TouchTunes Rewards Program Terms and Conditions

TouchTunes Rewards (the “Program”) is a free rewards program offered by TouchTunes Music Company, LLC (and when applicable, its affiliated entities) (such entities, collectively, “TouchTunes”) on the terms and conditions set forth in this agreement (the “Agreement”).

 

This version of the Agreement is effective as of April 17, 2025.

 

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE PROGRAM. UPON YOUR CREATION OF A TOUCHTUNES MOBILE APP USER ACCOUNT (“TOUCHTUNES USER ACCOUNT”) (OR, IF LATER, THE LAUNCH OF THE PROGRAM), WE AUTOMATICALLY ENROLL YOU IN THE PROGRAM. BY USING (OR, WHEN APPLICABLE, CONTINUING TO USE) YOUR TOUCHTUNES USER ACCOUNT, YOU AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS GOVERNED BY THIS AGREEMENT.

 

UPON SIGNING UP FOR A TOUCHTUNES USER ACCOUNT, YOU AGREED TO THE TOUCHTUNES TERMS OF SERVICE (UNITED STATES [English] AND CANADA [French]) AND THE TOUCHTUNES PRIVACY POLICY (UNITED STATES AND CANADA), BOTH OF WHICH MAY HAVE BEEN, AND MAY BE IN THE FUTURE, UPDATED FROM TIME TO TIME AND CONTINUE TO APPLY TO YOUR USE OF TOUCHTUNES’S PRODUCTS AND SERVICES.

 

WE MAY, AT ANY TIME AND FROM TIME TO TIME, IN OUR SOLE DISCRETION, CHANGE ANY AND ALL ASPECTS OF THE PROGRAM AND/OR THIS AGREEMENT WITHOUT NOTICE TO YOU. ANY CHANGES TO THE PROGRAM AND/OR THIS AGREEMENT WILL BE EFFECTIVE AS OF THE POSTING OF THE REVISIONS. ANY REVISIONS TO THIS AGREEMENT WILL REPLACE THE PREVIOUS AGREEMENT AT THE TIME OF SUCH POSTING AND WILL BE APPLICABLE TO ALL FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED TRANSACTIONS AROSE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT FROM TIME TO TIME TO KEEP INFORMED OF ANY CHANGES. YOUR CONTINUED USE OF A TOUCHTUNES USER ACCOUNT FOLLOWING ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

 

THIS AGREEMENT REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH TOUCHTUNES REGARDING THE PROGRAM AND WAIVE ANY RIGHT TO BRING CLAIMS AGAINST TOUCHTUNES IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, AND TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

 

  1. PROGRAM OVERVIEW

 

  1. Upon your enrollment in the Program, TouchTunes hereby immediately discontinues, with respect to your participation, all prior loyalty programs that may have existed, with the exception of TouchTunes’ Bar Rewards program. If you were a participant in any such program and had achieved a status level under such program at the time of your enrollment in the Program, you will, until December 31, 2025, participate in the Program at the Level that is most analogous to the status level that you held in the previous program immediately prior to its discontinuance. If you were a participant in any such program, you will also receive credit in the Program for all Plays that you made from January 1, 2025, until the date of your enrollment in the new program, and such Plays will count toward any potential Level that you may achieve in 2025.

     
  2. Program participants can achieve Program status levels (each, a “Level”) by playing songs on a TouchTunes jukebox via a TouchTunes User Account using at least one paid TouchTunes credit (i.e., the TouchTunes-specific credits that you purchase through a TouchTunes User Account) (“TouchTunes Credits”) (or, as determined by TouchTunes, by playing certain other bar games using TouchTunes Credits) (each, a “Play”). Whenever you achieve a new Level in the Program, you will retain that Level for the remainder of the then-current calendar year and the entire next calendar year. For clarity, your Level will expire on December 31 of the next calendar year unless you achieve a sufficient number of Plays during that next calendar year to retain your Level for the year after. Benefits under the Program may vary by Level and one or more Levels may have more or better benefits than others.

