Effective Date: November 1, 2020
Last Updated: August 2, 2026
Music Daily is owned and operated by American Weekend Entertainment, Inc. (“AWE,” “Music Daily,” “we,” “us,” or “our”).
These Terms of Use (“Terms”) govern your access to and use of MusicDaily.com and the websites, editorial content, features, and services operated by Music Daily (collectively, the “Music Daily Services”).
Certain artist pages, fan experiences, campaign pages, registration features, and related services appearing on MusicDaily.com or Music Daily subdomains are operated and managed by Signl Networks, Inc. (“Signl”), as described below.
By accessing or using the Music Daily Services, you agree to these Terms.
If you do not agree, please do not use the Music Daily Services.
Music Daily is a music media and entertainment platform providing editorial coverage, artist discovery, interviews, videos, music-related content, promotions, advertising, sponsorship experiences, and related services.
Music Daily also provides a digital publishing and distribution environment through which certain Signl-operated artist and fan experiences may be presented.
The appearance of a Signl-operated experience on MusicDaily.com or a Music Daily subdomain does not mean that AWE operates the underlying Signl service.
Certain artist pages, fan experiences, campaign pages, registration features, fan hubs, and related functionality appearing on MusicDaily.com or Music Daily subdomains are operated and managed by Signl Networks, Inc.
These experiences may include:
Artist fan registration
Fan profiles or communities
Artist news and updates
Fan perks, rewards, drops, and exclusive content
Email and text communications
Campaign and sponsorship experiences
Audience engagement features
Fan relationship and preference management
Analytics and measurement
Other artist-to-fan engagement features
Although these experiences may appear within the Music Daily domain or carry Music Daily branding, Signl is responsible for operating the applicable Signl-powered functionality.
Your use of a Signl-operated experience may therefore also be subject to Signl’s Terms of Use, Privacy Policy, SMS Terms & Conditions, consent disclosures, and any other terms presented in connection with that experience.
Where Signl’s terms apply specifically to the operation of a Signl-powered feature or experience, those terms will govern your use of that feature or experience. These Music Daily Terms continue to govern your use of Music Daily’s editorial content and other Music Daily Services.
Music Daily’s collection and use of personal information through the Music Daily Services is described in the applicable Music Daily Privacy Policy.
Personal information collected through a Signl-operated artist page, fan registration, campaign, form, or other Signl-powered experience may instead be collected, used, processed, or shared as described in the Signl Privacy Policy and the disclosures presented at the point of collection.
Depending on the experience, information may also be collected for or shared with a participating artist, sponsor, agency, or other identified partner as disclosed at the time of collection or in the applicable privacy notice.
Please review the privacy disclosures associated with the particular service or experience you use.
You must be legally permitted to use the Music Daily Services.
Certain promotions, contests, campaigns, events, fan experiences, or other services may have additional age, residency, or eligibility requirements.
If an experience has additional eligibility requirements, those requirements will be disclosed in connection with that experience.
Music Daily publishes news, commentary, interviews, reviews, features, videos, and other editorial content relating to music, artists, entertainment, and culture.
Editorial content is provided for informational and entertainment purposes.
Opinions expressed by artists, writers, interview subjects, contributors, or other third parties do not necessarily represent the views of AWE or Music Daily.
Music Daily may feature artists through editorial coverage, interviews, videos, social content, promotions, campaigns, and Signl-operated fan experiences.
References to, coverage of, or the appearance of an artist on Music Daily do not necessarily imply endorsement, sponsorship, employment, agency, management, representation, or another formal relationship with AWE, Music Daily, or Signl unless expressly stated.
Participating artists may have separate contractual relationships with AWE, Signl, agencies, managers, sponsors, or other parties.
Artist names, images, likenesses, music, artwork, trademarks, and other artist materials remain the property of their respective owners or licensors.
Music Daily may display advertising and publish, distribute, or participate in sponsored content, branded content, promotions, campaigns, fan perks, offers, and other commercial experiences.
