$10.00 / month (cancel at any time)
Dated as of April 11th, 2013
Other People obtains and holds personal information that You may give to us while using the Music Subscription Service and/or Website. Below is a list of the primary methods Other People uses to collect such information:
- Registration (sign-up) Information – To use the password protected areas of the Website or the Music Subscription Service, You must establish an account with us. During this process, You are required to provide certain contact information (name, email address, etc.). Other People may collect information regarding Your use of the Software and Music Subscription Service on an ongoing basis to customize Your experience, including marketing and advertising.
- Surveys and Customer Service - From time-to-time We may post surveys on the Website. The surveys may request demographic information and customer feedback. Participation in these requests is completely voluntary and with each request You will have the choice of whether or not to participate and disclose information. Such survey information will be used to improve the overall experience of the Music Subscription Service and the Website. Also, We may collect information that identifies You personally when You submit comments, questions or suggestions to Our customer service department.
- Customer Use – Other People may collect information regarding Your use of the Software and Music Subscription Service on an ongoing basis to customize Your experience, including marketing and advertising. This information may be sent from Your computer to other People via a third party. Information necessary to operate the Music Subscription Service or Software may be sent to third parties. Also, as is generally the case with all websites, websites You visit through links on the Website may contain banner advertisements, paid links or other promotions. The Music Subscription Service contains a search box that returns search results pages in response to queries that You may enter. All queries that are submitted by You through the search box are transmitted to and collected by Other People. Search results pages will often contain advertising in the form of sponsored search results, banner advertisements or other promotions. Advertising shown to You on the search results pages may be related to the search query You entered.
- Other People Blogs – The Website may have chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user’s name. Please remember that any information that is disclosed in these areas becomes public information and You should exercise caution when deciding to disclose Your personal information online.
Other People use of Your personal information is limited as follows:
- Internal Use - In general, We use personal information internally to serve Our users and to enhance and extend Our relationship with Our users. More specifically, We use personal information to complete transactions You have requested, to assist You and resolve problems with the Website, to respond to customer support inquiries, and to send You periodic email newsletters and updates.
- Third Parties - We do not sell, rent, share, trade or give 3 away any of Your private information without Your permission except to the financial institution that processes Your credit card transactions unless required by law.
- Marketing Purposes – We WILL NOT disclose Your Personal information to third parties so they can inform You about their products or services.
- Our Affiliates – We may provide all of the nonpublic personal information We collect about You to Our affiliates to enable them or enhance Our ability to offer You new or additional products or services, improve the quality of the products and services We currently offer to You, and to aid us and them in the assessment of Our existing products and services and the development of new products or services.
- Legal cases – We will release all personal information We may have about a user should We be required by law (e.g., warrant, subpoena or court order).
- Third Party Websites. The Website may include links to third party websites. All third party websites are governed by their own privacy statements – Other People cannot be held liable for their operations, including their information practices. Users submitting information to or through these third party websites should review the privacy statement of the service being used.
- Visitors Under the Age of 13. You must be at least 13 years old to have Our permission to use this Website. We do not knowingly collect, use or disclose personal information about visitors less than 13 years of age. If You are the parent or guardian of a minor under 13 years of age and believe that We have collected the minor’s personal information, please contact us at firstname.lastname@example.org so that We may delete their information from Our current records.
OTHER PEOPLE: Music Subscription Service Agreement
- Music Subscription Service. Other People is the provider of the Music Subscription Service, through the Website, under certain terms and conditions as set forth in this Agreement. The Music Content will consist of Other People’s full label archive which is located on the archive page on the Website. You may browse the entire Other People archive, stream music from the Music Content (as defined below), download or gift each song in the Music Content once, rate songs and share songs on Your Facebook homepage by permitting Your friends to stream them (but not to download them). Every Sunday, You, if You are a subscriber to the Music Subscription Service or if You have are enrolled in a free trial period, will receive an email informing You that a new song or (new songs) have been added to the Music Content and is available to stream and download from the Website (the “Song of the Week” or “Songs of the Week”).