     
  3. Program participants also accumulate points (“Points”) through Plays and other qualifying activities as determined by TouchTunes (such Plays and other qualifying activities, together, the “Qualifying Activities”). Points may be redeemed for Program rewards that TouchTunes may choose to make available, at times in connection with third-party partners, from time to time (the “Rewards”). Certain Qualifying Activities and/or Rewards may be made available to only certain Program participants at any given time.

     
  4. You may find the current Levels, Qualifying Activities, and Rewards on our TouchTunes Rewards site[www.touchtunes.com/rewards/players]. TouchTunes may elect, at any time and from time to time, in its sole discretion, the type, timing, availability, and number of all Levels, Qualifying Activities, and Rewards, including without limitation how many Plays are required to achieve a Level, how many Points a Qualifying Activity may earn, and how many Points a Reward may require. TouchTunes may elect to change any of the foregoing at any time and from time to time, in its sole discretion; the then-current version of the Levels, Qualifying Activities, and Rewards posted on the TouchTunes Rewards site will govern and control all award and redemption transactions from the date of posting until the date of replacement by a new version (if any).

 

  1. PROGRAM REQUIREMENTS

 

  1. In order to be eligible for the Program, you must: (i) have a current, valid TouchTunes User Account; (ii) be a natural person; (iii) reside in the United States or Canada; (iv) be at least the age of majority in your state or province of residence; and (v) have the legal capacity to enter into a binding legal agreement.

     
  2. No purchase is necessary in order to join the Program. Making Plays and certain methods of earning Points may require direct or indirect purchases (for example, purchasing or spending TouchTunes Credits).

     
  3. You hereby agree that: (i) you will not use the Program or any component thereof (e.g., Qualifying Activities, Points, Rewards) for any commercial purpose whatsoever (e.g., for sale or barter, or attempt thereof); (ii) you will not infringe upon any intellectual property of TouchTunes (or any third-party partner); (iii) you will not commit any fraudulent act or activity in relation to the Program in any way or in any way attempt to undermine the functioning or fairness of the Program; and (iv) you will not in any way use the Program or any component thereof to harass, threaten, intimidate, bully or discriminate against other(s).

     
  4. TouchTunes may elect, at any time and from time to time, in its sole discretion, to change, alter, or modify any of the Program eligibility and/or participation requirements.

 

  1. EARNING POINTS AND REDEEMING REWARDS

 

  1. While TouchTunes has the right to change, alter, or modify the Qualifying Activities at any time and from time to time, in its sole discretion, song Plays will always be a Qualifying Activity, though the number of Points earned per song Play may vary depending on a number of factors. In the event that TouchTunes, directly or in connection with a third-party partner, offers other types of Plays, challenges, events, sweepstakes, and other special offers as Qualifying Activities, separate terms and conditions may apply.

     
  2. TouchTunes may require that you claim any Points earned through one or more Qualifying Activities within a certain period of time after completing the Qualifying Activity, and if you do not do so, you will forfeit such Points. Points expire on a rolling basis twelve (12) months after the date earned and you will forfeit all unused Points upon such expiration. TouchTunes will make commercially reasonable efforts to apply your Points to your Rewards selections in the order earned.

     
  3. While TouchTunes has the right to change, alter, or modify the Rewards at any time and from time to time, in its sole discretion, you will always be able to redeem your Points for TouchTunes Credits, though the Points-to-TouchTunes Credit ratio may vary depending on a number of factors. In the event that TouchTunes, directly or in connection with a third-party partner, offers tangible goods or experiences as Rewards, and you elect to redeem your Points for one or more such Rewards, we may require that you provide us with additional information necessary to provide you with such Reward (e.g., a mailing address, valid email address, applicable tax information) and you may be subject to additional terms and conditions (e.g., of the third-party partner providing such Reward).

