The Terms of Service "TOS" is a legal agreement between you and kikaxemusic.com. In the event that the user of a mobile application or other online service is required to agree to a
in order to use, access and/or download such application or other online service, the Other Governing Agreement, and not this TOS, will govern the use of the applicable
mobile application or online service.
Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified TOS, you must stop using the Website and/or Services.
The updated TOS will take effect after its posting and will apply only on a going-forward basis, unless othewise provided in a notice to you.
Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
In order to register for the registration-only areas of the Website or Services, if any, you must provide certain information about yourself. You must be at least thirteen 13 years of age
or older to register for and receive certain membership benefits, except residents of California must be at least eighteen 18 years of age or older to register for and receive certain
membership benefits. By registering, you acknowledge and agree that you are over thirteen 13 years of age, or at least eighteen 18 years of age if a resident of California, and that the
information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change.
During the registration process, you must select a user name and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that
you will not allow others to use your account and that you are fully responsible for all activities that occur under your user name. You agree to notify kikaxemusic.com immediately in the
event of unauthorized use of your password or account, or of any other breach of security relating to your account. We are nt liable for any loss or damage resulting from your failure to
maintain the confidentiality of your account as provided herein. kikaxemusic.com may assume that any communications we receives under your password have been made by you.
The Services may offer you opportunities to vote in connection with certain events, enter contests and sweepstakes, and make purchases.
By participating in any such activities, you signify your agreement to all special terms set forth on or through Services applicable to the particular event,
contest or sweepstakes, as well as the terms of this TOS. In the event of a conflict between such special terms and this TOS, this TOS applies.
The Services may enable its registered users to submit, post, upload, or otherwise make available through the Services collectively, "post" content such as video clips,
photographs, public messages, ideas, comments and other content collectively, "User Content" that may or may not be viewable by other users.
You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated.
You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights.
When you submit User Content on or through your use of any of the Services, you grant kikaxemusic.com an irrevocable, royalty-free, license to use, copy, distribute, reproduce, modify,
edit, adapt, publicly perform, publicly display, translate, create derivative works from, and publish such User Content, in whole or in part,
in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services
and derivative works thereof in any media formats and through any media channels.
You acknowledge and agree that your user name may be associated with any User Content that you post. You represent and warrant to kikaxemusic.com that you own or otherwise control
all rights to any User Content you post on or through the Services. You agree that you will indemnify, defend, and hold harmless kikaxemusic.com for all claims resulting from User Content you post.
We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
You further acknowledge and agree that kikaxemusic.com reserves the right but does not assume the obligation in its sole discretion to reject, move, edit or remove any User Content that
is contributed to the Services. Without limiting the foregoing, we shall have the right to remove any User Content that violates the TOS or is otherwise objectionable.
You acknowledge and agree that kikaxemusic.com does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of
User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that
you may consider offensive or objectionable. You also acknowledge that kikaxemusic.com is a provider of an interactive computing service and expressly reserves its rights to not be treated
as the publisher or speaker of any information provided by another information content provider on or through the Services.
Furthermore, you acknowledge and agree that if Services provide you with an opportunity to interact with a third party’s service, e.g., Facebook, you agree to abide by that third party's
CODE OF CONDUCT
When submitting User Content on or through your use of any of the Services, you agree that you will not:
• Post or otherwise provide User Content that harasses, abuses, or threatens any other person, or that contains obscene content;
• Post User Content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• Post User Content that is unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy;
• Post material that advocates illegal activity or discusses illegal activities with the intent to commit them in either case as determined by kikaxemusic.com in its sole discretion;
• Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed
to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including without limitation any time bomb, virus,
software lock, worm, self destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code;
• Post or do anything that could disable, overburden, or impair the proper working of the Services;
• Post material that impedes or otherwise prohibits communication; disrupts the discussion including, without limitation, using fan names in topical boards that are offensive to the topic,
the team, the sport and/or its fans, and repeatedly posting off-topic messages in a topical message board;
• Post, utilize or otherwise make available any other party's intellectual property unless you have the right to do so, whether through an assignment of rights, use waiver,
license, fair-use exception, or under generally accepted news practices;
• Post any trade secrets or other confidential or proprietary information, or post any material that you do not have a right to make available under any law or under contractual
or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or
under non-disclosure agreements;
• Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
• Through misrepresentation or otherwise, solicit personal or sensitive information from other users such as address, credit card or financial account information, or passwords;
• Post spam or other advertisements or solicitations, promote commercial entities, or otherwise engage in commercial activity on or through the Services; and/or
kikaxemusic.com reserves the right, in its sole and absolute discretion, to remove any User Content and/or cancel the account of any user.