- Other People ID Requirement. To access the Music Subscription Service, You must have a valid Other People identification name and login password. If You do not have a Other People identification name and login password, You will be prompted to complete the registration process before You can access the Music Subscription Service. You agree that: (a) the information You provide is valid, accurate, current and complete, and (b) You will maintain and promptly update that information to keep it true, accurate, current and complete.
- Age requirements for use of the Music Subscription Service. The Music Subscription Service is available for individuals aged 13 years or older. If You are 13 or older but under the age of 18, You must review these terms and conditions with Your parent or guardian to make sure that You and Your parent or guardian understand and agree to these terms and conditions.
- Objectionable Material. You understand that by using the Music Subscription Service, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, You agree to use the Music Subscription Service at Your sole risk and that Other People, and its licensors shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
- System Requirements. Use of the Music Subscription Service requires a compatible device, Internet access (fees may apply), operating systems and certain software (fees may apply). High speed internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility. The Music Subscription Service is not part of any other product or offering, and obtaining any other product shall not be construed to represent or guarantee You access to the Music Subscription Service. Once Music Content (as defined in Section 7 below) is accessed and You receive the Music Content, it is Your responsibility not to lose, destroy, or damage the Music Content, and Other People shall be without liability to You in the event of any loss, destruction, or damage.
Agreement Regarding Usage Rules.
- You agree that Your streaming and downloading of sound recordings, information related to the sound recordings, video and artwork in connection with the Music Subscription Service, if applicable (collectively, the “Music Content”) is further acknowledgement of Your acceptance of and agreement to use such Music Content solely in accordance with the applicable Usage Rules as set forth below, and that any other use of the Music Content will constitute a material breach of this Agreement and may constitute a violation of law, including copyright infringement. You acknowledge and agree that the Music Content may include security technology (including as referenced in Section 9 below) which is an inseparable part of the Music Content. The applicable Usage Rules and other terms and conditions herein shall govern Your rights with respect to the Music Content, in addition to any other terms or rules that may have been established between You and another party. Other People reserves the right to modify the Usage Rules at any time. The Music Subscription Service and the Music Content are only for Your personal, non-commercial use and are non-transferable (except as otherwise expressly authorized by Other People in this Agreement or any amendment or modification thereto).
- You acknowledge that some aspects of the Music Subscription Service, Music Content, and administering of the Usage Rules entails the ongoing involvement of Other People and/or its licensors. Accordingly, in the event that Other People or any of their licensors changes any part of the Music Subscription Service or discontinues the Music Subscription Service (or any part thereof), which Other People or its licensors may do at their discretion, You acknowledge that You may no longer be able to use the Music Content to the same extent as prior to such change or discontinuation, and that Other People shall not have any liability to You in such case. Availability of any Music Content is subject to change at any time.
- ID and password. As stated above, in order to access the Music Subscription Service, You must obtain a Other People ID and password. This information is transmitted to and collected by Other People when You sign in to verify Your identity. Furthermore, Other People may collect information regarding Your use of the Music Subscription Service on an ongoing basis to customize Your experience, including marketing and advertising.
- Security. You understand that the Music Subscription Service, and products accessed through the Music Subscription Service, such as Music Content, includes a security framework using technology that is designed to protect digital information and limits Your access and use of Music Content according to certain usage licensing rules established by Other People and its licensors and will govern Your rights with respect to that Music Content (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and You agree not to violate the Usage Rules or attempt to violate any security components of the Music Subscription Service. You agree not to attempt to, or assist another person to, circumvent, reverse- engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and compliance with Usage Rules may be monitored by Other People and/or its licensors, and Other People, and its licensors reserve the right to enforce the Usage Rules with or without notice to You. You will not access or use the Music Subscription Service by any means other than through the Website that is provided by Other People for accessing the Music Subscription Service. You agree not to modify the Music Content in any manner or form, for any purposes including obtaining unauthorized access to the Music Subscription Service. Violations of system or network security, including without limitation the Usage Rules, may result in civil or criminal liability. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Music Subscription Service, and may include, for example, required or automated updates to address security, interoperability, and/or performance issues. Failure to permit such updates and/or modifications may result in interruption or termination of the Music Subscription Service without notice to You. You also agree not to use the Music Content and/or the Music Subscription Service outside the scope of the permitted uses set forth in Section 10.