     
  4. Points are not transferable, even in cases of death, divorce, gifts, assignment, or multiple accounts. 

     
  5. Points have no cash value and can be redeemed only for then-currently available Rewards. Rewards have no cash value (unless required by applicable law, rule, regulation, code, statue, ordinance, or order of any governmental or quasi-governmental authority (“Applicable Law”)). TouchTunes’s calculation of Points is final and cannot be challenged. If you believe that we have erroneously awarded you unearned Points, you are required to contact our customer service team promptly to report such error at general@touchtunes.com; use of erroneously credited Points is a violation of this Agreement.

     
  6. You are solely responsible for any applicable international, federal, state, provincial, or local income, sales, use or other taxes arising out of the accrual, redemption or use of Points and/or Rewards.

 

  1. COMMUNICATIONS

 

  1. You can find your available Points balance through your TouchTunes User Account. If you have any questions or concerns, please contact our customer service team at general@touchtunes.com.

     
  2. TouchTunes will send you emails, in-app messages, push notifications, and if you have consented by providing your phone number, text messages regarding the Program, such as limited-time Qualifying Activities and Rewards. You may opt out of these messages by: (i) using the “Unsubscribe” link included in the emails; (ii) modifying your app notification settings on your mobile device; or (iii) replying “STOP” to text messages. Even if you have opted out of such communications, however, as long as your TouchTunes User Account remains active, we may send you necessary emails or app messages regarding the Program, such as confirming your Rewards selections.

     
  3. TouchTunes is not responsible for any lost or misdirected communications or Rewards shipments due to change of address, email address, or for any other reason. You are solely responsible for maintaining up-to-date information in your account.

 

  1. DATA / ACCOUNT USAGE

 

  1. TouchTunes will use your Program information, including without limitation any personally identifiable information that you provide in relation to the Program and/or your TouchTunes User Account, in accordance with our Privacy Policy (United States[www.touchtunes.com/privacy-policy] and Canada[www.touchtunes.com/privacy-policy-canada]). For clarity, TouchTunes may use your data in connection with the Program to, without limitation, provide the Program, personalize Qualifying Activity offers based on user activity and transaction locations, and create Program improvements and enhancements.

     
  2. If you provide feedback in connection with the Program, you hereby grant TouchTunes a perpetual, worldwide, royalty-free, fully paid-up, transferable and sublicensable right to use (including without limitation duplicate and create derivative works from) such feedback for any and all purposes, so long as we do not publicly credit such feedback to you by name.

     
  3. Whenever you submit information to TouchTunes, you represent and warrant that such information is true and correct. To knowingly submit false information is a fraudulent matter and TouchTunes will treat it as such. You may not, for any reason whatsoever, submit any information to TouchTunes that is offensive or otherwise inappropriate (e.g., an email address containing offensive words).

     
  4. You are solely responsible for maintaining the security of your Program information, including without limitation your TouchTunes User Account login information. You are solely responsible for all actions taken in and by your TouchTunes User Account, including without limitation with respect to the Program. You must notify us immediately at general@touchtunes.com if you know or suspect that someone else has accessed your TouchTunes User Account or used your Points in any way.

 

  1. THIRD-PARTY PARTNERS

 

TouchTunes may, at any time and from time to time, in its sole discretion, elect to include third-party providers in the Program (e.g., as providers of Qualifying Activities or Rewards). Such involvement may require that you agree to additional terms and conditions with respect to such involvement (e.g., to participate in a certain Qualifying Activity). All intellectual property (e.g., copyrights, trademarks) owned or licensed by such third-party providers remains the sole and exclusive property of such third-party providers and you shall not, at any time or for any reason, infringe any such rights, all of which are hereby expressly reserved to such third-party providers. TouchTunes will have no liability whatsoever with respect to any withdrawal or reduction in participation by a third-party provider in connection with the Program.

