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Terms & conditions

Terms & conditions

Last modified: April 15, 2015

Welcome to the The Best Song SAS(« The Best Song ») website — http://thebestsong.co— and any and all products, services, applications, platforms, websites, or other affiliated ventures offered, controlled, owned or operated by The Best Song SAS (the « The Best Song Platform »). The afollowing Terms of Use for the The Best Song Platform creates a legal contract between you, either an individual customer, member or user, or a single entity, and The Best Song regarding your use of the The Best Song Platform. Throughout these Terms of Use, « The Best Song » and « We » refers to The Best Song SAS and its affiliates. « You » or « Users » refers to you, our users — everyone who uses, subscribes to, publishes through, joins, or visits The Best Song.

BEFORE USING THE THE BEST SONG PLATFORM, PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, AND USING THE THE BEST SONG PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE « TERMS »), AND THAT YOUR USE OF THE THE BEST SONG PLATFORM WILL COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AT ALL TIMES DURING YOUR USE OF THE BEST SONG PLATFORM. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE BEST SONG PLATFORM.

 

You may receive a copy of these Terms of Use by e-mailing us at Staytuned@The Best Song.co and identifying the subject line of the e-mail as « Terms & conditions »

 

  1. Privacy policy

The Best Song understands that privacy is important. By using the The Best Song Platform, you expressly consent to the information handling practices described in the The Best Song Privacy Policy (http://thebestsong.co/privacy), which is incorporated into and is subject to the Terms. Your use of the The Best Song Platform and any personal information you provide through the The Best Song Platform are subject at all times to the Privacy Policy and the Terms.

 

  1. Individual Features and Services

When using the The Best Song Platform, you will be subject to any additional posted guidelines or rules applicable to specific services, and features which may be posted from time to time (the « Guidelines »). All such Guidelines are hereby incorporated by reference into the Terms.

 

  1. Modification of the Terms

The Best Song reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time and from time to time with or without specific notice to you other than through posting such modified Terms on the The Best Song Platform. The Terms will be identified as of the most recent date of revision. Notwithstanding the preceding sentences, no modifications to these Terms will apply to any dispute between you and The Best Song that arose prior to the date of such modification. For the avoidance of doubt, the foregoing limitation will not apply to changes made to these Terms necessary to ensure continued compliance with any statutory licenses contained in the United States Copyright Act. Please check these Terms and any Guidelines periodically for changes. Your continued use of the The Best Song Platform after the posting of changes constitutes your binding acceptance of such changes. If you are dissatisfied with the The Best Song Platform, the content thereon, or the Terms or the Privacy Policy, then you agree that your sole and exclusive remedy is to discontinue any use of the The Best Song Platform.

 

  1. The Best Song Platform Access

The Best Song grants you permission to use the The Best Song Platform as set forth in these Terms, provided that: (1) you use the The Best Song Platform solely for your personal, private, noncommercial use; (2) you do not copy, publicly display or distribute any part of the The Best Song Platform in any medium without The Best Song’ prior written authorization; (3) you do not alter or modify any part of the The Best Song Platform other than as may be reasonably necessary to use the The Best Song Platform for its intended purposes; (4) you do not engage in any of the prohibited uses described below; and (5) you will otherwise fully comply with these Terms. The The Best Song Platform is controlled and offered by The Best Song from its facilities in the United States of America. The Best Song make no representations that the The Best Song Platform is appropriate or available for use in other locations. Those who access or use the The Best Song Platform from other jurisdictions do so at their own risk and are responsible for compliance with local law.

 

  1. Ownership; Proprietary Rights

The The Best Song Platform is owned and operated by The Best Song SAS. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the The Best Song Platform that are provided by The Best Song (« The Best Song Materials ») are protected by France copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All The Best Song Materials contained on the The Best Song Platform are the property of The Best Song or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the The Best Song Materials or on the The Best Song Platform are proprietary to The Best Song or its affiliates and/or third-party licensors. Except as expressly authorized by The Best Song, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the The Best Song Materials. The Best Song reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the The Best Song Materials, except for the limited rights set forth in these Terms.

 

  1. Audio Content

Access to Third-Party API’s. The Best Song relies on third-party API’s for music discovery (Last.fm and TheEcho’s Nest) and embedded music players (Spotify, Deezer, Soundcloud, and Youtube). All users are bound by the terms and conditions of that particular music service. The Best Song, and not any other third-party service is responsible for the The Best Song Application Features powered by third-party API’s (hereinafter “API”) are provided “as-is,” without any warranties,and this expressly disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement; You may not modify or create derivative works based on any part of the API; You may not decompile, reverse-engineer, disassemble, and/or otherwise reduce the API to source code or other human-perceivable form, to the full extent allowed by law; Ownership of the API, music content and Service resides solely with that particular service; Spotify, Soundcloud and Youtube are not liable for any interruptions in the Service as accessed via theApplication; The Best Song’s collection of data is subject to The Best Song’s privacy policy and not Spotify, Soundcloud, Youtube, Last.fm or The Echo’s Nest.