The Music Subscription Service/Payment.
In return for the payment of a non-refundable music fee (the “Music Fee”), which is set forth below, You will be entitled to use the Music Subscription Service as defined below. At this time, Other People will only accept payment of the Music Fee through Stripe, although we have previously offered PayPal. Collectively, Stripe or PayPal will be referred to as "Your Payment Account".
- The Music Subscription Service is the digital music service offered to You upon payment of the Music Fee, which will allow You to engage in unlimited on-demand streaming and conditional downloading. You may engage in unlimited on-demand streaming by listening either to any of the full songs or to :30 second samples from the available catalog as many times as You choose for personal non-commercial use (“On-Demand Streams”). Conditional Downloading means Your one time downloading of Music Content to Your computer hard drive or external hard drive which may be accessed only by You for personal non-commercial use (‘Conditional Download”). You will not be permitted to download any song more than once, but You may be able to listen to an individual song as often as You like on On-Demand Streams. Subject to Facebook’s terms and conditions of use, You will also be permitted to stream the Music Content on Your personal Facebook page provided You do not permit third parties to copy the Music Content. You agree and acknowledge that, to the extent applicable, You will obtain and pay for any licenses, including public performance licenses, necessary for Your streaming of the Music Content via Facebook.
- Usage Rules for the Music Subscription Service. You may copy each Conditional Download onto multiple personal portable and/or cloud type devices provided such device adheres to the Usage Rules and security requirements, as may be established by Other People and/or its licensors from time-to-time.
- Gifting. There will be two parts of the Music Subscription Service available to you. The New Material Section and the Archive Material Section [individually and collectively the “Section(s)”]. As part of the Music Subscription Service, you will be able to invite one (1) non-user of the Music Subscription Service to receive one (1) free music track from the Archive Material Section and one “release of the week” from the New Material Section in any one year (365 days) that you are a member of the Music Subscription Service. (the “Gift”). The Gift has no monetary value and Failure to utilize the Gift prior to your termination from the Music Subscription Service for any reason will cause you to waive any right or access to the Gift.
- Music Subscription Service Fees. You may elect to pay the Music Fee by signing up on our signup page. The Standard Plan is $10 per month. We previously offered a VIP plan, which is no longer for sale but still active for those who signed up to it. Included in the Other People VIP Plan is (a) free access to the main page, (b) can download or stream issues and songs, (c) can gift issues, (d) access the archive page. Included in the Other People Standard Plan is (a) free access to the main page, (b) can download or stream issues, (c) access the archive page, but with limited features ie. No downloading.
- If You subscribe, unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. Yearly, Monthly, etc.). At the time of renewal, your credit card will be charged our then-current fees for the applicable subscription, provided that if the fee for your renewal Service has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew. If You select the Monthly Plan Option, this agreement will automatically renew on the first date of each month and Your Payment Account will automatically be charged the Music Fee. By completing the Subscription Music Subscription Service registration, You authorize Other People to charge Your Payment Account in the amount according to the payment plan You select. All Music Fees are subject to change, in the sole discretion of Other People. You will receive at least 10 days advance notice of any change in fees. Other People’s election to change its Music Fees will not effect any user of the Yearly Plan during the completion of the year term. If You have selected the Monthly Plan and You do not accept the new fees, You must terminate Your subscription before Your monthly subscription is automatically renewed. If You elect the Monthly Plan, in order to cancel Your subscription before it is renewed, follow the directions at other-people.net/signup. Any such cancellation will result in the termination of Your ability to access the Music Subscription Service at the end of the term for which You have paid or at the conclusion of any free trial period, as applicable.
