20. CORRECTIONS
There may be information on the Application that
contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing,
availability, and various other information. We reserve the right to correct any
errors,
inaccuracies, or omissions and to change or update the information on the
Application at
any time, without prior notice.
21. DISCLAIMER
THE Application IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE Application AND OUR SERVICES WILL BE AT YOUR SOLE
RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED,
IN CONNECTION WITH THE Application AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE Application’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO THE
Application AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
Application, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Application, (5) ANY
BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
Application BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Application. WE
DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Application, ANY HYPERLINKED
WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION
BETWEEN YOU AND ANY 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.
22. LIMITATIONS OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE Application, EVEN IF WE
HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY
CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF
THE
ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT
PAID,
IF
ANY,
BY
YOU
TO
US
DURING
THE
SIX
(6)
MONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN
US
STATE
LAWS
AND
INTERNATIONAL
LAWS
DO
NOT
ALLOW
LIMITATIONS
ON
IMPLIED
WARRANTIES
OR
THE
EXCLUSION
OR
LIMITATION
OF
CERTAIN
DAMAGES.
IF
THESE
LAWS
APPLY
TO
YOU,
SOME
OR
ALL
OF
THE
ABOVE
DISCLAIMERS
OR
LIMITATIONS
MAY
NOT
APPLY
TO
YOU,
AND
YOU
MAY
HAVE
ADDITIONAL
RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including
our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out
of:
(1) use of the Application; (2) breach of these
Terms of Use
; (3) any breach of your
representations
and warranties set forth in these
Terms of Use
; (4) your violation of the rights
of a
third party, including but not limited to intellectual property rights; or (5)
any overt
harmful act toward any other user of the Application with whom you connected via
the
Application. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of
such
claims. We will use reasonable efforts to notify you of any such claim, action,
or
proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the
Application for the purpose of managing the performance of the Application, as
well as
data relating to your use of the Application. Although we perform regular
routine
backups of data, you are solely responsible for all data that you transmit or
that
relates to any activity you have undertaken using the Application. You agree
that we
shall have no liability to you for any loss or corruption of any such data, and
you
hereby waive any right of action against us arising from any such loss or
corruption of
such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the
Application, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and
you agree that all agreements, notices, disclosures, and other
communications we
provide to you electronically, via email and on the Application, satisfy
any
legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED
OR COMPLETED BY US OR VIA THE Application. You hereby waive any rights
or
requirements under any statutes, regulations, rules, ordinances, or
other laws
in any jurisdiction which require an original signature or delivery or
retention
of non-electronic records, or to payments or the granting of credits by
any
means other than electronic means.
26. CALIFORNIA USERS AND
RESIDENTS
If any complaint with us is not satisfactorily
resolved, you
can contact the Complaint Assistance Unit of the Division of Consumer Services
of the
California Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These
Terms of Use
and any policies or operating
rules
posted by us on the Application or in respect to the Application constitute the
entire
agreement and understanding between you and us. Our failure to exercise or
enforce any
right or provision of these
Terms of Use
shall not operate as a waiver of
such
right or provision. These
Terms of Use
operate to the fullest extent
permissible
by law. We may assign any or all of our rights and obligations to others at any
time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused
by any cause beyond our reasonable control. If any provision or part of a
provision of
these
Terms of Use
is determined to be unlawful,
void, or
unenforceable, that provision or part of the provision is deemed severable from
these
Terms of Use
and does not affect the validity
and
enforceability of any remaining provisions. There is no joint venture,
partnership,
employment or agency relationship created between you and us as a result of
these
Terms of Use
or use of the Application. You
agree that
these
Terms of Use
will not be construed against us
by
virtue of having drafted them. You hereby waive any and all defenses you may
have based
on the electronic form of these
Terms of Use
and the lack of signing by the
parties
hereto to execute these
Terms of Use
.
28. CONTACT US
In order
to resolve a complaint regarding the Application or to receive further
information regarding use of the Application, please contact us
at:
Music 2 Tube
Netherlands, Leeuwarden
info@music2tube.com
support@music2tube.com
29. YouTube Terms of Service