Welcome to
the karaoke4free Website, a social utility that connects between professional musicians
and music lovers.
1. Your
Acceptance
The following
Terms of Use ("Agreement") define the legally binding terms for your use of karaoke4free.
This Agreement applies to all users of the karaoke4free Website and Services, including
both persons, institutions or corporations who use the Website for any purpose
by a computer or any other device ("Users"), and persons, institutions or
corporations who offer the material they upload on the Website for sale ("Partners"
and "Golden Partners"). By using and/or visiting this website, you show your
acceptance of these Terms of Use and of karaoke4free copyright terms, which are
incorporated herein by reference, and its
privacy policy.
* PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, AS THEY
AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
* IF YOU DO NOT
AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE karaoke4free WEBSITE.
2. Website
Access
In
order to use the Website, you must obtain access to the Internet, either
directly or through devices that access web-based content, and pay any service
fees partnered with such Internet access. In addition, you must provide all
equipment necessary to make such connection to the Internet, including a
computer and modem or other access device. You agree not to make any claims or
allegations against karaoke4free if you are prevented the use of the Website due to
improper or lacking equipment, or lack of access to the Internet.
3. Changes
to the Terms of Use
We
reserve the right to make changes to these Terms of Use at our sole discretion
and at any time without prior notice. The new Terms of Use will be binding from
the date they are published. This date will be posted on this page accordingly.
Nevertheless, karaoke4free will do its best to notify you in advance of the aforesaid
changes, through publications on the Website. It is important you refer to these
Terms of Use from time to time to make sure that you are aware of any changes
that we may have made to them. Your continued use of the Website constitutes
your acceptance of the new Terms of Use.
4. Changes to the Website
karaoke4free may
make changes to the contents, structure and design of the Website, and to the
services it provides, their extent and their availability, at any time and at
its sole discretion. These changes may cause disruptions and/or technical
problems in the use of the Website and its Services. You agree not to make any
allegations or claims to karaoke4free and/or its agents concerning the execution of the
aforesaid changes and/or any disruptions or other technical problems they may
cause.
5. User
Accounts
Registration may be required for the use of certain Services and portions of the
Website (e.g., content uploads, newsletters, blogs, competitions, forums, etc.).
If you choose to provide information to the Website, you agree to provide only
true, accurate, current and complete information. If you create a user account,
you agree to accept responsibility for all activities that occur under your
account or password, if any, and agree you will not sell, transfer or assign
your user account. You are responsible for maintaining the confidentiality of
your password, if any, and for restricting access to your computer so that
others may not access any password-protected portion of the Website using your
name, user name or password in whole or in part. You agree to notify karaoke4free of any
unauthorized access that was carried out using your account.
6. User-Added Content
The karaoke4free
Website allows Users, Partners and Golden Partners to add videos, audios,
backing tracks, texts, or other content ("User-Added Content") to the Website
and the hosting, sharing, and/or publishing of that content. You are solely
responsible for your own User-Added Content and the consequences of publishing
it.
-
By submitting User-Added Content to karaoke4free, you hereby grant karaoke4free permission to
use, distribute, sell and display the User-Added Content in connection with
the karaoke4free Website and karaoke4free's business in any media formats and through any
media channels. -
You agree not to submit material that is (i) unlawful, obscene, threatening,
pornographic, hateful, ethnically offensive or encourages criminal conduct,
copyrighted or is otherwise inappropriate; (ii) is not an original work by
you, or that you do not have the necessary rights, licenses and permissions
in it and to submit it to karaoke4free under these Terms of Use; (iii) advertising
another business; or (iv) a misrepresentation or content that is damaging to
karaoke4free or any third party. -
karaoke4free disclaims any and all liability in connection with User-Added Content,
and will not be held responsible for any consequences resulting from
material displayed on the Website. -
karaoke4free reserves the right to remove User-Added Content without prior notice.
karaoke4free will also terminate a User's/Partner's/Golden Partner's access to the
Website if they make repeated violations in submitting User-Added Content,
and may do so at its sole discretion and without prior notice. -
karaoke4free is not responsible for the accuracy or intellectual property rights of
or relating to such User-Added Content, nor is it responsible for any
consequences resulting from User-Added Content that is hosted on the
Website. -
You agree that once you have added User-Added Content to the Website, it
will not be possible for you to remove it in the future. However, if you
strongly wish that your User-added Content be removed, you may provide karaoke4free
with a written proposal enclosing the reasons for which you wish it to be
removed. karaoke4free will consider the proposal, and make a decision regarding it,
at its sole discretion, and cannot guarantee the aforementioned content will
be removed upon asking.
