KMOB1003 Terms and Conditions

TERMS OF USE & CONDITIONS

WELCOME TO THE INTERNET SITE OF KMOB1003

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USING THE KMOB1003 SITE (“SITE”), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE KMOB1003 SITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THESE TERMS OF USE AT ANY TIME, WITH OR WITHOUT NOTICE.
YOUR AGREEMENT WITH US INCLUDES THESE TERMS AND ANY ADDITIONAL TERMS THAT YOU AGREE TO, AS DISCUSSED IN THE ENTIRE AGREEMENT SECTION BELOW, OTHER THAN TERMS WITH ANY THIRD PARTIES (COLLECTIVELY, THE “AGREEMENTS”). THE AGREEMENTS INCLUDE TERMS REGARDING FUTURE CHANGES TO THE AGREEMENTS, EXPORT CONTROLS, AUTOMATIC RENEWALS, LIMITATIONS OF LIABILITY, PRIVACY, WAIVER OF CLASS ACTIONS, AND RESOLUTION OF DISPUTES BY ARBITRATION

YOU WISH TO REVIEW THE TERMS OF THE AGREEMENTS, THE CURRENT EFFECTIVE VERSION OF THE AGREEMENTS CAN BE FOUND ON THE KMOB1003  WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE AGREEMENTS, ACCEPT THESE AGREEMENTS, AND AGREE TO BE BOUND BY THEM. IF YOU DON’T AGREE WITH (OR CANNOT COMPLY WITH) THE AGREEMENTS, THEN YOU MAY NOT USE KMOB1003 SERVICE OR ACCESS ANY CONTENT.

IN ORDER TO ACCESS AND USE THE KMOB1003 UPLOAD MUSIC SERVICE, YOU NEED TO BE AT LEAST 18 YEARS OLD AND HAVE THE POWER TO ENTER A BINDING CONTRACT WITH US AND NOT BE PREVENTED FROM DOING SO UNDER ANY LAW. IF YOU ARE UNDER 18, YOU MUST BE ABLE TO PROVIDE PROOF OF YOUR GUARDIAN’S CONSENT. YOU ALSO PROMISE THAT THE INFORMATION YOU SUBMIT TO US IS TRUE, ACCURATE AND COMPLETE, AND YOU AGREE TO KEEP IT THAT WAY AT ALL TIMES.

CHANGES TO THE AGREEMENT

OCCASIONALLY WE MAY MAKE CHANGES TO THE AGREEMENTS FOR VALID REASONS, SUCH AS IMPROVING THE EXISTING FUNCTIONS OR FEATURES OR ADDING NEW FUNCTIONS OR FEATURES TO THE SERVICE, IMPLEMENTING ADVANCEMENTS IN SCIENCE AND TECHNOLOGY, AND REASONABLE TECHNICAL ADJUSTMENTS TO THE SERVICE, ENSURING THE OPERABILITY OR THE SECURITY OF THE SERVICE, AND FOR LEGAL OR REGULATORY REASONS. WHEN WE MAKE MATERIAL CHANGES TO THE AGREEMENTS, WE’LL PROVIDE YOU WITH NOTICE AS APPROPRIATE UNDER THE CIRCUMSTANCES, E.G., BY DISPLAYING A PROMINENT NOTICE OR SEEKING YOUR AGREEMENT WITHIN THE SERVICE OR BY SENDING YOU AN EMAIL. IN SOME CASES, WE WILL NOTIFY YOU IN ADVANCE, AND YOUR CONTINUED USE OF THE SERVICE AFTER THE CHANGES HAVE BEEN MADE WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. PLEASE THEREFORE MAKE SURE YOU READ ANY SUCH NOTICE CAREFULLY. IF YOU DO NOT WISH TO CONTINUE USING THE SERVICE UNDER THE NEW VERSION OF THE AGREEMENTS, YOU MAY TERMINATE YOUR ACCOUNT BY CONTACTING US. IF YOU RECEIVED A TRIAL OR A PAID SUBSCRIPTION THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH SUCH THIRD PARTY.

