Last Updated: 12 July 2023
- the TouchTunes website currently located at www.touchtunesjukebox.co.uk as made available in the United Kingdom, together with any materials, content and services made available in connection with such website, and any successor website(s), (collectively, the “Site”);
- any version of TouchTunes’ application made available by TouchTunes in the United Kingdom (any such version of the TouchTunes application, together with any materials, content (including songs) and services made available in connection with such application, and any UK versions of any successor application, (collectively, the “App”); and
- TouchTunes’ network of jukeboxes in the United Kingdom, the TouchTunes Unlimited service (“TouchTunes Unlimited Service”) and the TouchTunes TV services, together with any materials, content (including songs) and services made available in connection with such jukeboxes (collectively, the “Network”).
BY CLICKING OR TAPPING ANY BUTTON OR BOX MARKED “ACCEPT,” “AGREE” OR “OK” (OR A SIMILAR TERM) IN CONNECTION WITH THIS AGREEMENT, OR BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND CONFIRM THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND ARE 18 YEARS OF AGE OR OLDER, OR, IF YOU ARE NOT, THAT YOUR PARENT OR GUARDIAN WITH FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR BEHALF HAS ACCEPTED THIS AGREEMENT ON YOUR BEHALF AND HAS CONSENTED TO YOUR USE OF THE SERVICE.
- Jurisdictional Issues. The Service is controlled from the United Kingdom, Canada and/or the United States, and is not intended to subject TouchTunes to any jurisdiction or law except as set forth in Section 19 below. The Service may not be appropriate or available for use in some jurisdictions. You must comply with all applicable laws, rules and regulations in connection with your use of the Service. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments and improvements).
- Rules of Conduct. The Service includes online, mobile and jukebox platforms that are accessed by a community of users across the United Kingdom and we expect all users to behave appropriately when using the Service. In connection with the Service, you must not:
- Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trade mark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or (e) otherwise prohibited by applicable law.
- Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful.
- Harvest or collect information about users of the Service.
- Attempt to identify or contact minors.
- Use the Service for any commercial solicitation purposes, or transmit through or in connection with the Service, any spam, chain letters or other unsolicited communications.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service (including any content available thereby) or overriding or circumventing any technology we use in an effort to prevent some Service users from communicating with other Service users; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Service.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorised herein, without TouchTunes’ express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Service, except to the extent such restriction is expressly prohibited by applicable law.
- Remove any copyright, trade mark or other proprietary rights notice from the Service.
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without TouchTunes’ express prior written consent.
- Systematically download and store Service content.
- Use any robot, spider, site application or other manual or automatic device to retrieve, index, “scrape,” “search/retrieval data mine” or otherwise gather Service content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Service, without TouchTunes’ express prior written consent. However, subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Site’s root directory, TouchTunes grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. TouchTunes reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Service (including any applicable device data transmission charges).
- Resources. The Service may make available information, data, messages, songs, materials, images, descriptions, listings, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by TouchTunes or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources (including any features, specifications and prices contained therein) and the Service, or any intellectual property rights in such Resources. Resources, and the availability of any Resources (including the validity of any coupon or discount), are subject to change at any time for valid reasons (as set out in Section 1). Except to the extent prohibited under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Service, or by anyone who may be informed of the content of any Resources. Certain descriptions of Resources are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) regarding your receipt, possession and use of any Resource.
YOUR USE OF THIRD PARTY RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY RESOURCES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY RESOURCES).
- Transactions and Fees. We may make available the ability to purchase or otherwise obtain certain Resources, Jukebox Credits (as defined below) or other items or services through the Service (a “Transaction”). Some of the services made available in connection with the Service may be available only upon payment of a fee or upon presentation and redemption of credits that we may allow you to hear, accumulate and/or purchase (“Jukebox Credits”). Services that require you to pay a specific fee and/or redeem Jukebox Credits are “Pay Services”.
Although we will seek to honour requests for songs or other services that you make through the Service, our ability to provide these services may be affected by a number of factors; examples of such factors include, without limitation:
- the inherent unreliability of the Internet;
- power or service outages affecting a jukebox;
- a jukebox being turned off or unplugged;
- the ability of venue staff to skip a song;
- the length of the queue in which a song is placed;
- songs playing later than expected or being superseded by other songs (e.g., due to songs selected by FastPass users taking priority over songs selected by other users); or
- a song requested by you is currently in the song queue.
We therefore cannot be responsible if a song that you have requested does not play.
