Terms and Conditions

Please read before using our service.

Terms and Conditions of SpinApp.com

This document (the “Agreement”) is a legally binding agreement between you and SpinApp Mobile, Inc, a New York Corporation (“SpinApp”), that governs your use of SpinApp’s mobile website application and services.

SpinApp Mobile, Inc. ("SpinApp", "We" or "Us") provides a service to enable you to develop and manage mobile website applications ("Application"). By using the SpinApp.com web site ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

SpinApp Mobile, Inc. reserves the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms and Conditions, we will post the changes on the Site or provide you with notice of the modification. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Service. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.



Account Terms

  • 1.By ticking the “I agree” box or pressing the “I Accept” button when creating a SpinApp's account or by using the SpinApp's web application (including but not limited to the downloading of said application) or the SpinApp's Service, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that any registration information that you submit to SpinApp is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the SpinApp's Privacy Policy.
  • 2. You must be 13 years or older to use this Service and open an account ("Member Account").
  • 3. Accounts registered by "bots" or other automated methods are not permitted.
  • 4. You are responsible for maintaining the security of your Account and password. SpinApp cannot and will not be liable for any loss or damage from your failure to comply with this security obligation or lost account information.
  • 6. You are responsible for all text, data, graphics, images, photos and video files posted on the Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your Account).
  • 7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).


Payments and Refund Terms

  • 1. If you agree to pay the fee for access to the applicable SpinApp for Service, such fee will be charged by the company designated by SpinApp in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the SpinApp's Websites are inclusive of any applicable sales taxes and fees.
  • 2. SpinApp's Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
  • 3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.


Cancellation and Termination of Your Service Account

  • 1. You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted in writing to cancell@spinapp.com. Cancellations by phone or sent to any other email address will not be considered acceptable methods or valid.
  • 2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
  • 3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  • 4. SpinApp Mobile, Inc, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other SpinApp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
  • 5. We reserves the right to refuse service to anyone for any reason at any time.


Modifications to the Service and Prices

  • 1. SpinApp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.
  • 2. Spin App may change prices from time to time. Any price change will be communicated to you. If you do not wish to be bound by such changed price relating to your Paid for Service you may terminate your subscription for the Service. Your continued use of the SpinAppfor Service after the communication of such price change to you constitutes an acceptance of such new price.
  • 3. We shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.
  • 4. From time to time, we may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although we will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
  • 5. Your subscription to the SpinApp for Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with (Term and Termination), or, in the case of the access to the SpinApp service is revoked by us.


    • Internet and Mobile Web Social Responsibility

    The SpinApp Service has features that allow you to make your profile publicly available, share links to tracks and playlists, photos and/or other content with other users of the our Service and integrate your activities on the SpinApp platform with functionality offered by third party social networking services, including Facebook and Twitter. SpinApp reserves the right, in its absolute discretion, to disable your account if it believes that you are violating other people. Unacceptable behavior will result in your account being terminated and you being blocked from accessing the SpinApp' service. Examples of unacceptable behavior include, but are not limited to:

    • 1. giving playlists offensive, abusive, defamatory, pornographic or obscene titles;
    • 2. harassing or bullying other users;
    • 3. spamming other users through the inbox, or using automated means to artificially promote content; and
    • 4. using a photo on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic or obscene.


    Strict Restriction of Use

    You must agree that you may not (without limitation):

    • 1. copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the SpinApp web application or the SpinApp Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
    • 2. sell or attempt to sell any invite to access the SpinApp Service, or resell any code used to access the SpinApp Paid for Service;
    • 3. provide your password to any other person or use any other person's user name and password;
    • 4. reverse-engineer, decompile, disassemble, modify or create derivative works based on the SpinApp's Application or any part thereof;
    • 5. circumvent any technology used by SpinApp, its licensors, or any third party to protect content accessible through the SpinApp web application and SpinApp Service;
    • 6. rent or lease any part of the SpinApp web application or the SpinApp Service;
    • 7. use the SpinApp web application or the SpinApp Service in a way that violates the terms of this Agreement;
    • 8. circumvent any territorial restrictions applied by SpinApp;
    • 9. artificially increase play count or otherwise manipulate the SpinApp web application or the SpinApp Service by using a script or other automated process;
    • 10. import any local files which you have not legally acquired into the SpinApp Service; and
    • 11. copy any local files which you have not legally acquired onto your mobile handset or other device using the Mobile Client or web service or alike.

    In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the SpinApp web application and the SpinApp Service and its content.



    The Copyright and Content Ownership

    • 1. We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Application, you agree to allow others to view and share your Content via your Application.
    • 2. SpinApp does not pre-screen Content, but SpinApp and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
    • 3. The Site and the Service, are protected by copyright, trademark, and other laws of the United States and foreign countries. SpinApp exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from SpinApp.
    • 4. You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with your Application.