USER-GENERATED CONTENT

KMOB1003 USERS MAY POST, UPLOAD, OR OTHERWISE CONTRIBUTE CONTENT TO THE SERVICE (WHICH MAY INCLUDE, FOR EXAMPLE, PICTURES, TEXT, MESSAGES, INFORMATION, PLAYLIST TITLES, DESCRIPTIONS AND COMPILATIONS, AND/OR OTHER TYPES OF CONTENT) (“USER CONTENT”). FOR THE AVOIDANCE OF DOUBT, “USER CONTENT” INCLUDES ANY SUCH CONTENT POSTED TO THE KMOB1003 SUPPORT COMMUNITY AS WELL AS ANY OTHER PART OF THE KMOB1003 SERVICE.

YOU PROMISE THAT, WITH RESPECT TO ANY USER CONTENT YOU POST ON KMOB1003, (1) YOU OWN OR HAVE THE RIGHT TO POST SUCH USER CONTENT, AND (2) SUCH USER CONTENT, OR ITS USE BY KMOB1003 AS CONTEMPLATED BY THE AGREEMENTS, DOES NOT VIOLATE THE AGREEMENTS OR ANY OTHER RIGHTS SET FORTH WITHIN THE USER GUIDELINES, APPLICABLE LAW, OR THE INTELLECTUAL PROPERTY, PUBLICITY, PERSONALITY, OR OTHER RIGHTS OF OTHERS OR IMPLY ANY AFFILIATION WITH OR ENDORSEMENT OF YOU OR YOUR USER CONTENT BY KMOB1003 OR ANY ARTIST, BAND, LABEL, ENTITY OR INDIVIDUAL WITHOUT EXPRESS WRITTEN CONSENT FROM KMOB1003 OR SUCH INDIVIDUAL OR ENTITY.

KMOB1003 MAY, BUT HAS NO OBLIGATION TO, MONITOR, REVIEW, OR EDIT USER CONTENT. IN ALL CASES, KMOB1003 RESERVES THE RIGHT TO REMOVE OR DISABLE ACCESS TO ANY USER CONTENT FOR ANY OR NO REASON, INCLUDING USER CONTENT THAT, IN KMOB1003’S SOLE DISCRETION, VIOLATES THE AGREEMENTS. KMOB1003 MAY TAKE THESE ACTIONS WITHOUT PRIOR NOTIFICATION TO YOU OR ANY THIRD PARTY. REMOVAL OR DISABLING OF ACCESS TO USER CONTENT SHALL BE AT OUR SOLE DISCRETION, AND WE DO NOT PROMISE TO REMOVE OR DISABLE ACCESS TO ANY SPECIFIC USER CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU POST. KMOB1003 IS NOT RESPONSIBLE FOR USER CONTENT NOR DOES IT ENDORSE ANY OPINION CONTAINED IN ANY USER CONTENT. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST KMOB1003 RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD KMOB1003 HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

RIGHTS YOU GRANT US

IN CONSIDERATION FOR THE RIGHTS GRANTED TO YOU UNDER THE AGREEMENTS, YOU GRANT US THE RIGHT TO (1) ALLOW THE KMOB1003 SERVICE TO USE THE PROCESSOR, BANDWIDTH, AND STORAGE HARDWARE ON YOUR DEVICE IN ORDER TO FACILITATE THE OPERATION OF THE SERVICE, (2) TO PROVIDE ADVERTISING AND OTHER INFORMATION TO YOU, AND (3) TO ALLOW OUR BUSINESS PARTNERS TO DO THE SAME. IN ANY PART OF THE KMOB1003 SERVICE, THE CONTENT YOU ACCESS, INCLUDING ITS SELECTION AND PLACEMENT, MAY BE INFLUENCED BY COMMERCIAL CONSIDERATIONS, INCLUDING KMOB1003’S AGREEMENTS WITH THIRD PARTIES. SOME CONTENT LICENSED BY, PROVIDED TO, CREATED BY OR OTHERWISE MADE AVAILABLE BY KMOB1003 (E.G. PODCASTS) MAY CONTAIN ADVERTISING AS PART OF THE CONTENT. THE KMOB1003 SERVICE MAKES SUCH CONTENT AVAILABLE TO YOU UNMODIFIED.

IF YOU PROVIDE FEEDBACK, IDEAS, OR SUGGESTIONS TO KMOB1003 IN CONNECTION WITH THE KMOB1003 SERVICE OR CONTENT (“FEEDBACK”), YOU ACKNOWLEDGE THAT THE FEEDBACK IS NOT CONFIDENTIAL AND YOU AUTHORIZE KMOB1003 TO USE THAT FEEDBACK WITHOUT RESTRICTION AND WITHOUT PAYMENT TO YOU. FEEDBACK IS CONSIDERED A TYPE OF USER CONTENT.

