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TERMS OF SERVICE

Please read these Terms of Use (these “Terms”) carefully as they govern your use of (which includes access to) Spotify’s personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the “Spotify Service”) and any music, videos, podcasts, or other material that is made available through the Spotify Service (the “Content”).

INTRODUCTION

These Terms of Service (this “Agreement”) explains the terms under which Propelify Media LLC (the “Company”), will offer products and services through www.propelify.com and associated mobile applications (individually and collectively the “Platforms”). This Agreement is a part of and incorporates by reference all the applicable documents pertaining to your use of the Platforms, including our Privacy Policy and Wristband Terms of Use.

  1. Users of the Platforms indicate and confirm that they have read, understand, accept, agreed to be bound and are bound by this Agreement.
  2. The Company shall have the right, consistent with applicable law, at its sole discretion, to modify, add, or remove any terms or conditions of this Agreement without notice or liability to you. Any such changes shall be effective immediately following the posting of such changes. You agree to review the Terms of Service from time to time and agree that any subsequent use by you of the Platforms following such changes shall constitute your acceptance of all such changes.
  3. The Company shall have the right, consistent with applicable law, at its sole discretion, to modify, add, or remove any terms or conditions of this Agreement without notice or liability to you. Any such changes shall be effective immediately following the posting of such changes. You agree to review the Terms of Service from time to time and agree that any subsequent use by you of the Platforms following such changes shall constitute your acceptance of all such changes.
  4. THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORMS IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PLATFORMS AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS OF SERVICE.
  5. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE DO NOT USE ANY OF THE PLATFORMS.

USE OF PLATFORMS

  1. You must be at least 18 years of age or older to access the Platforms.
  2. Each user is solely responsible for deciding whether the products and services offered are suitable for their own purposes and whether the products and services match their needs or that you will find the products and services satisfactory, beneficial or suitable for your own circumstances.
  3. The Company makes no claims that the Platforms may be lawfully accessed in any specific jurisdiction. Access to the Platforms may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Platforms you do so at your own risk and are solely responsible for compliance with the laws and regulations of your jurisdiction.
  4. The Platforms may be used only for lawful purposes relating to your participation in the Propelify Innovation Festival. The Company specifically prohibits any use of the Platforms, and all users agree not to use the Platforms, for any purposes other than designated by the Company.
  5. You are prohibited from violating or attempting to violate the security of the Platforms, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Platforms, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
  6. Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

USER INFORMATION

  1. You are solely responsible for the information you upload to the Platforms, and warrant and represent you have the right and authorization to upload all such information.
  2. If you register for the products and services offered through the Platforms, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
  3. Company reserves the right to offer Company or third party products and services to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party products and services.
  4. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password.

SOCIAL NETWORKING

  1. Users may have the option to Twitter, Facebook or access other social networking platforms through the Platforms to share links and content. Users undertake this option at their sole responsibility, including but not limited to complying with all of the Terms of Service of the social networking platform.

INTELLECTUAL PROPERTY

  1. “Propelify Innovation Festival” and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful.
  2. The Platforms (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of the Company and are protected by copyright and other laws of the United States and other countries.
  3. You may not sell or modify Platform content, or reproduce, display, publicly perform, distribute, or otherwise use the content in any manner or for any purpose.

