Terms of Service

Last updated: October 22, 2018

 

Terms of use

These terms of use (“Terms of Use”) set forth the basis on which you are permitted to access and use the website located at http://yokee.tv (the “Website”), software applications (such as apps downloaded from the Apple App Store or Google Play), including, without limitation, any patches, revisions, updates, upgrades or replacement thereto, (collectively, the “Application”) and online services (“Service”, and any reference to the Services shall include the Application) provided to you by Yokee Music Ltd. ( “we” or “Yokee”). These Terms of Use shall govern any and all kind of use and features offered via the Services as may become available from to time to time. Please read these Terms of Use carefully before using the Services. By accessing and using the Services and/or downloading and/or installing and using the Application in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use or access the Services or stop download or installation or remove the installation of the Application in any manner. We reserve the right to update these Terms of Use at any time without the requirement of any notice to you.

Your use of the Service is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service, you are indicating that you agree to be bound by these Terms of Service. Yokee reserves the right to amend, discontinue, limit, disable, terminate or cancel any feature of the Service.

The most current version of this agreement is available at http://www.yokee.tv/terms/.

As a condition precedent to the use of the software and services as provided herein, you also agree to be bound by the privacy policy available at http://www.yokee.tv/privacy/.

Use of the service

The Service employs a unique technology which enables you to choose a song from third party streaming websites, and sing along and record yourself. The Service is provided solely for your own non-commercial use.

As a condition to your use of the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not distribute in any medium any part of the Service without Yokee’s prior written authorization. You further agree not to alter or modify any part of the Services or any of its related technologies.

IMPORTANT: In order to use the Services, you must receive data connectivity services from your service provider. The cost of the data connectivity service may vary among service providers. It is your responsibility to review such costs and to determine whether you wish to bear such costs or not. In particular, you further acknowledge that the cost of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Service, depending on your location at any particular time.

User accounts

The services made available on the Website or Application may require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. If the Application is used via Facebook, any further registration is not required and your Facebook login information will be used to log you into the Service. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Yokee immediately of any unauthorized use of your account or any other breach of security. Yokee will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time.

License

Subject to your full compliance with all of the terms and conditions of this Agreement, Yokee hereby grants you a limited, personal, non-commercial, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable license to download, install and use the Application for the sole purpose of your personal use of the Application in connection with provision of the Service by Yokee.

Yokee is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you, for the repair, improvement or upgrade of the Service or for any of the reasons for termination as mentioned below.

You may not make any use of the Service in whole or in part that is not expressly permitted by this Agreement. Without limiting the generality of the foregoing, you shall not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Service or create derivative works based thereon; (ii) install the Application onto a server so that it is accessible via a public network; or (iii) delete or modify any attributions, legal notices or other proprietary designations in the Software or any part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Service, without derogating from any other remedies available to Yokee.

Intellectual Property Ownership. The Service, including but not limited to, the Application, the Website, text, graphics, photos, sounds, interactive features and other content and the trademarks, service marks and logos contained therein (the “Yokee IP”), are owned by or licensed to Yokee, and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge that the Service and its content is provided to you on an AS IS basis for your personal use only and, except as permitted under these Terms of Use, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Yokee or the respective owners.

User submission

Yokee may enable you to add, create, submit, distribute or post certain content, including, without limitation, text, photos, videos, data, graphics and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service. As part of the Service, you may also be allowed to record your performance and share it privately or publicly (“Your Video”). Once you have registered you may choose our video recording feature to make Your Video. Following recording Your Video you will be asked to select “Private” or “Public”. Yokee does not guarantee that any User Submission will be made available through the Service. By submitting any User Submission on or through the Service, you: (a) acknowledge that you are publishing such User Submission and that you may be identified publicly by your User Name in association with such User Submission; (b) understand that whether or not such User Submission is published, Yokee does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize Yokee and users of the Service to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent or other intellectual property or proprietary right, or any right of privacy; (e) grant Yokee a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce and display the User Submission in connection with the Service. This license includes the right to use the User Submission for the promotion and advertising of the Service, making it available to other persons for the distribution or publication of such User Submission on other media and services, with no compensation paid to you with respect to the User Submission that you submit, post, transmit or otherwise make available through the Services; (f) hereby agree that Yokee may place advertising and promotions on the Service or on, about, or in conjunction with your User Submission.