 

  1. PROGRAM TERMINATION / PARTICIPATION TERMINATION

 

  1. In addition to TouchTunes’s right, pursuant to this Agreement, to change, alter, or modify all or any portion(s) of the Program, TouchTunes may terminate the Program in its entirety at any time and in its sole discretion, subject only to any prior notice periods that may be required by Applicable Law in specific jurisdictions.

     
  2. TouchTunes reserves the right to exclude one or more individuals from the Program and/or a TouchTunes User Account, to re-assign a Program Level (including, without limitation, to a lower Level), to remove any or all Points from one or more individuals’ accounts, and/or to cancel one or more redemptions of Points for Rewards, in each case without recompense to you: (i) if you do not make a song Play for at least one hundred eighty (180) consecutive days); (ii) you or TouchTunes has terminated or deleted your TouchTunes User Account; (iii) you have violated this Agreement, the TouchTunes Terms of Service, the TouchTunes Privacy Policy, and/or any other TouchTunes policy applicable to you; (iv) you have violated any Applicable Law in connection with your use of the Program and/or your activities in connection with the Program; or (v) you have terminated your participation in the Program. In addition to, and not in lieu of the foregoing, in the event of a violation of this Agreement, TouchTunes may, upon written request, require that you return or otherwise pay to TouchTunes the value of any Rewards acquired as a result of or in connection with such violation. If TouchTunes suspects that you have violated this Agreement, the TouchTunes Terms of Service, the TouchTunes Privacy Policy, any other TouchTunes policy applicable to you, and/or any Applicable Law, TouchTunes may, in its sole discretion, suspend your Program participation and/or your use of your TouchTunes User Account, pending an investigation and/or audit. If TouchTunes terminates your participation in the Program pursuant to this Agreement, you will not be eligible to participate in the Program thereafter. In addition to all rights and remedies set forth in this Agreement, TouchTunes hereby expressly reserves all rights, remedies and defenses that may be available at law, in equity, under contract, or otherwise.

     
  3. If you wish to terminate your participation in the Program, you must contact us at general@touchtunes.com and request that TouchTunes delete your TouchTunes User Account. Following such deletion, you will have no further access to your account or related information, which, for clarity, will prevent you from using certain TouchTunes’s products, services, and functionalities. 

     
  4. Upon the termination of the Program, or any termination of your participation in the Program for any reason, all Points will immediately expire upon such termination and will be of no further use.

 

  1. INTELLECTUAL PROPERTY

 

“TOUCHTUNES,” “TOUCHTUNES REWARDS,” the PLAY BUTTON logo, and all other TouchTunes marks and logos are the sole and exclusive property of TouchTunes and are protected by Applicable Law pertaining to trademarks. You may not use any such trademarks without TouchTunes’s express prior written consent. All Program text, design, graphics, images, audio and/or video content, proprietary software, and the selection and arrangement of any or all of the foregoing are the sole and exclusive property of TouchTunes and are protected by Applicable Law pertaining to copyrights. You may not use any or all of such copyrighted material without TouchTunes’s express prior written consent. You agree that you will not circumvent, or attempt to circumvent, any technology or other methods used by TouchTunes or its third-party providers to prevent the unauthorized reproduction or distribution of content accessible via the Program. Any other use of such trademarks or copyrighted material is strictly prohibited. TouchTunes hereby expressly reserves all rights in and to all such trademarks and copyrighted material.  

 

  1. WARRANTY DISCLAIMERS

 

YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TouchTunes, to the fullest extent permitted by Applicable Law, hereby disclaims and makes no representations, warranties, endorsements or promises, express or implied, as to the Program; the functioning, operation and availability of the Program; the security of any data that you transmit in connection with the Program; whether or not any TouchTunes product, service, or functionality is free from harmful components (e.g., viruses, Trojan horses, malware); whether the information provided as part of the Program is accurate, useful, timely, or reliable; whether the Program will  be available at any given time; and whether your use of the Program in any applicable jurisdiction is lawful. TOUCHTUNES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-MISAPPROPRIATION. Such disclaimers do not apply to the extent limited or prohibited by Applicable Law in specific jurisdictions.

