of the Service, you must download the App or access the Crypto Karaoke website and register an account with Crypto Karaoke ("Account").
b. Account Security. You are fully responsible for all activities that occur through your Account, so you should keep it secure. You agree to notify Crypto Karaoke Support here if you suspect or know of any unauthorized use of your Account or any other breach of security with respect to your Account. Crypto Karaoke will not be liable for any loss or damage arising from unauthorized use of your Account.
c. Accuracy of Information. When creating an Account, you must provide true, accurate, current, and complete information as Crypto Karaoke requests. If there are any changes to the information you provide in connection with your Account, you must update the applicable information promptly, and as necessary to keep it current and accurate. You represent to Crypto Karaoke that the information provided upon the creation of your Account is accurate and that any email address you provide is an email address controlled by you.
9. CRYPTO KARAOKES’ MANAGEMENT OF THE SERVICE; USER MISCONDUCT
Crypto Karaoke reserves the right, but does not undertake the obligation, to (a) disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by Crypto Karaoke in its sole discretion, (b) with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in Crypto Karaoke's sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third-party rights, damage Crypto Karaoke's reputation, or violate any applicable laws or regulations, (c) monitor or review the Service for violations of these Terms and for compliance with our policies, (d) report to law enforcement authorities and/or take legal action against anyone who violates these Terms, (e) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof, and/or (f) manage the Service in a manner designed to protect our, our members, and third parties’ rights and property or to facilitate the proper functioning of the Service. If messages sent to the e-mail address you provide are returned as undeliverable, then Crypto Karaoke may terminate your Account immediately without notice to you and without any liability to you or any third party.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.
10. CRYPTO KARAOKE CONTENT AND RIGHTS GRANTED TO YOU
a. License. Subject to your complete and ongoing compliance with these Terms, Crypto Karaoke grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to use the Service. Pursuant to this license, you may: (i) download, access, and use an object code version of the Apps on any device that you own or control; and (ii) access and use the Service, solely for your personal, non-commercial use.
b. Crypto Karaoke Content. Except for User Content (as defined in Section 11.a below), the content that Crypto Karaoke provides to Users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), video, text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by Crypto Karaoke or its third-party licensors (collectively, "Crypto Karaoke Content"). Crypto Karaoke Content is exclusively for use as part of the Service and may not be exported outside of the Service, except as explicitly permitted and endorsed by Crypto Karaoke. Any attempt to circumvent this provision is a violation of these Terms. Crypto Karaoke also solely owns all design rights, databases and compilations, and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
c. Crypto Karaoke Marks. The Crypto Karaoke trademarks, service marks, and logos (collectively, the "Crypto Karaoke Trademarks") used and displayed on the Service are Crypto Karaoke’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties (collectively with the Crypto Karaoke Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks for any purpose, and expressly agree not to use the Trademarks to disparage Crypto Karaoke or an applicable third party, or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without Crypto Karaoke’s prior express written consent. All goodwill generated from the use of any Crypto Karaoke Trademark will inure solely to Crypto Karaoke’s benefit.
d. Reservation of Rights. Crypto Karaoke hereby reserves all rights not expressly granted to you in this Section 10. Nothing in these Terms or on the Service will be construed as granting to you additional license rights in and to the Service or any Crypto Karaoke Content or Trademarks.
11. USER CONTENT AND RIGHTS YOU GRANT TO CRYPTO KARAOKE
a. "User Content" means any content that you or other Users upload, post, or transmit to or through the Service (collectively, "Post") including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, without limitation, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any and all Crypto Karaoke Content. You may Post User Content and otherwise use and enjoy its various functionalities, subject to these Terms.