KMOB1003 RESPECTS INTELLECTUAL PROPERTY RIGHTS AND EXPECTS YOU TO DO THE SAME. WE’VE ESTABLISHED A FEW GROUND RULES FOR YOU TO FOLLOW WHEN USING THE SERVICE, TO MAKE SURE KMOB1003 STAYS ENJOYABLE FOR EVERYONE. YOU MUST FOLLOW THESE RULES AND SHOULD ENCOURAGE OTHER USERS TO DO THE SAME.THE FOLLOWING IS NOT PERMITTED FOR ANY REASON WHATSOEVER:

1. COPYING, REDISTRIBUTING, REPRODUCING, “RIPPING,” RECORDING, TRANSFERRING, PERFORMING OR DISPLAYING TO THE PUBLIC, BROADCASTING, OR MAKING AVAILABLE TO THE PUBLIC ANY PART OF THE KMOB1003 SERVICE OR THE CONTENT, OR OTHERWISE MAKING ANY USE OF THE KMOB1003 SERVICE OR THE CONTENT WHICH IS NOT EXPRESSLY PERMITTED UNDER THE AGREEMENTS OR APPLICABLE LAW OR WHICH OTHERWISE INFRINGES THE INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHT) IN THE KMOB1003 SERVICE OR THE CONTENT OR ANY PART OF IT;
2. USING THE KMOB1003 SERVICE TO IMPORT OR COPY ANY LOCAL FILES THAT YOU DO NOT HAVE THE LEGAL RIGHT TO IMPORT OR COPY IN THIS WAY;
3. TRANSFERRING COPIES OF CACHED CONTENT FROM AN AUTHORIZED DEVICE TO ANY OTHER DEVICE VIA ANY MEANS;
4. REVERSE-ENGINEERING, DECOMPILING, DISASSEMBLING, MODIFYING, OR CREATING DERIVATIVE WORKS OF THE KMOB1003 SERVICE, CONTENT OR ANY PART THEREOF EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW. [IF APPLICABLE LAW ALLOWS YOU TO DECOMPILE ANY PART OF THE KMOB1003 SERVICE OR THE CONTENT WHERE REQUIRED IN ORDER TO OBTAIN THE INFORMATION NECESSARY TO CREATE AN INDEPENDENT PROGRAM THAT CAN BE OPERATED WITH THE KMOB1003 SERVICE OR WITH ANOTHER PROGRAM, THE INFORMATION YOU OBTAIN FROM SUCH ACTIVITIES (A) MAY ONLY BE USED FOR THE FOREGOING OBJECTIVE, (B) MAY NOT BE DISCLOSED OR COMMUNICATED WITHOUT KMOB1003’S PRIOR WRITTEN CONSENT TO ANY THIRD PARTY TO WHOM IT IS NOT NECESSARY TO DISCLOSE OR COMMUNICATE IN ORDER TO ACHIEVE THAT OBJECTIVE, AND (C) MAY NOT BE USED TO CREATE ANY SOFTWARE OR SERVICE THAT IS SUBSTANTIALLY SIMILAR IN ITS EXPRESSION TO ANY PART OF THE KMOB1003 SERVICE OR THE CONTENT];
5. CIRCUMVENTING ANY TECHNOLOGY USED BY KMOB1003, ITS LICENSORS, OR ANY THIRD PARTY TO PROTECT THE CONTENT OR THE SERVICE;
6. SELLING, RENTING, SUBLICENSING, OR LEASING OF ANY PART OF THE KMOB1003 SERVICE OR THE CONTENT;
7. CIRCUMVENTING ANY TERRITORIAL RESTRICTIONS APPLIED BY KMOB1003 OR ITS LICENSORS;
8. ARTIFICIALLY INCREASING PLAY COUNTS, FOLLOW COUNTS, OR OTHERWISE MANIPULATING THE SERVICE BY (I) USING ANY BOT, SCRIPT, OR OTHER AUTOMATED PROCESS; (II) PROVIDING OR ACCEPTING ANY FORM OF COMPENSATION (FINANCIAL OR OTHERWISE), OR (III) ANY OTHER MEANS;
9. REMOVING OR ALTERING ANY COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY NOTICES CONTAINED ON THE CONTENT OR THE SERVICE OR PROVIDED THROUGH THE SERVICE (INCLUDING FOR THE PURPOSE OF DISGUISING OR CHANGING ANY INDICATIONS OF THE OWNERSHIP OR SOURCE OF ANY CONTENT);
10. CIRCUMVENTING OR BLOCKING ADVERTISEMENTS IN THE KMOB1003 SERVICE, OR CREATING OR DISTRIBUTING TOOLS DESIGNED TO BLOCK ADVERTISEMENTS IN THE KMOB1003 SERVICE
11. PROVIDING YOUR PASSWORD TO ANY OTHER PERSON OR USING ANY OTHER PERSON’S USERNAME AND PASSWORD;
12. “CRAWLING” THE KMOB1003 SERVICE OR OTHERWISE USING ANY AUTOMATED MEANS (INCLUDING BOTS, SCRAPERS, AND SPIDERS) TO VIEW, ACCESS, OR COLLECT INFORMATION FROM KMOB1003 OR THE KMOB1003 SERVICE;
13. SELLING A USER ACCOUNT OR PLAYLIST, OR OTHERWISE ACCEPTING OR OFFERING TO ACCEPT ANY COMPENSATION, FINANCIAL OR OTHERWISE, TO INFLUENCE THE NAME OF AN ACCOUNT OR PLAYLIST OR THE CONTENT INCLUDED ON AN ACCOUNT OR PLAYLIST; OR
14. ARTIFICIALLY PROMOTING CONTENT BY AUTOMATED MEANS OR OTHERWISE.

