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To use myTouchTunes, you have to agree to a contract called the Terms of Use. Among other things, you understand and agree that:

The identity you've given us is accurate, and you won't share your account with anybody.
Anything you post on myTouchTunes (including content you provide in your profile or elsewhere on myTouchTunes, or any communications you send to other users through myTouchTunes) is your own work, for which you - and not TouchTunes - are solely responsible.
If you do post content or anything else on myTouchTunes, your submissions will not contain material that is defamatory, infringes on anyone else's intellectual property rights, or is in any way unlawful; or that we may find to be indecent, profane, obscene, or otherwise objectionable. We may remove anything that you post without telling you first, including if it violates these rules or other parts of our Terms of Use.
When you submit content or other material, you give grant us, our affiliates, and our partners the right to use and distribute that material in any way.
You won't use myTouchTunes for anything that we may find to be illegal or improper, including sharing copyrighted material.
You won't try to hack myTouchTunes or a TouchTunes jukebox.

The full Terms of Use are copied below, and we require that you read them before signing up. If you have any questions, e-mail us and we'll help you understand what they say.

Acceptance of Terms

Welcome to myTouchTunes.com and the TouchTunes network of jukeboxes (collectively, "myTouchTunes"). myTouchTunes is operated by TouchTunes Music Corporation ("TouchTunes," "we," or "us"). In exchange for access to myTouchTunes, users ("you") must agree to enter into this contract, called the Terms of Use, with TouchTunes.
Please read these Terms of Use carefully, because this document is a legal contract, and by using myTouchTunes you agree to its terms.

1. Member Conduct

You agree and warrant that you will not use myTouchTunes to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Use, or that we deem improper, including, but not limited to, piracy, copyright infringement, bootlegging, harassment of other users, or violent behavior.

You are responsible for maintaining the confidentiality of your password, and you agree not to share your password with anyone or allow anyone to use your account. You also agree to take full responsibility for any activity that occurs through the use of your account. If you become aware that any other person has accessed your myTouchTunes account or has obtained your password, you agree to notify us immediately. Even if you notify us, you will be responsible for any damage caused by the breach of security, both before and after the notification.

You agree to use myTouchTunes in accordance with all applicable laws. As a condition of your access to myTouchTunes, you warrant that you will not use myTouchTunes for any purpose that is either unlawful or inconsistent with these Terms of Use. We may restrict, suspend, or terminate your access to myTouchTunes without notice to you if we believe that you have violated any law or these Terms of Use.

You agree that you will only access myTouchTunes through the interfaces we provide. You agree not to "hack" our site, reverse-engineer myTouchTunes, take any action that could have the effect of damaging myTouchTunes or its security, or interfere with other users' use of myTouchTunes, either on the web or through a TouchTunes jukebox. You also agree not to cause or allow any computerized or mechanical process (including web spiders or robots on the Internet, or photography or audio recording at myTouchTunes jukeboxes) to access myTouchTunes or to collect content from myTouchTunes.

2. Registration

Whenever we ask you for personal information in a registration form or elsewhere on myTouchTunes, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. You agree to inform us of any information you provide that you do not wish to be made available to other users of myTouchTunes by entering your preferences through the "Edit Personal Profile" option on the "myAccount" menu. If you want us to keep any information private and are unable to indicate that preference through the "Edit Personal Profile" section, you can also e-mail us using our contact form.

3. Our Intellectual Property

myTouchTunes is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms, all individual articles, content and other elements comprising myTouchTunes are also copyrighted works. All copyright rights in myTouchTunes and these works are owned by TouchTunes or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on myTouchTunes.

You agree to use myTouchTunes only for your own personal and non-commercial use. We do not grant you a license to use myTouchTunes for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of myTouchTunes without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of myTouchTunes over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of myTouchTunes, please contact us.

All rights in the product names, company names, trade names, logos, product packaging, and designs of all TouchTunes or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to TouchTunes or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on myTouchTunes confers on you any license or right under any patent or trademark of TouchTunes or any third party.

4. User Content and Communications

myTouchTunes contains features that allow users to post their own content and communicate with others. When your account is used to submit, post, or add content to myTouchTunes, or communicate with other users through myTouchTunes (collectively, "User Submissions"), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.

