AKAZOO - TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE IT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND OUR PRIVACY POLICY AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

These "Terms of Use" represent the terms and conditions that constitute the legal agreement between you and Internetq, Inc., doing business as "Akazoo" ("we", "our" or "us") regarding your use of our Services. We use the terms "Service" or "Services" to refer to all of the services, features and functions we make available to users. Unless clearly indicated otherwise, the term "Service" shall also include our Website and all the services, features and functions that are offered and made available on, through or using our Website and all of the Content that relates to our Service.

When we use the term "Website" we mean the website located at http://akazoo.gr and any other URLs, websites and/or web pages we control and use to provide the Services. Our Privacy Policy, our Community Requirements, as well as any Additional Terms (as defined below) that apply to you, are all part of these Terms of Use and form a part of your legally binding agreement with us regarding our Services. If you sign up for our subscription Services, you must also agree to comply with and be bound by the terms and conditions of our Subscriber Agreement, which will then also form part of your agreement with us. For ease of reference, we will use "Terms of Use" to refer to your entire agreement with us and all of the terms and conditions that apply to you.

By using or attempting to use our Service you are confirming that you have read, understand and agree to, shall abide by and comply with all of the terms and conditions of these Terms of Use, including our Privacy Policy and Community Requirements, any Additional Terms and, if it applies to you, our Subscription Agreement.

You and anyone else using our Service will be referred to in these Terms of Use as a "user", even if you do not take advantage of all of our Services. The words "use" or "using" means any time you or anyone else, directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange messages, data or communicate with our Service or with any other user, person, firm or enterprise on or through our Service, or in any way utilizes, benefits, takes advantage of or interacts with any feature, function or service of our Service, in any way and for any purpose. We obtain certain information from all users and you should refer to our Privacy Policy because it contains important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Service.

These Terms of Use do not cover any other services, websites, web pages, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our suppliers, advertisers, licensors, wireless or mobile carriers, internet service providers, operational service providers, promotional partners, sponsors or any other person, firm or enterprise. These Terms of Use also do not cover your rights or responsibilities with respect to third party content or links that may direct your browser or your connection to third party websites or pages, even if they appear on or are linked with our Website. You should refer to the privacy policies and terms and conditions that apply to these third parties since they, not us, are responsible for them.

We reserve the right to change any or all of our Services at any time and from time to time. You should check periodically and read these Terms of Use, Privacy Policy, Community Requirements, any Additional Terms and, if applicable, our Subscription Agreement, so you are always aware of the Terms of Use that apply to you.

USING, REGISTERING AND SUBSCRIBING TO OUR SERVICES

Our Services provide a suite of wireless, mobile and Internet based services we invite you to take advantage of and use. You do not have to register or subscribe to browse our Website and we sometimes make certain features, promotions or other parts of our Services available without charge and without requiring you to register or subscribe. For example, you may be able to visit some portions of our Website and participate in certain activities, of course always in our sole discretion, without registering. If you enter your wireless or mobile number into our Service, even if you do not continue with the authentication or registration process, unless you have notified us that you Opt Out, you may receive a limited number of messages to remind or encourage you to continue (which may incur a charge from your carrier) and you may be able to use some parts of the Service on a promotional basis which we offer at no charge.

When we use the term "Post" or any variations, we are referring to each and every time you submit, provide, furnish, share, message, instant message, exchange, transmit or communicate any information (including Personal Information and profile information), ideas, images, audio-visual material, opinions, files, email or other messages and User Generated Content (as defined below). In fact any time you communicate or make anything available or accessible on our Service you will have "Posted" it. Parts of our Service (usually available to Registered Users or Subscribers) are "Communities" – areas that contain profile, forum and chat services, web and mobile community and social networking features, Content and User Generated Content sharing, messaging and communication capabilities that allow you and other users to Post.

If you use our Services or participate in events or promotions, activities, create, sign up or engage in transactions in connection with our Services, you will be confirming your agreement to be bound by and comply with our Terms of Use, including any additional terms and conditions that we indicate apply in doing or attempting to do those things and although they become a part of the Terms of Use that apply to you when you do or attempt to do so, we may refer to these as "Additional Terms". To become a Subscriber and gain access to our subscription Akazoo Services, you must agree to pay the fees and charges as described in our Subscription Agreement.

Registered Users and Subscribers must provide us with a verifiable mobile or wireless device number and we will transmit a personal identification number ("PIN") back to that device. You must either use the PIN with that device to respond, enter the PIN on our Website or follow our instructions for authentication during the registration process. In some cases, you will be able to create an Akazoo account and become a Registered User through your mobile or wireless device – by sending an SMS or MMS message. You understand your carrier may bill you in accordance with your agreement with them, even if we do not charge you to become a Registered User of our Services.