Although songs selected by FastPass users may receive priority over other selected songs, FastPass users may nonetheless experience wait times before their selected songs are played, or their songs may not play due to, without limitation, the factors identified above.
Further, volume levels in the venue where a jukebox is located may negatively impact the ability of you and others to hear the song being played.
We may permit you to redeem such Jukebox Credits in order to request certain songs or access other services via the TouchTunes Network. Jukebox Credits purchased or received through a physical jukebox must be used on such jukebox immediately upon receipt. With respect to the mobile application, we may provide you with various opportunities to obtain Jukebox Credits, including via direct or indirect purchases, promotional programs, and other loyalty or bonus or account-based earning opportunities. Regardless of how you obtain Jukebox Credits, Jukebox Credits are not money or monetary value or legal tender, and Jukebox Credits do not have any cash or monetary value. Jukebox Credits do not constitute a cash account or represent a cash equivalent, and Jukebox Credits are not redeemable for any sum of real-world money, monetary value, or for any other goods or services outside of the TouchTunes Network services. Jukebox Credits that you accumulate may expire, depending on the type of Jukebox Credit and on how you acquired such Jukebox Credits. If your TouchTunes account holds a combination of Jukebox Credits subject to expiration and Jukebox Credits not subject to expiration, then upon your next redemption of Jukebox Credits, we will automatically apply and redeem Jukebox Credits subject to expiration prior to applying or redeeming any Jukebox Credits not subject to expiration. For more information regarding the types of Jukebox Credits you may acquire and the relevant expiration periods for various types of Jukebox Credits, please see our Frequently Asked Questions page. If your TouchTunes account is terminated for any reason, any Jukebox Credits associated with your account will automatically expire.
YOU SHOULD BE AWARE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DO NOT OFFER REFUNDS FOR PAY SERVICES UNDER ANY CIRCUMSTANCES FOR REASONS OUTSIDE OF OUR CONTROL, INCLUDING IF A SONG THAT YOU REQUESTED FAILS TO PLAY OR IS DELAYED IN PLAYING, OR IF JUKEBOX CREDITS ARE LOST OR EXPIRE.
If we offer services that allow you to communicate via wireless networks, we want you to be aware that, in addition to any fees that we charge, your wireless service provider may charge fees for text messages or data transmission. Please consult your wireless carrier for information about any text messaging and data fees that it charges.
You are not authorised to access any Pay Service unless you have paid the appropriate fee, have received Access Credentials (as defined in Section 8 below) from us and are using the Access Credentials that we have provided to you. You may not provide anyone else with assistance in accessing Pay Services on an unauthorised basis, including by sharing your Access Credentials or providing materials that you obtained through Pay Services to third parties.
If you wish to make a Transaction, you may be asked to supply certain relevant information, such as details regarding your method of payment (e.g., your payment card number and its expiry date, or your selection of a third-party payment service (such as PayPal)) and your billing address. YOU CONFIRM THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD (E.G., PAYMENT CARD OR PAYMENT SERVICE) WITH RESPECT TO WHICH YOU SUBMIT INFORMATION IN CONNECTION WITH A PAY SERVICE. By submitting payment information, you grant to us the right to provide such information to third parties for purposes of facilitating payment for Pay Services. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you confirm that the applicable Resources will be used only in a lawful manner.
You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
In certain regions, when using the TouchTunes mobile application, you may have access to a type of Pay Service called an automatic credit refilling (“Auto-Refill”) service. If you turn on the Auto-Refill service, you hereby grant TouchTunes a continuous payment authority to automatically charge you to refill your credits with the number selected when they drop below a certain threshold via your nominated payment method. You may turn off the Auto-Refill service at any time to prevent further automatic charges.
- Submissions. Certain Service functionality may provide users with the ability to make available certain Resources (each, a “Submission”) through or in connection with the Service. Because the Service is a service that is offered to the public and because the Network jukeboxes are located in public places, we cannot guarantee that any Submission that you make available through or in connection with the Service (each, “Your Submission”), even those that you intentionally choose not to publish, will remain confidential. Likewise, because the transmission of information over wireless and wired networks is not inherently secure, we cannot guarantee that information (including personal information and private communications) stored locally on your mobile device or transmitted to our servers will remain confidential.
You understand and agree that Submissions are neither created, owned nor provided by TouchTunes. TouchTunes will not be responsible for Submissions or any related conduct or practices or any alleged damage resulting from Submissions, including any use or misuse (including any distribution) by any third party of Submissions or any of your interactions with other Service users.