Commercial relationships and sponsored content will be identified where required by applicable law.
Certain sponsored experiences may be delivered through Signl-operated artist pages, fan experiences, or campaigns and may involve participating artists, brands, agencies, and other partners.
Participation in a sponsored experience may be subject to additional terms, disclosures, eligibility requirements, or official rules.
Certain Music Daily or Signl-operated experiences may provide you with the opportunity to receive email, SMS, MMS, or other communications.
Where consent is required by law, promotional communications will be sent based on the consent obtained in connection with the applicable signup or experience.
Consent to receive marketing text messages is not a condition of purchasing goods or services.
Text messaging programs operated by Signl or participating artists may be subject to separate SMS Terms & Conditions presented or linked at the time of signup.
You may unsubscribe from marketing emails using the unsubscribe mechanism provided in the communication and may opt out of applicable text messaging programs as described in the relevant SMS Terms or message instructions.
The Music Daily Services and Music Daily-owned content, branding, trademarks, graphics, designs, text, and other materials are owned by or licensed to American Weekend Entertainment, Inc. and are protected by applicable intellectual-property laws.
Signl-owned technology, software, interfaces, systems, trademarks, designs, and other materials remain the property of Signl Networks, Inc. or its licensors.
Third-party music, photographs, videos, artist materials, trademarks, brand materials, and other content remain the property of their respective owners or licensors.
Except as expressly permitted, you may not reproduce, distribute, modify, publish, commercially exploit, create derivative works from, or otherwise use protected Music Daily content without authorization.
You may not:
Use the Music Daily Services for unlawful, fraudulent, or abusive purposes
Attempt unauthorized access to systems, accounts, networks, or data
Interfere with website security, integrity, availability, or operation
Introduce malware, malicious code, or other harmful technology
Use automated means to scrape, harvest, copy, or extract content or information except as expressly permitted
Impersonate another person, artist, company, or organization
Submit fraudulent, deceptive, unlawful, defamatory, infringing, or harmful material
Circumvent access, authentication, rate, or security restrictions
Use the Music Daily Services in a manner that infringes intellectual-property, privacy, publicity, or other rights
Violate the rights of Music Daily, AWE, Signl, participating artists, sponsors, partners, or other users
If Music Daily permits you to submit comments, photographs, videos, responses, feedback, contest entries, or other material (“User Submissions”), you represent that you have the rights necessary to submit that material and that your submission does not violate applicable law or another party’s rights.
You grant AWE a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, and otherwise use your User Submission as reasonably necessary to operate, administer, promote, or provide the feature or experience for which it was submitted.
Where a User Submission is made through a Signl-operated experience, additional Signl terms may apply.
Additional rules or permissions may also apply to contests, promotions, testimonials, social-media campaigns, and other user-generated-content experiences.
Music Daily may link to or integrate with independent third-party services, including streaming platforms, social networks, video services, ticketing platforms, merchandise providers, payment providers, advertisers, sponsors, and artist websites.
AWE and Music Daily do not control independent third-party services.
Your use of a third-party service may be governed by that third party’s own terms, privacy policies, and practices.
A link to or integration with a third-party service does not necessarily constitute endorsement of that service.
Promotions, contests, sweepstakes, giveaways, and similar experiences may be governed by separate official rules or additional terms.
Where official rules or additional terms conflict with these Terms regarding a particular promotion, the official rules or additional terms will control for that promotion.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUSIC DAILY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
AWE AND MUSIC DAILY DO NOT WARRANT THAT THE MUSIC DAILY SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, COMPLETE, ACCURATE, OR SECURE OR THAT THIRD-PARTY CONTENT, PRODUCTS, OFFERS, SERVICES, OR EXPERIENCES WILL MEET YOUR EXPECTATIONS.
AWE AND MUSIC DAILY ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR OPERATION OF INDEPENDENT THIRD-PARTY SERVICES.
Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AWE, MUSIC DAILY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE MUSIC DAILY SERVICES.