Following is the
e-mail address of the karaoke4free agent to whom you should direct your proposal:
admin.kar4@gmail.com
7. Terms Relating to Partners and Golden Partners
To
become a Partner on the Website and sell copyrighted material (e.g. backing
tracks, audio, videos, etc.), you must either own this material or have a
license by its owner to sell it. You become a partner by
checking the box reading 'I would like to become a Partner on the Website and
offer you this material for sale' when uploading your material to the Website.
You will automatically become a Partner once your material, accompanied by the
above statement, is displayed on the site.
Further details
regarding Partners' revenues can be found in the
'Sell Your
Backing Tracks, Audio Recordings and Karaoke Videos'
section.
karaoke4free reserves the right to disqualify Partners and remove their materials and/or
terminate their use of the Website, without prior notice and at its sole
discretion.
You agree not to make any claims or allegations regarding the disqualification
of your Partnership.
You agree not to
submit material that in any way violates the terms specified in section 6,
namely the 'User-Added Content' section. You are solely responsible for
complying with copyright laws.
Partners will
receive revenues for the material they offer for sale on the Website. Partners
have the possibility of becoming Golden Partners if they have uploaded over 100
karaoke videos of good quality which include backing tracks, or own the
aforesaid videos and would like to upload them on the site. Golden Partners are
Partners who, in addition to revenues from selling backing tracks, will receive
a proportionate part of the fees paid to the site by VIP Users, relative to the
amount of these Partners' material on the site and its popularity among VIP
Users. To become a Golden Partner, please submit a Golden Partnership
Application on the Website (Apply
here).
karaoke4free reserves the right to disqualify your Application at its sole discretion and
without notifying you of the cause for disqualification. karaoke4free reserves the right
to change the conditions for becoming a Golden Partner at any time and at its
sole discretion.
If karaoke4free discovers that material you have uploaded to the site infringes in any
way on another person's copyrights, or violates these Terms of Use in any other
way, it may terminate your Partnership on the site, and/or prevent your payments
being advanced to you, without prior notice to you and in its sole discretion.
8. Purchase
of Content and Payment
Users may be required to pay for the use of certain contents and services on the
Website. karaoke4free may at any time change prices of these contents and services,
without prior notice and at its sole discretion. You will not make any claims or
allegations to karaoke4free on account of changes in price. You will not in any way try
to circumvent or avoid payment to the site for these contents and services. For
payment purposes, you may be required to submit your credit card information
online, accompanied by relevant details (e.g. your full name, ID number, etc.).
Please note that the Website is protected and personal information of this kind
will be encrypted as to prevent its unlawful use by other persons. You agree not
to submit false credit card details or false personal information, and affirm
your knowledge that doing so is punishable by law. karaoke4free reserves the right to
notify the proper law authorities if it finds you have tried to use false
information, and to terminate your use of the Website thereof, at it sole
discretion and without prior notice.
9. Using
Contents from the Website
Users who purchase contents on the Website may use it for personal uses only.
Users may not, under any circumstances, copy, reproduce, distribute, sell or
publicly display any content purchased or otherwise obtained from this Website.
You agree not to alter, modify, publish, distribute, sell, broadcast, transmit,
create derivative works from or edit any content of this Website, without an
expressed written permission granted to by karaoke4free. To obtain such permission,
write here. karaoke4free reserves the right to terminate your use of the Website if
it finds you have violated any of the terms stated above, at its sole discretion
and without prior notice.
