1. Your Acceptance
A. By using and/or visiting this website, you signify your agreement to (1) these terms and conditions, (2) Spytunes privacy notice, found here by reference, and (3) Spytunes’ Community Guidelines, found here by reference. If you do not agree to any of these terms, the Spytunes privacy notice, or the Community Guidelines, please do not use the Spytunes Website. B. We withhold the right to modify these terms and condition at our sole discretion, and will do our best to keep you informed of these changes, please check back periodically to check for changes.
2. Spytunes Website
A. These Terms of Service apply to all users of the Spytunes Website, including users who are also contributors of video content, information, and other materials or services on the Website.
B. The Spytunes Website may contain links to third party websites that are not owned or controlled by Spytunes. Spytunes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Spytunes will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Spytunes from any and all liability arising from your use of any third-party website.
3. Spytunes Accounts
A. In order to access some features of the Website, you will have to create a Spytunes account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Spytunes immediately of any breach of security or unauthorized use of your account at email@example.com
B. Although Spytunes will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Spytunes or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
Spytunes hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Spytunes prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Spytunes Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Spytunes Content through any technology or means other than the video playback pages of the Website itself, the Spytunes Embeddable Player, or other explicitly authorized means Spytunes may designate.
D. You agree not to use the Website, including the Spytunes Embeddable Player for any commercial use, without the prior written authorization of Spytunes. Prohibited commercial uses include any of the following actions taken without Spytunes express approval:
* sale of access to the Website or its related services (such as the Embeddable Player) on another website; * use of the Website or its related services (such as the Embeddable Player ,The Guitar Conspiracy©, chordacus, S-EPR), for the primary purpose of gaining advertising or subscription revenue; * the sale of advertising, on the Spytunes website or any third-party website, targeted to the content of specific User Submissions or Spytunes content; * and any use of the Website or its related services (such as the Embeddable Player ,The Gutar Conspiracy©, chordacus, spydacus, S-EPR) that Spytunes finds, in its sole discretion, to use Spytunes resources or User Submissions with the effect of competing with or displacing the market for Spytunes, Spytunes content, or its User Submissions.
E. Prohibited commercial uses do not include:
* uploading an original video to Spytunes, or maintaining an original channel on Spytunes, to promote your business or artistic enterprise; * using the Embeddable Player to show Spytunes videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Spytunes; * any use that Spytunes expressly authorizes in writing.
F. If you use the Spytunes Embeddable Player on your website, you must include a prominent link back to the Spytunes website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. If you use the Spytunes Uploader, you agree that it may automatically download and install updates from time to time from Spytunes. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Spytunes to deliver these to you) as part of your use of the Uploader.
H. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Spytunes servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Spytunes grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Spytunes reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Spytunes Community Guidelines, and all applicable local, national, and international laws and regulations.
J. Spytunes reserves the right to discontinue any aspect of the Spytunes Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Spytunes Website.
A. The content on the Spytunes Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Spytunes, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Spytunes reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely: * for your information and personal use; * as intended through the normal functionality of the Spytunes Service; and * for Streaming. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Spytunes Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available “as is.”
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Spytunes Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Spytunes Service or otherwise as prohibited under this Agreement.
D. You may access Spytunes Content, User Submissions and other content only as permitted under this Agreement. Spytunes reserves all rights not expressly granted in and to the Spytunes Content and the Spytunes Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Spytunes Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Spytunes Website or the Content therein.
G. You understand that when using the Spytunes Website, you will be exposed to User Submissions from a variety of sources, and that Spytunes is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Spytunes with respect thereto, and agree to indemnify and hold Spytunes, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Spytunes account holder you may submit video content (“User Videos”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Spytunes does not guarantee any confidentiality with respect to any User Submissions.
B. 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: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Spytunes to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Spytunes, you hereby grant Spytunes a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Spytunes Website and Spytunes (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Spytunes Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Spytunes Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Spytunes Service. You understand and agree, however, that Spytunes may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Spytunes all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Spytunes Community Guidelines, which may be updated from time to time.
F. Spytunes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Spytunes expressly disclaims any and all liability in connection with User Submissions. Spytunes does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Spytunes will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Spytunes reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. Spytunes will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Spytunes reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Spytunes may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, please contact us: firstname.lastname@example.org
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SPYTUNES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPYTUNES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SPYTUNES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SPYTUNES WEBSITE. SPYTUNES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPYTUNES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPYTUNES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL SPYTUNES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPYTUNES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPYTUNES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Spytunes from its facilities in the United States of America. Spytunes makes no representations that the Spytunes Website is appropriate or available for use in other locations. Those who access or use the Spytunes Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Spytunes, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Spytunes Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Spytunes Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Spytunes without restriction.