Introduction
Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Choombox's personalized services for streaming music and other content.
Use of the Choombox Service may be subject to additional terms and conditions presented by Choombox, which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, the Choombox Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Choombox Service or access any Content.
Service Provider
These Terms are between you and Choombox.
Age and eligibility requirements
In order to use the Choombox Service and access any Content, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country, (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to Choombox is true, accurate, and complete, and you agree to keep it that way at all times If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process. If you do not meet the minimum age requirements then Choombox will be unable to register you as a user.
The Choombox Service Provided by Us
Service Limitations and Modifications
We use reasonable care and skill to keep the Choombox Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
The Choombox Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Choombox Service.
Choombox has no obligation to provide any specific content through the Choombox Service, and Choombox or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.
Choombox has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
Your Use of the Choombox Service
Creating a Choombox account
You may need to create a Choombox account to use all or part of the Choombox Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Choombox may reclaim, or require you to change, your username for any reason.
Access to the Choombox Service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Choombox Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Choombox. You agree that you will not redistribute or transfer the Choombox Service or the Content.
Content and Intellectual Property Rights
The content you post on the service
Choombox users may post, upload, or otherwise contribute content to the Choombox Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Choombox Service by users.
You are solely responsible for all User Content that you post
You promise that, with respect to any User Content you post on Choombox, (1) you own or have the right to post such User Content; (2) such User Content, or its use by Choombox pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content by Choombox or any artist, band, label, or other individual or entity without the prior express written consent from Choombox or such individual or entity.
In posting or sharing User Content or other information on the Choombox Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Choombox Service and across the web, so please use caution in posting or sharing on the Choombox Service, and be mindful of your account settings. Choombox is not responsible for what you or others post or share on the Choombox Service.
Monitoring user content
Choombox may, but has no obligation to, monitor or review User Content. Choombox reserves the right to remove or disable access to any User Content for any or no reason. Choombox may take these actions without prior notification to you.
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of the Choombox Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Choombox without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Your Device.
You also grant to us the right (1) to allow the Choombox Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Choombox Service, (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with the Choombox Privacy Policy.
Content experience
In any part of the Choombox Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Choombox's agreements with third parties.
Infringement claims
Choombox respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please contact us.
Problems and Disputes
Suspending and terminating the Choombox Service
These Terms will continue to apply to you until terminated by either you or Choombox. Choombox may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Choombox Service at any time if we believe you have breached any of these Terms, if we stop providing the Choombox Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Choombox terminate these Terms, or if Choombox suspends your access to the Choombox Service, you agree that Choombox shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Choombox will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Choombox Service.
Indemnification
You agree to indemnify and hold Choombox harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Choombox arising out of or related to: (1) your breach of any of these Terms (including any additional Choombox terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Choombox Service; and (4) your violation of any law or the rights of a third party.
About these Terms
Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.
Changes
We may make changes to these Terms (including any additional Choombox terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Choombox Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Choombox terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Choombox Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Choombox Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Choombox, these Terms constitute all the terms and conditions agreed upon between you and Choombox and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Choombox or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Choombox's or the applicable third-party beneficiary's right to do so.
Assignment
Choombox may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.