GotTunes, Inc. (“gotTunes” or “we”) operates gotTunes.com, which is a social networking platform that allows Music Artist, Disc Jockeys (DJ’s) and Listeners to create a member account to network amongst each other. The primary purpose of gotTunes is to enable music artist the ability to use the “Song Request” to have their music played by DJ’s across the globe at their events. gotTunes enhance DJ’s with the ability to have sell-out event with the “Suggested Events”, enabling Music Artist and Listeners to attend their events (events that find Music Artist and Listeners based on your gotTunes profile). gotTunes also allows the general public (“Listeners”) to create member accounts as well and enjoy new artist music and find events in there area and across the globe using the “Suggested Events” (events and music that find you based on your gotTunes profile).

Definitions

• Song Request (Artist only) – Allows music artist the ability to have their music played at the DJ’s events across the globe.
• Suggested Events (All Users) – Allows music artist, DJ’s and Listeners to find music and events based on their profile.
• Member Account (All Users) - means that you have created an account with gotTunes as a Music Artist, DJ or Listener. All member accounts can create unique personal profiles. All member accounts will have the ability to communicate with Music Artist, DJ’s, and Listeners. Members can communicate through private messages, instant messaging, comment boards, and bulletins.
• Membership (Music Artist only) - gotTunes allows the Music Artist a complimentary membership. This membership allows the Music Artist 30 free “Song Request” per month. Any song requested by an Artist to be played at the DJ’s Event, whether approved or denied, will be deducted one (1) song request point.

All “Song Requests” will be used to request that your music be played at events posted on gotTunes by DJ”s. DJs may approved or deny any song requested by you (artist) and once approved or denied you will be deducted one (1) song request point. If you run out of song request points, you will be prompted to pay for an upgraded membership to be able to proceed with more song request.

Member Plan Subscription

Using the Free and/or Deluxe Membership Plan Subscription, your “Song Request” will reset every month whether the songs are requested or not.

As a gotTunes Member, you are solely responsible for your actions with all gotTunes Members. gotTunes will not become involved with disputes between Music Artist and DJs at no obligation. gotTunes is not responsible for DJ not playing Artist songs after DJ has agreed to play song.
This Terms of Use Agreement may be updated frequently. This Agreement states the legal binding terms for members and applies to the use of gotTunes (“Agreement”). By using gotTunes services whether you are a Visitor (which means that you browse gotTunes without creating an account) or Member (which means that you have created an account with gotTunes as a Music Artist, DJ or Listener), you agree to be bounded by this agreement. The term “User” refers to a visitor or member. Visitors are allowed to use gotTunes to browse members however visitors do not have the authority to use gotTunes services. All members must abide by the applicable laws, rules and regulations (“Applicable Law”) and the terms of agreement. In addition, in consideration for becoming a member and/or making use of the gotTunes services, you must indicate your acceptance of this Agreement during the registration process.


1. Eligibility. You are eligible to become a gotTunes member if you meet the following criteria’s; (a) 18 years of age or older (b) must have an email address (c) must create a password (d) must accept the gotTunes Terms of Use Agreement during registration.


2. Termination. You may delete and or terminated your Member Account at any time you wish by following the instruction on the account settings page. You may delete and/or terminated your Membership Plan Subscription at any time you wish by following the instruction on the account settings page.

3. Involuntary Termination – gotTunes may delete or terminated your Member Account at any time, for any reason, with no discretion prior or after, with or without prior notice or explanation, and without liability. Furthermore, GotTunes reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the gotTunes services at any time, for any or no reason, with or without prior notice or explanation, and without liability

4. Password. On signup you are requested to create a password. You the member are entirely responsible for the password. Do not disclose your password to any third party, or use another Members password.


5. Proprietary Rights in Content on GotTunes.

5.1 gotTunes does not claim the legal rights to text, images, photos, videos, sounds, musical works, works of authorship or any other materials (collectively, “Content”) that you the member submits, displays or publishes (“post”)
5.2 gotTunes is royalty-free, meaning gotTunes is not required to pay you or anyone else for the use of gotTunes.
5.3 You agree to any content posted by you is owned by you, and all content posted by you may not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
5.4 gotTunes may limit storage capacity of Content that you post or have stored on gotTunes.

6. Content Posted. gotTunes is not responsible for any content posted by our Members. Your gotTunes profile and content posted by you may not include any form of Prohibited Content, outlined in Section 7 below. gotTunes may delete any content or post without your discretion. If you are aware of any abuse of gotTunes services please click on the “Report Abuse” link or report it to abuse@gottunes.com.

6.1 In the event of inappropriate, offensive or illegal content is posted, gotTunes may delete any content or post without your discretion at any time. gotTunes may also delete Member Entirely.
6.2 You the Member are entirely responsible for all content you Post.