You further acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission.

You understand that when using the Service you may be exposed to User Submission from a variety of sources, and that Yokee is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Yokee with respect thereto, and you agree to indemnify and hold Yokee, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service.

Third party websites and content

Yokee has not and cannot review all of the material, information and content available on or by means of third party websites and webpages to which the Service links and transmit information to the website (“Third Party Content”), and cannot therefore be responsible for such Third Party Content. By using Yokee, Yokee does not represent or imply that it endorses such website or webpage or any of the content thereon. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Yokee disclaims any responsibility whatsoever for any harm resulting from your use of third party websites and webpages.

We respect the intellectual property of others and we ask our users to do the same. The Service allows you to stream Third Party Content through the Application under the terms and conditions of third party websites, and in accordance with the terms and conditions of such websites and APIs. As a condition to your use of the Service, you agree not to use the Service to infringe any intellectual property rights. We reserve the right to terminate the accounts or to block access to the Service to any users who infringe any intellectual property rights.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL YOKEE BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY THIRD PARTY CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY’S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE AND/OR DISPLAY AND/OR PERFORMANCE OF ANY THIRD PARTY CONTENT TRAMSMITTED, DISPLAYED AND/OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATION. Furthermore, Third Party Content shall be subject to the terms of use of such third party provider and your use of the Service you agree to and approve, and subject yourself to the terms of use of such third party content provider.

ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT. You understand and agree that Yokee may (but is not obligated to) review and remove or block any content of any kind that under Yokee’s sole discretion violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Service (“Abusive Content”). In addition, each user of the Service may notify Yokee that it considers certain content (whether Website Content, or Third Party Content) to be Abusive Content and provide reasons supporting such notification. Yokee shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such Abusive Content and/or terminate a user’s ability to use content in violation of these Terms of Use.

Privacy and protection of personal information

Yokee respects the privacy of others. Any information that you provide to Yokee through the Service is subject to Yokee’s Privacy Policy which can be found at http://www.yokee.tv/privacy/ and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy

Infringement notices and counter-notices

1. A. Infringement Notice
   It is our policy to respond to clear notices of alleged copyright infringement. This page outlines the information required to submit these notices and allows online submission for the fastest response. Yokee is not responsible for the content of external websites. All video content on the Service is hosted by YouTube. Yokee does not host any videos. If the video is not hosted by Yokee, the most effective way of protecting your rights is to seek removal from the host that is responsible for the content. This in turn will remove the content from the Service. If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing: 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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Yokee to locate the material; Information reasonably sufficient to permit Yokee to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to the US Digital Millennium Copyright Act 1998 Yokee’s designated agent for notice of alleged copyright infringement (“Copyright Agent”) appearing on the site is: Company: Yokee Music LTD Email: support@yokee.tv You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.
2. B. Counter-Notice
   If you believe that Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use the content you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Yokee may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Yokee’s sole discretion.

Warranty disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YOKEE EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. YOKEE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR ANY OTHER DEVICE USED TO ACCESS THE SERVICE, OR DATA STORED ON SUCH DEVICE, IS SOLELY YOURS.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL YOKEE (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF YOKEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL YOKEE’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO YOKEE FOR USE OF THE SERVICE, EVEN IF YOKEE HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOKEE MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.

Indemnity

You agree to defend, indemnify and hold harmless Yokee, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Website or Application.

Termination

Yokee may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by deleting the Application from your device and removing the Application from “Your Apps” in the App Center of your Facebook account. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and Yokee may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

Governing law & jurisdiction

Your use of the Website or Application and these Terms of Use shall be governed in all respects by the laws of England, without giving effect to its conflict of laws provisions. You agree that any action brought against Yokee arising out of or relating to the Service or these Terms of Use may be brought exclusively before the competent courts in England.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

General

These Terms of Use and any other legal notices published by Yokee on the Website or Application shall constitute the entire agreement between you and Yokee concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Yokee’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.