Terms Of Service
KaraokeCloud.com music service
This is a legal agreement between you and KaraokeCloud.com stating the terms that govern your use of the KaraokeCloud.com music service (Service). This agreement – together with all updates, additional terms, software, licenses, and all of Karaoke Cloud rules and policies - collectively constitute the agreement between you and KaraokeCloud.com.
If you do not agree to these terms, please abort the registration process and leave the website. You must accept and abide by these terms as presented to you. Changes, additions or deletions are not acceptable, and Karaoke Cloud may refuse access to the KaraokeCloud.com music service for your non-compliance with any part of this agreement.
By continuing browsing the site (registration on this site) you confirm that:
- You have read and understood the present agreement in full.
- You agree with all the clauses of the present agreement.
- You agree with the fact that you are not able to use or to download audio materials from KaraokeCloud.com if it is in conflict with the legislation of your country.
KaraokeCloud.com is unable to control all KaraokeCloud.com users; therefore you are responsible for usage of the materials represented on the KaraokeCloud.com website.
Definition of the KaraokeCloud.com music service.
Karaoke Cloud is the provider of the KaraokeCloud.com music service (the ‘Service’) that permits you to purchase downloads of digital content such as sound recordings (‘Products’) under certain terms and conditions as set forth in this Agreement, stream the content to a compatible device under the subscription terms set out herein, and write the purchased content to digital media.
Age requirements for use of the Service.
This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Karaoke Cloud may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Karaoke Cloud may store and use the Registration Data you provide for use in maintaining your account and balance.
User Account and Security.
- Account and Password. As a registered user of the Service, you may 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 Karaoke Cloud of any unauthorized use of your Account or any other breach of security. Karaoke Cloud shall not be responsible for any losses arising out of the unauthorized use of your Account.
- Security. You agree not to violate or attempt to violate any security components of the Service. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the software and/or website components related to the Service for any reason whatsoever (‘Usage Rules’). Usage Rules may be controlled and monitored by Karaoke Cloud for compliance purposes, and Karaoke Cloud reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Karaoke Cloud for accessing the Service. 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.
Karaoke Cloud, Karaoke Cloud Plus and the KaraokeCloud.com music service provide chargeable Services. You pay for the Service before the Service is provided (prepayment) according to rules and rates.
Karaoke Cloud is provided free of charge as an ad-supported service. Karaoke Cloud Plus is a subscription service with access to an expanded music catalog.
The cost to you for Karaoke Cloud Plus service is $9.99 per month, charged to the Payment Method you have provided. All fees and charges are non-refundable.
By signing up for your Karaoke Cloud Plus subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Karaoke Cloud Plus to the credit card or other payment method accepted by Karaoke Cloud ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on Your Account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Karaoke Cloud changes the subscription fee or other charges for Karaoke Cloud from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where Karaoke Cloud determines it is appropriate (e.g., the Karaoke Cloud Plus service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Karaoke Cloud's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Purchase of KaraokeCloud.com music service content
You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Karaoke Cloud shall be without liability to you in the event of any loss, destruction, or damage.
All sales are final. No refunds are provided whatsoever. In the case of cancellation or suspension of your account, damage, destruction or loss of your Products, refunds will not be applicable. In the event that you cancel your subscription, no refund will be given for the unused portion of the current month.
Agreement to Pay.
- Payment for Products. You agree to pay for all Products you purchase through the Service, and that Karaoke Cloud may charge your credit card or other payment system integrated on the website for any Products purchased, and for any additional amounts (including any taxes) as may be accrued by or in connection with your Account. You are responsible for providing Karaoke Cloud with a valid credit card information or information for other payment system presented on the website for payment of all fees.
- Right to Change Prices and Availability of Products. Karaoke Cloud has the right to change prices and availability of any Products at any time.
- Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
- In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- Your use of the Product is conditioned upon your prior acceptance of the terms of this Agreement.
- You shall be authorized to use the Products only for personal, non-commercial use.
- The delivery of Products does not transfer to you any commercial, copyright or promotional rights to the Products.
- 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 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. Karaoke Cloud 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 Karaoke Cloud. Accordingly, in the event that Karaoke Cloud changes any part of the Service or discontinues the Service, which Karaoke Cloud may do at its election, you acknowledge that you may no longer be able to use the Service as prior to such change or discontinuation, and that Karaoke Cloud 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 Karaoke Cloud a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
- Karaoke Cloud 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.
Delivery of Products.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to the Product that is not delivered within a reasonable period will be either replacement of such Product. No refunds will be provided.
- Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Karaoke Cloud 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 Karaoke Cloud Content or Other Materials. Notwithstanding any other provision of this Agreement, Karaoke Cloud and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Karaoke Cloud be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Karaoke Cloud 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 the materials in the KaraokeCloud.com music service are available for distribution via Internet according to license terms. Under the license agreement, Karaoke Cloud pays license fees for all the materials subject to the Law.
"On Copyright and Related Rights". All the materials are available solely for personal use. Further distribution, resale or broadcasting is prohibited.
All copyrights in and to the Service, including but not limited to, the KaraokeCloud.com music service (including Karaoke Cloud logo, graphics, the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Karaoke Cloud.
All trademarks, service marks, trade names, graphics, company names, slogans, logos, and any other copyright items used in connection with the Service may be trademarks of their respective owners. You are granted no right to copy, distribute or use them otherwise without the prior written consent of the respective owners.
Account termination by Karaoke Cloud.
If you fail, or Karaoke Cloud 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 Karaoke Cloud with a valid credit card ( or other invalid information in relation to payment for services) 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, Karaoke Cloud, at its sole discretion, without notice to you may:
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
terminate the license to the software; and/or
preclude access to the Service (or any part thereof)
Termination of the Service.
Karaoke Cloud 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 Karaoke Cloud 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 Karaoke Cloud from its offices in the USA. 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.
Karaoke Cloud reserves the right to take steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to Karaoke Cloud’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 Karaoke Cloud 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 Karaoke Cloud believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Karaoke Cloud’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, Karaoke Cloud may provide links to certain third party websites. You acknowledge and agree that Karaoke Cloud is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Karaoke Cloud 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.
Karaoke Cloud 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 Karaoke Cloud may remove the Service 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 Service and all products and Services delivered to you through the Service are (except as expressly stated by Karaoke Cloud) are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and no infringement.
In no case shall Karaoke Cloud, 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 the possibility thereof.
Karaoke Cloud 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 Karaoke Cloud hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
Karaoke Cloud does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Karaoke Cloud 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 Karaoke Cloud, 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 Karaoke Cloud 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 Karaoke Cloud, 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 Karaoke Cloud 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.
Karaoke Cloud reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement 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 (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the KaraokeCloud.com music service following the incorporation will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Karaoke Cloud may send you notice with respect to the Service by sending an email message to the email address listed in your Karaoke Cloud Account contact information, by sending a letter via postal mail to the contact address listed in your Karaoke Cloud Account contact information, or by a posting on the KaraokeCloud.com music service. Notices shall become effective immediately.
The laws of the USA govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Karaoke Cloud or relating in any way to your use of the Service resides in the courts of the USA.
These Terms of Service constitute the entire agreement between you and Karaoke Cloud and govern your use of the Service, superseding any prior agreements between you and Karaoke Cloud. 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 Service 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. Karaoke Cloud’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. 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. Karaoke Cloud will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The KaraokeCloud.com music service makes every effort to provide a broad music offering. For this reason, Karaoke Cloud reserves the right to change the music catalogue without notice.
Other Terms and Conditions
Karaoke Cloud is not responsible for typographic errors.
Karaoke Cloud reserves the right to change the terms and conditions of sale at the KaraokeCloud.com music service at any time. Customers are encouraged to review the Sales Policies on a periodic basis for modifications.
No Karaoke Cloud employee or agent has the authority to vary any of the Karaoke Cloud.com music service's policies or the terms and conditions governing any sale in the oral form, by means of e-mail or in other way. All changes of Terms of Service of KaraokeCloud.com Music Service occur by means of the publication in the corresponding section of the KaraokeCloud.com website.
Your Karaoke Cloud Plus membership may start with a free trial. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"), to use our service. If you or another member of your household has been a Karaoke Cloud member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Karaoke Cloud membership, or if you are streaming from a Karaoke Cloud ready device that has been previously activated on a different Karaoke Cloud account, you are not eligible to receive a free trial.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "Membership Terms and Details" link on the "Your Account" page. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY KARAOKE CLOUD WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Karaoke Cloud website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Your Karaoke Cloud Plus membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
You may cancel your Karaoke Cloud Plus membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED KARAOKE PROGRAMING. To cancel, visit our website and click on "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Streaming Service Works
Karaoke Cloud and Karaoke Cloud Plus is an online subscription service providing its members with access to music tracks streaming over the Internet to Karaoke Cloud-ready devices. These devices are manufactured and sold by entities other than Karaoke Cloud.
Last updated 31 July 2012
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