Thank you for your interest in the service offered by AdittApp LLC (collectively, “AdittApp,” “we,” “our,” or “us”). Our service enables users to earn money by listening to music and advertisements through our mobile application (the “Licensed App”) while driving in certain geographical areas (the “Service”), subject to these Terms of Service. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Service and/or the Licensed App.
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF SERVICE (THE “TERMS OF SERVICE”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US AND APPLY TO YOUR USE OF THE SERVICE AND THE LICENSED APP. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THE SERVICE AND/OR THE LICENSED APP, YOU AGREE AND ACKNOWLEDGE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE OR THE LICENSED APP.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF SERVICE AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING WITH THE LICENSED APP. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. YOUR CONTINUED USE OF THE SERVICE AND/OR THE LICENSED APP FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, AS MODIFIED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICE AND THE LICENSED APP. THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THESE TERMS OF SERVICE REGULARLY.
The Licensed App is available for free download. Subject to your compliance with these Terms of Service, we grant you a non-exclusive, non-transferable, limited license to download, install and use the Licensed App (in object code form) on your personal device solely for accessing and using the Service. Except for the limited license expressly granted herein, you acknowledge and agree that AdittApp will own all right, title and interest in and to the Licensed App and Service, including, without limitation, all intellectual property rights therein. In addition, you specifically agree not to: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Licensed App, or any part thereof; (b) attempt to derive the source code or structure of the Licensed App; (c) sell, rent, lease, distribute, assign, sublicense, convey, transfer, pledge as security or otherwise encumber or transfer (including by loan or gift) the rights and licenses granted hereunder; or (d) remove or alter any of AdittApp’s or its licensors’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings used on or in relation to the Licensed App.
Ours is a free service through which you can earn money while accessing, listening to and enjoying different genres of music made available through the Licensed App. The money is earned only if you listen to the complete advertisement following a song on the Licensed App. No money is earned if you stop the advertisement before it finishes. You acknowledge that the amount of money you earn by listening to the advertisements may be different for different advertisements.
Before using the Licensed App, you must create an account (the “Account”) on the Licensed App. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. You authorize us to use any information you provide us (including your SSN, TIN or EIN) to verify your antecedents and to remit the money that you earn through our Licensed App. You are responsible for maintaining the confidentiality of your account user name and password. You agree to (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and account, whether authorized by you or not.
Any money that you earn through our Service will be remitted to you periodically. The frequency of such payments will be determined by us and may require you to earn a minimum amount before a payment is made. We may use third party providers to remit payments of the money that you earn through our Services. To the extent we use such third party providers to remit payment, you will be responsible for complying with all the terms and conditions of such providers. Such third party providers may require you to set up an account for their services. You agree to provide them: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.
In order to use the Service, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.
Provided that you fully comply with these Terms of Service, we grant you a personal, non-exclusive, non- transferable, revocable, limited right to access and use the Service and Licensed App for your personal and non- commercial use. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Any unauthorized use of the Service and/or the Licensed App will terminate the limited license granted by us and will result in the immediate cancellation of your subscription.
You acknowledge and agree that the Service and the Licensed App use and contain proprietary and confidential technology, information and content owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. All licenses, rights, and interest in, to and with respect to Service and the Licensed App, the elements and parts thereof, and the media of exhibition and exploitation thereof, not specifically granted to you herein shall be and are reserved by and for us or our licensors. The music made available through the Service is copyrighted by our licensors under United States and international copyright laws and may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way. Certain marks, words and logos displayed on the Service and the Licensed App, which may or may not be designated by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks belonging to us or our licensors. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated therewith remains with us or our respective licensors.
DISCLAIMERS OF WARRANTIES
OUR SERVICE, INCLUDING THE LICENSED APP OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON- INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE OR THE LICENSED APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING ANY FEATURES THEREOF, WITHOUT COMPENSATION OR NOTICE TO YOU. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR THE LICENSED APP OR THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO.
LIMITATION OF LIABILITY
You understand and agree that your use of the Service and the Licensed App is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your personal device. IN NO EVENT SHALL WE, OUR LICENSORS OR ANY OF OUR OR THEIR SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, INCLUDING THE LICENSED APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RELEASE AND WAIVER
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our licensors, and each of our respective officers, agents and employees, from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to your use of the Service and/ or the Licensed App. If you are a California resident, you expressly waive your rights under California Civil Code Section 1542 which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Customer acknowledges that any fact relating to any matter covered by this release may be found to be other than now believed to be true and Customer accepts and assumes the risk of such possible differences in fact. In addition, Customer expressly waives and relinquishes any and all rights and benefits which Customer may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or personal information acquired by you or your affiliates from us as a result of your use of the Service or the transactions contemplated hereby, except as necessary for you to perform your obligations, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and/or the Licensed App; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive termination of your subscription.
We reserve the right to terminate or restrict your use of the Service and/or the Licensed App, without notice, for any or no reason whatsoever.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to these Terms of Service. If any dispute relating in any way to these Terms of Service or the policies or your use of the Website shall be submitted to confidential arbitration in Orange County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Service is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Service will remain in full force and effect. These Terms of Service constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.
QUESTIONS AND COMMENTS
If you have any questions, comments or claims relating to these Terms of Service, the Licensed App and/or the Service, you may contact us at the following addresses:
Attention: ADITT Team