TO THE EXTENT A FEATURE OR EXPERIENCE IS OPERATED BY SIGNL, RESPONSIBILITY FOR SIGNL’S OPERATION OF THAT FEATURE OR EXPERIENCE WILL BE GOVERNED BY THE APPLICABLE SIGNL TERMS.
Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AWE, Music Daily, and their officers, directors, employees, and agents from claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful misuse of the Music Daily Services, violation of these Terms, or submission of material that violates another party’s rights.
We may modify, suspend, restrict, or discontinue portions of the Music Daily Services.
We may restrict or terminate access where reasonably necessary to protect our services, users, artists, partners, systems, intellectual property, or legal rights or to comply with applicable law.
We may update these Terms periodically to reflect changes to our services, business practices, technology, or legal requirements.
Revised Terms will be posted with an updated “Last Updated” date.
Additional notice will be provided where required by applicable law.
Your continued use of the Music Daily Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or of our right to enforce it later.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable consumer-protection or other law requires otherwise.
Questions concerning these Terms may be directed to:
American Weekend Entertainment, Inc.
Music Daily
Email: Contact@musicdaily.com
STED THE UPDATED VERSION, YOU ARE ACCEPTING THE UPDATED TERMS.
You must be at least 13 years old to use the Sites. If you are between the ages of 13 and 18, you may use the Sites only if your parent or legal guardian has reviewed our Terms and has consented to your use of our Sites.
What These Terms Cover
Our Sites allow you to access content that we create or provide, such as articles and videos (our “Content”). You may be able to access the same Content on other platforms and services (for example, our official social media accounts). If you are viewing our Content on a platform or service we do not control (“Third Party Site”), then you will be subject to the Third Party Site’s terms of use and privacy policy, and not to these Terms. We encourage you to review the policies of any Third Party Site you visit.
Certain Sites or parts of our Sites may allow you to create a user account and login to access certain Site Features. You may also be able to post comments and other content to community message boards and forums. These Terms cover all of these activities as well as your access to and interaction with our Content.
Our Sites may link to or otherwise allow you to access Third Party Sites. When you access a Third Party Site, you are leaving our Sites and these Terms will no longer apply. The terms of use and privacy policy of the Third Party Site will apply to any activities you conduct while on the Third Party Site.
Our Content and Intellectual Property
Our Sites, our Content and any associated information, software, scripts, interactive features (collectively, our “Intellectual Property”) are protected by copyrights, trademarks, patents, or other proprietary rights under intellectual property laws. We, our affiliates, and our licensors own and control all right, title, and interest to our Intellectual Property, to the fullest extent permitted by law.
Subject to your strict compliance with our Terms, we grant to you a limited, non-transferable and non-sublicensable, non-exclusive, revocable license solely to use our Sites for your personal, noncommercial use, and in the case of any application (“App”) offered by us, to download, install, and use the App in executable object code format only on your personal device(s) for your personal, noncommercial use. Your use of our App may be governed by its own Terms (including privacy policy), and may also be subject to the terms of use and policies of the app store you use to download the App. We reserve all rights not expressly granted to you in our Terms.
Our Editorial Policy
Our Sites participate in various affiliate marketing programs, which means we are paid a commission on purchases made through our links to third-party retailer sites. However, our editorial content is not influenced by our advertisers or by any affiliate partnerships we may have.
User Content
You may be able to post your own comments and other content to certain portions of our Sites. All content added, uploaded or posted, distributed, or otherwise made available by users (“User Content”) remains the sole responsibility of the user who originally provided the User Content. By posting User Content to our Sites, you grant us and our agents a worldwide, perpetual, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, transmit, display, perform, or publish your User Content on our Sites in any medium, and edit or modify your User Content (including the creation of derivative works), and to use or otherwise commercially exploit such User Content, including, without limitation, by running paid advertising on or adjacent to your User Content and by promoting and redistributing part or all of our Sites. You also irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You represent and warrant that you have all rights to your User Content and that you have the power to license your User Content to us without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. By posting your User Content to our Sites, you agree to defend, indemnify, and hold us harmless against all claims arising out of your User Content.
