TERMS OF SERVICE

It enters into force on August 30, 2021

By visiting, accessing, or using PEERTRACKS, you confirm that you have the right, authority, and ability to enter into this Agreement, that you have read and understand the Agreement, and that YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION AND THE PROVISIONS REGARDING THE APPLICABLE LAW. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. INTRODUCTION

This document (the “Terms”) along with the applicable Privacy Policy (collectively, the “Agreement”) outlines the terms and conditions governing your visits, access, and use of PEERTRACKS music services by you, the end user (“you”). The term “you” includes additional registered users, visitors, and other persons who access or use the Services. 

 

The “Services” refer to the PEERTRACKS brand music service, mobile and device applications, and all services provided by PEERTRACKS, its affiliates, providers, or third-party contractors. This may include websites and applications for desktops, tablets, mobile devices, and other platforms. The Services may also allow you to edit certain Service Content that is specifically authorized for such use (the “Editable Content”) and User Content (as defined in section 9), and save such Editable Content and User Content to your own playlist without the ability to share, distribute, publicly perform, or publicly display such Editable Content and User Content (the “Editing Functionality”). Each instance of Editable Content or Edited User Content will be considered a “Remix” by this document. 

 

PEERTRACKS (“we,” “us,” or “our”) provides the Services. You can reach us at the following address: 

 

White Summers Caffee & James LLP – Customer Service

805 SW Broadway, Suite 2440, Portland, OR 97205

Email: support@peertracks.com 

 

The current Agreement will appear on our website with the effective date of the most recent update. PEERTRACKS, in its sole discretion, may modify the Agreement. When material changes are made, we will provide notice, such as by sending you an email. Your continued use of the Services after the changes are implemented will constitute your acceptance of the changes. If you do not agree with the updated Agreement, you may terminate the Agreement by contacting us at support@peertracks.com.

2. PREREQUISITES TO ACCESS THE SERVICE

You need Internet access to use the Services, and any costs associated with such access will be your responsibility. This applies when you use the Services on mobile phones, tablets, or other personal devices with an Internet connection. If you use the Services on a mobile phone, you should familiarize yourself with the applicable data transfer costs for your mobile phone plan. PEERTRACKS is not responsible for data transfer costs incurred when using the Services. We cannot guarantee that the Services will work on all devices. Visit https://support.peertracks.com/hc/en-us/articles/115005872445-System-Requirements to learn more about our compatibility specifications. You are responsible for ensuring that you meet the relevant system requirements. PEERTRACKS accepts no responsibility for lack of functionality due to your equipment (including device, Internet connection, operating system, settings, or software). Access to the Services, in whole or in part, may be restricted at times for maintenance or upgrade tasks. By using the Services, you confirm that you accept these Terms and agree that: You are 18 years of age or older, or; You are between 13 and 17 years old and have the express permission of a parent or guardian. If you are under 13, you are not permitted to use the Services or provide personally identifiable information to PEERTRACKS. The Service requires you to register and create an account. You agree to: Provide current, accurate, and complete information during registration. Maintain and promptly update such information as needed. Maintain the security of your password and identification. Be fully responsible for all use of your account and any actions that take place with your account. PEERTRACKS reserves the right to suspend or delete your account if it reasonably believes a breach of security has occurred or the account has been used in violation of the Agreement

3. PURCHASE, PRICE INFORMATION, PAYMENT TERMS, RIGHT OF CANCELLATION AND REFUND POLICY

To request a subscription to the Services or to make a purchase in connection with the Services, you must: Be 18 years of age or; Be between 13 and 17 years of age and have the express permission of a parent or guardian. (a) Subscription: Some aspects of the Services may require you to purchase a subscription for a specified period. Your subscription will automatically renew unless you cancel. You may cancel your subscription as outlined in Section 3(g). (b) Payment methods: You must provide PEERTRACKS with a current, valid payment method. All Subscription purchases are subject to this Agreement and any additional terms imposed by your financial service provider or mobile service provider. (c) Billing cycle: Subscription charges are billed automatically at the start of each billing period, either as a lump sum or in installments as specified during registration. (d) Automatic renewal: Subscriptions automatically renew unless canceled. You agree to be billed according to your original subscription terms unless canceled as set forth below. (e) Refund policy: We do not offer refunds unless required by law. (f) Cancellation: To cancel automatic renewal, visit your account settings page and follow the steps to cancel your subscription.

