Acceptance of Terms

Welcome to myTouchTunes.com, TouchTunes mobile services, 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 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 or that we deem improper, including, but not limited to, piracy, copyright infringement, bootlegging, harassment of other users, or violent behavior. 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.

When you register for an account on any of the myTouchTunes services, you will be able to use your access credentials on all myTouchTunes services that we make available for your use. These terms of use and the myTouchTunes privacy policy will apply to your use of all of these services. 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 that you will only access myTouchTunes through the interfaces we provide. You agree not to "hack" our services or systems, 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, through any mobile applications that we provide, 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 on the myTouchTunes web site. 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 has online, mobile and jukebox platforms that are accessed by a community of users across the country, and we require all users to be good neighbors. By using myTouchTunes, 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. Likewise, because the transmission of information over wireless and wired networks is not inherently secure, we can’t guarantee that information (including personal information and private communications) stored locally on your mobile device or transmitted to our servers 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:

• identification of the copyrighted work claimed to have been infringed;
• identification of the allegedly infringing material on the Service that is requested to be removed;
• your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
• 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;
• 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
• 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
Attention: General Counsel
TouchTunes Music Corporation
850 Third Avenue
New York, NY 10022
Fax: 646-365-0011
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. Pay Services

Some myTouchTunes services may be available only upon payment of a fee. For example, we may allow you to request play of a song at a particular jukebox after you pay a specified fee. We may also make it possible for you to pay us for "credits" that you can collect in your account and that you can later use to request songs.

Although we will try to honor requests for songs or other services that you make through myTouchTunes, our ability to provide these services may be affected by a number of factors, including the inherent unreliability of the Internet. We therefore cannot be responsible if a song that you have requested does not play.

Also, we may allow you to store purchased credits in your TouchTunes account (the "Account Credits"). If you apply stored Account Credits to a particular TouchTunes jukebox, you should know that they will be treated similarly to cash or credit payments made directly to that machine. Specifically, like in-person payments made at a particular jukebox, if you apply your Account Credits to purchase credits for a jukebox (a "Jukebox Credit") but do not use those Jukebox Credits to request song plays, the Jukebox Credits will expire after a specified period of time. If your Jukebox Credits expire, they will not be reapplied to your Account Credits. In addition, Accounts Credits and Jukebox Credits may expire after a specified period of time. We will describe any expiration date that applies to Account Credits or Jukebox credits on the Service.

You should be aware that we do not offer refunds for pay services under any circumstances, including if a song that you requested fails to play or if credits that you transfer to a jukebox are lost or expire.

If we offer services that allow you to communicate via wireless networks, we want you to be aware that, in addition to any fees that we charge, your wireless service provider may charge fees for text messages or data transmission. Please consult your wireless carrier for information about any text messaging and data fees that it charges.

We also may make it possible for you to pay for services for which a fee is assessed by requesting that payment be processed by your wireless provider or by another payment intermediary. In such cases, we will let you know before you incur any charges how we will process your payment. By accepting services after we inform you of these arrangements, you agree to allow your wireless provider or our payment intermediary to process the charge and to bill you for the payment or deduct the payment from your prepaid balance.

You are not authorized to access any services for which a fee is charged except if you have paid the appropriate fee, have received access credentials from us, and are using the access credentials that we have provided to you. You may not provide anyone else with assistance in accessing Pay Services on an unauthorized basis, including by sharing your access credentials or providing Materials that you obtained through Pay Services to third parties.

7. 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 sponsor, endorse, or accept any responsibility for such material. TouchTunes is not responsible for the content or privacy practices of any linked sites.

8. 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 myTouchTunes, for any reason, including costs incurred while using myTouchTunes, delays in ordering music, the inaccessibility or technical failure 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 MYTOUCHTUNES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE MYTOUCHTUNES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR INCOMPATIBILITY BETWEEN ANY ELEMENT OF MYTOUCHTUNES AND YOUR HARDWARE DEVICE(S). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF MYTOUCHTUNES, 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.

9. 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.

10. Disclaimer of Warranties

MYTOUCHTUNES IS PROVIDED "AS IS." TOUCHTUNES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO MYTOUCHTUNES, LINKED SITES, USER SUBMISSIONS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH MYTOUCHTUNES. 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 MYTOUCHTUNES, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON MYTOUCHTUNES 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 MYTOUCHTUNES 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 MYTOUCHTUNES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT MYTOUCHTUNES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN MYTOUCHTUNES WILL BE CORRECTED; OR (d) THAT THE CONTENT ON MYTOUCHTUNES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON MYTOUCHTUNES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND TOUCHTUNES DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

11. Termination

This agreement may be terminated by TouchTunes for any reason at any time. Sections 3, 4, and 6 through 18 of this agreement shall survive such termination.

12. Governing Law / Entire Agreement

You agree that any dispute between you and TouchTunes will be governed by the law of the State of New York, without giving effect to any principles of conflicts of law, as if entered into by residents of New York and fully performed therein, and that any legal action brought by one party against the other will be brought in the courts of the City of New York, 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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 at general@touchtunes.com before using myTouchTunes.