 

  1. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOUCHTUNES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR RELATING TO ANY CHANGES, ALTERATIONS, OR MODIFICATIONS TO THE PROGRAM OR THIS AGREEMENT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME OR PROFIT; LOSS OF OR DAMAGES TO PROPERTY; AND CLAIMS OF THIRD PARTIES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS ON TOUCHTUNES’S LIABILITY SET FORTH IN THIS AGREEMENT WILL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, AND WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO THIS AGREEMENT, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM TOUCHTUNES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

 

  1. INDEMNIFICATION

 

In exchange for your opportunity to participate in the Program, you agree to indemnify and hold harmless TouchTunes, its directors, managers, owners, members, officers, employees, agents and representatives, and each of their respective successors and assigns (the “Indemnitees”) from and against any and all third-party claims, demands, suits, actions or causes of action (and any and all liabilities, losses, damages, costs and expenses (including without limitation all court, arbitration, and mediation costs and reasonable attorneys’ fees) arising therefrom or relating thereto) (collectively, “Claims”) that arise directly or indirectly from or are related in any way to: (a) your use of the Program and/or your activities in connection with the Program; (b) your breach or anticipatory breach of this Agreement (for clarity, in its then-applicable form); (c) any misrepresentation made by you (e.g., submission of false information); and/or (d) TouchTunes’s use (or any third party’s use as granted by TouchTunes) of the information that you submit as part of the Program. You will cooperate fully as required in the defense of any such Claim. We retain the exclusive right to control the defense of any and all Claims and the right to settle, compromise and/or pay any and all Claims. You will not settle any Claim without the express prior written consent of the General Counsel of TouchTunes.

 

  1. JURISDICTION

 

This Agreement, including without limitation its validity, provisions, and termination (e.g., the rights and duties of the parties following termination), and all claims under or relating to this Agreement whether arising under contract, tort, status, civil law, common law, or otherwise, will be construed in accordance with the laws of the United States and the State of New York and the United States applicable to contracts wholly made and to be performed within the State of New York, without giving effect to its conflict of law or other provisions that would require application of the laws of another jurisdiction. If you are a United States resident, for any Claim allowed to proceed in court, or to enforce this Agreement, you hereby submit to the exclusive jurisdiction of the courts of the State of New York and the federal courts of the United States, in each case that are located in the Borough of Manhattan in the County, City, and State of New York. You hereby waive any objection to venue in such courts, including without limitation the right to dismiss or transfer an action under 28 U.S.C. §§ 1404 or 1406 (or any successor statute). You hereby consent to the in personam jurisdiction of such courts for such purposes.

 

  1. DISPUTE RESOLUTION

 

  1. If you wish to assert a dispute against TouchTunes in connection with the Program, you must commence such dispute by filing for arbitration as set forth in Section 13(c) within one (1) year following the date of the activity that first gave rise to the dispute or it will be forever barred.

     
  2. Prior to commencing any arbitration process (or, if applicable, any litigation or administrative process) as permitted by this Section 13, you must attempt in good faith to resolve any concerns that you have with respect to the Program or its components with us directly by: (i) first contacting us at general@touchtunes.com and attempting to find a mutually acceptable resolution; and (ii) if such attempt is unsuccessful, sending our legal team a written notice at legal@touchtunes.com, with “TouchTunes Consumer Dispute” in the subject line, setting forth a reasonable description of your concern, in reasonable detail, along with your proposed resolution.

