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Tapedeck Terms of Service

Updated

Last Updated and Effective Date: September 19, 2025

These Terms of Service (“Terms”) explain your rights and obligations in using the Tapedeck websites including but not limited to, https://tapedeck.app (“Websites”) and Tapedeck-branded mobile applications (“Mobile Apps”, and together, the “Tapedeck Services”) of Zedge, Inc., with its address at 1178 Broadway 3rd Floor #1450 New York NY 10001, its subsidiaries, parents, and affiliates (“Zedge”, “we”, “us” and “our”). We refer to our Website visitors and Mobile App users as users (“Users”) of the Tapedeck Services, whether as a guest or registered user. These Terms apply only to the Tapedeck Services and do not apply to other Zedge websites, apps, or services.  The Tapedeck Services are available only in the United States.

Please read these Terms carefully, together with our Privacy Policy, Cookie Policy and Content Policy. By continuing to use the Tapedeck Services, you agree that you have read and are bound by these Terms. If you do not agree to these Terms, you must not use the Tapedeck Services.

THESE TERMS INCLUDE IMPORTANT AGREEMENTS ABOUT YOUR RIGHTS AND THE RIGHTS OF ZEDGE, INCLUDING, FOR U.S. RESIDENTS, A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND LIMITATIONS ON OUR LIABILITY TO YOU. THESE TERMS ALSO CONTAIN CERTAIN DISCLAIMERS WHICH MAY BE APPLICABLE TO YOU. TO THE FULLEST EXTENT PERMITTED UNDER LAW, BY ACCESSING THE TAPEDECK SERVICES IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THE SERVICES, USING ANY INFORMATION, AND/OR SUBMITTING CONTENT TO ZEDGE AND/OR PARTICIPATING IN OR USING ANY SERVICES, YOU AGREE TO COMPLY WITH APPLICABLE LAWS AND FURTHER AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, BINDING ARBITRATION, CLASS ACTION WAIVER AND A CHOICE OF NEW YORK LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).

If you access or use the Tapedeck Services on behalf of a company or other entity, you are agreeing to these Terms on behalf of yourself and such organization, and you represent that you have authority to bind such entity and its affiliates to these Terms. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Tapedeck Services.

I.               ABOUT THE TAPEDECK SERVICES

SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Tapedeck Services is to provide them as-is, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Tapedeck Services or any component of the Tapedeck Services.

TAPEDECK SERVICES PROVIDED “AS IS”. YOU AGREE THAT THE INFORMATION, SOFTWARE, SERVICES (INCLUDING MOBILE APPS), AND CONTENT (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, AS DEFINED BELOW) MADE AVAILABLE THROUGH THE TAPEDECK SERVICES ARE PROVIDED TO YOU “AS IS”. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE TAPEDECK SERVICES BY ANY MEANS IS AT YOUR SOLE RISK, AND THE TAPEDECK SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ZEDGE AND/OR ITS SUPPLIERS, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, SUCCESSORS, ASSIGNS, LICENSORS, DISTRIBUTORS, SUB-LICENSEES, AGENTS, AND/OR SUBCONTRACTORS (COLLECTIVELY, THE “ZEDGE PARTIES”) DO NOT MAKE ANY PROMISES, WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE TAPEDECK SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE TAPEDECK SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER WITH RESPECT TO THE TAPEDECK SERVICES, INCLUDING WITHOUT LIMITATION, PROMISES AND WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED TO NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE TAPEDECK SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TAPEDECK SERVICES (OR ANY PART THEREOF) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA. LIABILITY OF THE ZEDGE PARTIES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL EXCLUDE ANY WARRANTIES OR GUARANTEES, OR LIMIT LIABILITY OF THE ZEDGE PARTIES WHERE IT WOULD BE UNLAWFUL TO DO SO.

TAPEDECK SERVICES SUBJECT TO CHANGE. We may change or discontinue all or part of the Tapedeck Services, temporarily or permanently, in our sole discretion and without prior notice. Where possible or required by applicable law, we will inform you of these changes in advance.

REGISTRATION AND ACCOUNTS. In order to access some features of the Tapedeck Services, you will need to create a Tapedeck account (“Account”) with information, data, or content specific to you (“Account Information”). You agree to: (a) provide true, accurate, current, and complete Account Information, (b) maintain and promptly update your Account Information, (c) only maintain one Account, (d) never use another person’s Account, and (e) bear full responsibility for the activity on your Account and the security of your credentials.

