User Acceptance

 

The terms of service for PlaySonus Inc., along with the Privacy Policy and other relevant terms and conditions, govern the use of the PlaySonus Inc. website (PlaySonus.com) and any PlaySonus platforms, including but not limited to the mobile application. These terms, together with the Privacy Policy, form a legally binding contract and will be referred to as the "Agreement.

By accessing the PlaySonus.com and using any content, products or services offered by PlaySonus Inc., whether through their website or platform (collectively referred to as "Services"), you indicate that you have read and understood the Agreement and that you agree to be bound by its terms.

If you use any PlaySonus Service or Platform despite not fully agreeing to the terms of the agreement, you will still be bound by the terms of the agreement.

PlaySonus reserves the right to make changes to this Agreement at any time and without prior notice. These changes will take effect immediately upon being posted on the website. By continuing to use any PlaySonus Service or Platform, you are agreeing to the modified terms of this Agreement. If you are not satisfied with any aspect of a PlaySonus Service or Platform, your only option is to stop using it. You are using any PlaySonus Service or Platform at your own risk.

Services - Terms of Use

The terms of the Agreement apply to all individuals who use any service or platform provided by PlaySonus, including those who upload or contribute any form of content. This content may include text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, or any other materials that are uploaded to any PlaySonus service or platform. This applies to all aspects of PlaySonus, including but not limited to the products, software, and services offered through the PlaySonus website and mobile application.

PlaySonus reserves the right to alter, suspend, or terminate any aspect of any Service or Platform at any time, including features, databases, or content, without notice or liability.

By using any service or platform provided by PlaySonus, you acknowledge and accept that the platform may include links to third-party websites. You also agree to release PlaySonus Inc. from any liability arising from your use of these third-party websites.

When you create a PlaySonus account, you agree to receive emails from the company. These emails may include notifications about system upgrades, issues, and other information. If you wish to stop receiving these emails, you can unsubscribe by clicking the link provided in any of the emails you receive.

Acceptable Use of the Service – User Responsibility

By using any PlaySonus Service or Platform, you agree that you WILL NOT:

  • Make an unlawful or unauthorized reproduction of someone else's trademarked or copyrighted material;
  • Modify or adjust any component of the Services;
  • Change or adjust any aspect of the platform;
  • Do not use the Services for any unlawful purpose;
  • Do not use the platform for any illegal purpose;
  • Do not use any tool, software, or device, other than major public search engines, to access, retrieve, or index any part of the Service or Platform;
  • Do not transmit any viruses, worms, spam, malware, or other destructive items;
  • Do not include any code that is not relevant to the content and is either hidden or present within the content when uploading;
  • Reword or reframe any section of any webpage that is included in the Service or Platform;
  • Do not gather or collect personal identifying information or account names, and do not solicit users;
  • Imitate or copy the mannerisms, style, or identity of another person or artist;
  • Attempt to bypass or circumvent PlaySonus systems, or disrupt the normal usage of the Service or Platform for other users;
  • Post advertisements, promotions or solicitations;
  • Do not submit any content that gives the impression of being sponsored by the Service or Platform without proper authorization. Do not alter or remove any information about the authorship of content and refrain from promoting any information that you know to be false or misleading;
  • Do not post any links to external websites that contain obscene or sexually explicit material;
  • Without prior written approval from PlaySonus, do not sell, transfer, or offer to sell or transfer a PlaySonus account to a third party;
  • Artificially inflating play counts or other statistics using bots, pay-for-play services, or other means.

PlaySonus Accounts

In order to utilize certain features of the PlaySonus Service or Platform, it is necessary to create a PlaySonus account. As the account holder, you are responsible for keeping your access information confidential and for any activity that takes place using your account. Any losses incurred as a result of unauthorized use of your account will be your responsibility and not that of PlaySonus. However, you may be held liable for any losses suffered by PlaySonus or others as a result of such unauthorized use.

User Content and Conduct

In addition to the general restrictions outlined in the terms of service, there are specific restrictions and conditions that apply to your use of the content provided by PlaySonus. It is your responsibility to comply with laws regarding the transmission of data.

