THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HITLAB INC. THESE TERMS AND CONDITIONS, AS MAY BE AMENDED FROM TIME TO TIME, WILL GOVERN YOUR USE OF THE KARAOKE MOBILE APPLICATION (THE "KARAOKE APP") AND OF THE HITLAB KARAOKE MOBILE SERVICE AVAILABLE THROUGH SUCH KARAOKE APP (THE "HITLAB SERVICE"). BY DOWNLOADING AND USING THE KARAOKE APP AND THE HITLAB SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS END USER LICENSE AGREEMENT ("AGREEMENT").
- The Karaoke App and the Hitlab Service; Subscription
Hitlab is the sole owner and provider of the Karaoke App and of the Hitlab Service accessible through such Karaoke App. Upon download of the Karaoke App, you will be required to sign up for an account (the “Account”), with a valid email address and complete and accurate information, as may be required (the “Account Data”) in order to subscribe to the Hitlab Service for a certain period of time (the “Subscription Period”). You will download the Karaoke App, and therefore be able to access the Hitlab Service, on only one mobile device (your “Device”) at a time, and will be entitled to access the Master only through the Karaoke App on your Device. You will not be entitled to transfer any Masters directly to your Device, or to any other device, application or medium.
The Hitlab Service is only available for individuals aged 18 years or older. If you have not reached the age of majority in the jurisdiction where you reside, please review this Agreement and the Contest Rules and Terms and Conditions with your parent or guardian. By signing up for an account with the Hitlab Service or by using the Hitlab Service, you represent and warrant that you are aged 18 years or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of the Hitlab Service by an individual under 18 years old is unauthorized and unlicensed. If you are a Minor, have your parent or guardian subscribe for the service.
- Account Security
You agree to maintain the security of your account. You are solely responsible for restricting access to the Account and to your Device. You also understand that by granting access to the Hitlab Service on a certain Device any person accessing such Device will have access to the information of your account which includes your email. You are entirely responsible for all activities that take place using your account and your Device, and you agree to immediately notify Hitlab of any unauthorized use of your account or any other breach of security. Hitlab shall not be liable to you for any unauthorized use of your account or your Device.
Hitlab grants you a limited, non-exclusive, non-transferable, revocable license to use the download and use Karaoke App, use the Hitlab Services, and rerecord the Masters into the Karaoke App, on your Device in accordance with the terms and conditions of this Agreement, including certain rules of conduct established by Hitlab and/or its licensors (the "Rules of Conduct") set forth in section 5 below. You acknowledge and agree that the Karaoke App, the Masters, and any related content that is being made available through the Hitlab Service is licensed to you and no right, title or interest in and to the Karaoke App, the Masters, or any other content related to the Hitlab Service is being transferred to you. Any use of the Karaoke App, of the Hitlab Service or of the content available through the Hitlab Service other than as specifically authorized herein is strictly prohibited and shall terminate automatically the license granted herein. The terms of this Agreement will govern any upgrades provided by Hitlab that replace and/or supplement the original Karaoke App and/or Hitlab Service, unless such upgrade is accompanied by a separate license agreement in which case the terms of that license agreement will govern.
- Rules of Conduct
You acknowledge and agree to comply with the following so called “Rules of Conduct”, which may be amended from time to time without notice:
- You agree not to sign up for an account on behalf of any third party;
- You agree not to act in any manner that could cause damage, violate the security of, or cause disrepute to the Karaoke App or the Hitlab Service, or any content related thereto, including the Masters;
- You agree not to, or not attempt or assist a third party to modify, copy or reproduce the Karaoke App or the Masters, in whole or in part, or reverse-engineer, decompile, disassemble, or otherwise tamper with any aspect of the Karaoke App or the Hitlab Service; and
- You agree not to use, sell, rent, lease, loan, distribute, exploit, transfer, license or otherwise provide anybody with the Karaoke App, the Hitlab Service and/or the Masters, in whole or in part, to any third party.
- Objectionable Material
Your acknowledge that Hitlab shall not be held liable for any content within the Masters that may be considered offensive, vulgar, indecent, or otherwise objectionable.
- Intellectual Property
You acknowledge that the any and all right title and interest in and to, including but not limited to intellectual property rights, the Karaoke App, the Hitlab Service, the Masters and any and all content related thereto, including but not limited to designs, text, graphics, logos, images, compositions, editorial content, data compilations, software, and trademarks and trade names (collectively the “Proprietary Information”), are the property of Hitlab and/or its licensors, and are protected by applicable copyright laws and other intellectual property laws. You agree not to use the Proprietary Information, in whole or in part, in any was except in accordance with this Agreement.
- Term, Modification and Termination
The term of this Agreement shall begin as of the date of subscription and download of the Karaoke App and shall continue until you cancel your subscription or Hitlab terminates this Agreement in accordance with this Agreement. Hitlab shall have the right, at its sole discretion, to modify, suspend, remove or disable access to, or discontinue the Karaoke App and/or the Hitlab Service (or any part, feature or content thereof) at any time and for whatever reason, whether as a result of your failure to comply with the terms and conditions of this Agreement or otherwise, without notice or refund.
- Consent to Use of Your Information
You agree that Hitlab may collect and use technical data and related information, including but not limited to, technical information about your Device, systems, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to the Hitlab Service, and usage statistics of the Karaoke App and of the Hitlab Service. Hitlab may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. You also agree that Hitlab has the right, without liability to you, to disclose any Account Data to law enforcement authorities, government officials, and/or a third party, as Hitlab believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You further agree that if your account is deactivated or if this Agreement is terminated, Hitlab may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent signing up to the Hitlab Service.