You acknowledge that Zedge may use your Account Information to provide the Tapedeck Services and for purposes as otherwise set forth in these Terms and in accordance with the Privacy Policy. For certain Tapedeck Services that you elect to participate in, you may need to verify your email address and provide consent to a one-time email sent through a third-party service provider. You are responsible for providing your accurate email address for verification purposes.

KEEP YOUR ACCOUNT SAFE. You are responsible for keeping your username and password secure and for restricting access to your Account, password, computer, and mobile device while logged into the Tapedeck Services. You accept responsibility for all activities that occur under your Account or from your computer and mobile devices. You may not assign or otherwise transfer your Account to any other person or entity. If you believe that there has been unauthorized access to your username, password, or your identity, please contact us as soon as possible so that we can work together to limit the damage. Although Zedge will not be liable for losses caused by any unauthorized use of your Account, you may be liable for losses sustained by Zedge or others, due to such unauthorized use, subject to any limits set by applicable law. You may register for or log-in to your Account via a third-party network, such as Facebook or Google. If you connect your Account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

We have the right to take any and all actions we deem necessary or reasonable to maintain the security of the Tapedeck Services and your Account, including without limitation, disabling any Account and refusing current or future access to or use of the Tapedeck Services, at any time, if in our reasonable opinion you have failed to comply with any provision of these Terms or applicable law, or if we consider that you are using the Tapedeck Services to upload or download content or infringe in any manner the rights of another person. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

We also reserve the right, where permitted by applicable law, to disclose your identity to any person who claims that any Submissions (defined below), or any other content you upload to the Tapedeck Services infringes their intellectual property rights, their right to privacy, or is defamatory.

ACCOUNTS NOT RETAINED FOREVER. You agree that any Account created via the Tapedeck Services may be terminated, and/or some or all the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.

IF IMPORTANT, KEEP A COPY. You agree that, unless otherwise specified, any Account Information which you upload or provide via the Tapedeck Services may be modified or deleted without prior notice and at Zedge’s sole discretion. Therefore, to the extent any Account Information has importance to you, you should maintain an original copy separate from these Tapedeck Services.

YOUR EXPERIENCE ON THE TAPEDECK SERVICES. Zedge makes personalized recommendations to help tailor and enhance your experience on the Tapedeck Services. These recommendations are mainly based on the types of things you are interested in, your interactions with the Tapedeck Services (like the content you look at), and information about the content itself (such as tags, titles, the number of downloads, and when it was uploaded). We organize or rank content based on a combination of these things, which can vary between users and devices. Some recommendations are automatically generated, and others are manually selected, or they may be a combination of both. Examples of our features include “for you”, “popular collections “ and “top creators”. For more information on how we use your information in connection with personalized recommendations, please review our Privacy Policy.

MAKING A COMPLAINT ABOUT CONTENT ON THE TAPEDECK SERVICES. If you become aware of any content or behavior on the Tapedeck Services that is illegal or otherwise in breach of these Terms, then you can submit a report to us by clicking on the flag in the lower right-hand corner of the content. Please see the “Complaints About Copyright” section below for reports under the Digital Millennium Copyright Act.

REPEATED UNFOUNDED COMPLAINTS. If you frequently submit notices or complaints to us that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will take into account the number of clearly unfounded notices or complaints you have submitted within a given time frame when making this decision and will notify you in advance if we take any action related to this.

ACTION WE MAY TAKE IN RELATION TO YOUR ACCOUNT OR CONTENT. Zedge reserves the right (but has no obligation) to remove any content on the Tapedeck Services, to close Accounts, and terminate a User’s access to the Tapedeck Services at any time and at its sole discretion, including, without limitation, if such content or a User’s behavior does not comply with these Terms, for copyright infringement, violations of other intellectual property law or other rights of any third party, for violations of applicable law or regulations, or if otherwise deemed inappropriate or unacceptable to Zedge. If we remove or restrict access to your content, where required by applicable laws we will notify you and explain the reason for our decision. We will also notify the submitter of any report of the action we have taken against the content. Please see our Content Policy for more information.