- Our Right to Use Submissions. You will retain ownership of Your Submissions. You grant to us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) licence, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyse and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed Your Submission. You agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place TouchTunes under any obligation in respect of such Feedback.
You confirm that (a) you have all rights necessary to grant the licences granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision of Submissions to us (whether through and in connection with the Service or otherwise) are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive, and consent to us performing any acts or omissions in relation to Your Submissions and associated materials that may be inconsistent with, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law.
- TouchTunes’ Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. All trade names, trade marks, service marks and logos available through the Service are the property of their respective owners and nothing contained on the Service should be construed as granting any right to use any trade names, trade marks, service marks or logos without the express prior written consent of the owner. You may not use our trade names, trade marks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except as expressly set out in Section 12 above, no right, title or interest (including any intellectual property rights in or to, as well as any other rights or interests in or to) in or to the Service is granted to you, and all right, title and interest in and to the Service is expressly reserved to TouchTunes and our suppliers.
- DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE AND ANY RESOURCES AND THIRD PARTY RESOURCES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY RESOURCES AND THIRD PARTY RESOURCES.
TOUCHTUNES WILL UNDERTAKE REASONABLE STEPS IN ACCORDANCE WITH ITS LEGAL OBLIGATIONS TO ENSURE THAT THE SERVICE WILL BE SECURE BUT CANNOT GUARANTEE THAT ANY ACCESS CREDENTIAL OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE WILL PREVENT UNAUTHORISED ACCESS TO SUBMISSIONS OR YOUR SERVICE ACCOUNT OR THAT ANY SUBMISSIONS WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.
- LIMITATION OF LIABILITY.
TOUCHTUNES COMPANY PARTIES WILL NOT BE LIABLE FOR ANY LOSSES THAT WERE NOT FORESEEABLE TO YOU OR COMPANY AT THE TIME YOU AGREED TO THIS AGREEMENT OR LOSSES WHICH WERE NOT CAUSED BY THE TOUCHTUNES PARTIES IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, “INDIRECT LOSSES”).
WITHOUT LIMITING THE FOREGOING, TOUCHTUNES COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT LOSSES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY RESOURCES OR THIRD PARTY RESOURCES, INCLUDING IN CONNECTION WITH ANY VIRUS THAT MAY BE TRANSMITTED VIA THE SERVICE OR ANY RESOURCES, COSTS INCURRED WHILE USING THE SERVICE, DELAYS IN ORDERING MUSIC, THE INACCESSIBILITY OR TECHNICAL FAILURE OF THE SERVICE.
THE TOUCHTUNES COMPANY PARTIES DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION .
IF YOU HAVE A DISPUTE WITH ANOTHER SERVICE USER RELATED TO, ARISING FROM OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE, YOU AGREE TO ADDRESS AND RESOLVE SUCH DISPUTE WITH SUCH OTHER USER AND NOT TOUCHTUNES AND TO RELEASE ALL TOUCHTUNES COMPANY PARTIES FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
THE TOUCHTUNES COMPANY PARTIES’ AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (“CLAIMS”) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY TO USE THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO ANY CLAIM, PROVIDED, HOWEVER, IF YOU HAVE NOT PAID MORE THAN TWENTY BRITISH POUNDS (£20.00) TO COMPANY DURING SUCH PERIOD, SUCH AGGREGATE LIABILITY FOR THE TOUCHTUNES COMPANY PARTIES SHALL BE TWENTY BRITISH POUNDS (£20.00).
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF TOUCTUNES AND EACH OF THE OTHER TOUCHTUNES COMPANY PARTIES.
- Information or Complaints. If you become aware of any material (including Submissions) on the Service which could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately at email@example.com. You may also contact us by writing to 4 Greenland Place, London NW1 0AP or by calling us at + 44 (0)20 7644 8881.
If you have a question or complaint regarding the Service or wish to complain about content uploaded by other users you may also contact us using same contact methods. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
The Service is operated by:
TouchTunes UK Limited
Address: 4 Greenland Place, London NW1 0AP
Email Address: firstname.lastname@example.org
Company Registration Number: 08124893
- Export Controls. The Service is subject to U.S. export controls restrictions, including any United States embargoes or other federal rules and regulations restricting exports. We will not knowingly make the Service available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanctions (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). By using the App, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- No Professional Advice. Any information supplied by any employee or agent of TouchTunes, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service and does not constitute legal, tax, medical, accounting or other professional advice. Individual situations and applicable laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.
- Additional Terms and Conditions Regarding the TouchTunes Unlimited Service