GhettoTunes Terms of Service
This GhettoTunes Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between GhettoTunes.com, Inc. ("GhettoTunes," "we," "us," or "our") and you, our customer ("you" or "your"). This Agreement governs your use of GhettoTunes owned-and-operated websites, applications, and embeddable audio / video players (collectively, the "Services"). This includes our GhettoTunes, GhettoTunes App, and Livestream services. Your use of our Audiofy and Videofy services is governed exclusively by the GhettoTunes Creator Tools Terms of Service Agreement.
Notice: Section 11 of this Agreement contains a mandatory ARBITRATION AGREEMENT for certain privacy claims that you or GhettoTunes could assert. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
By creating an account, playing audio, viewing videos, making a purchase, downloading audios our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Stream and download audios or videos that you have the right to view;
- Upload, store, and/or live stream audios or videos, subject to your plan;
- Embed our embeddable audio or video player on third-party websites; and
- Use all related functionality that we may provide.
Features: The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core audio or video downloading and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.
Unlimited Bandwidth Fair Use Policy: Generally, we do not limit or impose additional fees for bandwidth consumption on Self-Serve accounts (i.e. the data used in order to deliver your audios or videos to listeners/viewers). However, this policy is subject to fair use: If your aggregate bandwidth usage
(across all accounts you control) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice.
For more information on bandwidth and our fair use policy, please see our Bandwidth on GhettoTunes article.
Transactions: We may offer digital goods for sale. Purchases of GhettoTunes On Demand audios or videos are governed by our GhettoTunes On Demand Listener/Viewer Agreement. Purchases of GhettoTunes Stock footage and licenses are governed by our GhettoTunes Stock License Agreement.
Monetization: We may allow you to sell digital goods or earn money through advertising. Your sales of audios/videos are governed by our Seller Addendum. If you are a business established in the European Union and use our “GhettoTunes OTT” platform to offer content to consumers located in the European Union, our EU OTT Seller Addendum applies.
Downloadable Software: We may offer applications for devices ("Apps") directly or through third-party stores. Subject to your compliance with these Terms of Service, GhettoTunes grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device. Apps offered through third-party stores are subject to our Third-Party Service Addendum.
Developer Tools: We may offer application programming interfaces ("APIs") that allow developers to build applications connected to our Services. Our APIs and related documentation are governed by our API License Addendum.
Enterprise Services: We may offer Services pursuant to an individually-negotiated agreement. Enterprise services are governed by our Enterprise Terms.
Third Parties: We may provide links to and integrations with websites or services operated by others. Your use of each such website or service is subject to its terms of service and our Third-Party Service Addendum.
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming audios/videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from GhettoTunes at this email address.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile. If you are a government entity in the Malawi., our Government Entity Addendum applies.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Team Members: Certain subscription plans may allow you to grant other registered users ("team members") access to the account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Acceptable Use Policy
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as audios, videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. GhettoTunes may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. GhettoTunes may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy
4.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send GhettoTunes a takedown notice as stated in our Copyright Policy if they believe GhettoTunes is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
4.2 Content Restrictions
You may not submit any content that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory;
- Is harassing or abusive;
- Contains hateful or discriminatory speech;
- Promotes or supports terror or hate groups;
- Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
- Contains false or misleading information about voting;
- Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
- Violates any applicable law.
Please see the GhettoTunes Guidelines for guidance on how we interpret these terms.
4.3 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute "spam" in any form or use misleading metadata;
- Collect personal information about others;
- Access another's account without permission;
- Use or export any of our services in violation of any Malawi. export control laws;
- Engage in any unlawful activity;
- Embed our audio/video player on or provide links to sites that contain content prohibited by Section 5.2; or
- Cause or encourage others to do any of the above
4.4 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by Malawi: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
4.5 Restricted Users
You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a Malawi. Government embargo or has been designated by the Malawi. Government as a terrorist-supporting country; or (b) listed on any Malawi. Government list of restricted parties.
4.6 Accessibility and Ratings
We provide means to allow you to include closed captioning in your audios/videos. If required by applicable law, you must provide closed captioning in your audios/videos.
We may allow you to filter audios/videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your audios/videos appropriately.
5. Licenses Granted by You
As between you and GhettoTunes, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow GhettoTunes to host and stream your content, you grant GhettoTunes the permissions set forth below.