We use reasonable commercial efforts to ensure that only users who have been authenticated use our Services and we may require you to go through an authentication process each time you register or if you become a Subscriber. This is part of our normal security and verification procedures and while it may sometimes seem repetitive, these precautions are designed for your safety and the safety of all our users. We require all Registered Users to have a user name (not your real name) and a log-in code (which may initially be the PIN). If you register through your wireless or mobile device, we will provide you with an initial log-in code. If you register on our Website, then you may select your own code or password during registration. The PIN, password, codes and other unique log-in letters, numbers and symbols we will refer to as your "password" and once your registration is complete, we will allow you to change your password at any time. We will refer to the unique combination of your mobile or wireless number or user name) together with your password, as your "User ID."

You may not allow any others to use your User ID under any circumstances. During registration or at other times when you use the Service, we may ask you to provide us with some additional information about yourself which is optional, but which enables us to customize the Service experience for you. We also have the right to require you to provide us with certain additional information (for example, a secret answer to a particular question) for security or identification purposes. You are solely responsible for the confidentiality of your User ID and we are not liable for any harm caused or related to the disclosure, theft or misappropriation of your User ID or if someone else uses your User ID through no fault of ours. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your User ID or if you have any security concerns. You are solely responsible for all financial obligations that arise and all charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to comply with your obligations. If you choose to become an Akazoo Subscriber in order to use our Services, you will also be required to agree to the terms and conditions of our Subscription Agreement.

AGE REQUIREMENTS

If you are under the age of 18, you may not use our Services at all – not as a user, Registered User or as a Subscriber. You must be 18 years old or the majority equivalent in the place where you reside to become a Subscriber. We may require certain additional verification or confirmation of your status when you attempt to register and/or subscribe to our Services.

MODIFICATIONS

We have the right, any time and from time to time, for any reason in our discretion, to change these Terms of Use, including the Privacy Policy, Community Requirements, Subscription Agreement and any Additional Terms that apply to our Service. We will post notices of material changes on our Website and we may also send you a text message or email about any changes. Once we post them, these changes become effective immediately. If you use our Service after we post a notice of a change, you will be bound by the change. Please check back to these Terms of Use frequently so you are aware of the most current terms and conditions of your agreement with us. We also reserve the right, any time and from time to time, in our discretion, to modify, suspend or discontinue, all or any portions of our Service without notice and without liability to you or any other party.

CONTENT; USER GENERATED CONTENT; RESPECTING RIGHTS OF OTHERS

"Content" refers to all content, ring tones, wallpaper, games, music, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectable elements of our Service, tangible or intangible, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in Marks or other intellectual property which you may encounter, which may be accessed and/or available from, are provided by or for your use in connection with our Service. Except for User Generated Content defined below or as otherwise set forth in these Terms of Use, Content is either our property or owned by our licensors, suppliers, operational service providers, advertisers, business or promotional partners or sponsors and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using our Service and you expressly agree that your use of our Service is solely at your own risk. You agree that all of these entities are third-party beneficiaries under these Terms of Use and both we and they can protect our respective rights and enforce these Terms of Use against you. You may only use Content, and our Service generally, for non-commercial personal use and for no other purpose and your right to use our Service is not assignable or transferable. Any rights not specifically granted to you by us are fully reserved by us and any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution, or both.

"User Generated Content" refers to Content that you Post or that is Posted using your User ID and as noted above in the definition of Content, we do not claim ownership of (or any responsibility for) User Generated Content. However, with respect to User Generated Content that is Posted on any publicly accessible areas of the Service or any non-public areas over which we give you a limited right to regulate access by other users, you grant us a worldwide, royalty-free right and non-exclusive license to use, distribute, reproduce, modify, adapt, translate, publicly perform and publicly display such User Generated Content in whole or in part, in perpetuity, in or on any and all media, now known or hereafter devised, discovered or developed, whether alone or together, in combination or as part of other information, content and/or material of any kind or nature, without compensation, notice or any accounting or accountability to you or anyone else. You understand and agree, however, that we have no control over what other users or any other third party or parties having access to your User Generated Content, and we have and shall have no liability or responsibility for their acts or omissions, even if they obtained the User Generated Content from or through our Website or any of our Services. User Generated Content does not include data or information, including Personal Information (as defined in our Privacy Policy), profiles or any registration or subscription data and information you submit, provide or otherwise make available to us, as part of registration, subscription, participation in any promotions, activities, features or functions or that you provide or make available to a third party, unless you or someone using your User ID, Posts it.

