Terms of Use
THIS AGREEMENT SETS LEGALLY BINDING TERMS BETWEEN This is Karaoke (TIK) , THE OWNER OF This is Karaoke (TIK), AND YOU, FOR YOUR USE OF THE TIK WEBSITE AND YOUR MEMBERSHIP IN THE SERVICE. BY REGISTRING AND USING THE thisiskaraoke.com WEB SITE YOU AGREE TO ALL THE DECLARATIONS LISTED BELOW AND TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS. ONCE YOU USE AND/OR BECOME A MEMBER OF thisiskaraoke.com YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. ThisisKaraoke.com MAY MODIFY THIS AGREEMENT FROM TIME TO TIME, WITHOUT NOTIFICATION TO YOU. SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING BY Thisiskaraoke.com ON THE WEBSITE. YOU AGREE TO BE BOUND TO ANY CHANGES TO THIS AGREEMENT WHEN YOU USE THE SERVICE AFTER ANY SUCH MODIFICATION IS POSTED. IF YOU DO NOT AGREE AND DO NOT ACCEPT THESE TERMS OF USE, DO NOT REGISTER WITH OF USE ThisisKaraoke.com SERVICES.
Description Of Service
ThisisKaraoke.com provides an online karaoke service (the "Service"), that permits you to listen to, and upload your renditions of your favorite music - under certain terms and conditions as set forth in this Agreement.
Age requirements for use of service
YOU MUST BE OVER 13 YEARS OLD TO USE THIS SERVICE. If you are 13 or older but under the age of 18 you should review these terms of use with your parent or guardian and make sure that you and your parent or guardian understand these terms of use. Registering and/or participating in TIK is confirmation of your age (over 13 years) and your acceptance of the terms below.
Objectional Material.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectional, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the service at your sole risk and that TIK shall have no liability to you for content that may be offensive, indecent or objectional.
Intellectual Property.
Acknowledgement of Ownership.
You agree that the TIK website and Services, including but not limited to graphics, text, audio clips, video clips, pictures and editorial content (collectively, "Materials"), contains proprietary information and material that is owned by TIK and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Removal of TIK Content or Other Materials.
Notwithstanding any other provision of this Agreement, TIK and its licensors reserve the right to change, suspend, remove, or disable access to any services, content, or other materials comprising a part of the Service at any time without notice. In no event will TIK be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. TIK may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
Copyrights.
All copyrights in and to the Service, including but not limited to, ThisisKaraoke.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by TIK and/or its licensors.
Information you provide.
You agree to:
provide true, current, accurate and complete information as prompted by the registration form;
maintain and update this information as required to keep it current, complete and accurate. TIK retains the right, to investigate and take appropriate legal action, in its sole discretion, to suspend or terminate your enrollment and rights, at any time, for any or no reason, with or without prior notice, and without liability.
User Account and Security.
Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify TIK of any unauthorized use of your Account or any other breach of security. TIK shall not be responsible for any losses arising out of the unauthorized use of your Account.
Security. You understand that the Service, and products purchased through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by TIK and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by TIK for compliance purposes, and TIK reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
Usage Rules.
Your use of the ThisisKaraoke.com and its services is conditioned upon your prior acceptance of the terms of this Agreement.
You are authorized to use the Services only for personal, noncommercial use. TIK may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TIK management. Illegal and/or unauthorized use of TIK will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by TIK for any illegal or unauthorized use of the Website.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
The delivery of Services does not transfer to you any commercial or promotional use rights in the Products.
For the avoidance of any doubt, you hereby agree that under any circumstances, TIK will not refund any money paid by you to TIK.
You hereby agree that TIK shall have the right to send you emails based on any information you have provided TIK, any information related to the information you have such provided, or any other information. You hereby agree that any such email sent by TIK is not spamming, illegal, or unsolicited. You hereby further agree that if you choose to delete your profile and/or resign from TIK?, your profile will not appear in any search results, however, TIK keeps the right, to continue sending you emails in other fields.
You are solely responsible for your interactions with other TIK users. TIK reserves the right, but has no obligation, to monitor disputes between you and other Members.
You agree not to transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You agree not to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright trade secret or the privacy or publicity or other personal rights of others;
You agree not to promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
You agree not to violate any applicable law or regulation, through the Service, including but not limited to any American law regarding the transmission of technical data or software exported from the U.S.A.
You agree not to attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication, measures without proper authorization, or otherwise interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
You agree not to interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
You hereby acknowledge that violations of system or network security may result in civil or criminal liability. TIK may investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. TIK reserves the right to modify the Usage Rules at any time.
You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of TIK. Accordingly, in the event that TIK changes any part of the Service or discontinues the Service, which TIK may elect to do, you acknowledge that you may no longer be able to use the services to the same extent as prior to such change or discontinuation, and that TIK shall have no liability to you in such case
The Service may offer interactive features that allow you to, among things, submit or post information and materials on areas of the Service accessible and viewable by other users of the Service and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby grant TIK a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Services, without any compensation or obligation to you.
TIK reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.
Termination.
Termination by TIK. If you fail, or TIK suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide TIK with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, TIK, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
Termination of the Service. TIK reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and TIK will not be liable to you or to any third party should it exercise such rights.
General Compliance with Laws.
The Service is controlled and operated by TIK from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Enforcement of These Terms.
TIK reserves the right to take step believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to TIK's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that TIK has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as TIK believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to TIK's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, TIK may provide links to certain third party websites. You acknowledge and agree that TIK is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. TIK does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
Disclaimer of Warranties; Liability Limitations.
TIK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME TIK MAY REMOVE THE SERVICE FOR TEMPORARILY FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE TIK WEBSITE AND SERVICES DELIVERED TO YOU ARE (EXCEPT AS EXPRESSLY STATED BY TIK) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TIK EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. TIK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL TIK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TIK'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TIK SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TIK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
TIK DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TIK DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
Waiver and Indemnity.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD TIK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY TIK AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TIK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TIK'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Changes.
You hereby agree that TIK reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately upon postage on the TIK website. Your continued use of TIK following the changes will be deemed to constitute your acceptance of any and all such changes.
Governing Law.
If there is any dispute about or involving TIK and/or the Services, by using the Website, you agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York. Your use of the Service may also be subject to other local, state, national, or international laws.
Miscellaneous.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and TIK regarding the use of the Website and/or the Services and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TIK's failure to exercise or enforce any right or provisions in these Terms of Use will not operate as a waiver of such provision, or any other provision of these Terms of Use. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TIK will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Terms of Use




