YOU REPRESENT AND WARRANT TO US THAT (A) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) YOU ARE AT LEAST 13 YEARS OF AGE; AND (C) YOU ARE OF SUFFICIENT LEGAL AGE OR OTHERWISE HAVE LEGAL CAPACITY TO LEGALLY ENTER INTO THIS AGREEMENT.
In order to participate in or receive certain portions of the Service (including, but not limited to, the Application), you will be required to create an account with us (“Account”) and you may also be required to maintain an account with the third party social networking site (such as Facebook, Inc.) through which you access the Service or with the applications provider for your supported mobile phone or device. You may control certain aspects of how you interact with the Service by changing your settings in the Application and/or the social networking site through which you access the Service. Your Account is for your individual, personal and non-commercial use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to notify us immediately at http://arwuda.com of any breach of security or unauthorized use of your Account or any violation of this Agreement by others of which you are aware.
4. Use of Service; Assumption of Risk.
You acknowledge and agree that by accessing or using the Service or Website, you may encounter content that may be deemed mature, offensive, indecent, objectionable or inappropriate for children, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may result from your interactions with other users or members in the course of accessing or using the Service.
5. Service Requirements.
In order to access or participate in the Service, you will need telecommunications access to a mobile phone compatible with the Service. You will also be responsible, at your expense, for all telecommunications access and telephone service required to access or participate in the Service and all related third-party service fees (including ISP charges). Certain messaging, service and other standard fees and charges may be applied by your carrier. Please check your plan with your carrier to ensure that you are aware of any applicable fees and charges. We are not responsible for any expenses incurred by you while accessing or using the Service.
6. Our Proprietary Rights; License Grant.
We and our licensors retain exclusive ownership of the Service and Website and all content and materials provided in connection with the Service and Website (other than Personal Content, as described below), and all related intellectual property rights. We retain exclusive ownership of any data that is collected by us or our business partners through the operation of the Service or Website including, but not limited to, all song selections, start times and lengths that are created during operation of the Service, but excluding your personal information.
Subject to your full compliance with this Agreement, we hereby grant you a limited, non-exclusive, revocable, personal and non-transferable license to access and use the Service and Website for your personal, non-commercial use. We reserve all right, title and interest in and to the Service and Website, subject only to the limited license granted to you above. In addition, we reserve the right to terminate this license at any time.
7. User Guidelines and Restrictions; Prohibited Content.
You agree that you will not in connection with your use of the Service or Website:
(a) Abuse or harass any other user, member or person;
(b) Collect or store personally identifying information about other users for commercial or unlawful purposes;
(c) Impersonate any person or entity;
(d) Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Service or Website;
(e) Engage in any activity which may compromise the stability or availability of the Service or Website or use the Service or Website to compromise the availability or stability of any third party site or service;
(f) Use the Service or Website for any unsolicited advertising or promotions;
(g) Use automated means, including spiders, robots, crawlers or the like to download data from the Service or Website or any related server or database;
(h) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service or Website, or any portion thereof;
(i) Circumvent any security measures or any payment collection methods employed on or through the Service or Website, or access or use the Service or Website after your Account, this Agreement or your access has been terminated or suspended by us;
(j) Upload, post, email, otherwise transmit or post links to any content or material, or select any member or user name or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
(k) Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates this type of infringement;
(l) Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website, Service or any third party software, site, equipment or service;
(m) Upload, post, email, otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation, or which we deem improper in accordance with our guidelines and policies;
(n) By-pass the measures we may use to prevent or restrict access to the Service, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
(o) Rent, lease or sublicense the Service or Website.
8. Personal Content.
a. Submission of Personal Content. Some areas of the Service may allow you and other users to post content, comments, questions, and other information (“User Content”). You acknowledge and agree that your communications with other users or members via chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of communication through the Service or Website are public and not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public communications. You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on or through the Service (“Personal Content”).
We reserve the right to refuse to transmit or post, and to disclose, block or remove any content or materials, including but not limited to, Personal Content, in whole or in part, that we in our discretion deem to be in violation of this Agreement, our policies and procedures, or otherwise harmful to persons using the Service or Website, regardless of whether the material or its dissemination is unlawful. In addition, we may also take reasonable steps, including but not limited to, limiting or filtering the number of emails, chat messages or posts sent or received by a user or member.
b. Your Representations and Warranties about Your Personal Content. By posting Personal Content on or through the Service, you represent and warrant that:
(i) None of us, our customers, licensees or business partners shall be required to make any payments with respect to your Personal Content, including but not limited to, payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, union guilds or your licensors or any persons who contributed to or appear in your Personal Content;
(ii) You have full right, power and authority to post your Personal Content and have secured all third-party consents, licenses and permissions necessary to post your Personal Content and grant to us the rights and licenses described below; and
(iii) Your Personal Content (A) is not defamatory; (B) does not infringe upon, misappropriate or violate the rights of any third party, including but not limited to, any intellectual property rights, rights of publicity or any other privacy or proprietary rights; and (C) does not violate any law, rule, regulation or ordinance.
c. Rights in Personal Content. You retain all your ownership rights in your Personal Content. By uploading, making available or submitting Personal Content, you grant us and our business partners and affiliates a royalty-free, perpetual, irrevocable, world-wide, assignable and transferable right and license to quote, re-post, use, copy, reproduce, modify, create derivative works of, incorporate into other works, distribute, transmit, broadcast, communicate, publicly display, publicly perform and otherwise exploit your Personal Content in any form or media now known or hereafter created, anywhere, and without any notice or compensation to you of any kind. You hereby grant us all consents, rights and clearances to enable us to use your Personal Content for these purposes. Without limiting the foregoing, we may:
(i) Host your Personal Content on our servers and those of our third party service providers that we have engaged to host the Service and Website and display your Personal Content, in whole or in part, alone or in compilation with content provided by third parties, to other users of the Service or Website;
(ii) Re-encode your Personal Content as needed to be compatible with different mobile phones which may degrade the sound quality of your music and/or video files;
(iii) Edit your Personal Content to ensure that it complies with our policies and guidelines; and
(iv) Use any trademarks, service marks or trade names incorporated into your Personal Content and the likeness of any individual whose performance or image is contained in your Personal Content
9. Third Party Links; Reliance on Third Party Content.
Opinions, advice, statements, offers or other information or User Content made available through the Service by other members or users are those of their respective authors, and should not necessarily be relied upon. These members and users are solely responsible for their content.
10. Customer Service.
If you have questions about your Account or the Service please contact http://arwuda.com. We will use commercially reasonable efforts to keep your Account and the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service and Website with or without notice. We shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to the Service or Website. Please note that use of the mobile Application provided in connection with the Service may only be used on supported devices and requires your use of the latest version of the applicable mobile application. You are responsible for any third party devices, hardware or software that are required to use the Service.
11. Disclaimer of Warranties.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. WE DO NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE BY MEMBERS OR USERS OF THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY MEMBERS OR USERS THAT APPEARS THROUGH THE SERVICE.
WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY VIRTUAL PROPERTY OR DATA RESIDING ON OUR SERVERS.
12. Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICE OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS’ OR MEMBERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.