PLEASE RESPECT KMOB1003, THE OWNERS OF THE CONTENT, AND OTHER USERS OF THE KMOB1003 SERVICE. DON’T ENGAGE IN ANY ACTIVITY, POST ANY USER CONTENT, OR REGISTER AND/OR USE A USERNAME, WHICH IS OR INCLUDES MATERIAL THAT:

1. IS OFFENSIVE, ABUSIVE, DEFAMATORY, PORNOGRAPHIC, THREATENING, OR OBSCENE;
2. IS ILLEGAL, OR INTENDED TO PROMOTE OR COMMIT AN ILLEGAL ACT OF ANY KIND, INCLUDING VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR PROPRIETARY RIGHTS OF KMOB1003 OR A THIRD PARTY;
3. INCLUDES YOUR PASSWORD OR PURPOSELY INCLUDES ANY OTHER USER’S PASSWORD OR PURPOSELY INCLUDES PERSONAL DATA OF THIRD PARTIES OR IS INTENDED TO SOLICIT SUCH PERSONAL DATA;
4. INCLUDES MALICIOUS CONTENT SUCH AS MALWARE, TROJAN HORSES, OR VIRUSES, OR OTHERWISE INTERFERES WITH ANY USER’S ACCESS TO THE SERVICE;
5. IS INTENDED TO OR DOES HARASS OR BULLY OTHER USERS;
6. IMPERSONATES OR MISREPRESENTS YOUR AFFILIATION WITH ANOTHER USER, PERSON, OR ENTITY, OR IS OTHERWISE FRAUDULENT, FALSE, DECEPTIVE, OR MISLEADING;
7. INVOLVES THE TRANSMISSION OF UNSOLICITED MASS MAILINGS OR OTHER FORMS OF SPAM (“SPAM”), JUNK MAIL, CHAIN LETTERS, OR SIMILAR;
8. INVOLVES COMMERCIAL OR SALES ACTIVITIES, SUCH AS ADVERTISING, PROMOTIONS, CONTESTS, SWEEPSTAKES, OR PYRAMID SCHEMES, THAT ARE NOT EXPRESSLY AUTHORIZED BY KMOB1003;
9. LINKS TO, REFERENCES, OR OTHERWISE PROMOTES COMMERCIAL PRODUCTS OR SERVICES, EXCEPT AS EXPRESSLY AUTHORIZED BY KMOB1003;
10. INTERFERES WITH OR IN ANY WAY DISRUPTS THE KMOB1003 SERVICE, TAMPERS WITH, BREACHES, OR ATTEMPTS TO PROBE, SCAN, OR TEST FOR VULNERABILITIES IN THE SERVICE OR KMOB1003’S COMPUTER SYSTEMS, NETWORK, USAGE RULES, OR ANY OF KMOB1003’S SECURITY COMPONENTS, AUTHENTICATION MEASURES OR ANY OTHER PROTECTION MEASURES APPLICABLE TO THE SERVICE, THE CONTENT OR ANY PART THEREOF; OR
11. CONFLICTS WITH THE AGREEMENTS, AS DETERMINED BY KMOB1003.
12. YOU ACKNOWLEDGE AND AGREE THAT POSTING ANY USER CONTENT THAT VIOLATES THESE USER GUIDELINES (OR THAT KMOB1003 REASONABLY BELIEVES VIOLATES THESE USER GUIDELINES) MAY RESULT IN IMMEDIATE TERMINATION OR SUSPENSION OF YOUR KMOB1003 ACCOUNT. YOU ALSO AGREE THAT KMOB1003 MAY RECLAIM YOUR USERNAME WHERE IT IS REASONABLE FOR US TO DO SO, INCLUDING IF YOU HAVE VIOLATED THE AGREEMENTS.