REPEATED MISUSE OF THE TAPEDECK SERVICES. We may suspend or terminate your access to the Tapedeck Services if we determine you are a repeat infringer of any provision of these Terms, including (without limitation) if you frequently upload to the Tapedeck Services material that is clearly illegal, harmful, or fraudulent. We will take into account all relevant facts and circumstances when making such a decision, such as the nature, total number, and severity of the infringements that have taken place under your Account. Please see our Content Policy for more information. We may be protected from liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

APPEALS. If you do not agree with our decision to remove your content, or to suspend or terminate your access to the Tapedeck Services, you can appeal our decision through our internal appeals process. Appeals can be submitted by writing to us at dsa-users@zedge.net. We will review your appeal request and let you know the outcome of our decision. If your appeal is unsuccessful, we will explain to you the reasons why (for example, if your content has breached our Content Policy, these Terms, or is otherwise illegal). If your appeal is successful, your content will be restored.

II.              ABOUT YOUR ELIGIBILITY FOR THE ONLINE SERVICES

YOUR AGE. You are not permitted to use the Tapedeck Services, establish an Account, or provide Account Information if you are under 13 years of age. If you are under 18 years of age (or the legal age to form a binding contract in your location of residence, whichever is older), you represent and agree that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. 

YOUR LOCATION. The Tapedeck Services are operated by Zedge from the United States. Zedge makes no representation that the Tapedeck Services are appropriate or available for use in other locations. You are subject to United States export controls and are responsible for any violations of such controls, including without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the Tapedeck Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. These Terms, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

III.             ABOUT YOUR RESPONSIBILITY FOR THE TAPEDECK SERVICES

YOUR LIABILITY. You are fully responsible for how you use the Tapedeck Services. You agree to indemnify, defend, and hold the Zedge Parties harmless from and against any and all liabilities, claims, damages, suits, actions, judgments, losses, costs (including attorneys’ fees and court costs and expenses) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of these Terms, (b) your activities in connection with the Tapedeck Services, or (c) Submissions or other information you provide to us through the Tapedeck Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

PROHIBITED USE OF THE TAPEDECK SERVICES. As a condition of your use of the Tapedeck Services, you agree that you will not use the Tapedeck Services for any purpose or in any way that is prohibited by these Terms or that violates any applicable laws or regulations. If you fail to comply with this requirement, we reserve the right to take action against you as set out in these Terms.

In particular, you acknowledge and agree that you will not use the Services:

  • in any manner which could damage, disable, overburden, or impair the Tapedeck Services or interfere with any other party’s use and enjoyment of the Tapedeck Services;
  • to collect or aggregate information regarding other Users’ actions related to the Tapedeck Services;
  • to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tapedeck Services;
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
  • to generate or disseminate personal identifiable information or verifiably false information and/or content that can be used to harm an individual;
  • to defame, disparage or otherwise harass others;
  • for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
  • to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
  • for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
  • to build a competitive product or service using the Tapedeck Services, build a product or service using similar ideas, features, functions, or graphics as the Tapedeck Services or determine whether the Tapedeck Services, in whole or in part, is within the scope of any patent;
  • to reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Tapedeck Services;
  • to post to or transmit through the Tapedeck Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
  • to reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Tapedeck Services;
  • to violate, or attempt to violate, the security of the Tapedeck Services;
  • to use or attempt to use another User’s Account or distribute, license, transfer, or sell your Account to another person without our consent;
  • to interfere in any manner with the operation or hosting of the Tapedeck Services or monitor the availability, performance, or functionality of the Tapedeck Services;
  • to assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Tapedeck Services; or
  • to create an Account, host, display, upload, modify, publish, store, update, share, email or otherwise transmit to Zedge information, content, material, or any submission of any kind that, within the sole discretion of Zedge:
    • belongs to another person and to which you have no right;
    • is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, offensive, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with, contrary to, or in violation of any laws in force;
    • is harmful to children;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    • impersonates another person;
    • threatens the unity, integrity, defense, security or sovereignty of any nation state, friendly relations between nation states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to a nation state;
    • contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
    • consists of commercial solicitation, mass messaging, political campaigning, or any form of spam.

