KR38R

Terms and Conditions

TERMS AND CONDITIONS (T&C) FOR KR38R APP PRODUCT AND KR38R MUSIC SERVICE

EFFECTIVE FEBRUARY 1, 2020

This is a legal Agreement between you and DigiTrax Entertainment, Inc., the providers of the KR38R Music Product and Service, stating the terms that govern your use of the KR38R service (Service), and the music on the KR38R app and/or website (Product). This agreement, together with all updates, additional terms, software, licenses, and all of KR38R rules and policies, collectively constitute the agreement between you and the providers of the KR38R app and music service. This agreement may be variously referred to as the “Agreement”, “Terms and Conditions”, “Terms of Service” and/or “Terms of Use”.

By continuing to use the Product and Service, you confirm that:

You have read and understood this agreement in full; and
You agree with all the clauses of this agreement; and
You agree with the fact that you may not access or use KR38R and/or KR38R materials if doing so conflicts with the laws of your country, state, locality, or other jurisdiction to which you are subject.

If you do not agree or cannot comply with these terms, you must delete the app and site from your device and discontinue accessing any content on the KR38R app and website. You must accept and abide by these terms as presented to you. Changes, additions or deletions are not acceptable, and you may be refused access to the KR38R product and/or service for your non-compliance with any part of this agreement. If you are under the age of 18, but over the age of 13, your parent or guardian must read and agree to abide by these terms on your behalf.

KR38R Overview and Definition:

KR38R is an app product and music video platform that allows end-users to mix and produce creative songs and videos based on a supplied inventory of sounds. End-users are allowed to use those songs to produce performances, which may include vocals and video, and to share those songs and performances on approved social media outlets and the KR38R platform.

Definition of KR38R Music Product and Service:

DigiTrax Entertainment, Inc. (“DTE”) is the provider of the KR38R app and its content, (DTE’s Products), and access thereto (DTE’s Service), which end-users may listen to and manipulate through the app and/or other connected device, and the contents of which they may be allowed to subsequently share to other parties, in accordance with the terms and conditions set forth in this Agreement.

Age Requirements:

The Product and Service are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should 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. Your parent or guardian must read and agree to abide by these terms on your behalf.

System Requirements:

Use of the Product and Service requires a compatible device, internet access (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and internet access, your ability to use the Service may be affected by the performance of these factors. 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 Product and Service are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

DigiTrax Entertainment reserves the right in their sole and absolute discretion to make changes from time to time and without notice in how the Product and Service operates. Any description of the Product and Service should not be considered a representation or obligation with respect to how the Product or Service will always work. DTE will make adjustments to the Product and Service, and from time to time these adjustments are not completely captured within the Terms of Use.

Personal Information Required to Use KR38R:

The KR38R Privacy Policy is a part of this Agreement, the Product and the Service. If you have not already read the KR38R Privacy Policy, you should do so now.

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. DTE may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that KR38R may store and use the Registration Data you provide for use in maintaining your account.

User Account and Security policies:

As a registered user of the Product and/or Service, you may establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify KR38R of any unauthorized use of your Account or any other breach of security. KR38R shall not be responsible for any losses arising out of the unauthorized use of your Account.

Delivery of Product and Service:

DTE will make every effort to assure that End-users have continuous access to the Product and Service. On occasion, technical issues may delay or deny delivery of the Product or Service, and DTE reserves the right to discontinue or cancel the KR38R Product and Service at any time, for any reason, without notification. Changes in the Product or Service may also affect your ability to access certain content. You acknowledge and agree that, without exception, DTE shall have no liability to you in the case of such delays or denials, whether caused by technical problems, hostile or illicit activity, acts of God, or any other cause.

The KR38R Product and Service makes every effort to provide a broad music offering. DigiTrax Entertainment reserves the right at its sole discretion to change the music catalogue at any time, for any reason, without notice.

Intellectual Property:

The Product, Service and their contents, including but not limited to User Generated Content, are the exclusive intellectual property of DigiTrax Entertainment, Inc. (“DTE”). DTE reserves all rights to this intellectual property, except as set forth in this Agreement. All the materials in the Product and Service are either wholly-owned by or licensed by DigiTrax Entertainment from the owners of the intellectual properties referenced therein. Under the terms of these license agreements, DTE pays license fees for all the materials, subject to the Law.

All ownerships in and to the Service and Product, including but not limited to the KR38R logo, graphics, the compilation of content, postings, links to other Internet resources, descriptions of those resources, the Product’s look-and-feel, iconography, colors, presentation, user interface and user experience, and other integrated elements, are owned by DigiTrax Entertainment, Inc.

All trademarks, service marks, trade names, graphics, company names, slogans, logos, and any other ownership items used in connection with the Product or Service may be trademarks of their respective owners. You are granted no rights to copy, distribute or use them in any other way without the express prior written consent of the respective owners.