b. Ownership. SUBJECT TO ANY THIRD-PARTY RIGHTS IN ANY PREEXISTING CONTENT THAT IS A PART OF YOUR USER CONTENT AND SUBJECT TO THE LICENSE YOU GRANT TO CRYPTO KARAOKE, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT, AND POSTING YOUR USER CONTENT DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
d. You Must Have Rights to the Content You Post. By Posting User Content, you represent and warrant that you own or are fully authorized to grant the license set forth in these Terms in all elements of the User Content. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in the applicable sound recordings, then you must not Post the applicable sound recordings unless you have all necessary rights, authorizations, and permissions with respect to the applicable embedded musical works that grant you sufficient rights to grant the license to Crypto Karaoke under these Terms. You further represent and warrant that: (i) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any party; (ii) the Posting of your User Content will not require Crypto Karaoke to obtain any further licenses from or pay any royalties, fees, compensation or other amounts, or provide any attribution to any third parties; (iii) the Posting of your User Content does not result in a breach of contract between you and a third party; and (iv) you will comply with all applicable laws, regulations and industry standards when Posting User Content through the Service. You agree to pay all monies owing to any person as a result of User Content you Post.
e. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a performing rights organization ("PRO"), then you must notify your PRO of the royalty-free license you grant to Crypto Karaoke through these Terms. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of the applicable music publisher to grant the royalty-free license set forth in these Terms or have the applicable music publisher enter into this Agreement with Crypto Karaoke. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Crypto Karaoke the license in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label.
f. ThroughToTheAudienceRights. All of the rights you grant in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on applicable External Sites via the Service
g. Waiver of Rights to User Content. By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to the applicable User Content. You also waive any and all rights of privacy, publicity, or any similar rights in connection with your User Content, or any portion thereof. To the extent any Moral Rights are not transferable or assignable, you hereby waive and agree never to assert any and all Moral Rights, or to support, maintain, or permit any action based on any Moral Rights that you may have in any User Content you Post.
h. Objectionable Content. You agree not to Post any User Content that could be interpreted in Crypto Karaoke’s sole discretion to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar, (ii) in violation of any applicable laws, (iii) putting other Users’ data privacy and security at risk; (iv) promoting any product, good or service; (v) promoting bigotry, discrimination, hatred, intolerance, or racism; (vi) inciting, encouraging or threatening violence, or (vii) constituting, containing, installing or attempting to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. Crypto Karaoke in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content, and/or reporting the User to law enforcement authorities, either directly or indirectly.
i. Screening Content. Crypto Karaoke does not pre-screen any User Content, but reserves the right to remove or delete any User Content in its sole discretion. In addition, Crypto Karaoke has the right—but not the obligation—in its sole discretion to remove or delete any User Content: (i) that Crypto Karaoke considers to violate these Terms or applicable law; (ii) that Crypto Karaoke considers to be Objectionable Content; or (iii) in response to complaints from other Users, licensors of any Crypto Karaoke Content, or rights holders related to the User Content, with or without notice and without any liability from Crypto Karaoke to you. Crypto Karaoke also has the right—but not the obligation—to take remedial action in connection with any Objectionable Content Posted as described more fully in the Community Guidelines. Crypto Karaoke recommends that you save copies of any User Content that you Post on your personal device(s) to the extent you want to ensure permanent access to copies of applicable User Content.
j. User Content Posted by Others. Although Crypto Karaoke reserves the right to review or remove any User Content, we do not have an obligation to review User Content, and we take no responsibility for the User Content that appears on the Service. User Content is the sole responsibility of the person or entity that Posts the User Content. As reflected in these Terms and in our Community Guidelines, we have no tolerance for Objectionable Content, and we do not want our Service put to any improper use, but we cannot guarantee that all User Content will always conform to these Terms. If you encounter any Objectionable Content on the Service, please immediately email Crypto Karaoke Support here. Crypto Karaoke provides you with the ability to report Objectionable Content as a courtesy, and Crypto Karaoke has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to Crypto Karaoke.
k. No Liability. For the avoidance of doubt, Crypto Karaoke will not be liable for any use or misuse of User Content by any User
l. Feedback. If you choose to provide Crypto Karaoke with input or suggestions regarding problems with or proposed modifications, enhancements or improvements to the Service ("Feedback"), including but not limited to any Feedback you provide if Crypto Karaoke invites you to participate in new product functionality testing, then you hereby grant to Crypto Karaoke a perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.
12. EXTERNAL SITES
Although the Service may contain links to or the ability to share information with third-party websites ("External Sites"), Crypto Karaoke does not endorse any External Sites. Crypto Karaoke is also not responsible for the content of any External Sites and does not make any representations regarding the content on applicable External Sites. All External Sites are developed and provided by others. The External Sites may have their own terms of service and privacy policies, and your use of those External Sites will be governed by and subject to applicable terms of service and privacy policies. You should contact the site administrator or webmaster for those External Sites if you have any questions or concerns regarding any content located on applicable External Sites or the terms governing your use of applicable External Sites.
