Terms & Conditions
- software applications (such as apps downloaded from the Google Play or Apple App Store), including, without limitation, any patches, revisions, updates, upgrades or replacement thereto, (collectively, the “Application”); and
- online services provided to you by Karaoke2U Interactive Entertainment Inc. (“we” or “Karaoke2U”) (“Service”).
Unless expressly stated otherwise, any reference to the Services shall include the Application.
Use Of The Service
Karaoke2U is only providing you the services of audio recorder (save & play recordings), play original song and instrumentals. You can record, save & upload your song, upload pictures and submit comments. The Service is provided solely for your own non-commercial use. All songs and lyrics are from the Internet.
In order to use the Services, you must receive data connectivity services from your service provider at your own cost. The cost of the data connectivity service may vary among service providers. It is your responsibility to review such costs and to determine whether you wish to bear such costs or not. In particular, you further acknowledge that the cost of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Service, depending on your location at any particular time.
Subject to your full compliance with all of the terms and conditions of this document, Karaoke2U hereby grants you a limited, personal, non-commercial, non-exclusive, revocable, non-sub licensable, non-transferable, non-assignable license to download, install and use the Application for the sole purpose of your personal use of the Application in connection with provision of the Service by Karaoke2U.
Karaoke2U is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any prior notice to you, for the repair, improvement or upgrade of the Service or for any of the reasons for termination as mentioned below.
You may not make any use of the Service in whole or in part that is not expressly permitted by this Agreement. Without limiting the generality of the foregoing, you shall not: (1) copy, modify, translate, reverse engineer, decompile or disassemble the Service or create derivative works based thereon; (2) install the Application onto a server so that it is accessible via a public network; or (3) delete or modify any attributions, legal notices or other proprietary designations in the Software or any part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Service, without derogating from any other remedies available to Karaoke2U.
Intellectual Property Ownership
Karaoke2U may on a case by case basis enable you to add, create, submit, distribute or post certain content, including, without limitation, text, photos, data, graphics and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service.
Karaoke2U does not guarantee that any User Submission (or part thereof) will be made available through the Service.
By submitting any User Submission on or through the Service, you:
(a) Acknowledge that you are publishing such User Submission and that you may be identified publicly by your User Name in association with such User Submission;
(b) Understand that whether or not such User Submission is published, Karaoke2U does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis;
(c) Represent and warrant that you own or have all necessary rights and permissions to use and authorize Karaoke2U and users of the Service to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Service;
(d) Represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent or other intellectual property or proprietary right, or any right of privacy;
(e) Grant Karaoke2U a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce and display the User Submission in connection with the Service, mitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without your prior consent or the consent of the respective owners; .
(f) acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission; and.
Release and indemnity
You understand that when using the Service you may be exposed to User Submission from a variety of sources, and that Karaoke2U is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Submission.
You may be exposed to User Submission that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Karaoke2U with respect thereto.
You agree to indemnify and hold Karaoke2U, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party out of or in connection with the User Submission, and any content you submit, post to or transmit through the Service.
THIRD PARTY WEBSITES AND CONTENT
Karaoke2U has not and cannot review all of the material, information and content available on or by means of third party websites and webpages to which the Service links and transmit information to the website (“Third Party Content”), and is not responsible for such Third Party Content.
By using Karaoke2U, Karaoke2U does not make any representation (express or implied) that it endorses such website or webpage or any of the content thereon. You are responsible for taking precautions as necessary to protect yourself and your device(s) from viruses, worms and other harmful or destructive content. Karaoke2U disclaims any responsibility whatsoever for any harm resulting from your use of third party websites and webpages.
Karaoke2U respects the intellectual property of others and expects its users to do the same. The Service allows you to stream Third Party Content through the Application under the terms and conditions of third party websites, and in accordance with the terms and conditions of such websites and APIs. As a condition to your use of the Service, you agree not to use the Service to infringe any intellectual property rights. We reserve the right to terminate the accounts or to block access to the Service to any users who infringe any intellectual property rights.
ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT
It is our policy to respond to clear notices of alleged copyright infringement. This page outlines the information required to submit these notices and allows online submission for the fastest response.
Karaoke2U is only providing you the services of audio/ video recorder (save & play recordings). All Music are uploaded by internet users. If the song is not hosted by Karaoke2U, the most effective way of protecting your rights is to seek removal from the host that is responsible for the content. This in turn will remove the content from the Service.
If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Karaoke2U to locate the material.
(d) Information reasonably sufficient to permit Karaoke2U to contact you, such as an address, telephone number, and, if available, an electronic mail.
You may Contact us at:
THE SERVICE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING:
- KARAOKE2U EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE.
- KARAOKE2U MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
- YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR MOBILE DEVICE OR ANY OTHER DEVICE USED TO ACCESS THE SERVICE, OR DATA STORED ON SUCH DEVICE, IS SOLELY YOURS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL KARAOKE2U (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARKARAOKE2U OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF KARAOKE2U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL KARAOKE2U’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO KARAOKE2U FOR USE OF THE SERVICE, EVEN IF KARAOKE2U HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT KARAOKE2U MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
This defense and indemnification obligation will survive the expiration of your use of the Service.
Karaoke2U may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately.
Such termination may result in the destruction of all information and data associated with your account.
If you wish to terminate your account, you may do so by deleting the Application from your device and removing the Application from “Your Apps” in the App Centre of your Facebook account.
If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and Karaoke2U may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
GOVERNING LAW & JURISDICTION
ANY CAUSE OF ACTION ARKARAOKE2U OUT OF OR RELATED TO THE APPLICATION OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.