- Other People Voyeur. Other People may, at its discretion, offer a free trial period to give individuals limited access to the Music Subscription Service for free on a trial basis (the “Free Trial Period”). The length of the Free Trial period will be determined at the discretion of Other People. However, individual users (i.e., those who have not subscribed to the Music Subscription Service) during the Free Trial Period will be limited (a) free access to the main page, (b) can only stream songs, not download song or issued. In order to access the limited Music Subscription Service during any Free Trial Period, You will be required to provide Other People with Your email address in order to create a temporary account. This account will expire upon the termination of the Free Trial Period, upon Your conversion of the Free Trial Period to an active subscription and payment of the Music Fee or at the discretion of Other People.
- Termination of the Music Subscription Service. If (i) Your Payment Account has insufficient funds or is invalid for any reason, (ii) You violate any of the Usage Rules or materially breach the terms of this Agreement, (iii) Other People otherwise believes You have acted inconsistently with the spirit or letter of this Agreement, Other People may, but has no duty to, immediately terminate the Music Subscription Service if Other People in its sole discretion concludes that You have provided false information in connection with Your registration. Other People accepts no liability for information (whether or not related to the Music Subscription) that is deleted or otherwise impacted due to termination. If Your Subscription Service account is cancelled pursuant to this provision, You will not receive a refund.
- Territory. The Music Subscription Service is available worldwide (collectively, the “Territory”). However, you agree to be bound under paragraph 21 below.
- Delivery of Content. On occasion, technical problems may delay or prevent delivery of Content or otherwise interrupt or limit Your access to Music Content. Your exclusive and sole remedy with respect to Music Content that is not delivered or otherwise accessible within a reasonable period will be either replacement of such Music Content or a refund on a pro rata basis, as determined by Other People.
- Acknowledgement of Ownership. You agree that the Music Subscription Service and the Website, including, but not limited to, Music Content, graphics, and editorial content, contains proprietary information and material that is owned by Other People and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Music Subscription Service in compliance with the terms of this Agreement. No portion of the Music Subscription Service, the Website or Music Conant may be reproduced in any form or by any means, except to the extent permitted herein. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Music Subscription Service, in any manner, and You shall not exploit the Music Subscription Service, the Website and/or the Music Content in any unauthorized manner whatsoever, including but not limited to, by illegal copying, trespass or burdening network capacity.
- The use any part of the Music Subscription Service, except for the use of the Music Subscription Service, as expressly permitted in this Agreement, is strictly prohibited and any non-permitted uses that infringe on the intellectual property rights of others (including, but not limited to Other People and its licensors) may be subject to civil and/or criminal penalties, including possible monetary damages.
- Removal of Content or Other Materials. Notwithstanding any other provision of this Agreement, Other People and their licensors reserve the right to change, suspend, remove, or disable access to any products, Music Content, or other materials comprising a part of the Music Subscription Service or Website at any time without notice. In no event will such parties be liable for the removal of or disabling of access to any such products, Music Content or materials under this Agreement. Other People and its licensors may also impose limits on the use of or access to certain features or portions of the Music Subscription Service, in any case and without notice or liability.
- Trademarks. This Agreement does not give You the right to use or license any trademarks or service marks that Other People uses on its Website. Other People services, the Other People logo, and other marks indicated on our site are trademarks of Other People LLC or its affiliates, in the United States and other countries. Other Other People graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Other People LLC or its affiliates. Other People' and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Other People' or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Other People or its affiliates. All other trademarks not owned by Other People or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Other People or its affiliates.
- Termination by Other People. If You fail, or if Other People suspects that You have failed, to comply with any of the provisions of this Agreement, including but not limited to violation of the Usage Rules, or if You have distributed Your password or account information to any third party, or You have engaged in conduct that is inconsistent with the best interests of Other People or its licensors, Other People, then at its discretion, without notice to You may: (i) terminate this Agreement and/or (ii) preclude You access to the Music Subscription Service (or any part thereof including without limitation any Content downloaded in connection therewith).
- Termination of the Music Subscription Service. Other People reserves the right to modify, suspend, or discontinue the Music Subscription Service (or any part thereof, including without limitation access to any of the Music Content) at any time with or without notice to You, and Other People will not be liable to You or to any third party should either such party exercise such rights.