10. Intellectual Property Rights
The content on
the karaoke4free Website, except all User-Added Content, as defined below, including
without limitation, the text, software, patents (whether registered or not),
trade secrets, scripts, graphics, photos, sounds, designs, music, videos,
interactive features and the like ("Content") and the trademarks, service marks,
domain names, trade names and logos contained therein ("Marks"), are the
property of karaoke4free, unless otherwise specified, and protected by
applicable copyrights, trademark rights, database rights and other proprietary
(including, but not limited to, intellectual property) rights.
The content
(including material you have purchased) on the Website is for your information
and personal use only and may not be used, copied, distributed, reproduced,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes, except as specified in these Terms of Use or otherwise
expressly granted to you in advance by written consent from karaoke4free.
You agree that
you will not submit any User-Added Content that is copyrighted, protected by
trade secret or subjected to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have been
permitted by their rightful owner to post the material. It is karaoke4free's policy to
respect the legitimate rights of copyright and other intellectual property
owners, and it does not permit any copyright infringing and infringement of
intellectual property rights. In accordance with the Digital Millennium
Copyright Act, 17 U.S.C Section 512 (the "DCMA"), karaoke4free has designated a Copyright
Agent (see below) to receive notifications of claimed copyright infringements on
its site. If you are a copyright owner and believe that your work has been used,
copied or made available on the in a way that infringes upon your copyrights
and/or intellectual property rights, please provide our Copyright Agent with a
written copyright infringement notice ("Notice"). The Notice should include the
following information:
-
A statement that you have identified material on the Website which infringes
your copyright, or the copyright of a third party which you represent. -
Identification of the copyrighted work claimed to have been infringed and
the full URL for its page. -
Explanation of the way that material infringes your copyright (e.g. the
sound is copied; the entire video is copied, etc.). -
Identification of the type (e.g. a piece of music, a music video, etc.) and
details of (e.g. title, publisher, dates, etc.) the copyright work which you
own the rights in, and which you believe has been infringed. If this
information is available on the internet, please send us the relevant link. -
Your contact information (full name and postal address, telephone number and
e-mail address) so that we can get in touch with you. -
Your contact information which we can pass on to the submitter of the
material concerned, so that they can get in touch with you to resolve your
complaint directly. -
A statement that you have good reason to believe that use of the aforesaid
material is not authorized by the copyright owner
(or
by a third party who is legally entitled to do so on behalf of the copyright
owner)and is not otherwise permitted by law.
-
A statement that the information in the Notice is accurate, and under
penalty of perjury, that you are the copyright owner or else you have
exclusive right in law to act on behalf of the owner to bring infringement
proceedings with respect to the use of the said material. -
A
physical signature, a scanning of a physical signature, or a valid
electronic signature of a person authorized to act on behalf of owner of the
work that is allegedly infringed.
You acknowledge
that if you fail to follow the above requirements, your notice may not be valid.
Send your Notice
to our Copyright Agent here.
12.
Limitation of Liability
UNDER NO
CIRCUMSTANCES SHALL karaoke4free, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER
REPRESENTATIVES OF EACH OF THEM, BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT
LOSS OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (a) THE CONTENT,
INCLUDING USER-ADDED CONTENT, ON THE WEBSITE; (b) ERRORS, OMISSIONS, OR
INACCURACIES OF CONTENT ON THE WEBSITE, OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE karaoke4free WEBSITE; (c) ANY BUGS, VIRUSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (d) ANY
INTERRUPTION OF TRANSMISSION TO OR FROM OUR WEBSITE; (e) TECHNICAL OR OTHER
MALFUNCTIONS IN YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER EQIUPMENT OR
TECHNOLOGY; (f) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY INFORMATION STORED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU ALSO
ACKNOWLEDGE THAT THE karaoke4free WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES THAT
ARE NOT OWNED OR CONTROLLED BY karaoke4free. karaoke4free HAS NO CONTROL OVER, AND ASSUMES NO
RESPONSIBILITY FOR THE CONTENT, PRACTICES, OR PRIVACY POLICIES OF ANY THIRD
PARTY WEBSITES. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE karaoke4free FROM ANY
LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT karaoke4free SHALL NOT BE LIABLE FOR USER-ADDED CONTENT
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.