If you decide to access any External Sites, purchase any content from External Sites, or subscribe to services offered by any External Sites, then you do so at your own risk. You agree that Crypto Karaoke will have no liability to you arising from your use or interaction with any External Sites.
13. CONSENT TO COMMUNICATIONS
If you registered for the Service using your telephone number or have updated your account information to provide your telephone number to us, you acknowledge and agree that we may send you notifications via text (SMS) messages, including promotional text messages, at the telephone number associated with your account, until you notify us that you no longer wish to receive these messages by replying STOP to any text message you receive. You acknowledge that you are not required to consent to receive promotional text messages as a condition of using the Service.
THE FREQUENCY OF ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) WILL VARY BASED ON THE KINDS OF NOTIFICATIONS YOU SIGN UP TO RECEIVE AND YOUR USE OF THE SERVICE. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.
14. TERM AND TERMINATION
a. Term. This Agreement, which commences upon your use of the Service, will continue to apply to you until terminated by either you or Crypto Karaoke.
i. You may terminate this Agreement at any time by sending written notification to Crypto Karaoke Support here. Your termination of this Agreement will also constitute termination of your use of the Service. Following termination, you will no longer be able to access your Account or your User Content. If you wish to delete any of your User Content from the Service, you can ask Crypto Karaoke to do so by contacting Crypto Karaoke through the form available here.
ii. Crypto Karaoke may terminate this Agreement at any time with or without notice to you. Crypto Karaoke also reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Service at any time if you breach any provision of this Agreement or violate or infringe the copyrights or other rights of any third-party.
c. Survival. Sections 2, 6-7, 9.b, 10.b, 10.c, 10.d, 11, 14-26, 28-32, and all defined terms used therein, shall survive any termination of these Terms indefinitely.
15. COINS (aka Koins) AND VIRTUAL GOODS
The following terms apply to the extent permitted under law:
a. Coins. The Service may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use virtual coins or other virtual currency exclusively within the Service (“Coins”). This license is subject to your acceptance of this Agreement and any other applicable policies or agreements with Crypto Karaoke. Coins can only be used in connection with the Service as permitted by Crypto Karaoke and you may view your balance of Coins at any time in your account profile. Once redeemed, Coins will be deducted from your account balance and cannot be used again. You have no right to reverse a transaction once it is completed. In the event of any dispute, Crypto Karaoke shall have the final determination over the calculation of your Coin account balance. Crypto Karaoke may make certain features or functionality of the Service available that allow or require the redemption of Coins, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Coins may be redeemed. The cost to purchase Coins is determined by Crypto Karaoke in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that Crypto Karaoke has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins as it sees fit in its sole discretion, and that Crypto Karaoke will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in these Terms or any other terminology used, Coins have no monetary or “real world” value and can only be used with the Service. All purchases of Coins are final and non-refundable, and Coins may not be redeemed or exchanged for ”real” currency or any legal tender. Coins currently do not expire, but Crypto Karaoke reserves the right to revoke the licenses to them, at any time without notice. In other words, you may redeem Coins for as long as Crypto Karaoke chooses to make Coins redeemable through the Services, which Crypto Karaoke has no obligation to continue to do.
b. Virtual Goods. The Service may also offer you the ability to redeem Coins to obtain virtual goods, such as gifts that may be sent to other users (“Virtual Goods”). Similar to Coins, Virtual Goods are subject to a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license by Crypto Karaoke for you to use the Virtual Goods exclusively in connection with the Service. Virtual Goods are Crypto Karaoke Content and may not be reproduced, redistributed, or exported, and may only be used as permitted by Crypto Karaoke. The amount of Coins needed to obtain Virtual Goods will be displayed at the point of redemption. Crypto Karaoke may determine, in its sole discretion, what Virtual Goods may be available for redemption through the Service from time to time, and Crypto Karaoke may change the selection of Virtual Goods or discontinue a Virtual Good at any time without any liability to you based on its exercise of these rights.
c. Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you in connection with the Coins or Virtual Goods. Unless authorized in the Service, Crypto Karaoke prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the “real world” of any Coins or Virtual Goods to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless Crypto Karaoke expressly pre-approves the applicable event in writing. Coins and Virtual Goods are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Article constitutes a material breach of Crypto Karaoke’s Terms and may result in the termination of your ability to access the Service. Crypto Karaoke may revise the pricing for Coins or Virtual Goods, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Terms and / or Community Guidelines, then your license to any Coins or Virtual Goods will automatically terminate and you will lose access to applicable Coins and Virtual Goods permanently. Crypto Karaoke also reserves the right to terminate your Account if your Account has been inactive for 180 days. If Crypto Karaoke reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Coins or Virtual Goods, Crypto Karaoke reserves the right to restrict your access to and use of Coins, Virtual Goods or the Service. If you violate this Section, then other than the termination rights already mentioned, Crypto Karaoke may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that Crypto Karaoke incurs in connection with the violation.
YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE COINS OR VIRTUAL GOODS, CRYPTO KARAOKE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED COINS OR VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER THE APPLICABLE CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
Crypto Karaoke respects the intellectual property of others and takes the protection of intellectual property very seriously. We ask you to do the same. Infringing activity will not be tolerated on or through the Service. Crypto Karaoke will terminate in appropriate circumstances the Account of any User who is a repeat infringer. Please review our Copyright and Intellectual Property Infringement Policy https://www.Crypto Karaoke.app/copyright for more information about how you can notify us if you think content on the Service infringes your or a third party’s rights, and how we address potentially infringing content. The Copyright and Intellectual Property Infringement Policy is part of and governed by the Terms, and by agreeing to these Terms, you agree to be bound by the terms of the Copyright and Intellectual Property Infringement Policy.
17. MOBILE SERVICES
The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, "Mobile Services"). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
18. WARRANTY DISCLAIMER
We make no promises, representations, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.
NEITHER CRYPTO KARAOKE NOR ITS AFFILIATES (COLLECTIVELY, "CRYPTO KARAOKE") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. CRYPTO KARAOKE WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
CRYPTO KARAOKE DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CRYPTO KARAOKE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW CRYPTO KARAOKE DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
19. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW:
CRYPTO KARAOKE, OUR LICENSORS, OUR LICENSEES, AND OUR SERVICE PROVIDERS (COLLECTIVELY, "CRYPTO KARAOKE PARTIES") SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
CRYPTO KARAOKE’S LIABILITY, AND THE LIABILITY OF ANY OTHER CRYPTO KARAOKE PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF U.S. $100 OR THE TOTAL AMOUNT YOU HAVE PAID CRYPTO KARAOKE FOR SUBSCRIPTION-BASED ACCESS TO THE SERVICE AS OF THE DATE OF THE APPLICABLE CLAIM
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND THE APPLICABLE THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE CRYPTO KARAOKE PARTIES FROM ANY AND ALL 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.
20. GOVERNING LAW
This Agreement is governed by the substantive laws of the State of Florida without regard to its laws that would direct the choice of any other state’s laws.
If you are a consumer who lives in the EU, this Section 20 is without prejudice to any rights you may have under mandatory law which cannot be varied by contractual choice of law.
21. LEGAL DISPUTES AND ARBITRATION AGREEMENT
This Section 21 does not apply if you reside in the European Economic Area or in another jurisdiction which prohibits mandatory arbitration clauses in consumer contracts.
Please Read This Following Clause Carefully—It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
a. Initial Dispute Resolution. We are available by email at admin @ CryptoKaraoke.app to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
b. Agreement to Arbitrate Disputes. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 21(a) above, in the interest of resolving disputes between you and Crypto Karaoke in the most expedient and cost effective manner, you and Crypto Karaoke agree that any dispute arising out of or in any way related to this Agreement or your use of the Service will be resolved by binding arbitration. Either party may initiate binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.
c. Exceptions. Notwithstanding Section 21.b above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available, including seeking relief in a court of law for a claim arising under California's Private Attorneys General Act; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
d. Arbitration Procedure. Any arbitration between you and Crypto Karaoke will be governed by the Federal Arbitration Act and settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. The arbitrator's award shall be final and in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.