5.1 Your Video Content
By submitting an audio/video, you grant GhettoTunes permission to:
- Stream the audio/video to end users;
- Embed the audio/video on third-party websites;
- Distribute the audio/video via our APIs
- Make the audio/video available for download;
- Transcode the audio/video (create compressed versions of your audio/video file that are optimized for streaming);
- Generate stills (i.e., "thumbnails") from your audio/video to represent it (if you have not selected one);
- Automatically generate and display closed captions or subtitles from your audio/video; and
- Alter or enhance your video as directed by you.
If you have enabled audio/video privacy setting or disabled downloading or embedding, we will limit distribution of your audio/video pursuant to your selection. By enabling access to your audio/video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your audio/video. For the purposes of this Section 6.1, your audio/video includes its title, description, tags, and other metadata.
The license period begins when you submit the audio/video to GhettoTunes and ends when you or GhettoTunes delete it; provided that GhettoTunes may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the audio/video is the subject of a takedown notice or other legal claim; or (c) when GhettoTunes in good faith believes that it is legally obligated to do so.
5.2 GhettoTunes Create Content
You may submit certain content to us for the purpose of creating an audio/video using GhettoTunes Create. These submissions, and the resulting audio/videos, are governed by our GhettoTunes Create Addendum.
5.3 Account Profile
You grant GhettoTunes permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. GhettoTunes shall have the right to identify public profiles in its marketing and investor materials.
5.4 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 6.1, 6.2, or 6.3 shall be governed by this Section 6.4 (e.g., text you submit in comments). You grant GhettoTunes a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to GhettoTunes on improving our products or services, GhettoTunes may use your suggestions without any compensation to you.
5.5 Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called "moral rights" that you may have. Nothing in this Agreement shall be deemed a license "condition" applicable to GhettoTunes; rather, any breach of a term by GhettoTunes hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
6. Your Obligations
6.1 Representations and Warranties
For each piece of content that you submit to or through GhettoTunes, you represent and warrant that:
- You have the right to submit the content to GhettoTunes and grant the licenses herein;
- GhettoTunes will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- You have obtained appropriate releases (if necessary) from all persons who appear in the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless GhettoTunes and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
7. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan (i.e., free users), (a) GhettoTunes may terminate this Agreement at any time by providing thirty (30) days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.
If you breach this Agreement, GhettoTunes may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If GhettoTunes deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6.4 (Other Content; Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration, and Choice of Law), and Section 12 (General Provisions).
GhettoTunes PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GHETTOTUNES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, GhettoTunes makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- That we will host, make available, or remove any specific piece of content;
- Concerning any content submitted by or actions of our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or any other industry-specific privacy obligations;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
9. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) GHETTOTUNES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF GHETTOTUNES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) GHETTOTUNES'S TOTAL LIABILITY TO YOU, EXCEPT FOR GHETTOTUNES’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GHETTOTUNES OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
10. Disputes, Arbitration, and Choice of Law
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
10.1 Choice of Law
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of Malawi, South africa,New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The arbitration agreement set forth in Section 11.3 will be governed by the Federal Arbitration Act.
10.2 Choice of Venue for Litigation; Jury Trial Waiver
Except for matters that must be arbitrated (as set forth below), you and GhettoTunes agree that any action relating to this Agreement or your use of our Services must be commenced in either the Commercial Division of the Malawi High Court, New York State Supreme Court for New York County or the United States Federal Court for the Southern District of New York; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, GHETTOTUNES AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
10.3 Arbitration of Privacy Claims; Class Action Waiver
The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as modified by our Arbitration Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in Malawi, South Africa, New York County, New York State, United States of America. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and GhettoTunes are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Small Claims Court Exception: Notwithstanding the above, each party has the right to bring an individual Covered Privacy Claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Minimum Consumer Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
11. General Provisions
Reservation of Rights, Severability: GhettoTunes reserves all rights not expressly granted herein. GhettoTunes’s rights and remedies are cumulative. No failure or delay by GhettoTunes in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Force Majeure: GhettoTunes will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within GhettoTunes’s reasonable control, whether or not foreseeable (each a "force majeure event"). In the event of a force majeure event, GhettoTunes shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Relationship: You and GhettoTunes are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by GhettoTunes or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of GhettoTunes. If you have a signed agreement with GhettoTunes, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.
Addenda: This Agreement incorporates the following documents (and no others) by reference:
Notices: You must send any notices of a legal nature to us by email or at:
GhettoTunes.com, Inc. Attention: Legal Department P.O. Box 31640 Chichiri Blantyre 3 Malawi
© Copyright 2023