We use the term "Marks" to refer to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Marks that are not our property are used with a third party’s permission. You may not alter, delete, obscure or conceal any copyright or other notices, nor are you permitted to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content in violation of these Terms of Use. You also may not copy, modify, display, broadcast, transmit, perform, transfer, distribute or use Content in violation of these Terms of Use or any laws or regulations and you may only store, record, play back and download Content for which you have the necessary authorization, permissions, licenses and clearances. You agree not to authorize, encourage or allow anyone else, directly or indirectly, to do anything you are not permitted to do under these Terms of Use.

Our Service may also contain technology and data that enables or activates certain identifying functions and music-related or content-related information, including name, artist, track and title information from us or our licensors and suppliers. You may only use these features through standard functions we provide through our Service and you may not provide, grant access, assign, copy, transfer or transmit any of such identification or content or music-related information to any other party or use it for any purpose other than as permitted in conjunction with our Service. If you violate these terms and conditions, in addition to any other rights we may have, we may terminate your license and rights to use our Service and we and/or any third party beneficiary entity may enforce directly against you, all rights and seek damages and any other remedies permitted by law.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from our Service, and as an express condition of your use of our Service, you warrant to us that you will not use the Service for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of these Terms of Use, your permission to use Content automatically terminates and you must immediately destroy all Content in your possession or under your control.

We require all our users, including Registered Users and Subscribers, to respect all copyrights, service marks, trademarks and other intellectual property rights of ours and others. We do not monitor User Generated Content and we may not always know if Content provided by others is original or if all necessary rights have been obtained. Consequently, on notice, we will act expeditiously to remove Content that infringes the copyright rights of others and will use all reasonable commercial efforts to deactivate and disable access to our Service of anyone who uses our Service to repeatedly infringe the intellectual property rights of others and if you wish to send us such a notice, please use the following procedures: If you believe our Service contains elements that infringe your copyright or the copyright of anyone else, please click on the following link to go directly to our Notice and Procedure for Making Claims of Copyright Infringement and follow the procedures that are described. Of course, if you believe any Content violates any of our Terms of Use, please send us a message about it at [copyright@akazoo.com]. We cannot guarantee we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

Use of Content is governed and restricted by these Terms of Use and any Additional Terms we tell you apply and some of these terms, conditions and restrictions may be based on rights and limitations from Content owners and rights holders. In any case, we must also reserve the right to establish and maintain rules for our own business reasons and reserve the right to modify these at any time and from time to time. You may not, directly or indirectly, circumvent, reverse engineer, decrypt, alter, modify, restrict or interfere with our rules or any digital rights management, intellectual property or security protections we use to monitor and administer these rules, nor are you permitted to attempt to do any of these things or induce or assist others to do any of these things. You acknowledge and agree if we no longer have the right to make certain Content available, you will no longer be able to obtain or use that Content, renew your rights or restore it through our Service, even if you originally obtained it from the Service. You agree to permit us to install (or include in Content that is downloaded), on your computers and mobile, wireless and portable devices technology that manages the rules and digital rights that apply to Content. This technology, among other things, will track the number of times you play the Content and/or transfer Content to any portable devices and will report that information to us.

If you have downloaded Content, it is your responsibility not to destroy or damage such Content because we are not responsible if any Content you download is lost, destroyed or damaged. We have no obligation to restore your Content if that happens or to maintain records for the purpose of our or your doing so and that is solely your responsibility. Once Content is transferred to your portable device as permitted, you may not copy, distribute, transmit or transfer it from that portable device to any other portable device or media. You may only share Content in accordance with the digital rights and rules that apply, if any, and in a manner that does not infringe on the rights of others or violate any laws or regulations.

Our Community Requirements contain additional rules, requirements and guidelines concerning your obligations with respect to Content, our Communities and the Service.

WIRELESS SERVICES, MESSAGES AND PROMOTIONS

To be a Registered User or a Subscriber and take advantage of the mobile or wireless feature and functions of any of our Services, you must also have (a) an active contract with a mobile or wireless carrier licensed to distribute Service messages and Postings or access to a wireless or mobile communications network through which we make our Service available AND (b) mobile or wireless carrier services compatible with our Service and capable of enabling you to Post, send and receive messages, and/or use and download Content onto your designated wireless or mobile device. You, not us, are responsible for all equipment, software and communications resources and facilities necessary to connect to our Services and/or our Website, including, but not limited to, a wireless or mobile device that is in working order, compatible and suitable for use in connection with our Services. You must ensure your wireless or mobile device is compatible with our Services and is correctly configured and capable to enable SMS and, if applicable, downloads and/or Posting of WAP or any other Content. To receive WAP Content you will need to click on the link found in the SMS or the WAP ‘push’ link sent by us to commence the WAP Content download. If you cause or we suspect you may be causing interference with our Service in any way, you may be immediately disconnected and we may, in our sole discretion, terminate your use of our Website and/or Services and your status as a user, Registered User and/or Subscriber. Upgrades, enhancements or changes to our Service which require changes to your wireless or mobile devices, equipment, software or communications resources or facilities are strictly your responsibility.

