Occasionally the Company may, at its discretion, make changes to the Terms and Conditions. Users of the Application will be given timely notice of such changes, and will have the option to accept said changes or decline. It is understood that declining the changes will terminate the Agreement, as well as access to the Application.
The Company may also, as conditions and new developments dictate, make changes and improvements to the Application itself. These changes will in no way change the Terms and Conditions described herein, and agreement to Terms and Conditions is construed to be acceptance of any and all future versions of the Application.
This Agreement grants the User a revocable license to use the Application as defined under the Terms and Conditions. Company has the right to access the processor, bandwidth and storage hardware on your device in order to operate the Application. Other than as set out in this section, the Agreement is not intended to grant rights to anyone except the User and the Company, and in no event shall the Agreement create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
The Company retains ownership of all copies of the Application and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Company trademarks, service marks, trade names, logos, domain names, and any other features of the Took That brand are the sole property of the Company or its licensors. The Agreement does not grant User any rights to use the Company's brand whether for commercial or non-commercial use.
If you have downloaded the Application from the Apple, Inc. (“Apple”) App Store or if you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and the Company only, not with Apple, and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
If you have downloaded the Application from the Google, Inc. ("Google Play") App Store or if you are using the Application on an Android device, you acknowledge that you have read, understood, and agree to the following notice regarding Android. This Agreement is between you and the Company only, not with Google Play, and Google Play is not responsible for the Application and the content thereof. Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Google Play and Google Play will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Google Play has no other warranty obligation whatsoever with respect to the Application. Google Play is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Google Play is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Application. Google Play, and Google Play's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Google Play will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Application may integrate or link to third party applications, websites or services (hereinafter "Third Party Applications"). Such Third Party Applications may have their own terms and conditions of use and privacy policies and User's use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. User understands and agrees that the Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction User may enter into with the provider of any such Third Party Applications.
Application users may post, upload, and/or contribute (“post”) content to the Application (which may include, for example, pictures, text, messages, information, storage, files of any type, playlist compilations, and/or other types of content) (“User Content”).
User hereby stipulates that, with respect to any User Content you post on the Application (1) you have the right to post such User Content, and (2) such User Content, or its use by the Company as contemplated by the Agreement, does not violate the Agreement, applicable law, or the intellectual property (including without limitation) copyright, publicity, personality, or other rights of others, or imply any affiliation with or endorsement of you or your User Content by the Company or any entity or individual without express written consent from such individual or entity.
The Company may, but has no obligation to, monitor, review, or edit User Content. In all cases, the Company reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in the Company's sole discretion, violates the Agreement. The Company may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
User is solely responsible for all User Content posted. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. User agrees that in the event a claim is brought against the Company related to User's Content, then, to the extent permissible by law, User will indemnify and hold the Company harmless from and against all damages, losses and expenses including reasonable attorney's fees and costs arising from such claim.
If the Company is notified by a copyright holder that any User-Generated Content infringes a copyright, the Company may at its discretion take actions, including deleting the disputed intellectual property, without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to the Company with a request to restore the removed content. The decision to restore the Content is entirely at the discretion of the Company. Company will not be held liable for any claims arising from the actions arising from the infringement or alleged infringement, or the Company's response to such infringement or alleged infringement, to the extent allowed by law.
For customer support with account-related questions (“Customer Support Queries”), please contact our customer service department on our website. The Company will do everything it can to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any questions will be responded to within any particular time frame and/or that we will be able to satisfactorily answer all questions or resolve all issues.
The Application and its attendant intellectual property may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
User agrees to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, User agrees not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from the Company under the Agreement to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
It is agreed that the Company provides the Application "as is" and "as available" without any warranty, express or implied. Use of the Application is at the User's risk, and User hereby stipulates that the Company will be held harmless for any and all damages arising from User's use of the Application. To the fullest extent permitted by applicable law, the Company makes no claims of quality or fitness for a particular purpose. The Company does not guarantee that the Application is free of malware or other harmful components. The Company further does not warrant, endorse, guarantee, or assume responsibility for any Third Party Applications (or the content thereof) user content, or any other product or service advertised or offered by a third party on or through the Application or any hyperlinked website, or content featured in any banner or other advertising. User agrees the Company is not liable for any transaction between the User and third party providers of third party applications, products, or services advertised on or through the Application.
As with any purchase of a product or service through any medium or in any environment, User should use caution where appropriate. No advice or information whether oral or in writing obtained by the User from the Company shall create any warranty on behalf of the Company in this regard.
Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. This does not affect your statutory rights as a consumer.
User agrees that, to the extent permitted by applicable law, the ultimate remedy for any problems or dissatisfaction with the Application is to cease use and/or uninstall the Application. While the Company accepts no responsibility for Third Party Applications or the Content thereof, and while User's relationship with such Third Party Applications may be governed by separate agreements with said Third Parties, to the extent permitted by applicable law, your sole and exclusive remedy, with respect to the Company, for any problems or dissatisfaction with Third Party Applications or the content thereof, is to uninstall and/or cease using any such Third Party Applications.
To the fullest extent permitted by law, in no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect) in all cases arising out of the use or inability to use the Application, Third Party Applications, or Third Party Application content, regardless of legal theory, without regard to whether the Company has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Application, Third Party Applications, or Third Party Application content is more than the amounts paid to the Company during the prior twelve months in question, to the extent permissible by applicable law. Nothing in the Agreement removes or limits the Company's liability for fraud, misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
User acknowledges and agrees that the owners of the Application are intended beneficiaries of the Agreements and have the right to enforce the Agreement directly against the User. Other than as set out in this section, the Agreement is not intended to grant rights to anyone except User and the Company, and in no event shall the Agreement create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreement are not subject to the consent of any other person.
Other than as stated in this section or as explicitly agreed upon in writing between User and the Company, the Agreement constitutes all the terms and conditions agreed upon between the User and the Company and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral.
Please note, however, that other aspects of your use of the Application may be governed by additional agreements. That could include, for example, access to the Application as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Except as otherwise stated in the Terms and Conditions, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by the Company or any third party beneficiary to enforce the Terms and Conditions or any provision thereof shall not waive the Company's or the applicable third party beneficiary’s right to do so.
The Company may assign the Agreement or any part of it, and the Company may delegate any of its obligations under the Agreement. User may not assign the Agreement or any part thereof, nor transfer or sub-license any rights under the Agreement, to any third party.
To the fullest extent permitted by applicable law, User agrees to indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) User's breach of this Agreement; (2) any User Content; (3) any activity in which User engages through the Application; and (4) User violation of any law or the rights of a third party.
The Company will not be held liable or otherwise responsible for any content shared within the Application which may be deemed to be unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
In any part of the Application, the Content you receive, view, and/or share with others including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided now or in the future to the Company (e.g. podcasts, other audio or video files etc.) may contain advertising as part of the Content. In such cases, the Company will make such Content available to you unmodified.
The Company reserves the right to terminate access to this Application at any time at its discretion, for cause, or for any other reason. The Terms and Conditions outlined herein shall survive Termination.
The laws of the State of California shall be deemed to govern the use of this Application. Any disputes arising between the Company and Users of the Application shall be adjudicated within the judicial district of the Company's registered physical location.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and TookThat.
Last updated: July 25, 2017