You are solely responsible for your User Content, including making sure that it complies with our Terms. We may choose in our sole discretion to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, we may do so at any time without notice to you. We are not required to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, you remain solely responsible for your User Content and any liability resulting from it.
If you choose to visit portions of our Site where User Content is displayed or otherwise available, you understand that you may be exposed to content you find offensive, objectionable, harmful, inaccurate, or deceptive, and you understand that we are not responsible for your User Content or for the User Content of other users of our Sites.
Third Party Content
Our Sites may contain links to Third Party Sites, services, and advertisements (collectively, “Third Party Content”). We do not control Third Party Content and are not responsible for any information or content contained within it. We provide Third Party Content only as a convenience and may not review, approve, monitor, endorse, warrant, or make any representations with respect to it. If we do choose to review Third Party Content, we do so at our sole discretion and do not have any liability towards you as a result of reviewing Third Party Content. You use Third Party Content at your own risk and remain solely responsible for any liability resulting from Third Party Content.
Third Party Content is not governed by these Terms and is usually governed by the terms of use and policies of the third party that provides the Third Party Content. You should review that third party’s terms of use and policies and carry out any other investigation you deem appropriate before using its Third Party Content.
Access of Our Content Outside of the U.S.
We make no claims that our Content (including User Content) or our Sites may be lawfully viewed or downloaded by all individuals, or that it may be lawfully viewed or downloaded outside of the United States. Some Content or Site features may not be legally accessed or viewed by certain persons or in certain countries. If you access our Sites or Content (including User Content) from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Our Acceptable Use Policy
You may use our Sites and Content only so long as you do not use them for any purpose that is prohibited by our Terms. You are responsible for all activities you carry out in relation to our Sites and Content.
Your use of our Sites is subject to the following restrictions under our Acceptable Use Policy.
You may not:
· License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Sites or our Content;
· Modify, make derivative works of, disassemble, reverse-compile, or reverse-engineer any part of the Sites or any of our Content;
· Access and use our Sites or Content to build a similar or competitive service;
· Violate our intellectual property rights, or the intellectual property rights of any third party;
· Violate any law, regulation, or ordinance applicable to you or your use of our Sites and Content;
· Remove any copyright, trademark, or similar notice from our Sites or Content;
· Harvest or otherwise collect information or date regarding other users of our Sites or Content;
· Take any action that imposes or may impose unreasonable stress on our infrastructure;
· Bypass or circumvent any security or rights-protection measures related to our Sites and Content;
· Perform, copy, reproduce, distribute, republish, download, display, broadcast, post, or transit any part of our Sites or Content in any form or via any medium, unless expressly permitted by us in writing;
· Use software or automated scripts to create multiple user accounts, generate automated searches and queries, or mine data from our Sites and Content (except that operators of public search engines are granted revocable permission to use spiders to copy our Sites and Content solely to the extent necessary to create a publicly available, searchable index of such materials, and expressly excluding the creation of caches or archives); or
· Modify, translate, or otherwise create derivative works of our Sites or Content, unless expressly permitted by us in writing.
You also may not upload, post, or otherwise make available to us or via the Sites any User Content that:
· Violates any law, regulation, ordinance, or contractual duty;
· Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any other person or entity;
· Is false, misleading, deceptive, inaccurate (including “bait and switch” or unauthorized impersonations of any person or entity);
· Is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, profane, or harmful to minors in any way;
· Harasses, degrades, intimidates, or is hateful towards an individual or a group of individuals;
· Is unauthorized or unsolicited advertising, branding, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
· Restricts or inhibits any other user from using and enjoying our Sites and Content;
· Contains viruses or any other computer script, code, file, or program that is designed or intended to disrupt, damage, or otherwise interfere with the proper function of our Sites and Content, or to obtain unauthorized access to any system, password, database, or information;
· Includes anyone’s personal information, private communications, or sensitive financial information without their permission;
· Re-posts or redistributes any User Content that violates our Terms.