The content provided to you is "as is" and PlaySonus is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and by using the PlaySonus service or platform, you agree to waive any legal or equitable rights or remedies you may have against PlaySonus. Additionally, you agree to indemnify and hold harmless PlaySonus, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the service or platform. You acknowledge that your use of the content is at your own risk.

As a user of the PlaySonus service or platform, you are solely responsible for your own content and the consequences of storing and distributing it. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute content through the PlaySonus service or on any PlaySonus platform. Additionally, you grant PlaySonus a non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with any PlaySonus service, platform, or promotional materials. However, you retain all ownership rights in your content.

It is important to note that you cannot upload any third-party content that infringes on intellectual property or copyrights, and you cannot make any material available that you are not the authorized copyright holder for. Additionally, you will not use PlaySonus to upload or distribute any content that is abusive, libelous, defamatory, pornographic, or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred, or is otherwise objectionable in PlaySonus's reasonable discretion.

PlaySonus will respond to takedown requests that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. To file a copyright infringement notification, you will need to send a written or electronic communication to PlaySonus at the email address [email protected] and include a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit PlaySonus to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.

You understand and agree that PlaySonus reserves the right to delete, move, or edit any content that it determines violates the Agreement and/or Privacy Policy or is otherwise unacceptable.

Warranty Disclaimer and Limitation of Liability

BY USING THE SERVICES PROVIDED BY PLAYSONUS, YOU AGREE THAT YOU ARE DOING SO AT YOUR OWN RISK. PLAYSONUS, ITS OFFICERS, EMPLOYEES, AND AGENTS, DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND YOUR USE OF THEM. THEY DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES.

PLAYSONUS IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ALTERATION OF YOUR CONTENT OR ANY VIOLATIONS OF AGREEMENTS. THEY ALSO DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING.

PLAYSONUS AND ANY THIRD-PARTY PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL PLAYSONUS' AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID FOR THE SERVICES.

THESE LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN PLAYSONUS AND YOU. IN STATES OR COUNTRIES THAT DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, PLAYSONUS AND ANY THIRD-PARTY PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.

Indemnification

You will be held liable for any damages or expenses incurred by PlaySonus and its affiliates, their officers, owners, employees, agents, and licensors, as a result of any claims or losses arising from your use of PlaySonus services or platforms, or from any content accessed through your password or by others, whether authorized by you or not. This liability will remain in effect even after these terms of service and your use of the services have ended.

General Terms and Conditions

The Agreement will be interpreted according to the laws of Wyoming, without considering the principles of choice of law. Both you and PlaySonus agree to the jurisdiction of the federal or state courts located in Wyoming County, Wyoming for any legal action related to the Agreement or the Services, and waive any objections to venue in those courts. You also agree not to bring any legal action in any other court.

These Terms of Service, along with the Privacy Policy and any other legal notices published by PlaySonus, constitute the entire agreement between you and PlaySonus regarding the subject matter. Any previous agreements, written or oral, are superseded. If there are any inconsistencies between the Agreement and any additional terms and conditions posted on any PlaySonus Service or Platform, the additional terms will take precedence.

Please email reports of any violations to [email protected]

PlaySonus PRO Subscription Refund Policy

If you have a PlaySonus PRO subscription that was purchased through the PlaySonus website, you have the ability to cancel your subscription at any time before the end of your 30-day payment period. Once you cancel, you will be able to maintain your PRO subscription until the next payment cycle, at which point your account will return to the free tier. It is important to note that we do not provide refunds or credits for any partial subscription periods.

In order to cancel your subscription, you can go to your PlaySonus profile on the PlaySonus app or website and select "manage subscriptions." If you have any issues or concerns about your billing, such as being charged too much or multiple times, you can reach out to our support team at [email protected] and we will assist you in resolving the situation.

Please be aware that if your account is suspended or terminated by PlaySonus due to a violation of our terms of service, you will not be entitled to any refund for any remaining period of your subscription. In the event that PlaySonus elects to cease providing access to the platform in your jurisdiction or for other reasonable circumstances, refunds may be considered at the discretion of PlaySonus. We also want to note that PlaySonus has no liability to you or any obligation to provide a refund in connection with internet or other service outages or failures that are caused by actions of government authorities, other third parties, or events beyond our control.

 

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