JDInteractive (I Like Tunes)
provides its service to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You
can review the most current version of the TOS at any time at:
http://www.ILikeTunes.com/tos.asp. In addition, when using
particular I Like Tunes owned or operated services, you and I Like Tunes
shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS.
I Like Tunes may also offer other services that are governed by different
Terms of Service.
DESCRIPTION OF SERVICE
I Like Tunes provides users with access to
services, personalized content and programming through its network which
may be accessed through various media or devices now known or hereafter. (Collectively
known as the "Service"). You also understand and agree that the
Service may include certain communications from I Like Tunes, such as
service announcements, administrative messages and an I Like Tunes
Newsletter, and that these communications are considered part of
I Like Tunes. Unless explicitly stated otherwise, any new features that augments
or enhances the current Service, including the release of new I Like
Tunes
properties, shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that I Like Tunes assumes no
responsibility for the timeliness, deletion, or failure to
store any user communications or personalization settings. You are
responsible for obtaining access to the Service, and that access may
involve third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to
access the Service.
Please be aware that I Like Tunes was created
to allow members to generate their own content which can then made
available to other members. I Like Tunes is not responsible for, nor
will be held accountable for any adult content which may be generated
and/or sent through the system. It is a violation of I Like Tunes policy
to post adult materials or profanity. Reported violators will be banned
and the offensive content removed. The decision on which content is in
violation of our TOS rests with us, and us alone.
2.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the
Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or I Like Tunes has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, I Like
Tunes
has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
I LIKE TUNES PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy. For more
information, see our full privacy policy at
http://www.ILikeTunes.com/privacy.asp You understand that through
your use of the Service you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer
of this information to the United States and/or other countries for
storage, processing and use by I Like Tunes and its affiliates.
3.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and
account and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify I Like
Tunes
of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end
of each session. I Like Tunes cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
4.
MEMBER CONDUCT
You understand that all information, data,
text, software, sound, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that you, and not
I Like Tunes, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
I Like Tunes does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will I Like Tunes be liable in any way for
any Content, including, but not limited to, any errors or omissions in
any Content, or any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not
limited to, a I Like Tunes official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;
d.
forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f.
upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping) that are
designated for such purpose (please read our complete
Spam Policy);
h.
upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
i.
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
j.
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of
law;
k.
provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material support
or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
l.
"stalk" or otherwise harass another; and/or
m.
collect or store personal data about other users in
connection with the prohibited conduct and activities set forth in
paragraphs a through m above.
You acknowledge that I Like Tunes may or may
not pre-screen Content, but that I Like Tunes and its designees shall have
the right (but not the obligation) in their sole discretion to
pre-screen, refuse, or remove any Content that is available via the
Service. Without limiting the foregoing, I Like Tunes and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by
I Like Tunes or submitted to I Like Tunes, including without limitation
information in all other parts of the Service.
You acknowledge, consent and agree that
I Like Tunes may access, preserve and disclose your account information and
Content if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights, property or
personal safety of I Like Tunes, its users and the public.
You understand that the technical
processing and transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices.
You understand that the Service and
software embodied within the Service may include security components
that permit digital materials to be protected, and that use of these
materials is subject to usage rules set by I Like Tunes and/or content
providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or
in part, is strictly prohibited.
5.
INTERSTATE NATURE OF COMMUNICATIONS ON I Like Tunes NETWORK
When you register with I Like Tunes, you
acknowledge that in using I Like Tunes services to send electronic
communications (including but not limited to email, sending messages and
other Internet activities), you will be causing communications to be
sent through I Like Tunes's computer networks, portions of which are
located in the USA. As a result, and also as a result of I Like Tunes's
network architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in nature
can result in the transmission of interstate communications regardless
of where you are physically located at the time of transmission.
Accordingly, by agreeing to this Terms of Service, you acknowledge that
use of the service results in interstate data transmissions.
6.
INDEMNITY
You agree to indemnify and hold I Like Tunes
and its subsidiaries, affiliates, officers, agents, employees, partners
and licensors harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or otherwise make available through
the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
7.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes, any
portion of the Service (including your I Like Tunes ID), use of the
Service, or access to the Service.
8.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that I Like Tunes may
establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that email
messages, site posts, site messages or other uploaded Content will be retained by
the Service, the maximum number of messages that may be sent from
or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on I Like Tunes's servers on
your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You
agree that I Like Tunes has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that
I Like Tunes reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that I Like Tunes
reserves the right to modify these general practices and limits from
time to time.
9.
MODIFICATIONS TO SERVICE
I Like Tunes reserves the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice.
You agree that I Like Tunes shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
10.
TERMINATION
You agree that I Like Tunes may,
under certain circumstances and without
prior notice, immediately terminate your I Like Tunes account,
any associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of fees, if any, owed by you in connection
with the Services. Further, you agree that all terminations for cause
shall be made in I Like Tunes's sole discretion and that I Like
Tunes shall
not be liable to you or any third party for any termination of your
account, any associated email address, or access to the Service.
11.
I Like Tunes’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by I Like Tunes or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
I Like Tunes grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, nor to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is
provided by I Like Tunes for use in accessing the Service.
12.
I Like Tunes’S DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
I LIKE TUNES AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
a.
I LIKE TUNES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
b.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE I Like Tunes ACCESSED AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
c.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM I Like Tunes OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
d.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO
USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
13.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
I Like Tunes AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF I Like Tunes HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
14.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
15.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise
expressly provided in this TOS, there shall be no third-party
beneficiaries to this agreement.
16.
NOTICE
I Like Tunes may provide you with notices,
including those regarding changes to the TOS, by email, regular mail or
postings on the Service.
17.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
I Like Tunes respects the intellectual
property of others, and we ask our users to do the same. I Like Tunes may,
in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide I Like Tunes's Copyright Agent the
following information:
1. an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
2. a description of the copyrighted work
or other intellectual property that you claim has been infringed;
3. a description of where the material
that you claim is infringing is located on the site;
4. your address, telephone number, and
email address;
5. a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
6. a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and
that you are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf.
I Like Tunes's Agent for Notice of claims of
copyright or other intellectual property infringement can be reached as
follows:
By mail:
JDInteractive
PO Box 11391
Cedar Rapids, IA 52410-1391
USA
Entire Agreement. The TOS constitutes the entire agreement between
you and I Like Tunes and governs your use of the Service, superseding any
prior agreements between you and I Like Tunes with respect to the Service.
You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other I Like Tunes services,
affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you
and I Like Tunes shall be governed by the laws of the State of Iowa without
regard to its conflict of law provisions. You and I Like Tunes agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Linn, Iowa.
Waiver and Severability of Terms. The failure of I Like
Tunes to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that
your I Like Tunes account is non-transferable and any rights to your
I Like Tunes ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
