Acceptance of Terms

By using Fruit Punch Music services, you agree to adhere to these terms. Fruit Punch Music reserves the right to modify these terms without notice. If you do not agree to these terms, you cannot use Fruit Punch Music. Fruit Punch Music may, from time to time update these terms without notice. You should revisit this page occasionally to review the terms and conditions.

There may also be Fruit Punch Music products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these terms and conditions.

Privacy

Your privacy is very important to us we designed our privacy policy to make important disclosures about how you can use Fruit Punch Music to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy and to use it to help you make informed decisions.

Fruit Punch Music Intellectual Property

All material on this site, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Fruit Punch Music or by other parties that have licensed their material to Fruit Punch Music (Copyrights). EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, MATERIAL FROM FRUITPUNCHAPP.COM OR ANY WEB SITE OR APPILICATION OWNED, OPERATED, LICENSED OR CONTROLLED BY FRUIT PUNCH MUSIC (FRUIT PUNCH MUSIC WEB SITES) MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. Modification of the materials or use of the materials for any other purpose is a violation of the Copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other Web Site, Application or networked computer environment is prohibited. To the extent necessary, Fruit Punch Music hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any material and/or software that you may download from this site and Application, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the Downloaded Material) for use in association with Fruit Punch Music Application only, provided, however, that you must maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree that you may not store, sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from Fruit Punch Music or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.

Security of username and password

Fruit Punch Music accounts are protected by username and passwords. You agree to keep your password secure and not to disclose it to anyone. You also agree not to solicit or use another member's account and password. You are solely responsible for any and all use of your account.

Jurisdictional Issue

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.

You and Fruit Punch Music agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Contra Costa shall have exclusive jurisdiction over any dispute between you and Fruit Punch Music relating in any way to Fruit Punch Music, our website or user interfaces, or these Terms of Use. You and Fruit Punch Music expressly and irrevocably consent to personal jurisdiction and venue in these courts.

The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non- representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Electronic Communication

By using Fruit Punch Music, you consent to receiving electronic communications from Fruit Punch Music. These communications will include notices about your account (e.g., content downloads, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as featured programs, promotions, or other entertainment information or offerings.

These communications are part of your relationship with Fruit Punch Music and you receive them as part of Fruit Punch Music membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRUIT PUNCH MUSIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRUIT PUNCH MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE

Indemnity

You agree to indemnify and hold Fruit Punch Music and Fruit Punch, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not.

The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Disclaimer

THE MATERIALS IN FRUIT PUNCH MUSIC ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON FRUIT PUNCH MUSIC WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FRUIT PUNCH MUSIC OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY FRUIT PUNCH MUSIC IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Fruit Punch Music. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Fruit Punch Music or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Payment and Billing

If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services.

Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Fruit Punch Music assumes no liability or responsibility for the payment of any charges you may incur.

Cancellation

You may cancel your Fruit Punch Music membership at anytime, and will be subject to the terms and conditions outlined in the paragraph title Ongoing Membership above. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNUSED SERVICES. To cancel your membership, visit Apple support here: https://buy.itunes.apple.com/WebObjects/MZFinance.woa/wa/manageSubscriptions?mt=8&familyId=15045 and follow the instructions for canceling your membership.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE FRUIT PUNCH MUSIC END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE FRUIT PUNCH MUSIC AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with OUR SITE and the services offered. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use.

In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some of or all of the music, and/or videos may cease to be available for downloading and content streaming.

Content filter for Parents

All music being offered by Fruit Punch Music is CLEAN and radio quality. Fruit Punch Music does not promote explicit music. The definition of CLEAN music is exclusively defined by Fruit Punch Music. You agree to HOLD Fruit Punch Music HARMLESS of any liability for any "explicit" material that may be unintentionally heard by your child(ren). You also agree to notify Fruit Punch Music immediately if such explicit content is delivered and heard through Fruit Punch Music. Fruit Punch Music will take appropriate actions to correct.

Account Access

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information. To deactivate a device, go to your browsers and clear its history and prior settings.

If you find that you're a victim of identity theft and it involves Fruit Punch Music, you should notify customer service at support@fruitpunchapp.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Fruit Punch Music App and not through a hyperlink in an email, even if it looks official. Fruit Punch Music reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Fruit Punch Music is not obligated to credit or discount a membership for holds placed on the account by either a representative of Fruit Punch Music or by the automated processes of Fruit Punch Music.

Service Limitations and Service modifications

Fruit Punch Music will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate will exceed one hour.

Fruit Punch Music also reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice. Due to contractual or other limitations, from time to time, some tracks available in any particular catalog may no longer be available. Fruit Punch Music reserves the right to change or remove the tracks and albums available in our catalog at any time. Fruit Punch Music shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to and/or of any of the Service(s).

Fruit Punch Music License Granted on the Site

Fruit Punch Music hereby grants to you a limited, non-exclusive license to use our Applications solely for personal, noncommercial use, subject to this Agreement, including the following terms:

You may not:

More User Restrictions

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fruit Punch Music server, or to any of the services offered on or through the Site, by hacking, password, “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Fruit Punch Music, including any Fruit Punch Music account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Fruit Punch Music, systems or networks, or any systems or networks connected to the Site or to Fruit Punch Music.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fruit Punch Music on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fruit Punch Music or others.

Enrollment in Fruit Punch Music

In exchange for applicable fees, if any, and subject to the Agreement and the limitations described within this agreement, you will be granted the right to stream music tracks that are available as part of the applicable Service(s) according to the terms specified during the registration process, and simultaneously have access to our broad range of editorial and contextual information about the artists you are listening to and their recordings (including audio and, as applicable, video). In order to access your Service(s), you must possess the hardware and software required by the Application, and be connected to the Internet.

By subscribing to or accessing the Service, you are representing to us that you are authorized to use the credit card you submit for payment and that you reside in the United States. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of said person, any charges associated with that person use of any of the Services, and that person's compliance with this Agreement. You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold Fruit Punch Music and its affiliates and distribution and syndication partners harmless from any breach of this Agreement.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Fruit Punch Music with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Fruit Punch Music with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Fruit Punch Music, Fruit Punch Music will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Fruit Punch Music’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Fruit Punch Music of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Fruit Punch Music and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Contact Us

If you have any questions about these terms, or wish to report violators of these terms, contact support@fruitpunchapp.com.

This document was last updated on March 30, 2018.