- As set forth in Section 10(C), if You choose the Yearly or Monthly Plan, unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. one month, etc.). At the time of renewal, your credit card will be charged our then-current fees for the applicable subscription, provided that if the fee for your renewal Service has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew.
- You understand and agree that Your warranties and representations and all terms and conditions herein that restrict Your rights to use, copy and/or download the Music Content, Conditional Downloads, the Website and intellectual property rights shall survive the termination of this Agreement for the longest length of time permitted by law.
- General Compliance with Laws. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to Your use of the Music Subscription Service and we reserve the right to terminate your service immediately for your failure to comply with any local, state or federal law.
- Enforcement of These Terms. Other People reserves the right to take measures it deems necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to automated monitoring of compliance, Other People’s right to cooperate with any legal process relating to Your use of the Music Subscription Service, and/or a third party claim that Your use of the Music Subscription Service is unlawful and/or infringes such third party’s rights).
Disclaimer of Warranties; Liability Limitations.
- OTHER PEOPLE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MUSIC SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THAT OTHER PEOPLE MAY REMOVE OR OTHERWISE LIMIT ACCESS TO THE MUSIC SUBSCRIPTION SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE MUSIC SUBSCRIPTION SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MUSIC SUBSCRIPTION SERVICE IS AT YOUR SOLE RISK. THE MUSIC SUBSCRIPTION SERVICE AND CONTENT, PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE MUSIC SUBSCRIPTION SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- IN NO CASE SHALL OTHER PEOPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSIC SUBSCRIPTION SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OTHER PEOPLE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- OTHER PEOPLE SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND OTHER PEOPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- NONE OF OTHER PEOPLE’S, NOR ITS LICENSORS, REPRESENT OR GUARANTEE THAT THE MUSIC SUBSCRIPTION SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND OTHER PEOPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
- Waiver and Indemnity. BY USING THE MUSIC SUBSCRIPTION SERVICE, YOU AGREE TO INDEMNIFY AND HOLD, OTHER PEOPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE MUSIC SUBSCRIPTION SERVICE OR WEBSITE, OR ANY ACTION TAKEN BY OTHER PEOPLE OR ITS LICENSORS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF EITHER COMPANY’S FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU HEREBY WAIVE ANY RIGHT TO SUE OR RECOVER ANY DAMAGES FROM OTHER PEOPLE, ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE MUSIC SUBSCRIPTION SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OTHER PEOPLE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT MAY HAVE OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
- Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and Your use of the Music Subscription Service. Your use of the Music Subscription Service may also be subject to other local, state, national, or international laws. You expressly agree that courts in the State of New York, in the County of New York, shall exercise exclusive jurisdiction for any claim or dispute brought by You with respect to Other People or relating in any way to Your use of the Music Subscription Service. Regardless of the Local, State or Federal laws regarding process of service, you specifically agree to accept service of process of any validly filed complaint against you by the email address associated with your account and it is your responsibility to keep your account updated with a valid working email address.
- Release and Waiver. To the maximum extent permitted by applicable law, You hereby release and waive all claims against Other People and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and reasonable attorneys' fees) of every kind and nature, arising from or in any way related to Your use of the Music Subscription Service. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Hold Harmless and Indemnity. To the maximum extent permitted by applicable law, You agree to hold harmless and indemnify Other People and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to Your use of the Music Subscription Service and/or the Website, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Other People shall use good faith efforts to provide You with written notice of such claim, suit or action.
- Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Agreement, You and Other People shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Other People, express or implied, and You shall not attempt to bind Other People to any contract.
- This Agreement constitutes the entire agreement among You and Other People the Music Subscription Service and governs Your use of the Music Subscription Service. You also may be subject to additional terms and conditions that may apply when You use the Website, affiliate services, third-party content, or other software, including, but not limited to services, software and the Music Content.
- If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Other People’s failure to enforce any right or provisions in this Agreement does not constitute a waiver of such provision, or any other provision of these Additional Terms.
- Neither Other People nor any of its licensors are responsible for failures to fulfill any obligations due to causes beyond their control.
- The headings of this Agreement are for convenience of reference only, are not part of this Agreement and do not affect its interpretation.