Terms of Use

These Terms of Use are between Vibe Music Corporation, 8 The Grn Ste A, Dover, DE 19901, USA (Overtune, we or our) and you and govern your use of the Platform.You agree that by accessing the Platform, you have read, understood and agree to be bound by these Terms of Use.You cannot access the Platform if you are under 13 years of age or you are prohibited by law from using our services  

WARRANTIES

You represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You have the legal capacity and you agree to comply with these Terms of Use.
  3. You are not under the age of 13.
  4. If you are a minor that you have received parental permission to use the Platform.
  5. Your use of the Platform will not violate any applicable law or regulation.

REGISTRATION

You agree to keep your username and password confidential.  We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that we are the owner or licensee of all intellectual property rights relating to the Platform including all third party content, all trademarks and any feedback or ideas from you in relation to improvements and new features.  All rights are reserved by us and our licensees and your use of the Platform does not grant you any intellectual property rights.

Prohibited Activities

You may not use the Platform for any purpose other than that for which we make the Platform available.

As a user of the Platform, you agree not to:

  1. Use the Platform to advertise goods or services.
  2. Circumvent, disable, or otherwise interfere with security-related features of the Platform.
  3. Use the Platform for any illegal or immoral purpose.
  4. Trick, defraud, or mislead us or other users.
  5. Attempt to impersonate another person.
  6. Sell or otherwise transfer your profile.
  7. Use any information obtained from the Platform to harass, abuse, or harm another person.
  8. Use the Platform to compete with us.
  9. Decipher, decompile, disassemble, or reverse engineer any of our software.
  10. Upload or transmit viruses, trojan horses, or other malware.
  11. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
  12. Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory.

UPLOADING CONTENT

Content means anything that you share on the Platform including any audio content, video content, comments or messages.

When you upload Content to the Platform you represent and warrant that:

  1. The Content is not defamatory, indecent, illegal or fraudulent and does not breach the Intellectual Property Rights of any third party.
  2. You have the written permission of every identifiable person in your Content to upload content relating to them on the Platform.

You confirm that all Intellectual Property Rights in the Content is owned by you and give us a worldwide, perpetual, transferable, sub-licensable, royalty free licence to use the Content on the Platform, create derivative works and to distribute your Content on third party platforms.  You waive all moral rights that may exist in the Content.

We may remove or edit any Content for any reason.

If you would like us to stop using the Content then you can simply delete it from the Platform.

INDEMNITY

You shall defend, indemnify and hold harmless Overtune against any claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Platform and the Content.

SOCIAL MEDIA

You may link your Overtune account with online accounts you have with third party service providers.  You are responsible for ensuring that you do not breach the terms of use of such third party service providers and you warrant that you are entitled to grant us access to them.

We may access, make available, and store any content that you have stored in your third party accounts that are linked to us so that we can make that content available on the Platform.

Depending on the third party accounts you link and subject to your privacy settings, personally identifiable information that you post to your third party accounts may be available through your account on the Platform.

You have the ability to disable the connection between your account on the Platform and your third party accounts at any time.

You acknowledge and agree that we may access your email address book associated with a third party account and your contacts list stored on your mobile device or tablet computer for the purposes of identifying and informing you of those contacts who have also registered to use the Platform.

THIRD-PARTY CONTENT

The Platform contains content uploaded by third parties and links to third party apps or websites.  This content may be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful.  Overtune does not review content provided by other users and is not responsible for the content, however we reserve the right to remove or edit any content at any time without notice.

You are responsible for deciding if you want to access third party sites that link from the Platform. Third party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not.  Overtune is not responsible for third party sites and you should use them at your own risk.

We respect the intellectual property rights of others. If you believe that any material available on the Platform infringes any copyright you own or that your Content has been removed unfairly, please notify us by clicking here.

‍TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Platform. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

DISCLAIMER

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES IS AT YOUR SOLE RISK.  EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER OVERTUNE OR ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON - INFRINGEMENT.

Overtune cannot guarantee the continuous, uninterrupted or error-free operability of the Platform or that it will be free from viruses. There may be times when some or all features of the Platform become unavailable or are modified, suspended or withdrawn by Overtune.  

LIMITATION OF LIABILITY

Nothing in this Agreement excludes Overtune’ s liability to you for death or personal injury caused by Overtune’ s negligence or for fraud or fraudulent misrepresentation.

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit (including by way of example and without limitation, loss of profit a result of your advert not showing on a search engine), loss of revenue, contracts, data, goodwill or other similar losses, arising under or in connection with your use of the Platform.

Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Use shall be limited to the higher of (a) the total amount paid by you to Overtune during the 12 months immediately preceding the date on which the claim arose or (b) USD $100.

DATA PROTECTION

We care about data privacy and security.  The management and use of all data is governed by our Privacy Policy.

Overtune shall own all data and may use it for any purpose set out in our Privacy Policy notwithstanding the termination of this Agreement for any reason.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

MISCELLANEOUS

We may revise these Terms of Use from time to time.  The most current version will always be posted on our website.  We will notify you through the Platform of any material changes.  You will be deemed to have accepted the latest version by your continued use of the Platform.

These Terms of Use constitute the entire agreement between us.

We agree to attempt to resolve any dispute under these Terms of Use amicably and promptly.  If you have any complaints or questions please contact us by clicking here.

You may not assign or transfer any rights or obligations under these Terms of Use without our written consent.  We may assign this Agreement or any rights or obligations under this Agreement to any third party.

Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.

If we fail to enforce, or delay in enforcing, any of our rights under these terms, that does not result in a waiver of our rights.

No terms are enforceable by a person who is not a party to this Agreement.

This Agreement is governed by the laws of the State of Delaware and subject to the non-exclusive jurisdiction of the Delaware courts.

Last updated: 23 June 2022