CONSENT TO COMMUNICATION. When you use the Tapedeck Services or send communications to us through the Tapedeck Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Tapedeck Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Submissions, creating an Account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE. If you change your e-mail address or other Account Information used by Zedge to communicate with you electronically, you must notify Zedge of the change immediately by either updating your Account profile to reflect the correct email address or by sending written notice of your updated e-mail address to emailaccounts@zedge.net.

If you do not update or change an incorrect e-mail address or other contact information, you understand and agree that any notices, statements or other communications to you from Zedge will still be considered to have been provided to you if they were made available to you in electronic form on the Tapedeck Services or e-mailed to the e-mail address we have for you in our records. Zedge reserves the right, if we choose, to restrict your ability to use the Tapedeck Services if Zedge believes that the e-mail address you provided is incorrect.

NO TEXT OR DATA MINING, OR WEB SCRAPING. You shall not conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to the Tapedeck Services. This includes using (or permitting, authorizing, or attempting the use of):

  • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Tapedeck Services or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

DOWNLOADS. The Tapedeck Services may allow you to download certain content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. All downloads are subject to the disclaimers, limitations of liability, and license restrictions set forth elsewhere in these Terms or provided at the time of download and certain downloads may be subject to a separate agreement either with us or a third party. 

The above requirements will not apply to the extent prohibited or limited by applicable laws.

IV.            ABOUT INTELLECTUAL PROPERTY

YOUR SUBMISSIONS. When you provide submissions (“Submissions”) to Zedge, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Zedge, you hereby grant Zedge (and its successors) a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Tapedeck Services and under these Terms.

When you provide any Submissions to Zedge, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you confirm that you own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize Zedge to make use of these Submissions in the manner contemplated by the Tapedeck Services and these Terms; and have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for Zedge to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Tapedeck Services and these Terms.

OUR INTELLECTUAL PROPERTY. You acknowledge and agree that Zedge or its third party licensors own all names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, sound recordings, musical compositions, videos, photographs, and other content appearing in or on the Tapedeck Services  (including, without limitation, Submissions) of the Tapedeck Services and all copyrights and all other right, title and interest in and to such content, and you agree not to challenge, directly or indirectly, Zedge’s ownership (or that of its licensors) in and to such content. Nothing contained in the Tapedeck Services or in these Terms should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Tapedeck Services without the written permission of Zedge or such third party that may own the trademark displayed via the Tapedeck Services, and you may not use any name, logo, trademark, or service mark available via the Tapedeck Services without prior written approval by Zedge. Subject to your compliance with these Terms, we grant you a limited license to access and use the Tapedeck Services and its content for personal, informational, and listening purposes only. Except as expressly permitted in these Terms, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Tapedeck Services or their content.

COPYRIGHT VIOLATIONS.

If you believe in good faith that any content on the Tapedeck Services infringes upon your copyright, you may send notice to Zedge requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act (“DMCA”), by providing our Copyright Agent (contact details below) with the following information in writing (see 17 U.S.C 512(c)(3) and https://www.loc.gov/copyright for further details). The notice must include all of the following:

An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner; sufficient identification of the allegedly infringing material; sufficient information as to the location of the allegedly infringing material so that it may be found and identified; the complainant’s name, address, telephone number and, if possible, email address; a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Zedge a counter-notice. All notices should be sent to our Copyright Agent. Zedge suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that Zedge shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.

Zedge’s designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent
Zedge, Inc.
1178 Broadway, 3rd floor, suite # 1450
Manhattan, NY 10001
Email: copyright@zedge.net
Fax: +1 646 219 2017
Phone: +1 844 219 5326

Only DMCA notices should go to the Copyright Agent.

YOUR FEEDBACK. We welcome your comments, feedback, suggestions, and other communications regarding the Tapedeck Services and the information and services we make available through the Tapedeck Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Zedge a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, we ask that you not send Zedge any Feedback that you do not wish to license to us as set forth above.

V.              MOBILE APPS

The Tapedeck Services may be a Mobile App that you can download to your phone, tablet, or other device via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the third-party service provider (“Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.

