Please read these Terms And Condtions and our Privacy Policy carefully before using the Services provided by TunesOnTop, (“TunesOnTop”).
By using the Services, you agree that these Terms and condtions will govern the relationship between you and TunesOnTop. If you do not agree to all the terms and conditions, you must not use our Services or download our software.
Definitions:
Account – Any account created by you to access certain Services provided by TunesOnTop.
IP right – Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
Privacy Policy – TunesOnTop’ policy regarding privacy. The current version can be found at the website link provided.
Service or Services – Any game, website, and other related services provided by TunesOnTop and its affiliates.
Terms of Service or Terms – These terms of service.
OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a TunesOnTop game client, and the TunesOnTop game clients and server software) are owned or licensed by TunesOnTop. TunesOnTop reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
License. Subject to your agreement and continuing compliance with these Terms andConditions and any other relevant TunesOnTop policies, TunesOnTop grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. “Inactive” will be defined by TunesOnTop based on average usage of the Services from other users. You acknowledge that you will not directly or indirectly: Partake in any activity or action that TunesOnTop deems to be against the spirit or intent of the Services. Copy, distribute or reproduce any Service or related content. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or TunesOnTop itself. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person’s use or enjoyment of the Service. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or impersonates any other person, including without limitation a TunesOnTop employee. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
Member Benefits:
Limited trials require a persistent internet connection. Free trials, where applicable, allow temporary access to specific Play List titles. Participation may require a payment method. After the free trial period, you will be billed for the selected TunesOnTop Play membership fee on a monthly, annual, or other time period basis. You can cancel during the trial period without being charged. Some trials may be limited to one per TunesOnTop Account per game across multiple Platform memberships. If your TunesOnTop Play subscription or any trial ends, you will lose access to the membership benefits, including Play List titles, game upgrades, or in-game purchases made in a Play List title, unless you have separate access to that Play List title for the applicable Platform. Recurring rewards are offered by title and require an active TunesOnTop Play subscription and a game installed from The Play List on the last day of the month for the next recurring reward to be available in-game the following month. Content benefits are not guaranteed, and may be changed, added, or removed at any time.
ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
This section of the agreement pertains to the rules surrounding account access and assignment. It states that users must be at least 18 years old and legally competent to agree to the terms of the agreement on their own behalf. If the user is between the ages of 13 and 17, they may use the Services with the permission of a parent or legal guardian who agrees to take responsibility for the minor’s actions.
Each account may only be used by one person, and any attempt to transfer account rights or obligations is not permitted. However, if a parent or legal guardian allows a minor to use their account, they may do so provided that they acknowledge and accept responsibility for the minor’s actions and agree to indemnify the company for any damages incurred as a result of the minor’s actions.
Finally, the agreement clarifies that the company will not be held liable for any damages resulting from the actions of a minor who has been given access to an account by a parent or legal guardian.
SERVICE AND AVAILABILITY
1. You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of TunesOnTop, and that TunesOnTop cannot and does not guarantee you will be able to use the Services whenever you wish to do so. Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So, these limitations/exclusions may not apply to you if you reside in one of those states or countries.
INDEMNITY
You agree to defend, indemnify, and hold harmless TunesOnTop, any third parties under agreement with TunesOnTop, any parent, subsidiary, or affiliate of TunesOnTop, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director, or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses, or expenses (including but not limited to attorneys’ fees and costs) that arise under, from, or in any way, directly or indirectly, relate to: Your failure to comply with any provision of this agreement; Your use of the Services, including but not limited to economic, physical, emotional, psychological, or privacy-related considerations; and Your actions to knowingly access the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit, or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
You acknowledge and further agree that TunesOnTop has no obligation to defend, indemnify, or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