DOWNLOADED SOFTWARE

  1. If Software is downloaded by users, the Company grants a revocable, nonexclusive and nontransferable license that allows you to use the Software as provided by Company.
  2. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial or noncommercial purposes other than as licensed herein. You shall not modify, alter, change or otherwise make any modification to the Software, create derivative works, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
  3. Company or an applicable third party retains all ownership, right, title and interest in and to the Software and in all portions of the Software and accompanying documentation, including but not limited to trade secrets, know‑how, methodologies and processes, and in all copies of it. You agree that the Software, including the specific design and structure, constitute proprietary information, trade secrets and/or copyrighted material of the Company. You agree not to disclose or otherwise make available such proprietary information, trade secrets or copyrighted material in any form to any third party.
  4. Notwithstanding any other provision of this Agreement, the Software is provided to you on an “as is” basis, without any express or implied warranty, conditions or representations of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose, non‑infringement, or that the Software is error free or that the Software will be able to be used without problems or interruptions. All such warranties are hereby excluded to the extent allowed by applicable law.
  5. The Company’s only warranty is solely that the Software substantially conforms to its published specifications. Your exclusive remedy and the entire liability of the Company under this limited warranty will be, at the Company’s option to repair of the Software.
  6. Upon termination of your use of the Platforms you shall cease all use of the Software, and delete or destroy all copies of the Software and other materials related to the Software in your possession or under your control.

USER GENERATED CONTENT

  1. User Generated Content is any information or data uploaded to the Platforms by a user, including but not limited to music, video, text, photographs, and blog posts, and any other communications provided by a user.
  2. Each user acknowledges and agrees that they are solely responsible for the form, content and accuracy of User Generated Content, and are responsible for the consequences of all such User Generated Content.
  3. Each user warrants and represents that the User Generated Content is accurate and up-to-date, and that it does not violate relevant laws, rules or regulations.
  4. Each user warrants and represents that they possess all rights necessary to upload User Generated Content and that no User Generated Content will violate the rights of any third party, including but not limited to copyrights, trademarks or the rights of privacy or publicity.
  5. User Generated Content may not be false, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, pornographic, obscene, encouraging a criminal offense, gives rise to civil liability, violate any law or regulation, including but not limited to laws or regulations relating to intellectual property rights, or harm or threaten the safety of others.
  6. As a passive conduit, the Company is under no legal obligation to, and does not, control User Generated Content. It has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. By its very nature, other people’s User Generated Content may be offensive, harmful or inaccurate. You acknowledge that any reliance on communications, information and materials posted by other users will be at your own risk, and you agree to take all necessary precautions.
  7. If notified that User Generated Content or communications may not conform to the Terms of Service, the Company may investigate the allegation and determine and its sole discretion whether to remove or request the removal of such User Generated Content or communications.
  8. The Company has no liability or responsibility to users for performance or nonperformance of activities undertaken by other users, or claims relating to any inaccurate, untimely or incomplete information provided by users.
  9. Users retain the ownership and copyright to User Generated Content.
  10. Users permit any other user to access, display and view all User Generated Content submitted to the public areas of the Platforms.
  11. The Company may refuse to post, edit or delete User Generated Content in its sole discretion.
  12. By submitting User Generated Content, you grant the Company the non-exclusive, royalty-free, perpetual, irrevocable, sub licensable through multiple tiers, right (including any moral rights) to use, stream, reproduce, modify, adapt, publish, translate, distribute, perform, incorporate in other works, and display the User Generated Content, in whole or in part, worldwide through any media or technology now known or later developed, for the full term of any rights that may exist in such the User Generated Content as long as you are a registered user.
  13. Included in the above grant of rights, the Company shall have the right to promote and spotlight a user on the Platforms.
  14. Company reserves the right to display advertisements in connection with User Generated Content and to use User Generated Content for purposes including but not limited to advertising and promotion. User may not have advertisements connected with their use of the Platforms or use the Platforms for commercial purposes.
  15. You may not use, duplicate, modify, distribute, or reproduce the User Generated Content or communications posted by others in any manner without their express permission.The Company is not a party to granting such permission and is not involved in any relationship, contractual or otherwise, between users. If you believe that intellectual property rights have been infringed, you may notify the Company according to the notification procedures set forth in our Copyright Infringement Policy.
  16. The Company is not involved in the actual transaction between users. As a result, the Company has no control over the quality, safety, truth, accuracy or legality of User Generated Content. Note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons or people acting under false pretenses. The Company expects that you will use caution and common sense and you assume all risks associated in dealing with other users with whom you come in contact.
  17. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be or control the behavior of users. In the event you have a dispute with other users, you release the Company, its subsidiaries, affiliates, officers, directors, employees, agents, representatives and partners, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with third parties. As a California resident, you waive California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

USER COMMENTS AND SUGGESTIONS

  1. While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
  2. If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
  3. No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.