YOUR ACCESS TO
AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE
WEBSITE, WE SUGGEST YOU DO NOT USE IT OR ACCESS IT ANY LONGER.
13.
Disclaimer of Warranties
THE
WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS
MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS
IS," "AS AVAILABLE, " AND "WITH ALL FAULTS."
TO THE FULLEST EXTENT PERMITTED BY LAW, karaoke4free, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES CONNECTED TO THE WEBSITE AND YOUR USE
THEREOF. karaoke4free MAKES NO WARRANTIES THAT THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE WILL BE ERROR-FREE AND MAKES NO WARRANTIES, NOR
ASSUMES ANY RESPONSIBILITY REGARDING (a) THE CONTENT AND SOFTWARE PROVIDED ON
THE WEBSITE; (b) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE
WEBSITE; (c) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR LINKS TO THIRD
PARTIES; (d) SECURITY PARTNERED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE WEBSITE; (e) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER
OR OTHER ADVERTISING.
karaoke4free DOES NOT
WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH, OR YOUR USE OF THE WEBSITE IS
LAWFUL IN ANY PARTICULAR JURISDICTION, AND, IN ANY EVENT, karaoke4free SPECIFICALLY
DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. THE USE OF ANY
OF THE FEATURES OF THE WEBSITE IS AT YOUR OWN RISK AND DISCRETION, AND YOU
WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE
YOU ACCESS OR USE THE WEBSITE.
14. Ability
to Accept Terms of Service
You affirm that
you are either more than 18 years of age, or have the consent of your parents or
guardians, and are fully able to enter into the terms, conditions, obligations,
affirmations, and warranties set forth in these Terms of Use, and to abide by
and comply with Terms of Use.
15.
Indemnity
You agree to
indemnify, defend and hold harmless karaoke4free, its owners, officers, managers,
members, agents and employees, from and against all damages, losses, costs,
claims, demands, claims, liabilities, debt and expenses (including but not
limited to attorneys' fees), connected with these Terms of Use, including, with
limitation: (a) your use and access to the karaoke4free Website; (b) your violation of
these Terms of Use, or any rule, law or regulation; (c) your use of the content;
(d) your submission or transmission of your User-Added Content or any other
content or material on or through the Website; (d) your violation of any third
party right, including without limitation any copyright, property, intellectual
property or privacy right; or (e) any claim that your User-Added content caused
damage to a third party. karaoke4free retains to exclusive right to settle, compromise
and pay any and all claims, demands, proceedings, suits and actions that are
brought against karaoke4free herein under the terms and provisions of this section and in
no event shall you settle any claim without karaoke4free's prior written approval.
16. Other
Any other rules,
guidelines, conditions, restrictions and terms that may be posted or made
available regarding a particular feature on the Website or its Services, are
incorporated by this reference into these Terms of Use, for all purposes.
These Terms of
Use shall be governed by the laws of the United States. Any claim or dispute
that arises in any part from the karaoke4free Website shall be decided exclusively by a
court of competent jurisdiction located in Tel Aviv-Jaffa, Israel according to
United States laws.
If any provision of these Terms of Use shall be deemed invalid or unenforceable
by any court of competent jurisdiction or as a result of future legislative
action, such holding or action shall not affect the validity or effect of any
provision of these Terms of Use. No waiver on the part of karaoke4free of any of these
Terms of Use shall be of any force or effect, unless made in writing and signed
by a duly authorized officer of karaoke4free.
17.
Termination
You agree that
karaoke4free will determine your compliance with these Terms of Use at its sole
discretion. karaoke4free reserves the right to restrict, suspend, deny or terminate
access to all or part of the Website or any of Services it provides. karaoke4free may
deny access to any person in its sole discretion without prior notice, and under
appropriate circumstances may terminate use of the Website by users who are
repeat infringers of any part of these terms of Use. Any violation of these
Terms of Use may be referred to law enforcement authorities.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