7. Content/Activity Prohibited. Below is the kind of Content that is illegal and prohibited to post with gotTunes services. gotTunes may investigate, terminate and fine up to $1000 to any Member that violates any of the below terms:

7.1 any offensive material that represents racism, hatred or any harm to any kind of group or individual person;
7.2 harassment or threats of any kind to any individual;
7.3 content containing nudity, excessive violence or links to adult websites;
7.4 exposing information that may create security risks for another individual;
7.5 promoting information that is false threatening or offensive;
7.6 promoting illegally other copyrighted work, such as music, graphics, programs, or links to them;
7.7 sending mass mailing, “junk mail” otherwise know as “spamming,” or “spamming”;
7.8 posting content that is restricted or password only access pages;
7.9 criminal activity promoting or creating computer viruses;
7.10 promoting or soliciting passwords or identity information for commercial or unlawful purposes from other Members;
7.11 soliciting sales without written consent from gotTunes;
7.12 posting content that includes photography or video of another individual without their written consent;
7.13 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
Below are types of activity that is illegal or prohibited on gotTunes website. gotTunes may terminate, investigate or report Member to law enforcement in gotTunes sole discretion. Prohibited activities include, but is not limited to:
7.14 any criminal activity, including but not limited to child pornography, fraud, scamming, trafficking, drug dealing, gambling, stalking, sending of viruses or other harmful files;
7.15 attempting, encouraging, or assisting any other person to modify or circumvent any security, technology, or software that is a part of GotTunes Services;
7.16 any act or promoting of payola or violating the rules of the FCC;
7.17 Members covering any advertisement banners on Member profile pages using HTML/CSS;
7.18 automated use of GotTunes, such as, but not limited to, commenting, messages, bulletins, or blogs;
7.19 impersonating or attempting to impersonate gotTunes or any of gotTunes staff, another gotTunes Member;
7.20 using account username and password for another gotTunes Member, or giving account Username and password to any 3rd party company;
7.21 using or distributing any Members information obtained from gotTunes Services to harass, abuse, or harm another person or entity;
7.22 posting unauthorized commercial advertisement unrelated to your music, if Buyer, on your profile;
7.23 relaying email from a third party's mail servers without the permission of that third party;
7.24 using the gotTunes Services in a manner that is prohibited by any and all Applicable Law.

8. Protecting Copyrights and Other Intellectual Property. gotTunes will terminate and delete any content posted by gotTunes Members that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. gotTunes respects the property of others.
If your copyrighted work has been copied and posted on GotTunes.com that is copyright infringement, please notify gotTune’s immediately. Follow the instructions and provide the following information to notify gotTunes: (a) provide a list of the identification of the copyrighted work claimed to have been infringed; (b) information regarding where gotTunes can find infringed material on gotTunes Website (provide URL); (c) provide your contact information such as email, telephone number, and address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) send information with subject: “Copyright Agent for notification of claimed infringement”, sent either by email to copyrightagent@gotTunes.com or send by mail to: gotTunes, Inc., PO Box 3434, Antioch, CA 94531.

9. Member Disputes. As a gotTunes Member you are solely responsible for your actions with all gotTunes Members. gotTunes will not become involved with disputes between Members at no obligation.

10. Privacy. As a gotTunes Member you take full liability for all your Private information such as credit card information, billing information and identity for your account, gotTunes is not liable for your privacy.

11. Disclaimers. gotTunes is not responsible and makes no warranties, for the actions of its Members. Content Posted on gotTunes does not reflect gotTunes or gotTunes opinions. gotTunes is not responsible for such things, but not limited to DJ not playing Artist songs after DJ has agreed to play song, unauthorized Users using Members account, damaged, injury, or loss caused by Members of gotTunes. gotTunes is not responsible for any verbal abuse, content, opinions or inappropriate content posted on gotTunes website. gotTunes Services may contain links to other websites or services. gotTunes is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by gotTunes. When accessing these third part links you do so at your own risk.

12. Limitation on Liability. IN NO EVENT SHALL GOTTUNES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE GOTTUNES SERVICES, EVEN IF GOTTUNES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOTTUNES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOTTUNES FOR THE GOTTUNES SERVICES DURING THE TERM OF MEMBERSHIP.

13. Disputes. For any dispute arising with gotTunes must be disputed and resolved within the courts California. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.


14. Indemnity. You agree to indemnify and hold gotTunes, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the gotTunes Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the gotTunes services.


15. Other. This Agreement is accepted upon your use of the gotTunes Website or any of the gotTunes Services and is further affirmed by you becoming a Member. Your agreement with gotTunes will always include this Agreement at a minimum. Your access and use of certain gotTunes Services will require you to accept additional terms and conditions applicable to such certain gotTunes Services, in addition to this Agreement, and may require you to download Software or Content. The failure of gotTunes to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. gotTunes is a trademark of gotTunes, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.