Hitlab recognizes that personal and company information that may be entered in Hitlab may be of a confidential or sensitive nature. Hitlab services have been designed to be resistant to the inappropriate access or disclosure of such information to other registered and unregistered users.
Hitlab will not make any use of personal information or provide to third party any information provided by you, including the Account Data, without your express written permission except as set out in section 9 hereinabove. If you believe that any party may have violated this policy or the privacy of your information in any way, please contact Hitlab immediately.
You expressly acknowledge and agree that your use of the Karaoke App and of the Hitlab Service is at your sole risk and that Hitlab makes no guarantee, representation or warranty that the operation of the Karaoke App and the Hitlab Service or your use of the Karaoke App and the Hitlab Service will be uninterrupted or error-free. You also agree that the Karaoke App and the Hitlab Service may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. Hitlab may remove the Karaoke App and the Hitlab Service for indefinite periods of time, or may disable access to the Karaoke App and the Hitlab Service at any time, without notice to you and without liability. The Karaoke App, the Hitlab Service, and the Masters, as well as all content related thereto, are provided "as is" and "as available". Hitlab disclaims any and all warranties and representations with respect to the Karaoke App, the Hitlab Service, the Masters, and any and all content related thereto, including but not limited to the quality of the Masters, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded. Some jurisdictions do not allow the exclusion of implied warranties or limitations of rights of consumers, so the above exclusion and limitations may not apply to you. Hitlab shall not be liable to you or to any third party for any loss or damages to your Device or other hardware. Hitlab makes no guarantee, representation or warranty that the Karaoke App and the Hitlab Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Hitlab disclaims any liability relating thereto. You are solely responsible for backing up your own system.
You agree to indemnify and hold Hitlab, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, representatives, contractors, licensors and licensees harmless from and against any and all claim, loss, liability, damages, costs and expenses arising out of or in connection your breach of this Agreement, any violation by you of any law or rights of a third party or in any way from your use of the Karaoke App except as provided for in this Agreement.
- LIMITATION ON LIABILITY
HITLAB, ITS AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS AND LICENSEES, AND REPRESENTATIVES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS AND LICENSORS AND LICENSEES, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE OR LOSS OF DATA, ARISING FROM YOUR USE OR INABILITY TO USE THE KARAOKE APP AND/OR THE HITLAB SERVICE OR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE TO YOU THROUGH THE KARAOKE APP AND/OR THE HITLAB SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION. HITLAB'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT, THE KARAOKE APP AND THE HITLAB SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE HITLAB SERVICE. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION ON LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- Applicable Law
If your residence is located in Canada, this Agreement and your use of the Karaoke App and of the Hitlab Service shall be governed by the laws of Canada and the province of Ontario, without reference to rules governing choice of laws. Any actions or disputes relating to this Agreement, the Karaoke App or the Hitlab Service shall be exclusively adjudicated in the provincial or federal courts in Toronto, Ontario, and you consent to such venue and jurisdiction. If your residence is located outside Canada, this Agreement and your use of the Karaoke App and of the Hitlab Service shall be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws. Any actions or disputes relating to this Agreement, the Karaoke App or the Hitlab Service shall be exclusively adjudicated in the state or federal courts located in New York City, NY, USA, and you consent to such venue and jurisdiction.
- Entire Agreement
This Agreement constitutes the entire understanding between you and Hitlab with respect to your use of the Karaoke App and of the Hitlab Service, and supersedes any prior agreements between you and Hitlab on the subject matter.
You may not assign this Agreement without Hitlab's prior written consent. Hitlab may assign this Agreement at any time without prior notice to you.
If any provision of this Agreement is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
The failure by Hitlab to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to subsequently exercise or enforce such right or provision or any other provision of this Agreement.
- Changes to this Agreement
Hitlab may change, revise, update or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that Hitlab may impose new or additional rules, policies, terms or conditions on your use of the Karaoke App and/or of the Hitlab Service at any time. You hereby agree that a change notice sent to you by email or the posting on the Hitlab Service of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Karaoke App and of the Hitlab Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Karaoke App and the Hitlab Service. It is your responsibility to regularly check the Hitlab Service to determine if there have been changes to these terms and to review such changes.
- Notices and Electronic Communication
All notices relating to this Agreement may be sent to you by that email which is associated with your Account (effective upon actual receipt). YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM HITLAB ELECTRONICALLY. AS A USER OF THE KARAOKE APP AND OF THE HITLAB SERVICE, HITLAB MAY FROM TIME TO TIME SEND YOU EMAIL UPDATES OR OTHER INFORMATION REGARDING THE KARAOKE APP AND THE HITLAB SERVICE. YOU AGREE THAT ALL THESE EMAIL UPDATES AND OTHER COMMUNICATIONS THAT HITLAB PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
- Submissions, Complaints and Customer Support
Any questions, comments, suggestions, ideas, feedback, complaints or other information you may have about the Karaoke App or the Hitlab Service should be directed to Hitlab through the Contact information displayed in the Karaoke App.
Unless prohibited in your jurisdiction, you accept that English is the language of this Agreement and that the English version of this Agreement shall prevail.
- It is to be noted that Apple Inc. is not a sponsor or is involved in the contest in any manner.