By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site and using the Services to shorten a uniform resource locator (“URL”), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by MSCLVR, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by Playtap from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Playtap reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services or by e-mail. Playtap may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use the Services. MSCLVR may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
While some features of the Service are available to unregistered users, for broader access to the Services you must register with MSCLVR (creating an “Account”). In order to register, you must provide an accurate e-mail address and select a password. You are responsible for updating the accuracy of the e-mail address that you provide to MSCLVR to be associated with your Account.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
The Services allow you to (i) search for a music artist, song, or album on one or more Internet platforms in order to (ii) shorten, track, and configure their uniform resource locators (URLs) to redirect internet traffic to customized designations based upon predefined triggers (i.e geographic location of the Internet user who clicks the URL as determined by Internet Protocol (IP) address and/or the Internet user's device type).
Users that create an Account are able to monitor, view, and share performance statistics for MSCLVR links created and/or managed by the User.
Registered users that apply and meet the MSCLVR Partner Guidelines will be approved for the following features that allow the User to participate in an Apple, Inc. iTunes affiliate marketing program as a sub-account to Playtap Media, LLC:
Global traffic redirection to country-specific iTunes products for optimal affiliate revenue capture
Commission, conversion, and other related data reporting
Affiliate compensation as defined below
Registered Users //who are approved as Partners// agree to participate in the iTunes affiliate marketing program as a client of Playtap Media. The iTunes affiliate marketing program provides commission payments for qualifying purchases made in the iTunes store after a purchaser uses an affiliatized link.
Partners will have no direct relationship with the iTunes affiliate partners via the MSCLVR Services.
Any affiliate fees generated with respect to the client’s iTunes products will be paid first to Playtap Media. Playtap Media will remit affiliate fees to its Partners after deducting Playtap Media’s service costs. The affiliate fees (minus service costs) will be payable to Partners clients within 15 days of receipt of the affiliate fees from the iTunes affiliate partner. Affiliate fees may be remitted prior to receipt from the iTunes affiliate partner upon the Partner's request resulting in an additional service cost that may be displayed on the Partner's account page. Playtap Media reserves the right to modify the affiliate compensation model at any time including, but limited to, if the terms of Playtap Media's agreement with iTunes affiliate partners change.
Users also acknowledge that Playtap Media is not responsible for the actions or inaction of the iTunes affiliate partners or of Apple, Inc. The payment of any and all affiliate fees are subject to the iTunes affiliate agreement and no affiliate revenue will be paid to Users unless and until Playtap Media receives such affiliate revenue from the affiliate partners (except for an additional fee as stated above). Playtap Media is not responsible for any disputes or complaints User may have with respect to the calculation or qualification for affiliate fees. Playtap Media may pass along any User complaints to the affiliate partners, but has no obligation to do so.
Playtap may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You shall defend, indemnify, and hold harmless Playtap, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Playtap reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Playtap in asserting any available defense.
IN NO EVENT SHALL PLAYTAP, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California.
These Terms of Service are the entire agreement between you and Playtap with respect to the Services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Playtap with respect to the Site. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
Playtap shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Playtap’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Playtap’s prior written consent. Playtap may assign, transfer or delegate any of its rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
The failure of Playtap to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, Playtap must provide you with written notice of such waiver, provided by one of its authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact MSCLVR: by e-mail at [email protected]; or on Twitter @msclvr_app.