    Privacy

    You agree that SpinApp has a right to collect and process your personal information in accordance with the SpinApp Privacy Policy.



    General Conditions For SpinApp Service and Use of Site

    • 1. Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SpinApp EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
    • 2. Technical support is only available via email. spinappservices@spinapp.com
    • 3. You hereby grant to SpinApp a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to the Service. SpinApp does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.
    • 4. You understand that SpinApp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    • 5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other SpinApp service.
    • 6. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SpinApp.
    • 7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    • 8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SpinApp customer, employee, member, or officer will result in immediate Account termination.
    • 9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    • 10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
    • 11. You must not transmit any worms or viruses or any code of a destructive nature.
    • 12. SpinApp does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
    • 13. You expressly understand and agree that SpinApp 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 SpinApp 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; (v) or any other matter relating to the Service.
    • 14. You agree to defend, indemnify, and hold SpinApp, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Application.
    • 15. The failure of SpinApp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SpinApp and govern your use of the Service, superseding any prior agreements between you and SpinApp (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
    • 16. In no event shall SpinApp’s liability to you exceed the amount actually paid to SpinApp by you during the preceding 12 months.


    Additional Terms and Termination Policy

    This Agreement will become effective in relation to you when you have ticked the “I agree” box when creating a SpinApp account or when you start using the SpinApp Application or the SpinApp Service; and will remain effective until terminated by you or SpinApp. You may cancel your subscription of the SpinApp Paid for Service at any time which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). SpinApp will not refund any remaining portion of subscription fees you have already paid for. SpinApp reserves the right to terminate this Agreement or suspend your SpinApp account at any time in case of unauthorized, or suspected unauthorized use of the SpinApp web application or the SpinApp Service whether in contravention of this Agreement or otherwise. If SpinApp terminates this Agreement, or suspends your SpinApp account for any of the reasons set out in this section, SpinApp shall have no liability or responsibility to you, and SpinApp will not refund any amounts that you have previously paid.



    NO WARRANTY

    HE USE OF THE SPINAPP Application AND THE SPINAPP SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE SPINAPP web application AND THE SPINAPP SERVICE IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SPINAPP DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SpinApp web application OR THE SpinApp SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT. In addition, SpinApp does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the SpinApp Service or any hyperlinked website, or featured in any banner or other advertising. Consequently SpinApp will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the SpinApp Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from SpinApp shall create any warranty on behalf of SpinApp in this regard.



    LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SpinApp, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SpinApp web application OR THE SpinApp SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT), EVEN IF YOU HAVE ADVISED SpinApp ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.



    Indemnity

    You agree to indemnify and hold SpinApp and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights. This is also stated in above "General Terms".



    Intellectual property

    SpinApp respects intellectual property rights, and expects you to do the same. The SpinApp web application, the SpinApp Service and the content provided through the SpinApp Service is the property of SpinApp or SpinApp's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the SpinApp web application or the SpinApp Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the SpinApp service, which means that (for example) you may not import or copy any music which you have not legally acquired and have the right to so import or copy into the SpinApp web application or the Mobile Client. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the SpinApp web application or the SpinApp Service.



    Infringement Notice and Takedown Policy

    It is SpinApp's policy (a) to block access to or remove postings or other content that it believes in good faith infringes the copyrights of third parties, and (b) to remove and discontinue service to repeat infringers. If you believe that content made available on this website or through use of any services offered by SpinApp infringes your copyright, please send a notice of claimed copyright infringement, with the following information, to the email address noted below: i. Information reasonably sufficient to permit SpinApp to contact you, such as your real name, address, telephone number, and, if available, an electronic email address at which you may be contacted; ii. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the site or any of the services are covered by a single notification, a representative list of such works; iii. Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SpinApp to locate such material, including if possible the name of such work, and where such material may be found on the site or service (please be as detailed as possible so that we can actually find the material that you claim is infringing); iv. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and vi. Your electronic or physical signature.

    Once a complete and proper notice of claimed copyright infringement is received at the email address below, SpinApp will investigate such matter and take appropriate action(s), which may include, without limitation, removal of or disabling of access to infringing material and termination of site or service privileges of anyone who repeatedly infringes the copyrights of others. The email address for the above notices is: legal@SpinApp.com



    Technology Limitations and Modifications

    SpinApp will make reasonable efforts to keep the SpinApp web application and the SpinApp Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. SpinApp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the SpinApp web application and the SpinApp Service with or without notice.



    Assignment by SpinApp

    SpinApp may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.



    Entire agreement

    This Agreement together with the our Privacy Policy, and our Terms and Conditions (the “Agreements”) constitutes all the terms and conditions agreed upon between you and SpinApp and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to SpinApp are void.



    Severability

    Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.



    Governing Law and Disputes

    This Agreement shall be governed and construed in accordance with the laws of the State of New York. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of New York State.



    SpinApp Mobile, Inc.

    PO BOX 92506

    Rochester, NY 14692