This PartyTyme Streaming Player End User Subscription Agreement is a legal agreement (hereafter referred to as the "EUSA") between you (hereafter also referred to as the "Subscriber") and Sybersound Records Inc. (hereafter also referred to as "we", “us” or “the Company”) for a subscription to access the material (PartyTyme Streaming Player service; hereafter also referred to as "the Site" or “the Service”) through the PartyTyme Streaming Player website or equipment (hereafter also referred to as “Equipment”) licensed by PartyTyme Streaming Player. You can subscribe to the Service, according to the terms and fees announced on the Service website (hereafter also referred to as the "Website"), for a limited period of time (referred to as the "Subscription Period") by paying the subscription fee or by participating in another subscription scheme that the Company expressly offers to you. By subscribing to the Service, you agree to be bound by the terms and conditions of this EUSA. This EUSA will become effective when you subscribe to the Service.
The Company provides a streaming karaoke service, that allows you to sing karaoke and take part of a community under certain terms and conditions as set forth in this Agreement. Subject to the terms and conditions of this EUSA, the Company provides the Subscriber, for the duration of the Subscription Period, with a personal, non-transferable, limited right to access the Service by browsing, searching and reading the material through the graphical user interface of the Website or Equipment. The Company expressly states that it does not make any promises about the content of the Service, its accuracy, quality or suitability for any particular purpose. Furthermore, the Company may discontinue or revise any or all aspects of the Service in its sole discretion.
PartyTyme Streaming Player is for private use only. It is strictly prohibited to play content in the Service publicly.
You agree to comply with all applicable laws regarding use of the Service.
You agree to:
Please note that any information, data, material or other communication you transmit or post to the Site will be deemed NOT to be confidential and non-proprietary. By providing us any information or material, you grant us the unrestricted, irrevocable, perpetual license to use, copy, have used, reproduce, display, modify, have modified, incorporate, sublicense, distribute or otherwise dispose of those information, data, material, and communication. You further agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purposes for all commercial and non-commercial purposes.
We will not publish your name or otherwise publish the fact that you submit materials or other information to us without your permission unless required to do so by law.
The Company may change the terms and fees of the subscription of the Service from time-to-time. Subscription fees are mentioned on the Service Website and valid for new subscriptions unless otherwise expressly stated. All subscription fees stated on the Website are exclusive of VAT (where applicable), other applicable taxes and processing fees.
When subscribing to the Service by paying the subscription fee, such fee will be charged using the payment method you have chosen. You confirm that all the information like your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information for the payment method you provide are correct. If you pay by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make a such purchase and that you are the holder of such card (i.e. that the card is issued in your name). You agree that, according to the automatic subscription renewal (in next chapter, section 2b), the Company or its agent may charge your payment method for the subscription fee periodically, not earlier than one week before the beginning of each Subscription Period. If your payment method does not allow us to charge the relevant amount, the Company has the right to terminate your subscription and this EUSA. Subscription fees paid for the Service are not refundable.
1) If you subscribe to the Service as a new Subscriber, the Subscription Period starts when you have submitted the subscription form and a) successfully completed a one-time payment for a fixed length subscription or b) have provided payment details for future recurring payments. You will be notified as soon as your subscription is accepted.
2) If you subscribe by another scheme that the Company has expressly offered to you, the Subscription Period starts after you have fulfilled the conditions of the offer.
Any free trial offered by the Service applies to new customers only and can be used only once.
If you have subscribed to the Service by providing payments details for automatic recurring payments, the subscription of the Service will be automatically renewed at the end of each Subscription Period, unless you terminate the subscription at least three days before the end of the Subscription Period (according to section 3d). Unless we inform you about changes in the terms and/or fees of the subscription at least two weeks before the end of the then-current Subscription Period, the terms and fees will be the same for the new Subscription Period and the then-current Subscription Period. If you do not accept the new terms and fees, you are obligated to terminate the subscription (according to section 2d).
You may renew subscription either by paying a one time fee for a fixed period of time or by subscribing in an automatically renewing subscription. If your previous subscription is still valid when you purchase a new subscription, the new subscription period begins when the previous one ends. New subscription becomes effective when we have received affirmation of your payment. In automatically renewing subscription the Service is usable without interrupts as long as the payment method used is valid. In automatically renewing subscription the Service continues at the end of each subscription period, unless you denounce the Subscription at least three days before the termination. Any charges will be made no sooner than three days before the termination of each subscription period.
If you have subscribed to the Service by paying the subscription fee, you may terminate your subscription at any time through the payment system. Termination shall have effect at the expiry of the then-current Subscription Period that you have already paid for. This means that the Company will not refund any remaining amount of subscription fees that you have already paid for.
If you have subscribed to the Service by providing payment details for automatic recurring payments, but you are still on your free trial period, that is possible offered to you by the Company, the subscription will stop at the moment we receive your cancellation request. If you have subscribed to the Service by any other way offered to you by the Company, the subscription will terminate according to the terms of the offer.
The Company may terminate your membership and subscription, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
The Company does not guarantee the completeness or accuracy of the Materials provided for on the Site. It further disclaims all responsibility as to links on the Site, such as their existence or the accuracy. We may make changes, improvements and/or modifications to the Materials displayed on the Site, or products and services referred to within, at any time without notice. The Material at the Site may be out of date and we make no commitment to update it. Material published at the Site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
IN NO EVENT shall the Company, its employees, its officers, its affiliates, its suppliers or other third parties mentioned at the Site be liable to you for any damages, including without limitation special, indirect, or consequential damages (including, without limitation, damages for loss of profits, business interruption, or loss of information) arising out of the use, inability to use, or the results of use of this Web Site, any web sites linked to this site, or the Materials, qualifications, opinions or recommendations contained at any or all such sites whether based on warranty, contract, quasi-contract, tort (including negligence) or any other legal theory and whether or not advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You hereby indemnify and hold harmless the Company and its officers, employees, agents, and advisors against any and all damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from your breach of this EUSA and your violation of any law or regulation, including without limitation any laws regarding copyright, trademark, and other proprietary rights, invasion of privacy, slander and defamation.
Whenever possible, each provision of this EUSA will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this EUSA is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this EUSA or any other provision hereof.