We may deliver or make available to users, certain promotions, newsletters, alerts, services, news, programming, messages and information delivered via text messaging, email, through wireless or mobile devices or otherwise (individually and collectively, "messages") and in some cases, your input of information into our Service will simultaneously enroll you in these services to receive such messages. We will always disclose these to you at the time you submit the information associated with the messages involved and unless you Opt-out (which we will always give you the right and opportunity to do) you will be deemed to have given us your consent to receive such messages. To avoid any doubt, by entering your wireless device number on our Service, completing the process or taking advantage of any activity, service, feature or function involving messages or any attempt by you to do any of these, you are giving us your express consent and agreeing to receive such messages, unless and until you Opt-out. If you communicate with, receive communications from, interact with or use the services, or obtain goods and services in connection with third parties, even if you do so as a result of using our Service, that is strictly between you and them and we are not responsible or liable in any way in connection with these activities or transactions.

BY POSTING OR AGREEING TO RECEIVE MESSAGES, AS DESCRIBED IN THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE YOU MAY BE CHARGED BY YOUR WIRELESS OR MOBILE CARRIER FOR THESE POSTS AND/OR MESSAGES AND THAT THEIR STANDARD MESSAGING RATES APPLY UNLESS WE OR THEY EXPRESSLY TELL YOU OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY WIRELESS OR MOBILE CARRIER CHARGES (EMAIL, POSTING, SMS, TEXT OR OTHER MESSAGING OR OTHERWISE) OR A WIRELESS OR MOBILE CARRIER’S FAILURE TO ALERT YOU TO THEIR MESSAGING RATES.

COMMUNITY GUIDELINES

Your use of our Service is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your SMS messaging address, MMS messaging address, wireless or mobile device number, email address, account or User ID. You may not use, allow or enable others to use our Service or knowingly allow use by others, in any manner that is, attempts or is likely to:

(a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else.

(b) affect adversely or reflect negatively on us, our Service or on our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of our Service, from becoming a Subscriber or from advertising, linking or becoming a supplier or licensor to us;

(c) send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, "spamming" (i.e., SPAM) or "phishing";

(d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for compensation or through links with any other web site or web pages;

(e) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware or other potentially harmful programs, material, code or information;

(f) forge any TCP/IP packet header or part of the header information in any message, email, chat or posting for any reason;

(g) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

(h) gain unauthorized access to our Service or any other users' account, User ID, names, passwords, Personal Information, Subscriber information, profile, or other computers, web sites or web pages connected or linked to our Service or to use our Service in any manner which violates or is inconsistent with these Terms of Use;

(i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Service or the rights or use and enjoyment of our Service by others; or (j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Service that is not authorized by these Terms of Use.

You are solely responsible and liable for Postings made under your User ID, name, user name, email address, password and/or your registration, subscription and/or profile information, if any. Postings do not reflect our views and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Posting, nor do we endorse or support any opinions or ideas expressed in any Posting. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Posting. If we determine, in our sole discretion, you have not complied with any of our Terms of Use or if, in our judgment, you or any Posting violates these Terms of Use, we reserve the right, at any time, without notice and without limiting any and all other rights we may have, at law or in equity, to (a) refuse to allow you to Post again, (b) remove and delete your profile, any Postings, your registration, subscription, User ID, user name or any other indicia or authorization to use all or any of our Services, (c) revoke your registration and/or subscription and right to use all or any of our Services and (d) use any technological, legal, operational or other means available to enforce these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration, subscription, access rights using your e-mail address, your User ID, user name and/or password.

To help make it easier for you to review and understand the behavior and conduct we expect you to comply with when using our Service, you should read our Community Requirements which are incorporated into and form part of these Terms of Use. The Community Requirements do not replace or change any of the terms and conditions in the Terms of Use that apply to you.