The Best Song is not currently affiliated with Spotify, Soundcloud, Youtube, Last.fm or The Echo’s nest but welcome future partnership opportunities.

 

  1. User Submissions.

8.1 General. The The Best Song Platform may now or in the future permit the submission and posting or linking of media, commentary, user names, mi names or any other content (including Audio Content) submitted by you and other users (« User Submissions »), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by The Best Song. The Best Song makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. The Best Song may remove any User Submissions from the The Best Song Platform at any time in its sole discretion, with or without notice, including, but not limited to, any User Submissions that request, facilitate or support the unauthorized sharing of copyrighted material or the identification of the sound recordings comprising a mix. You understand that whether or not User Submissions are published, The Best Song does not guarantee any confidentiality with respect to any User Submissions. In the event of a dispute between two or more Users with respect to any User Submisssions, such as, by way of example and not limitation, the identification of any User name or mix name, The Best Song reserves the right, in its sole discretion, to deny one or more users of the use of any name, including trademarked names, without liability to any Users and grant use rights to a single User. If two or more Users claim the rights to any name, then The Best Song may, in its sole discretion, suspend the use of such name until the parties agree between or among themselves as to the parties’ respective rights in and to such names or until such time as a court of competent jurisdiction, in a final, non-appealable decision, resolves the parties’ respective rights in and to such name.

8.2 Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to The Best Song, you hereby grant The Best Song and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions in connection with the The Best Song Platform and The Best Song’ (and its successor’s) business, including, without limitation, for promoting and redistributing part or all of the The Best Song Platform (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You hereby grant The Best Song and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the The Best Song Platform a non-exclusive license to access your User Submissions through the The Best Song Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the The Best Song Platform and these Terms.

8.3 User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize The Best Song to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by The Best Song and these Terms, and to grant the rights and license set forth above; and (b) your User Submissions, The Best Song’ use of such User Submissions pursuant to these Terms , and The Best Song’ exercise of the license rights set forth above, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation.

8.4 User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (a) publish falsehoods or misrepresentations that could damage The Best Song or any third party; (b) intentionally misidentify the identifying information of User Submissions; (c) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (f) solicit or engage in communications with other users for the unauthorized distribution and sharing of mixes or the individual sound recordings in any mix; or (g) post User Submissions that would be harmful to minors in any manner.

 

  1. Content Disclaimer

You understand that when using the The Best Song Platform, you will be exposed to User Submissions and other content (such User Submissions and other content, collectively, « Content ») from a variety of sources, and that The Best Song is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Best Song with respect thereto. The Best Song does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will The Best Song be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, electronically mailed or otherwise displayed or transmitted through the The Best Song Platform.

 

  1. Monitoring Users and Content

You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not The Best Song, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the The Best Song Platform. The Best Song does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, The Best Song chooses, in its sole discretion, to monitor Content, The Best Song nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that The Best Song may or may not pre-screen User Submissions, but that The Best Song and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the The Best Song Platform. Without limiting the foregoing, The Best Song and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of The Best Song violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.

 

  1. Removal of Content

The Best Song and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available on the The Best Song Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

 

  1. Prohibited Uses

12.1 As a condition of your use of the The Best Song Platform, you will not use the The Best Song Platform for any purpose that is unlawful or prohibited by these Terms. Access to the The Best Song Materials and the The Best Song Platform from territories where their access or use thereof is illegal is strictly prohibited. The Best Song Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.

12.2 Any use by you of any of the The Best Song Materials and The Best Song Platform other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the The Best Song Platform, use of the The Best Song Platform, access to the The Best Song Platform, or Content obtained through the The Best Song Platform, for any purpose other than for your personal, private, non-commercial purposes. You further agree not to engage in the unauthorized sharing of sound recordings with other users of the The Best Song Platform, including, but not limited to, the sharing of some or all of the individual sound recordings embodied in any mixes available on the The Best Song Platform, or the individual sound recordings comprising a mix.

12.3 You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the The Best Song Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent.

12.4 You agree not to intentionally interfere with or damage, impair or disable the operation of the The Best Song Platform or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

12.5 You agree not to attempt to gain unauthorized access to the The Best Song Platform, or any part of it, other accounts, computer systems or networks connected to the The Best Song Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the The Best Song Platform or any activities conducted on the The Best Song Platform.

12.6 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the The Best Song Platform. You agree neither to modify the The Best Song Platform in any manner or form, nor to use modified versions of the The Best Song Platform, including, without limitation, for the purpose of obtaining unauthorized access to the The Best Song Platform.

12.7 You agree that you will not use any robot, spider, scraper, or other automated means to access the The Best Song Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the The Best Song Platform.

12.8 You agree not to utilize framing techniques to enclose any trademark, logo, or other The Best Song Materials without our express written consent. You agree not to use any meta tags or any other « hidden text » utilizing The Best Song’ name or trademarks without our express written consent.