You acknowledge that these Terms and your use of the Mobile App is between you and us only, and not with any Provider or its affiliates or subsidiaries. As between us and a Provider, we are solely responsible for the Mobile App and its content. If anything in these Terms conflicts with any usage rules for the Mobile App from a Provider, such terms from the Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in these Terms, or as required under applicable law. No Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the Provider, and the Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, (c) claims arising under consumer protection, privacy, or similar legislation, and (d) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

By using the Mobile App, you represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the Provider, and its subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the Mobile App, the Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

VI.            ABOUT PAYMENT AND VIRTUAL CURRENCY

If you purchase credits (“Tapedeck Virtual Currency”) and/or products or services using Tapedeck Virtual Currency through the Tapedeck Services, you will be asked to provide information about your preferred payment method (e.g., credit card, online payment service, a third party such as Google Play or App Store (Apple), or other payment method). If you provide your payment information (e.g., name, billing address, credit card information) you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you pay through the Google Play or App Store (Apple), you may change your payment method through the corresponding store account. Zedge may change the payment methods offered within the Tapedeck Services from time to time. You confirm that all such billing information is complete and accurate, and that you are authorized to use such account information for such payments. The use of a third party payment service (“Payment Processor”) is subject to any terms and conditions made available by the Payment Processor, and you must comply with all such terms and conditions. You acknowledge that you may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies, and that your personal data may also be subject to that Payment Processor’s own privacy policy.

When you purchase or receive Virtual Currency, you do not own them. Instead, you receive a limited right to use them for eligible services, content and merchandise on the Tapedeck Servcies such as accessing locked content.

We make no guarantee as to the nature, quality, or value of the services or merchandise that are connected with the use of Tapedeck Virtual Currency. The price for content will be displayed at the point of purchase. Using your Tapedeck Virtual Currency to access content grants you a limited license to access certain features of the Tapedeck Services when, as, and if allowed by us. All Tapedeck Virtual Currency transactions are final, and we do not offer refunds for such transactions. We are not responsible for repairing or replacing content or providing you with any credit or refund in the event that we modify, suspend, or terminate the Tapedeck Virtual Currency program, or for loss or damage due to any service error, or any other reason.

Purchases of Tapedeck Virtual Currency may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency or for accessing content at any time, as well as the ways you can use Tapedeck Virtual Currency. We reserve the right to suspend, revoke, or stop issuing Tapedeck Virtual Currency or permitting their use at any time without notice, refund, or compensation, and to set expiration dates for Tapedeck Virtual Currency. Without limiting the foregoing, if your Account has been inactive for twelve (12) months or more, or if you have not used your Mobile App for twelve (12) months or more, your Tapedeck Virtual Currency will expire, and we may cancel and terminate your V Tapedeck irtual Currency. We are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for such expiration, termination and/or cancelation of your Tapedeck Virtual Currency. Tapedeck Virtual Currency may not be redeemed for any sum of money or monetary value, or for services or items of value outside the Tapedeck Services. If you delete your Account or your Account is terminated for any reason, you will lose all accumulated Tapedeck Virtual Currency without refund or other compensation. You agree that we will have no liability to you based on our exercise of our rights with respect to Tapedeck Virtual Currency.

VII.           ABOUT HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE TAPEDECK SERVICES

DISPUTE RESOLUTION - VENUE. You agree that any dispute connected with the Services or your relationship with Zedge shall be resolved exclusively in New York County, New York. You agree to waive any and all objections to this choice of venue. 

NO CLASS ACTIONS. You agree that any claims or arbitration under these Terms will take place on an individual basis. You agree that you will not file a class action or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party.

NO JURY TRIAL; BINDING ARBITRATION. You agree to waive your right to a jury trial and submit any controversy or claim (except for any claim of infringement or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to (a) the Tapedeck Services or use of the Tapedeck Services (b) these Terms; or (c) any Zedge privacy policy or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be referred to and finally determined by binding arbitration in New York County, New York. You and we agree that at the election of either party, any dispute connected with Tapedeck Services between us may be sent to binding individual arbitration to be administered by JAMS, Inc. (“JAMS”).

LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you connected with Tapedeck Services, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive, or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Tapedeck Services would be significantly higher if we could not place these limitations on our liability. This limitation on liability shall not be apply to any damages or other remedies available to you via statute. For the avoidance of doubt, we do not exclude or limit in any way our liability to you where it would be unlawful to do so under applicable law.