     
  3. ALL DISPUTES THAT CANNOT BE RESOLVED AS SET FORTH IN SECTION 13(B) MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. You hereby agree that all disputes related to the Program will be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted in accordance with applicable AAA rules (“AAA Rules”), including without limitation the AAA Consumer Arbitration Rules, as amended by this Agreement. The AAA Rules are available online at adr.org.The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in the Borough of Manhattan in the County, City, and State of New York. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual Claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The payment of arbitration filing, administration and arbitrator fees will be governed by AAA Rules. If the arbitrator determines that any dispute raised pursuant to this Agreement (including without limitation the damages or other relief requested) was frivolous or brought in bad faith, then the other party may seek to recover all arbitration fees, attorneys’ fees and costs incurred in connection with the arbitration. Nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, provincial, or local agencies and, if the law allows, they can seek relief against us for you.

     
  4. YOU HEREBY AGREE THAT YOU MAY BRING CLAIMS AGAINST TOUCHTUNES IN CONNECTION WITH THE PROGRAM AND THIS AGREEMENT IN ONLY YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, A MASS ACTION, REPRESENTATIVE LITIGATION, OR OTHER COLLECTIVE ACTION. NOTHING IN THIS AGREEMENT WILL PREVENT THE PARTIES FROM SETTLING OR RELEASING CLAIMS ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS.

     
  5. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TOUCHTUNES HEREBY WAIVE THE RIGHT TO A JURY TRIAL.

     
  6. Each provision of this Section 13 applies to the maximum extent permitted by law.

     

 

  1. NO THIRD-PARTY BENEFICIARIES

 

Except third-party providers that TouchTunes elects to involve in the Program, this Agreement is for the sole benefit of TouchTunes (and its successors and assigns) and Program participants, and nothing herein, express or implied, will confer upon any third party any legal or equitable right, benefit, or remedy.

 

  1. WAIVERS

 

No failure or delay by TouchTunes in exercising any right or enforcing any obligation will impair or be construed as a waiver of that or any other right or power. All waivers must be in writing.

 

  1. ASSIGNMENT

 

TouchTunes may assign this Agreement at any time in its sole discretion without, unless otherwise required by Applicable Law, providing notice to you. If any Applicable Law gives you rights with respect to your data upon such an assignment or other transfer, your rights pursuant to the TouchTunes Privacy Policy (United States[www.touchtunes.com/privacy-policy] and Canada[www.touchtunes.com/privacy-policy-canada]) will apply.

 

  1. INTERNATIONAL TRADE CONTROLS

 

You are responsible for complying with United States export controls and for any violation of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting the transfer of goods, software, services and technology across borders and the conduct of business with certain countries, governments, entities, and individuals. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) identified on a restricted or denied party list(s) administered by any U.S. government entity with relevant jurisdiction.

 

  1. CALIFORNIA FINANCIAL INCENTIVE / COLORADO BONA FIDE LOYALTY PROGRAM

 

Program may be interpreted as a “financial incentive” program under California law and/or a “bona fide loyalty program” under Colorado law. If applicable, the value of your personal information provided to us is related to the value of the free or discounted products or services, or Rewards or other benefits that you obtain or that are provided as part of the Program, less the expense related to offering those products, services, and benefits to Program participants.

 

  1. SEVERABILITY

 

Except as set forth in Section 13, if any provision included in this Agreement is held to be illegal, invalid, or unenforceable in any applicable jurisdiction(s), then with respect to Program participants in such jurisdiction(s): (a) such provision will be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable (and, for clarity, TouchTunes may unilaterally make such modifications or restrictions); and (b) the remaining provisions will be unimpaired and remain in full force and effect.

 

  1. SURVIVAL

 

All provisions of this Agreement that would logically survive the termination of this Agreement will so survive.

 

  1. INTERPRETATION

 

Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.”  No covenants at law or in equity will be implied or incorporated, all of which are hereby expressly disclaimed. TouchTunes has the sole right to interpret and apply this Agreement.

 

  1. PRIOR VERSIONS

 

Except with respect to TouchTunes’s Bar Rewards program, this Agreement hereby supersedes all previously published TouchTunes loyalty program agreements in their entirety as of the date first noted above and will apply to any pending or future dispute(s) between you and TouchTunes to the fullest extent permitted by Applicable Law.