Published: May 21, 2014.
Revised: July 19, 2017
These Terms and Conditions (“Terms”) apply to users’ (“your”) access to, and participation in, the TouchTunes Bartender Loyalty Program (the “Program”). The TouchTunes Bartender Loyalty Program is operated by TouchTunes Music Corporation, its subsidiaries, licensees, and affiliated companies (collectively, “TouchTunes”), in the United States of America and Canada.
We may change the Terms or modify any features of the Program at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link at the bottom of the Programs’ home page. If you continue to use the Program after changes are posted you will be deemed to have accepted the change.
Membership in the Program is restricted to individuals 18 years or older who (i) have an active account with one of the TouchTunes services, and (ii) are either an owner of, or employee in establishments which have a TouchTunes jukebox. Each individual is limited to one membership.
To enroll your TouchTunes account with the Program, you may be required to provide certain supplemental registration information, including your mobile phone number and the name of the establishment where you are employed as a bartender. You are responsible for providing accurate information during the registration process and for updating your TouchTunes account information and registration so that it remains accurate. TouchTunes is not responsible for delivering Rewards (defined below) or other information to you if your TouchTunes account information, including e-mail address, is not accurate.
TouchTunes further reserves the right to terminate, discontinue, modify or cancel the Program at any time and in its sole discretion without notice to you, including if your account has been inactive for more than 180 days or if you cease to be an owner or employee in an establishment that has a TouchTunes jukebox. Account inactivity is measured from the date of your last TouchTunes transaction.
Members of the Program may be eligible to earn Account Credits, Jukebox Credits, priority access to new music requests or other rewards (“Rewards”), such as Account Credits offered through promotions. Rewards accumulated under the program are promotional and have no cash value. Rewards may not be sold, transferred, or assigned to, or shared with family, friends, or others. Rewards will not be refunded. Please review carefully any applicable rules and limitations, including the conditions of earning Rewards and the expiration (if any) of Rewards. Account Credits and other Rewards may expire after a specified period of time. The outstanding balance of Rewards as recorded in your account maintained by TouchTunes will be deemed correct. If you believe that there is an error in your account records, you may email TouchTunes at email@example.com or write to TouchTunes at 850 Third Avenue, New York, NY 10022.
York, NY 10022. Our ability to honor requests for songs or other services that you make through TouchTunes may be affected by a number of factors, including the inherent unreliability of the Internet. We therefore cannot be responsible if a song that you have requested does not play.
5. Compliance with Applicable Laws
As a condition of your access to and use of the Program, you agree that you will not use the Program for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms. The Program is offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Program for any other purpose.
6. Prohibited Conduct
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.
TouchTunes may terminate this agreement for any reason at any time. TouchTunes reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Program, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
8. Limitation of Liability
IN NO EVENT WILL TOUCHTUNES OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROGRAM BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TOUCHTUNES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. In ANY JURISDICTION That DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TOUCHTUNES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless TouchTunes and its officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors from and against all liability, losses, expenses, damages and costs, including attorneys’ fees, incurred as a result of your use of the Program or claims made in connection with such use.
10. Dispute Resolution
In consideration for participating in the Program, you agree that any dispute or claim arising out of the use of the Program or these Terms shall be settled by binding arbitration in New York County, New York, under the American Arbitration Association Rules.
The proceedings shall be conducted and all evidence shall be offered in the English language. Regardless of any law to the contrary, any claim against us must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. We agree that regardless of any law to the contrary, that the arbitrator shall have no authority to award punitive or exemplary damages. We may apply to any court of competent jurisdiction for a temporary restraining order or other interim relief, as necessary without breach of these Terms and without abridgment of the powers of the arbitrator.
By using the Program, you irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens.
11. Governing Law
This Agreement shall be governed by the laws of the United States and New York. By using the Program, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
12. Entire Agreement