How you can use KR38R:

In using the FREE tier of the KR38R Product and Service, or in utilizing a music track that has been designated within the KR38R Product and/or Service as “FREE”, in accordance with the Agreement, THE END-USER MAY:

Listen to the provided music tracks
Adjust and alter the music tracks with the included MixPad tools
Record or add audio and/or video User Generated Content (“UGC”) synchronized to the music tracks
Save a version of the altered music and recorded video UGC on our servers
Share a version of the altered music and video UGC

In using a PURCHASED MUSIC TRACK, or when SUBSCRIBED to the KR38R Product or Service in accordance with this Agreement, THE END-USER MAY:

Listen to the provided music tracks
Adjust and alter the music tracks with the included MixPad tools
Record or add audio and/or video User Generated Content (“UGC”) synchronized to the music tracks
Save a version of the altered music and recorded video UGC on our servers
Share a version of the altered music and video UGC
Monetize up to 25% of their version of the music and video UGC made available outside the KR38R platform

When the end-user is utilizing the FREE tier of the KR38R Product and Service and creates UGC, DigiTrax Entertainment, Inc. retains and reserves all rights to any original intellectual property embodied in the User Generated Content, including, but not limited to, lyrics, vocals, instrumental performances, video performances, or any other included, protectable element of the finished work, on or off the KR38R platform. DTE will aggressively and constantly monitor video and audio outlets to protect these rights, and reserves the right to take such action as is deemed necessary, including but not limited to issuing takedown notices, registering ownership, bringing legal action, and monetizing such materials wherever and whenever they are found.

When the end-user is utilizing the SUBSCRIPTION tier of the KR38R Product and Service, OR A PURCHASED MUSIC TRACK, and creates UGC that is subsequently made available outside the KR38R platform, DigiTrax Entertainment, Inc. retains and reserves SEVENTY-FIVE PERCENT (75%) of all rights to any original intellectual property embodied in the User Generated Content, including, but not limited to, lyrics, vocals, instrumental performances, video performances, or any other included, protectable element of the finished work, when it is made available outside the KR38R platform, and ONE HUNDRED PERCENT (100%) of those rights within the KR38R platform. The End-User is permitted to claim up to TWENTY-FIVE PERCENT (25%) of revenues generated from the commercial distribution of their User Generated Content, outside the KR38R platform. In no case will DTE be responsible for monitoring, registering, tracking, claiming, collecting or distributing the End-User’s portion of revenues generated from commercially-distributed UGC.

When the end-user is utilizing the FREE tier of the KR38R Product and Service, or in utilizing a music track that has been designated within the KR38R Product and/or Service as “FREE”, all the materials are available SOLELY FOR PERSONAL, NON-COMMERCIAL USE. FURTHER DISTRIBUTION, RESALE, BROADCAST OR OTHER USE, EXCEPT AS SPECIFICALLY PROVIDED FOR IN AND BY THE KR38R PRODUCT AND SERVICE, IS STRICTLY PROHIBITED.

Terms Of Use for KR38R:

KR38R is unable to control all KR38R users; therefore you are responsible for usage of the materials represented on the KR38R app and/or website. Your use of the Product and/or Service is conditioned upon your prior acceptance of the terms of this Agreement.
You shall be authorized to use the Product and Service only for PERSONAL, NON-COMMERCIAL USE. Commercial use of any media you create with KR38R may be permitted, provided such use is set forth as allowed and in compliance with this Agreement.

The delivery or use of the Product or Service does not confer to any party any commercial, ownership, trademark or promotional rights to the Products, Service, or any content associated with, or delivered by or through the Product and/or Service.

You agree that your use of Product and/or Service constitutes your acceptance of and agreement to use the Product and Service solely in accordance with this Agreement, and that any other use of the Products or Service may constitute an infringement. The Agreement shall govern your rights with respect to the Product and Service, in addition to any other terms or rules that may have been established between you and another party.

You acknowledge that some aspects of the Service, Products, and administering of the same entails the ongoing involvement of DTE. Accordingly, in the event that DTE changes any part of the KR38R Product or Service, or discontinues the Product or Service, which DTE may do at its election at any time and for any reason, you acknowledge that you may no longer be able to use the Product or Service as you may have prior to such change or discontinuation, or at all, and that DTE shall have no liability to you in any case.

The Service may offer interactive features that allow you to, among things, submit or post information and materials on areas of the Service accessible and viewable by other users of the Service and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby grant DigiTrax Entertainment a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to the Product, without any compensation or obligation to you.

In all cases, the End-User is forbidden to use intellectual property not wholly-owned by the End-User in the creation of User Generated Content (UGC), or create UGC that is offensive, illicit, illegal, immoral, or promotes hate, racism, or other socially-unacceptable behavior. DigiTrax Entertainment reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time, for any reason, in its sole discretion, and without liability.

You agree that the Product and Service, including but not limited to graphic content, video content, audio content, and editorial content, contains proprietary information and material that is owned by DigiTrax Entertainment, Inc. and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to ownership, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Product and/or Service, and in compliance with the terms of this Agreement.