The above restrictions also apply to your use of any User Content that you do not yourself provide.
If you violate our Acceptable Use Policy, we may take any action we deem necessary, including suspension or termination of your access to our Sites and Content and of any user logins and accounts you may have with us, and the provision of information about you to the appropriate legal authorities. If we terminate your access to our Sites and Content, any right you have to use our Sites and Content shall be automatically and immediately revoked.
If you are accessing our Sites and Content from outside of the U.S., you represent and warrant that: (i) you are not located in a country subject to a U.S. embargo or designated by the U.S. federal government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Information We Collect About You
When you access or use our Sites or Content, we collect information about your usage of our Sites and Content, including how and from where you access our Sites and Content (for example, your IP address, and whether you are using a computer or a mobile device like a smartphone). We may also collect personal information such as your name and email address in certain situations. Our collection, use, and sharing of your information, including your personal information, is governed by our Terms. Please read our Privacy Policy for more information.
Feedback You Provide To Us
If you provide us with any feedback or suggestions via our Sites (“Feedback”), you assign to us all right, title, and interest in your Feedback and agree that we have the right to use your Feedback in any manner and for any purpose we deem appropriate without compensation to you. We will treat any Feedback you provide to us as non-confidential and non-proprietary, so do not submit any information or materials that you consider to be confidential or proprietary to us.
Changes To Our Sites and Content
We are continuously working to improve our Content and our Sites in order to optimize their functions and to provide you with high-quality Content. As part of this process, you may see changes from time to time in the types of Content we display to you, or in the display of our Sites. We do not guarantee that any Content will be made available through our Sites, or that any feature or portion of our Sites will be made available. We may remove or modify any Content at any time without notice to you. We may remove or modify features or parts of our Sites, and may shut down our Sites in part or in whole, at any time without notice to you. We may modify, suspend, or terminate your access to our Sites or Content at any time without notice to you. We will have no liability to you for any of these decisions.
We use the Internet and third party networks (such as ISPs and VPNs) to transmit and otherwise provide you with access to the Sites. The Internet and these third party networks may or may not be reliable, private, and secure. You are solely responsible for investigating your internet or online service provider and taking any necessary security measures to protect your access and use of our Sites. In addition, since we do not control the Internet or third party networks, we cannot guarantee that you will have uninterrupted access to our Sites or Content, or that our Sites and Content will always display properly.
Copyright Dispute Policy.
We comply with the notice-and-takedown procedures set out in the U.S. Millennium Copyright Act (“DMCA”). Before making a complaint, please be aware that you may only issue a DMCA take-down notice: (i) if you are either the owner of a valid copyright or are authorized to act on behalf of the copyright owner and (ii) you have a good-faith belief that you are complaining about a valid infringement of your copyright.
You may also initiate a notice of copyright infringement containing the following information to dmca.com:
· Identify the copyrighted materials or content that are being infringed, including any copyright registration number (if applicable);
· Identify the materials or content that you believe are infringing your copyright, including URLs and any other information required for us to locate the materials or content;
· Contact information of the copyright rights-holder, or of an authorized agent of the rights-holder, including name, address, telephone number, and email;
· A statement that you are the sole rights-holder of the copyright(s) and that you have not authorized the allegedly infringing materials or content;
· A statement that you believe, in good faith, that no exception to your copyright (such as fair use) applies to the allegedly infringing materials or content; and
· A statement that everything contained in your notice is accurate and that you have the legal right to issue your notice on behalf of the copyright owner.
Once we have received your notice, we will remove the materials or content at issue from our Sites or Content and will notify the individual or entity who provided the allegedly infringing materials or content.
The individual or entity who provided these materials or content may have an opportunity to provide a counter-notice in accordance with the DMCA to us if they believe in good faith that the removed materials or content is not infringing and was removed because of a mistake or misidentification. Any such counter-notice must comply with the DMCA (including required contact information), and a copy of the counter-notice will be sent to the person who sent the original notice of alleged infringement.