WHERE PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL ANY ZEDGE PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR THE INABILITY TO USE THE TAPEDECK SERVICES, CONTENT, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TAPEDECK SERVICES AND/OR CONTENT, (III) ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE TAPEDECK SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE TAPEDECK SERVICES AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TAPEDECK SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE ZEDGE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ZEDGE PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ZEDGE MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OF AMERICA.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, THE ZEDGE PARTIES’ LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

WE’RE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL. You agree that we are not responsible for anything beyond our control. For example, we are not liable for: Service interruptions caused by problems with a communications network; problems caused by an Internet service provider; your computer or its programs failing; the acts of criminal attackers, whether in real-time or automated (e.g., viruses); other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Tapedeck Services or to your downloading of any content on it, or on any website linked to it; or errors in information provided to us upon which we reasonably rely. These are only examples and do not affect other rights that may be afforded to you by consumer laws.

THIRD PARTIES. Third party products and services made available on the Tapedeck Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Zedge. Your interaction with, or participation in promotions of, third parties found on or through the Services are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Tapedeck Services. YOU AGREE THAT ZEDGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE TAPEDECK SERVICES. We assume no responsibility for the content of websites linked on the Tapedeck Services. Any information, statements, opinions, or other information provided by third parties and made available on the Tapedeck Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Tapedeck Services. Such links should not be interpreted as endorsement by us of those linked websites. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, platforms, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website, platform, or service is authorized to use any of our trademarks, logos, or copyright symbols. We will not be liable for any loss or damage that may arise from your use of them.

VIII.         GENERAL PROVISIONS

CHOICE OF LAW. These Terms will be governed by the laws of the State of New York without regard to its conflict of laws principles.

TERMINATION BY US. We reserve the right to terminate your Account and these Terms if we determine that you are in material or repeated breach of these Terms, any applicable laws or regulations, or in other circumstances as determined by Zedge in our sole discretion. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Tapedeck Services, including in your Account.

TERMINATION BY YOU. You may terminate these Terms at any time by deleting your Account and ceasing to use the Tapedeck Services. Even after the termination of these Terms, your Account, access to the Tapedeck Services, or any Submissions you have posted or submitted may remain on the Tapedeck Services indefinitely.

SURVIVAL. The provisions of these Terms concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

CHANGES TO THESE TERMS. These Terms may be updated from time to time. You should check these Terms whenever you use the Tapedeck Services to see whether any changes have been made, as these will be binding on you. If we make any changes, we will notify you by posting the revised Terms on this page and by revising the “Last Updated and Effective Date” at the top. We will make reasonable efforts to notify you of any major changes.  Your continued use of the Tapedeck Services will signify your continued agreement to these Terms as revised. If you do not agree with these Terms or to any changes we make in the future, you must not use the Tapedeck Services.

THIRD PARTY RIGHTS. Our past, present, and future affiliates and agents can enforce our rights under these Terms in the event they become involved in a dispute with you. Otherwise, these Terms are between us and you and do not give rights to any third parties and nobody else can enforce them.

ASSIGNMENT. You may not assign or transfer any of your rights under these Terms. Zedge may assign its rights with or without notice to you to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Tapedeck Services, so that a different organization is responsible for supplying the Tapedeck Services to you.

SEVERABILITY. If a provision of these Terms is found to be unenforceable by a court or tribunal, the other provisions will still apply, and an enforceable term will be substituted reflecting our intent as closely as possible.

WAIVER. Zedge’s delay or failure to enforce a provision or a right set out in these Terms does not prevent us from doing so later.

Government End Users. Products or services provided under these Terms are designed and intended for use by non-government entities and individuals. Use by or on behalf of a Government End User as defined under 15 C.F.R. § 772.1 is strictly prohibited and requires prior written authorization from us. If authorization is granted by us, the authorized Government End user must abide by applicable regulations, including but not limited to regulations in 48 C.F.R. Chapter 1 and 41 C.F.R. §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a).

IX.            CONTACT INFORMATION

If you have any questions, comments, or concerns about the Tapedeck Services or our Terms you may contact us at: termsofservice@zedge.net and reference Tapedeck in your submission. 

If you believe we have breached these Terms or would like to raise other concerns about the Tapedeck Services, you can contact our grievance officer, William Scheiner at william.scheiner@zedge.net.

Contact for authorities: dt-authorities@zedge.net.

Contact for users: dt-users@zedge.net.

 

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