12.9 You will promptly remove any links that The Best Song finds objectionable in its sole discretion. You agree not to use any The Best Song logos, graphics, or trademarks as part of the link without our express written consent.

12.10 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the The Best Song Platform. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

12.11 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the The Best Song Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

12.12 You agree not to modify, adapt, translate or create derivative works based upon the The Best Song Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

 

  1. Account Information

In order to access some features of the The Best Song Platform, you will have to create an account. You agree that the information you provide to The Best Song upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that The Best Song may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to a claim that any User Submission violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of The Best Song, its users and the public.

 

  1. Password

When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify The Best Song. You may be liable for the losses incurred by The Best Song or others due to any unauthorized use of your account.

 

  1. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the The Best Song Platform are solely between you and such advertiser. YOU AGREE THAT The Best Song WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE The Best Song Platform.

 

  1. Links and Third Party Content

The Best Song or third parties may provide links on the The Best Song Platform to other sites or content (« Reference Sites »). The Best Song has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the The Best Song Platform. The Best Song provides links to you only as a convenience, and the inclusion of any link on the The Best Song Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When you leave the The Best Song Platform, our Terms and Privacy policy no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

 

  1. Availability of Service

The Best Song may make changes to or discontinue any of the media, web communities, products, or services available within the The Best Song Platform at any time, and without notice. You agree that any changes to or discontinuation of the The Best Song Platform by The Best Song will be without liability to you, even if such changes or discontinuation results in your loss of access to or use of User Submissions, The Best Song Materials or any other Content. The media, products, or services on the The Best Song Platform may be out of date, and The Best Song makes no commitment to update these materials on the The Best Song Platform.

 

  1. User Disagreements

You are solely responsible for your involvement with other Users.

 

  1. Terms of Use Violations; Termination

19.1 The Best Song. You agree that The Best Song, in its sole discretion and for any or no reason, may terminate any User or customer account (or any part thereof) you may have on the The Best Song Platform or your use of the The Best Song Platform, and remove and discard all or any part of your account or any User Submission, at any time, with or without notice. You agree that any termination of your access to the The Best Song Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that The Best Song shall not be liable to you or any third-party for any such termination. The Best Song does not permit infringing activities, including any violations of the conditions set forth in Sections 112 and 114 of the United States Copyright Act, on the The Best Song Platform, and reserves the right to terminate access to the The Best Song Platform, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The Best Song may have at law or in equity.

 

19.2 User. If you are dissatisfied with the The Best Song Platform, please let us know by electronic mailing us at fstaytuned@The Best Song.co. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (a) the The Best Song Platform, (b) any term of these Terms, (c) any policy or practice of The Best Song in operating the The Best Song Platform, or (d) any content or information transmitted through the The Best Song Platform, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the The Best Song Platform, and providing The Best Song notice of termination by e-mailing us at staytuned@The Best Song.com.

 

  1. Indemnification; Hold Harmless

You agree to indemnify and hold harmless The Best Song, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of: (1) your use or misuse of the The Best Song Platform; (2) your User Submissions, including The Best Song’ use, display or other exercise of its license rights granted herein with respect to your User Submissions; (3) your violation of these Terms; (4) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (5) your breach of the foregoing representations, warranties, and covenants. The Best Song reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Best Song. The Best Song will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. Disclaimers; No Warranties

 

21.1 No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Best Song, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Best Song OR THROUGH THE The Best Song Platform WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 21, THE TERM The Best Song INCLUDES The Best Song’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.

 

21.2 « As is » and « As available » and « With All Faults ». YOU EXPRESSLY AGREE THAT THE USE OF THE The Best Song Platform IS AT YOUR SOLE RISK. THE The Best Song Platform, USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE The Best Song Platform ARE PROVIDED ON AN « AS IS » AND « AS AVAILABLE », « WITH ALL FAULTS » BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

21.3 Platform Operation and Content. The Best Song, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE The Best Song MATERIALS, USER SUBMISSIONS, The Best Song Platform, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE The Best Song Platform OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

21.4 Accuracy. The Best Song, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE The Best Song Platform OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

21.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE The Best Song Platform (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

 

  1. Limitation of Liability and Damages

 

22.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL The Best Song OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE The Best Song MATERIALS AND USER SUBMISSIONS ON THE The Best Song Platform OR ANY REFERENCE SITES, THE The Best Song Platform ITSELF, OR ANY OTHER INTERACTIONS WITH The Best Song, EVEN IF The Best Song OR A The Best Song AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, The Best Song’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

22.2 Limitation of Damages. IN NO EVENT SHALL The Best Song OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE The Best Song Platform (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID The Best Song IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

 

22.3 Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN The Best Song AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE The Best Song Platform OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.

 

  1. Limitations by Applicable Law; Basis of the Bargain

 

23.1 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

 

23.2 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT The Best Song HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND The Best Song, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND The Best Song. YOU ACKNOWLEDGE AND AGREE THAT The Best Song WOULD NOT BE ABLE TO PROVIDE THE The Best Song Platform TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

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