No portion of the Product or Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, except as set forth in this Agreement, and you shall not exploit the Product or Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, DigiTrax Entertainment, Inc. and its licensors reserve the right to change, suspend, remove, or disable access to any Product, Service, content, or other materials comprising a part of the Product or Service at any time, without notice. In no event will DTE be liable for the removal of or disabling of access to any such Products, Service, content or materials under this Agreement. KR38R may also impose limits on the use of or access to certain features or portions of the Product or Service, in any case and without notice or liability.

Account Termination:

If you fail, or DigiTrax Entertainment suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to provide KR38R with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, DigiTrax Entertainment, at its sole discretion, without notice to you, may:

Terminate this Agreement and/or your Account; and/or
Terminate the license to the software; and/or
Preclude access to the Service (or any part thereof)

Service Termination:

DigiTrax Entertainment reserves the right to modify, suspend, or discontinue the Product or Service (or any part or content thereof) at any time with or without notice to you, and DigiTrax Entertainment will not be liable to you or to any third party should it exercise such rights.

General Compliance with Law:

The Service is controlled and operated by DigiTrax Entertainment from its offices in the USA. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations to which you are subject and that apply to your use of the Product and Service.

DigiTrax Entertainment reserves the right to take steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to DigiTrax Entertainment’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights.

Enforcement of Terms:

These Terms of Service are integrated with any other specific agreements between you and DigiTrax Entertainment constitute the entire agreement between you and DigiTrax Entertainment and govern your use of the Product and Service, superseding any prior agreements between you and DigiTrax Entertainment. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. DTE reserves the right to terminate or restrict your use of the Product and/or Service, without notice, for any or no reason whatsoever.

If any part of these Terms of Service is held 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. DigiTrax Entertainment’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. DigiTrax Entertainment will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Third-Party Materials and Websites:

KR38R is an online interactive music streaming Product and Service providing end-users with access to interactive music tracks streaming over the Internet to compatible devices. These devices are manufactured and sold by entities other than DigiTrax Entertainment.

Certain content, products, services and advertisements available via the Product and Service may include materials from third parties, solely as a convenience to you. In addition, the Product and Service may provide links to certain third party websites through that content, service, product or advertisement, solely as a convenience to you.

You acknowledge and agree that DigiTrax Entertainment is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. DigiTrax Entertainment does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, services and advertisements of third parties.

Disclaimer of Warranties and Liability Limitations:

DigiTrax Entertainment does not guarantee, represent, or warrant that your use of the Product and/or Service will be uninterrupted or error-free, and you agree that from time to time DTE may remove the Product or Service for indefinite periods of time, or cancel the Product or Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Product or Service is at your sole risk. The Product, Service and all products and services delivered to you through the Product or Service are provided “as is” and “as available” for your PERSONAL, NON-COMMERCIAL use, except as provided for in this Agreement, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and no infringement.

In no case shall DigiTrax Entertainment, or their 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 Products or Services, or for any other claim related in any way to your use of the Products or 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 posted, transmitted, or otherwise made available via the Product or Service, even if advised of the possibility thereof.

DigiTrax Entertainment shall use reasonable efforts to protect information submitted by you in connection with the Product and Service, but you acknowledge and agree that your submission of such information is at your sole risk, and DigiTrax Entertainment hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

DigiTrax Entertainment does not represent or guarantee that the Product or Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and DTE disclaims any liability relating thereto. You shall be responsible for backing up your own system and data.

Waiver and Indemnity:

By using the Product or Service, you agree to indemnify and hold KR38R, DigiTrax Entertainment, their directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the Service, or any action taken by DigiTrax Entertainment as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.

This means that you cannot sue or recover any damages from KR38R, DigiTrax Entertainment, their directors, officers, employees, affiliates, agents, contractors, 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 Product or Service, or to take any other action during the investigation of a suspected violation or as a result of DigiTrax Entertainment’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision apply to all violations described in or contemplated by this agreement.

Changes and Notices:

DigiTrax Entertainment reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Product or Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the KR38R Product and/or Service following the incorporation of the Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

From time to time, KR38R may send you a notice with respect to the Product or Service by sending an email message to the email address listed in your KR38R Account contact information, by push notification to your mobile device, or by a posting on the KR38R website. Notices shall become effective immediately.

No DigiTrax Entertainment, Inc. employee or agent has the authority to vary any of the KR38R Product or Service’s policies or the terms and conditions governing any interaction with the Product or Service in the oral form, by means of e-mail or in any other way. All changes to the Terms of Service of KR38R occur by means of the publication in the corresponding section of the KR38R website.

Governing Law:

The laws of the United States of America govern these Terms and your use of the Product and Service. Your use of the Product and Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DigiTrax Entertainment or relating in any way to your use of the Product or Service resides in the courts of the United States, and the State of Tennessee.