UNSOLICITED SUBMISSIONS

Do not send us any original creative ideas, suggestions, content or materials intending or requesting that we review or evaluate them for use by us or any other party. We have no obligation or responsibility whatsoever for unsolicited submissions and if you send us any for any of those purposes (including, without limitation, any User Generated Content) it will automatically become our property, without any obligation of confidence or restrictions on our use or disclosure. We will then exclusively own all rights in unsolicited submissions, including derivative works, worldwide, and we are entitled to unrestricted use for any purpose, without attribution, compensation or otherwise to you or anyone else.

ADVERTISERS; LINKS TO THIRD PARTY SITES

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of or in connection with your use of our Service. For example, we may permit advertisers to display marketing and promotional material on our Service which we feel may be of interest to you and other users. All such communication, interaction and participation is strictly and solely between you and the third party(ies) involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any such third party).

The display of URLs, hypertext links on our Service (including within messages) or any other form of re-direction of your connection to, with or through our Service (‘links’) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or web sites (or their privacy policies) or for any of their goods or services even if we have a marketing, advertising or other arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities. Our Privacy Policy describes only how we treat Personal Information we obtain from you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

OUR SERVICE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

We are also not liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of our Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of our Service.

YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, WIRELESS OR MOBILE CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF OR ARISING FROM OUR SERVICE, REGARDLESS OF THE FORM OF ACTION, THE LEGAL THEORY OR BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US $100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

You agree if you have a dispute with us or are dissatisfied with any aspect of our Service or any of the terms and conditions of your agreement with us, termination of your subscription plan, registration and use of our Service is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose. You acknowledge and agree we have no other obligation, liability or responsibility to you or any other party. Under no circumstances shall we have any obligation to refund any monies actually paid by you for the Service. Our Service has a finite, limited, capacity and some Postings and messages may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any Postings or messages or for any failure, inaccuracy or delay. Do not rely on the timeliness or performance of our Service for any transaction, Posting, message or other communication.

INDEMNIFICATION

You agree to defend and indemnify us, our parent, subsidiaries and affiliates, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, wireless or mobile carriers, operational service providers and suppliers against any and all demands, claims and actions (including, without limitation, any claim you have improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) ("Claims") and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys' fees) ("Losses") resulting from your breach or violation of these Terms of Use, or any material or Content that you Post, or otherwise make available, or your alteration, or unauthorized use or export of Content or messages, your violation of any law or regulation, or your infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.

MISCELLANEOUS

These Terms of Use are legally binding and constitute your agreement with us regarding the Service. They cannot be changed orally, by course of dealing or conduct or otherwise, but only as set forth in these Terms of Use. If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive; however, no action arising out of these Terms of Use or your use of our Service, regardless of the form of action or basis of the claim, may be brought by you more than 1 year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of that or any other term, condition or right we may have. You may not transfer or assign these Terms of Use or your right to use our Service to anyone and any attempt to do so shall be void ab initio.

If you breach (or we believe you may breach) these Terms of Use or we are notified, determine or have reason to believe you have or are engaging in conduct that violates any terms and conditions of these Terms of Use, we may deactivate, cancel, suspend or terminate your registration, subscription and any other use of our Service, in whole or in part, without notice to you. We also reserve the right to terminate your use and registration on or in any or all of our Services, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Upon termination, we may declare all monies then due, owing and outstanding immediately due and payable and we will have no liability or further obligation of any kind to you or any other person and you will not be entitled to any refund. You may terminate your registration and User ID, at any time and for any reason, by sending an email requesting termination of your registration to support@akazoo.com with your user name, password, mobile number and email address. LAW THAT APPLIES Your use of our Service and these Terms of Use, shall be governed, construed and enforced under the laws of the State of New York applicable to contracts made, executed and wholly performed in New York. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

ENTIRE AGREEMENT

The Privacy Policy, Community Requirements, if applicable the Subscription Agreement, and any Additional Terms that may apply to you, are incorporated into and form a part of these Terms of Use as if fully set forth herein and together represent the complete and exclusive statement of terms and conditions between you and us regarding the subject matter, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.

For reference:

our Privacy Policy can be reviewed at any time at http://www.akazoo.com/site/documents/privacy-policy

our Community Guidelines can be reviewed at any time at http://www.akazoo.com/site/documents/community-guidelines

and our Subscription Agreement can be reviewed at any time at http://www.akazoo.com/site/documents/subscription-agreement

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on our Service should be sent ONLY to our Designated Agent.

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, BILLING QUESTIONS, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Internetq, Inc. d/b/a Akazoo

Name of Agent Designated to Receive Notification of Claimed Infringement:

Full Address of Designated Agent to Which Notification Should be Sent:

Telephone Number of Designated Agent:

Facsimile Number of Designated Agent:

E-mail Address of Designated Agent:

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(5) Your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.