4. SPECIAL OFFERS

If you receive access to the Services as part of a special offer, the terms of that offer will become
part of this Agreement. Special offers will only be valid in the country where they are issued unless
specified otherwise.

5. RESTRICTIONS APPLICABLE TO THE USE OF THE SERVICE

The Services are for personal use only. Use in a public or commercial setting is prohibited. You must
not:
Violate restrictions on Service Content (as defined in Section 8).
Copy or distribute any part of the Service Content.
Assign a username or password to others.
Circumvent technical protections in the Services.

6. APPLICATION LICENSE

PEERTRACKS grants you a non-exclusive, non-transferable, revocable license to use the application
for personal use. You may not transfer, assign, or sublicense your rights under this Agreement.

7. THIRD PARTY APPLICATIONS

The Services may include access to third-party applications. Your use of these applications is
subject to their respective terms. PEERTRACKS is not responsible for third-party content or
services

8. CONTENT RESTRICTIONS

The Services include Service Content (e.g., sound recordings, audiovisual works) owned by
PEERTRACKS or third parties, and are protected by copyright. You are prohibited from:
Copying, distributing, or commercially using Service Content without consent.
Publicly performing Service Content.
Accessing Service Content through unauthorized means.

9. USER CONTENT

You retain ownership of any content you submit to the Services (“User Content”). By submitting
User Content, you grant PEERTRACKS a non-exclusive, royalty-free, perpetual license to store,
display, and distribute your User Content. You confirm that you have the rights to the User Content
and that it does not violate the rights of any third party.

10. PROHIBITED ACTIVITY / CONTENT

You must not submit User Content that:
Encourages racism, violence, or harassment.
Contains nudity or explicit content.
Violates intellectual property rights.
Engages in illegal activities.
Prohibited activities also include:
Hacking, fraud, or transmitting viruses.
Automated use of the system (e.g., using scripts).
Impersonating another person or user.

11. PRESENTATIONS

You should not send confidential or proprietary information to PEERTRACKS. Any submissions will be treated as non-confidential, and PEERTRACKS may use such submissions for any purpose.

12. COPYRIGHT / INTELLECTUAL PROPERTY VIOLATIONS

If you believe your copyright or intellectual property rights have been violated, you may submit a
notice to PEERTRACKS with the following information:
A description of the copyrighted work.
A description of the infringing material’s location.
Your contact details and a statement of good faith belief that the use is unauthorized.
Send your notice to:
PEERTRACKS Copyright Department
White Summers Caffee & James LLP, 805 SW Broadway, Suite 2440, Portland, OR 97205
Email: support@peertracks.com

13. PRIVACY POLICY

The PEERTRACKS Privacy Policy is incorporated into this Agreement by reference

14. THE RIGHTS OF PEERTRACKS

If you fail to make a payment or violate the Agreement, PEERTRACKS may suspend or terminate
your access to the Services. PEERTRACKS may also send you information related to the Services via
email or text message, as detailed in the Privacy Policy.

15. NO WARRANTY / LIMITATION OF LIABILITY

To the extent permitted by law, PEERTRACKS disclaims all warranties related to the Services,
including fitness for a particular purpose. PEERTRACKS will not be liable for any loss or damage
caused by viruses, technical issues, or unauthorized use of the Services. Liability is limited to the
purchase price of the subscription.

16. INDEMNIFICATION

You agree to indemnify and hold harmless PEERTRACKS and its affiliates from any claims or
liabilities arising from your violation of the Agreement or your unauthorized use of the Services

17. TERMINATION

PEERTRACKS may terminate this Agreement and suspend or close your account at any time for
misuse of the Services. You may also terminate the Agreement by canceling your subscription.

18. APPLICABLE LAW

This Agreement is governed by the laws of the State of Texas without regard to its conflict of laws
principles. Disputes will be resolved in courts located in Texas.

19. MISCELLANEOUS PROVISIONS

This Agreement does not create any agency or partnership between you and PEERTRACKS. If a
court finds any provision of this Agreement invalid, the remaining provisions will continue to be in
effect.