ACCEPTANCE OF THESE TERMS OF SERVICE
USE OF SERVICES
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.
IMPORTANT: You are solely responsible to arrange and to pay for any service fees associated with your ability to access MyKara as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of MyKara, any equipment, software or other usage that may cause any interference with the Service shall result in immediate disconnection from the Service.
In order to use MyKara as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 16 years of age of you are emancipated minor or have consent of your parent or legal guardian. If you are not at least 16 years of age, unfortunately you cannot use MyKara. Please speak to your parents or guardian about another service that may be appropriate for you.
ACCOUNTS AND INFORMATION
The services made available on 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/Twitter/Google Plus, any further registration is not required and your Facebook/Twitter/Google Plus 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 MyKara immediately of any unauthorized use of your account or any other breach of security. MyKara 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.
Should you violate or breach these Terms of Service, MyKara reserves the right, at its sole discretion and without notice, to suspend or terminate your account, any and all content and information you may have provided and your creating new accounts on MyKara. Even after termination of your account or access to MyKara, provisions 5, 8, 9, 10 and 11 of these Terms of Service shall remain in effect.
A.Your Responsibility for Your Conduct.
You alone are responsible for your conduct on MyKara and for all the content you provide. Content may be provided to and appear on MyKara as text, graphics, images, audio, video, digital files or other format (collectively, “Submissions”). MyKara does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. MyKara expressly disclaims any and all liability in connection with any and all such submissions.
B. Your Responsibility for Your Safety.
If you are 18 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on MyKara, communicate with other member of the MyKara community or otherwise access services provided by MyKara. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on MyKara, communicate with other member of the MyKara community, or otherwise access services provided by MyKara.
C. User Disputes
You are solely responsible for your interaction with other MyKara members. MyKara reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that MyKara, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
MyKara may enable you to add, create, submit, distribute or post certain content, including, without limitation, text, photos, data, graphics and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service. MyKara 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, MyKara 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 MyKara 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 MyKara 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.
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 MyKara 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 MyKara with respect thereto, and you agree to indemnify and hold MyKara, 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.
INTELLECTUAL PROPERTY RIGHTS
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 are owned by or licensed to MyKara, and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge that the Content is provided to you on an AS IS basis for your personal use only and 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 MyKara or the respective owners.
VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS AND TERMS OF SERVICE
Provided with proper notification and documentation, MyKara will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. MyKara assumes no responsibility for monitoring the Service. In the event MyKara chooses to review any Submission (such review is solely within MyKara’s discretion), MyKara assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions. At is sole discretion, MyKara may remove any Submission and/or terminate a member’s account for violating any of these Terms of Services at any time and without notice. MyKara will terminate a member’s account who is determined to have notified of infringing activity multiple times and/or has had a Submission removed from the Service multiple times for infringing activity. MyKara reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Services.
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, MYKARA 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. MYKARA 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 MYKARA (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 MYKARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MYKARA’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 MYKARA FOR USE OF THE SERVICE, EVEN IF MYKARA HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT MYKARA 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.
You agree to defend, indemnify and hold harmless the MyKara group and against any and all claims, damages, obligation, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
If you have any questions, comments or concerns regarding our Terms of Service and/or practices, please send an email to firstname.lastname@example.org