PLEASE BE THOUGHTFUL ABOUT HOW YOU USE THE KMOB1003 SERVICE AND WHAT YOU SHARE. THE KMOB1003 SERVICE INCLUDES SOCIAL AND INTERACTIVE FEATURES, INCLUDING THE ABILITY TO POST USER CONTENT, SHARE CONTENT, AND MAKE CERTAIN INFORMATION ABOUT YOU PUBLIC. REMEMBER THAT SHARED OR PUBLICLY AVAILABLE INFORMATION MAY BE USED AND RE-SHARED BY OTHER USERS ON KMOB1003 OR ACROSS THE WEB, SO PLEASE USE KMOB1003 CAREFULLY AND BE MINDFUL OF YOUR ACCOUNT SETTINGS.KMOB1003 HAS NO RESPONSIBILITY FOR YOUR CHOICES TO POST MATERIAL ON THE SERVICE.

YOUR PASSWORD PROTECTS YOUR USER ACCOUNT, AND YOU ARE SOLELY RESPONSIBLE FOR KEEPING YOUR PASSWORD CONFIDENTIAL AND SECURE. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR ALL USE (INCLUDING ANY UNAUTHORIZED USE) OF YOUR USERNAME AND PASSWORD ON THE SERVICE. IF YOUR USERNAME OR PASSWORD IS LOST OR STOLEN, OR IF YOU BELIEVE THERE HAS BEEN UNAUTHORIZED ACCESS TO YOUR ACCOUNT BY A THIRD PARTY, YOU MUST NOTIFY US IMMEDIATELY AND CHANGE YOUR PASSWORD AS SOON AS POSSIBLE.

INFRINGEMENT AND REPORTING USER CONTENT

KMOB1003 RESPECTS THE RIGHTS OF INTELLECTUAL PROPERTY OWNERS. IF YOU BELIEVE THAT ANY CONTENT INFRINGES YOUR INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, SEE KMOB1003’S COPYRIGHT POLICY. IF KMOB1003 IS NOTIFIED BY A COPYRIGHT HOLDER, USING THE FORMS PROVIDED BY KMOB1003, THAT ANY CONTENT INFRINGES A COPYRIGHT, KMOB1003 MAY IN ITS SOLE DISCRETION REMOVE SUCH CONTENT FROM THE SERVICE, OR TAKE OTHER STEPS THAT KMOB1003 DEEMS APPROPRIATE, WITHOUT PRIOR NOTIFICATION TO THE USER OR OTHER PARTY WHO SUPPLIED OR POSTED THAT CONTENT. IF SUCH USER OR OTHER PARTY BELIEVES THAT THE CONTENT IS NOT INFRINGING, HE OR SHE MAY IN CERTAIN CIRCUMSTANCES SUBMIT A COUNTER-NOTIFICATION TO KMOB1003 WITH A REQUEST TO RESTORE THE REMOVED CONTENT, WHICH KMOB1003 MAY OR MAY NOT HONOR, IN KMOB1003’S SOLE DISCRETION.

CONTENT AND OPINIONS

ALL VIEWS EXPRESSED ON KMOB1003 ARE THOSE OF INDIVIDUAL SHOWS HOSTS AND THEIR GUESTS ONLY AND DO NOT NECESSARILY REPRESENT THE VIEWS OF, AND SHOULD NOT BE ATTRIBUTED TO, KMOB1003, ITS MANAGEMENT, ITS EMPLOYEES, OR ITS SPONSORS.