IDENTIFICATION OF AGENT TO RECEIVE NOTIFICATION AND ELEMENTS OF NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

  1. If you believe that any copyrighted work is accessible on or through these Platforms in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
    1. If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party;
    2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
    3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
    4. Your name, address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
    6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
  2. Upon receipt of notification of a Notice of copyright infringement, the Company may remove or disable access to the alleged infringing material, or terminate the alleged infringer’s access to its account.
The alleged infringer may provide a written Counter Notification meeting the following criteria:
    1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    2. A physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
    3. Your name, address, telephone number, and email address;
    4. Consent to the jurisdiction of Federal District Court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person; and
    5. A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  3. We have designated _______________________ as our agent to receive notices of claims of copyright infringement on our website. You can contact _________________________ as follows:
    1. Mail: 50 Harriso St PH #401 Hoboken NJ 07030
    2. Email: hello (at) propelify (dot) com

LINKS

  1. The Platforms may contain links, including payment links, to other Platforms and/or advertisements. The Company does not endorse and is not responsible for the content, terms of use, privacy policies or any other policies of any such Platforms.

TERMINATION

  1. These Terms of Service may be terminated by either party. Upon termination you may no longer use the Platforms or any portion thereof.

NO WARRANTIES/DISCLAIMERS

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORMS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
  2. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORMS, THAT THE PLATFORMS WILL MEET USER REQUIREMENTS, THAT THE OPERATION OF PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PLATFORMS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING USER EQUIPMENT OR DATA.
  3. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE PLATFORMS OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE PLATFORMS.
  4. THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL DATA, INFORMATION OR COMMUNICATIONS UPLOADED TO THE PLATFORMS CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH DATA, INFORMATION OR COMMUNICATIONS IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
  5. THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE DATA, INFORMATION OR COMMUNICATIONS YOU HAVE UPLOADED TO THE PLATFORMS AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF OR FAILURE TO STORE SUCH DATA, INFORMATION OR COMMUNICATIONS. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF DATA, INFORMATION OR COMMUNICATIONS THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR DATA, INFORMATION OR COMMUNICATIONS.

LIMITATION OF LIABILITY

  1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE PLATFORMS AND THE PRODUCTS AND SERVICES PROVIDED, OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE (OTHER THAN FOR DEATH OR PERSONAL INJURY) OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS PLATFORMS OR USE OF THE PLATFORMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR ACCESS TO THE PLATFORMS AND THE ASSOCIATED PRODUCTS AND SERVICES.

INDEMNITY

  1. USERS AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE PLATFORMS; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

ADDITIONAL TERMS OF SERVICE

  1. Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and the Company.
  2. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the State of New Jersey in connection with any action arising out of or related to these Terms of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
  3. If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
  4. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
  5. Users consent to the use of electronic means to deliver any notices pursuant to these Terms of Service.
  6. Users acknowledge that the Company will be irreparably damaged (and damages at law would be an inadequate remedy) if there is violation of any of the Company’s intellectual property rights. Therefore, in the event of a breach or threatened breach by a user of any of the Company’s intellectual property rights, then the Company shall be entitled, in addition to all other rights or remedies to an injunction restraining such breach, without being required to show any actual damage or to post a bond.
  7. Users may not assign these Terms of Service or any of the rights obtained or obligations assumed hereunder, and these Terms of Service do not confer any rights on or to any third parties.
  8. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of the Agreement and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
  9. Any questions about these Terms of Service may be directed to hello (at) propelify (dot) com.

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Back on 10/5/2023

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