When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called "moral rights" in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.

myTouchTunes is a community site accessed by users across the country, and we require all users to be good neighbors. By using the site, you agree that none of your User Submissions will:

infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
contain false statements or misrepresentations that could damage TouchTunes or any third party;
include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by TouchTunes in its sole discretion;
be illegal or otherwise objectionable to TouchTunes; or
include commercial advertisements or solicitations

Because myTouchTunes is a public service and myTouchTunes jukeboxes are located in public places, we can't guarantee that any User Submissions, even those that you don't intentionally publish, will remain confidential.

Some myTouchTunes users may be minors between the ages of 13 and 17. To help ensure their safety, adult users agree not to attempt to contact or identify minors through the use of the myTouchTunes service. You also agree not to attempt to override or circumvent any technology we use to prevent some users from communicating with others.

Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you notice that any other user's submissions appear to violate these Terms of Service, or if any other user ever makes you feel harassed or unsafe, please contact us.

You understand and agree that User Submissions are neither owned by nor provided by TouchTunes, and that TouchTunes is in no way responsible for such User Submissions or any related conduct or practices.

5. Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Service that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Our copyright agent for notice of claims of infringement on myTouchTunes is:

DMCA Complaints
TouchTunes
3 Commerce Place, 4th floor
Montreal, Quebec, Canada
H3E 1H7
Fax: 514-762-6483
Email: copyright@touchtunes.com

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the Service privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

6. Links

myTouchTunes may, as a convenience to users, provide links to third-party content and other web sites, through links made available by TouchTunes, our users, or third parties. We do not endorse, sponsor, endorse, or accept any responsibility for such material. TouchTunes is not responsible for the content or privacy practices of any linked sites.

7. Limitation of Liability

You understand that myTouchTunes is an entertainment service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the myTouchTunes, for any reason, including costs incurred while using myTouchTunes, delays in ordering music, the inaccessibility of myTouchTunes, or the costs associated with any claims you bring or try to bring against us.

Specifically, but without limitation, you agree not to hold TouchTunes liable for damages you claim are caused by third parties who contact you using myTouchTunes or become aware of your identity through the use of myTouchTunes, and you understand that, while such behavior is a violation of these Terms of Use, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of myTouchTunes.

IN NO EVENT WILL TOUCHTUNES OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE TOUCHTUNES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

8. Indemnity

YOU AGREE TO INDEMNIFY TOUCHTUNES AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE "TOUCHTUNES PARTIES") AGAINST, AND HOLD THE TOUCHTUNES PARTIES HARMLESS FROM LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) INCURRED AS A RESULT OF YOUR USE OF MYTOUCHTUNES OR CLAIMS MADE IN CONNECTION WITH SUCH USE.

For example, and without limitation, if you use myTouchTunes to do something illegal, you agree not to sue us if another party takes action against you for it, and if you do sue us you would have to pay our costs and attorney's fees in defending that action. Also, if any other party takes action against you or if your property is damaged in connection with your legal use of myTouchTunes, even if that use is permitted by these Terms of Use, you agree not to sue us. If you try to sue us even though you have agreed not to do so, you would be responsible for our costs and legal fees in connection with our defense of that suit.

9. Disclaimer of Warranties

THIS SITE IS PROVIDED "AS IS." TOUCHTUNES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, USER SUBMISSIONS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TOUCHTUNES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOUCHTUNES DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY TOUCHTUNES, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TOUCHTUNES OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

TOUCHTUNES MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND TOUCHTUNES DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

10. Termination

This agreement may be terminated by TouchTunes for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.

11. Governing Law / Entire Agreement

You agree that any dispute between you and TouchTunes will be governed by the law of the State of Illinois, and that any legal action brought by one party against the other will be brought in the courts of the State of New York.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and TouchTunes and governs your use of myTouchTunes, superseding any prior or contemporaneous communications and proposals in any form between you and TouchTunes. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.

12. Privacy Policy

A separate document, the Privacy Policy ,explains our handling of personal information we maintain about you while you use myTouchTunes. By using myTouchTunes, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the site. If you have questions about our privacy practices, you can always contact us.

13. Changes to Terms and Conditions

From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of myTouchTunes constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use by clicking the "Terms of Use" button at the bottom of every myTouchTunes web page because this agreement is binding on you.

14. Additional Agreements

From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.

15. No Professional Advice

Any information supplied by any employee or agent of TouchTunes, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of myTouchTunes, and does not constitute legal, tax, medical, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

16. No Waiver

You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

17. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TouchTunes as a result of these Terms of Use or your access to and use of myTouchTunes. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Still don't get it?

If you have any questions about the above Terms of Use or if you don't understand them, please send us an e-mail before using myTouchTunes.

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