You agree that kikaxemusic.com may, in its sole and absolute discretion and without notice or liability to you or any third party, terminate your account.
Grounds for such termination shall include, but not be limited to, a breaches or violations of the TOS including, without limitation, the Code of Conduct or other agreements and/or
guidelines, b requests by law enforcement or government agencies, c discontinuance or material modification of the Services or any part thereof, d unexpected technical or security
issues or problems, e extended periods of inactivity and/or f to protect the rights, property or safety of kikaxemusic.com, its agents and affiliates, its users and the public.
Termination of your account may include removal of access to all offerings requiring registration and, at kikaxemusic.com sole discretion, the deletion of your account and/or User Content.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that kikaxemusic.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of
such advertisers on or through the Services.
The Services may provide links to third-party websites or resources, such as those that sell tickets. Because we have no control over such sites and resources, you acknowledge and agree
that kikaxemusic.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for
1 any content, advertising, products, or other materials on or available from such sites or resources, 2 any errors or omissions in these websites or resources, or 3 any information
handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that kikaxemusic.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources.
OUR PROPRIETARY RIGHTS
The Services are owned and operated by kikaxemusic.com and contain material which is protected by international treaty provisions, trademarks, service marks and other intellectual laws.
You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services
You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by kikaxemusic.com and others through the application of methods and standards of
judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of kikaxemusic.com and such others.
You agree to protect the proprietary rights of kikaxemusic.com and all others having rights in the Services during and after the term of this TOS and to comply with all reasonable written
requests made by us or our suppliers and licensors of content or otherwise “Suppliers” to protect their and others’ contractual, statutory, and common law rights in the Services.
You agree to notify kikaxemusic.com immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe
upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks,
know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations
relating to the Services shall, as between you and kikaxemusic.com, at all times be and remain the sole and exclusive property of kikaxemusic.com.
You may not use any trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or,
except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in or to any such items.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Services, including content, code and software
collectively, "Material" unless specifically granted written permission to do so by kikaxemusic.com. Our material may include inaccuracies or typographical errors.
kikaxemusic.com has the right but not the obligation to make changes and updates to any Material without prior notice.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. kikaxemusic.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM kikaxemusic.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
4. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. CONSULT WITH YOUR DOCTOR REGARDING ALL ISSUES RELATING TO THE PREVENTION, DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL kikaxemusic.com BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: 1 THE USE OF, OR THE INABILITY TO USE, THE SERVICES; 2 THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; 3 UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; 4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR 5 ANY OTHER MATTER RELATING TO THE SERVICES.
You acknowledge, consent, and agree that kikaxemusic.com may access, preserve, and disclose your account information and/or any User Content you submit or make available for inclusion on the Services,
the following reasons: 1 to comply with legal process; 2 to enforce this TOS; 3 to respond to claims that any content violates the rights of third parties;
4 to protect the rights, property, or personal safety of kikaxemusic.com, its agents and affiliates, its users, and the public; or 5 to address your requests.
Entire Agreement. The TOS constitutes the entire agreement between you and kikaxemusic.com with respect to the Website and Services and supersedes any prior agreements, oral or written,
between you and kikaxemusic.com.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website,
Services and/or the TOS must be filed within one 1 year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.