KMOB1003 MAKES NO REPRESENTATION CONCERNING AND DOES NOT GUARANTEE THE SOURCE, ORIGINALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY STATEMENT, INFORMATION, DATA, FINDING INTERPRETATION, ADVICE, OPINION, OR VIEW PRESENTED ON KMOB1003.

PRIVACY POLICY

SEE OUR PRIVACY POLICY.

LINKED CONTENT

THIS SITE MAY HAVE LINKS TO OTHER WEBSITES. KMOB1003 DOES NOT MONITOR OR CONTROL THESE OTHER SITES AND IS NOT LIABLE OR RESPONSIBLE FOR ANYTHING ON THOSE SITES. THE EXISTENCE OF A LINK DOES NOT MEAN THAT WE ENDORSE OR RECOMMEND THE LINKED SITE.

DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. KMOB1003 AND ITS MANAGEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KMOB1003 AND ITS MANAGEMENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. KMOB1003 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. KMOB1003 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE KMOB1003 SITE.

SUBMISSIONS

TO AVOID MISUNDERSTANDINGS, WE DO NOT ACCEPT UNSOLICITED CREATIVE IDEAS, SUGGESTIONS, OR MATERIALS OTHER THAN THOSE WE HAVE SPECIFICALLY REQUESTED. IF THROUGH PARTICIPATION IN CERTAIN ACTIVITIES, YOU SEND ANY MATERIAL (E.G., CONTESTS) OR, DESPITE OUR REQUEST, YOU SEND US UNSOLICITED CREATIVE SUGGESTIONS, IDEAS, NOTES, DRAWINGS, CONCEPTS, OR OTHER INFORMATION (COLLECTIVELY, THE “SUBMISSIONS”), THE SUBMISSIONS SHALL BE DEEMED AND SHALL REMAIN OUR PROPERTY. NONE OF THE SUBMISSIONS SHALL BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY ON OUR PART, AND WE SHALL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF ANY SUBMISSIONS. WITHOUT LIMITATION OF THE FOREGOING, WE SHALL EXCLUSIVELY OWN ALL NOW-KNOWN OR HEREAFTER EXISTING RIGHTS TO THE SUBMISSIONS OF EVERY KIND AND NATURE THROUGHOUT THE UNIVERSE AND SHALL BE ENTITLED TO UNRESTRICTED USE OF THE SUBMISSIONS FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO THE PROVIDER OF THE SUBMISSIONS OR ANY OTHER PERSON OR ENTITY.

YOUR MUSIC, MATERIALS AND INFORMATION

WHEN YOU UPLOAD YOUR RECORDINGS THROUGH OUR SERVICES, YOU ARE ASKED TO SUBMIT METADATA AS WELL AS COVER ARTWORK FOR USE ON THE STORES. YOU SUBMIT THE RECORDINGS, COVER ARTWORK AND ANY OTHER INFORMATION AND MATERIAL (JOINTLY “MATERIAL”) AT YOUR OWN EXPENSE AND IN FORMATS REQUIRED FOR USE ON THE STORES. YOU ARE FULLY RESPONSIBLE FOR EVERYTHING YOU SUBMIT TO US. IF WE FIND IT UNSUITABLE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, REMOVE THE INFORMATION AND/OR PREVENT YOU FROM USING OUR SERVICES AND/OR ANY OR ALL STORES. YOU SUBMIT THE RECORDINGS TO US IN A PRE-AGREED FORMAT AND FOR A PRE-AGREED RELEASE DATE.

WE WILL ALWAYS DO OUR BEST TO PERFORM THE SERVICES. KMOB1003 IS, HOWEVER, NOT RESPONSIBLE FOR ANY THIRD-PARTY FAILURES IN DISTRIBUTING THE RECORDINGS OR MATERIALS OR REMOVING THE SAME OR ANY FAILURES BY YOU TO ADHERE TO THE INSTRUCTIONS GIVEN FOR DISTRIBUTION OF YOUR RECORDINGS..

WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE KMOB1003 SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. KMOB1003 AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER KMOB1003 NOR ANY OWNER OF CONTENT WARRANTS THAT THE KMOB1003 SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, KMOB1003 MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE KMOB1003 SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND KMOB1003 IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.

NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM KMOB1003 SHALL CREATE ANY WARRANTY ON BEHALF OF KMOB1003. WHILE USING THE KMOB1003 SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.

WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING KMOB1003’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

LIMITATION

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE KMOB1003 SERVICE IS TO UNINSTALL ANY KMOB1003 SOFTWARE AND TO STOP USING THE KMOB1003 SERVICE. YOU AGREE THAT KMOB1003 HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE KMOB1003 SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO KMOB1003, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL KMOB1003, ITS OFFICERS, , EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE KMOB1003 SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER KMOB1003 HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE KMOB1003 SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO KMOB1003 DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND KMOB1003’S REASONABLE CONTROL.

NOTHING IN THE AGREEMENTS REMOVES OR LIMITS KMOB1003’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

THIRD PARTY RIGHTS

YOU ACKNOWLEDGE AND AGREE THAT THE OWNERS OF THE CONTENT AND CERTAIN DISTRIBUTORS (SUCH AS APP STORE PROVIDERS) ARE INTENDED BENEFICIARIES OF THE AGREEMENTS AND HAVE THE RIGHT TO ENFORCE THE AGREEMENTS DIRECTLY AGAINST YOU. OTHER THAN AS SET OUT IN THIS SECTION, THE AGREEMENTS ARE NOT INTENDED TO GRANT RIGHTS TO ANYONE EXCEPT YOU AND KMOB1003, AND IN NO EVENT SHALL THE AGREEMENTS CREATE ANY THIRD PARTY BENEFICIARY RIGHTS. FURTHERMORE, THE RIGHTS TO TERMINATE, RESCIND, OR AGREE TO ANY VARIATION, WAIVER, OR SETTLEMENT OF THE AGREEMENTS ARE NOT SUBJECT TO THE CONSENT OF ANY OTHER PERSON.

IF YOU HAVE DOWNLOADED THE APP FROM THE APPLE, INC. (“APPLE”) APP STORE OR IF YOU ARE USING THE APP ON AN IOS DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE FOLLOWING NOTICE REGARDING APPLE. THIS AGREEMENT IS BETWEEN YOU AND KMOB1003 ONLY, NOT WITH APPLE, AND APPLE IS NOT RESPONSIBLE FOR THE SERVICE AND THE CONTENT THEREOF. APPLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE SERVICE. IN THE EVENT OF ANY FAILURE OF THE SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY, THEN YOU MAY NOTIFY APPLE AND APPLE WILL REFUND ANY APPLICABLE PURCHASE PRICE FOR THE APP TO YOU; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE HAS NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE. APPLE IS NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE SERVICE OR YOUR POSSESSION AND/OR USE OF THE SERVICE, INCLUDING: (1) PRODUCT LIABILITY CLAIMS; (2) ANY CLAIM THAT THE SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (3) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. APPLE IS NOT RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY THIRD PARTY CLAIM THAT THE SERVICE AND/OR YOUR POSSESSION AND USE OF THE APP INFRINGE THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. YOU AGREE TO COMPLY WITH ANY APPLICABLE THIRD PARTY TERMS, WHEN USING THE SERVICE.APPLE, AND APPLE’S SUBSIDIARIES, ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, AND UPON YOUR ACCEPTANCE OF THIS AGREEMENT, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS AGREEMENT AGAINST YOU AS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT. YOU HEREBY REPRESENT AND WARRANT THAT (1) 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 (2) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

AMENDMENT

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THESE TERMS OF USE AT ANY TIME, WITH OR WITHOUT NOTICE. WE WILL POST NOTICE OF ANY SUCH CHANGE, MODIFICATION, ADDITION, OR DELETION ON THE WEB SITE COVERED BY THESE TERMS OF USE. ANY SUCH CHANGE, MODIFICATION, ADDITION, OR DELETION WILL BE EFFECTIVE SEVEN (7) CALENDAR DAYS FOLLOWING OUR POSTING OF SUCH NOTICE ON THE WEB SITES COVERED BY THESE TERMS OF USE.

IF YOU HAVE ANY QUESTIONS CONCERNING KMOB1003 SERVICE OR THE AGREEMENTS, PLEASE CONTACT KMOB1003 CUSTOMER SERVICE BY VISITING THE ABOUT US SECTION OF OUR WEBSITE.

THANK YOU FOR READING OUR TERMS. WE HOPE YOU ENJOY KMOB1003!

CUSTOMER SERVICE

2772 GATEWAY ROAD #200

CARLSBAD, CA 92109

(858) 886-8988

INFO@KMOB1003.COM