Terms of use

Party Tyme Karaoke CD

Terms of Service

PartyTyme.com, owned by Sybersound Records Inc. (also referred to as “we”, “us” or “Company”) provides you access to our services and products through our website located at www.partytyme.com (the “Site”) subject to these Terms of Use. By browsing the public areas of the Site or registering on the Site or purchasing PartyTyme Karaoke CDs or other materials sold through the Site (“Product”), you agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of the Privacy Policy, which are hereby incorporated by reference. If you do not agree to any of these terms and conditions you may not use the Site for any purpose.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and from time to time. It is your responsibility to check periodically for changes to these Terms. Your continued use of the Site or purchase of the Product following the posting of changes to these Terms will mean that you accept and agree to the changes.

These Terms do not authorize you to record (or to distribute recordings of) performances that embody any Product content. The making, distribution or other exploitation by you of any audio or audiovisual recordings embodying any Product content is at your own risk and you hereby represent and warrant that you will not make, distribute or otherwise exploit any audio or audiovisual recordings embodying any Product content (or permit or facilitate any other person to do so).

Content

All content on the Site and related to the Product, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (hereafter also referred to as the “Site Content”), are the proprietary property of the Company or its licensors. You will not modify, adapt, prepare derivative works based on, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, sell or otherwise exploit any Site Content or the Product, in any form or by any means, in whole or in part. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site Content or the Product. You will not upload or republish Site Content or the Product or any part of them on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. You may not use data mining, robots, scraping or similar data gathering or extraction methods in relation to the Site or Site Content. Any use of the Site, the Site Content, or the Product by you other than as specifically authorized in these Terms is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Certain of the content included in the Site Content or Product is licensed by us from third parties. These Terms are designed to comply with the terms of these license agreements and from time to time (in addition to our rights to make changes to these Terms or the Site Content or Product as described elsewhere in these Terms), we may make changes to these Terms or the Site Content or Product in order to comply with our licensors’ requests or otherwise to comply with the applicable license agreements governing the use of such Site Content or Product.

Information you provide

You agree to:

  1. Provide true, current, accurate and complete information as prompted by the registration form.
  2. Maintain and update this information as required to keep it current, complete and accurate.

Please note that any information, data, material or other communication you transmit or post to the Site will be deemed to be non-confidential and non-proprietary. By providing us any information or material, you grant us the unrestricted, irrevocable, perpetual license to use, copy, have used, reproduce, display, modify, have modified, incorporate, sublicense, distribute or otherwise dispose of such information, data, materials and communications. You further agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purposes for all commercial and non-commercial purposes, as more fully set out in the Privacy Policy, located.

There may be links from the Site, or from communications you receive from the Site, to third-party web sites or features. There may also be links to third-party web sites or features in content submitted by other users within the Site. The Site and Product also includes third-party content that we do not control, maintain or endorse.

Retail Purchases

You may make purchases of Product through the Site. If you purchase Product, the following terms and conditions apply.

As consideration for any purchase you make via the Site, you shall pay us all applicable fees and taxes including, but not limited to, sales, use or value-added taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration and/or purchase process for the full payment of the fees and any applicable taxes and you hereby consent to the same. All payments will be charged and made in U.S. dollars. We accept American Express, Discover, MasterCard, Visa and PayPal as methods of payment. You represent and warrant that all information provided by you, including your name, billing address, e-mail address and credit card, debit card, or other account charge authorization information, for your payment method are correct. If you pay by credit or debit card, by designating a card to be billed, you represent and warrant that you are authorized to make a such purchase and that you are the holder of such card. You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your registration information, including without limitation, your sign-in information and password.

Your card issuer agreement or your agreement with PayPal governs your use of any designated credit cards or your PayPal account, and you must refer to those agreements and not these Terms to determine your rights and liabilities as a cardholder. You, and not the Company, are responsible for paying any unauthorized amounts billed to your credit card or PayPal account by a third party. Unless you notify the Company of any discrepancies within thirty (30) days after they first appear on your credit card or PayPal statement, you agree that they will be deemed accepted by you for all purposes. If the Company does not receive payment from your credit card issuer, PayPal or its agents, you agree to pay all amounts due upon demand by Company or its agents.

All purchases are subject to our Return Policy https://www.partytyme.com/faq/ and shipping of all products will be in accordance with our Shipping Policy https://www.partytyme.com/faq/, both of which are hereby included by reference.

Disclaimer

Although it is Company’s intention for the Site to be available as much as possible, there will be times when the Site or delivery of the Product will be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Company reserves the right to remove any Site Content for any reason, without prior notice.

You agree that Company is not responsible for, and does not endorse, Site Content or Product content. Company does not have any obligation to prescreen, monitor, edit, or remove any Site Content or Product content.

THE SITE AND THE PRODUCT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ANY OF ITS EMPLOYEES, SHAREHOLDERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE OR ITS CONTENT; (B) THE PRODUCT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SITE. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER OR OTHER PLATFORMS THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE PRODUCT IS AT YOUR SOLE RISK TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE PRODUCT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

THE COMPANY PARTIES DO NOT ENDORSE SITE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE OR ITS CONTENT (B) THE PRODUCT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE PRODUCT; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR THE PRODUCT; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SITE OR THE PRODUCT; OR (G) ANY DAMAGE TO CUSTOMER’S COMPUTER OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of Company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Company Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Company Parties.

By accessing the Site and/or purchasing the Product, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, if applicable, and any similar law of any state or territory, which provides as follows: “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.”

Company is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You agree to defend (at Company’s request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) your access to or use of the Site and/or the Product; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.

Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the United States of America and of the State of California, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. The Parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.  You agree to resolve any dispute you have with Company exclusively in a state or federal court located in Los Angeles County, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Company’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Company.

You agree that any claim or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no claim or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Entire Agreement

You represent that you are authorized to enter into this agreement. These Terms constitute the entire agreement between you and Company and governs your use of the Site and the Product, superseding any prior agreements between you and Company. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by you without the appropriate prior written consent of Company will be null and void. Company may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.

Territorial Restrictions

The Site and the Product are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site and/or the Product or any portion of the Site and/or the Product, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Company provides.

Software related to or made available by the Site or the Product, if applicable, may be subject to United States export controls. Thus, no software from the Site or included as part of the Product, if applicable, may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Site and/or the Product, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.

Revised October 18, 2016