If the person who sent the original notice of alleged infringement does not notify us within ten (10) business days of receiving the counter-notice that they have filed a court action seeking an order to keep the materials or content removed, we may restore the materials or content in question.
Indemnity
You agree to defend, indemnify and hold us, and our officers, employees, agents, contractors, representatives, and third-party suppliers harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) against any claim or demand made by any third party due to or arising out of: (a) your use of our Sites and Content; (b) your User Content; (c) your violation of our Terms; or (d) your violation of any applicable law, regulation, or ordinance. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us in our defense of these claims. You agree not to settle any matter for which you are indemnifying us without our prior consent. We will use reasonable efforts to notify you of any such claim or demand.
Disclaimers
YOUR USE OF OUR SITES AND CONTENT IS AT YOUR OWN RISK.
OUR SITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS.
WE MAKE NO WARRANTY THAT YOUR USE OF OUR SITES AND CONTENT WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR IN ANY THIRD PARTY CONTENT LINKED TO OR FROM OUR SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COMPUTER OR TECHNICAL FAILURE OR MALFUNCTION, LOSS OF DATA OR INFORMATION, LOSS OF USER CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF WE (OR THEY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, OUR SITES.
Termination.
If we shut down our Sites or terminate your ability to access our Sties, the most recent Terms you accepted will remain applicable to any further interactions you have with us, and to any questions, concerns, or disputes you have with us regarding your prior use of our Sites and content. We may terminate these Terms at any time. If we terminate these Terms, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, limitation of liability and indemnification.
Miscellaneous
Our Terms constitute the entire agreement between you and us regarding our Sites and Content, and supersede all previous agreements between you and us regarding our Sites and Content.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of our Terms, or of your use of our Sites and Content.
Waiver
Our failure to exercise or enforce any of our rights, or any provision of our Terms, shall not operate as a waiver of such right or provision.
Severability
If any provision of our Terms is held to be invalid, illegal or unenforceable, that provision shall be limited or otherwise modified, as consistent with its original intent as is possible, so that it is valid and enforceable to the fullest extent permissible by law. The remaining Terms shall remain unchanged and in full force and effect.
Jurisdiction and Choice of Law.
You expressly agree that any dispute between us and you regarding our Sites and Content shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Assignment
You may not assign your rights or obligations under these Terms without our prior written consent, but we may freely assign our rights and obligations under these Terms.
Apple Device and Application Terms.
If you are accessing our Sites or Content via an iOS App downloaded from the Apple App Store, the following additional provisions apply to you:
· These Terms are between you and us only, and not with Apple, and we, not Apple, are solely responsible for our iOS Apps and Content;
· If these Terms are less restrictive than or otherwise in conflict with the Usage Rules set by Apple in the App Store Terms of Service (“Apple Usage Rules”), the Apple term applies;
· You further agree that you will use our iOS App only on an iOS product that you own or control and as permitted by the Apple Usage Rules;
· Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS Apps;
· We do not provide any express warranties for our Sites or Content, and we expressly disclaim all implied warranties in our Terms;
· To the extent that our disclaimers regarding warranties in these Terms are not effective, we are solely responsible for any product warranties and for any claims, losses, liabilities, damages, costs, and expenses attributable to any failure of our iOS app to conform to any warranty;
· In the event of any failure of our iOS App(s) to confirm to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the iOS App, but Apple will not have any other warranty obligation with respect to the iOS App to the fullest extent permitted by law;
· We, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our iOS apps or your possession or use or our iOS apps, including (i) product liability claims; (ii) any claim that our iOS app fails to conform to a legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This section does not limit our liability to you beyond what is permitted by law;
· Apple bears no responsibility for the investigation, defense, settlement, and discharge of any claim that our iOS app infringes the intellectual property rights of a third party;
· Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
If you have any questions, complaints, or claims with respect to our Terms, you may contact us at legal@aweinc.tv.
Effective: November 1, 2020
