INFINITE ALBUM (MELODRIVE) END USER LICENSE AGREEMENT
Last updated: August 15, 2023
These Terms of Service of the Melodrive End User License Agreement (“Terms”) govern the website www.infinitealbum.io (including both mobile and online versions) (the “Site”; interactive features, applications and/or plug-ins (“Apps”); content, instrument assets, samples, synthesizers, musical themes, computer Software in object code form, associated modules, files, libraries, data, metadata, media, printed materials, online or electronic Documentation, and any upgrades, modified versions, and additions (“Content”); and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, Apps, Content, and other online services, the “Service”), which are made available by Melodrive Inc. (“Infinite Album,” “Melodrive”, “we”, “our” or “us”). Each time you access and/or use the Service, you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Please do not use the Service if you do not agree to these Terms and the Additional Terms.
Any guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions and posted anywhere within the Service will apply to your use of the Site, the Apps and the Service and/or to services or products offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will prevail unless expressly stated otherwise. Please note that certain special or temporary or third-party features and/or services available via the Service may be governed by different terms of use.
If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership, group, Organization or any other entity with which you are associated (an "Organization"), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to "you" and "your" in these Terms will refer to both the individual using the Service and to any such Organization.
These Terms permit you to use and enjoy the Service with some specified limitations.
By using the Service, you affirm either (1) that you are of legal age in your jurisdiction to enter into these Terms or, (2) if you are not of legal age in your jurisdiction but are older than twelve (12), that you have obtained parental or guardian consent to enter into these Terms. The service is not available to individuals who are under the age of thirteen (13).
These Terms contain a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
1. Changes
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site or Apps. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. The "Last Updated" legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Site or Apps via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all users.
2. Information Submitted Through the Service
Your submission of information through the Service is governed by Melodrive's Privacy Policy, located at https://www.infinitealbum.io/privacy (the "Privacy Policy"). You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. Jurisdictional Issues
The Service is controlled or operated (or both) from the United States and is not intended to subject Melodrive to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Availability of Service and Music Content
Melodrive makes available through the Service, Apps and other software that can be used to generate with artificial intelligence fully produced music tracks using simple settings determined and provided by Melodrive. Any track, recording, stem, or song generated by or in connection with your use of the Service, including the composition therein and the sound recording thereof, is solely owned by Melodrive and its licensors (as further set forth in Section 9.1 below) and is referred to herein as "Music Content."
Features of our Service are only available to registered users who subscribe to such features (see section 6 below).
Melodrive reserves the right to suspend or terminate the availability of the Service and Music Content (and/or any elements or features thereof including without limitation “muting”, watermarking, or blocking real-time delivery of Music Content) at any time, in whole or in part, for any reason, in Melodrive’s sole discretion, and without advance notice or liability.
Use of the Service requires a compatible device, Internet access and may require obtaining updates or upgrades from time to time. You are responsible for obtaining, maintaining, updating, upgrading and paying for all hardware and all telecommunications and other services needed to use the Service.
5. Rules of Conduct
In connection with the Service, you must not:
▪ Use the Service for any commercial use except as expressly authorized herein.
▪ Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others.
▪ Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Melodrive's express prior written consent.
▪ Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
▪ Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
▪ Harvest or collect information about users of the Service.
▪ Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
▪ Restrict or inhibit any other person from using the Service.
▪ Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
▪ Remove any copyright, trademark or other proprietary rights notice from the Service.
▪ Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Melodrive's express prior written consent.
▪ Create multiple user accounts or share your user account with any person.
▪ Systematically download and store Service content.
▪ Otherwise violate these Terms or any Additional Terms.
6. Membership Plans
The Service is made available pursuant to different membership plans (each a "Plan"), some of which are subject to certain charges. Our Apps and the Plans required to use them are hosted and managed by the Overwolf platform. You will subscribe to our Plans and install our Apps via the Overwolf platform. You agree to read and abide by the terms of use required by Overwolf and to keep your Overwolf account in good standing in order to continue using our Services. The Overwolf terms of service can be found at https://www.overwolf.com/legal/terms/.
You will upgrade or downgrade your Plan via the Overwolf platform. Overwolf is entirely in control and responsible for your account with them and in turn your ability to access our Apps which are made available on their platform. You agree to contact Overwolf with any problem, concern, billing issue, or other matter relating to your subscription to our Apps or to your account with Overwolf and to indemnify us and release us from harm from any dispute that may arise between you and Overwolf.
Further information regarding the different plan options made available by Melodrive can be found at the pages located at https://www.infinitealbum.io/pricing.
7. Accounts
In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process (an “Account”) that we make available through the Service or through that of a partner. Partners include but are not limited to Overwolf, Twitch, and Mix It Up. We will prompt you when user accounts to other services are required, and you agree to create user accounts on those services and to comply with all terms of service of said services.
If you register on our Service for any of our features that require a password and/or username, you must select a password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password). You agree and undertake to provide only true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete and that you are solely responsible for all activities that occur under your Account, password, and username – whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password, and you agree to immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security. Your Account is personal to you, and you agree to not sell, transfer, or assign your Account or any Account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your Account. We also reserve the more general and broad right to terminate your Account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability and without reimbursement.
8. Your Interactions With Other Users; Disputes
You are solely responsible for your interactions with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
Alerting Us of Violations.
If you discover any content that violates these Terms, then you may report it to us at info@infinitealbum.io.
9. Music Content
Subject to these Terms and to the features and settings made available by Melodrive to you as part of the Service, you may use the Service to access, generate, and use Music Content.
9.1 Ownership of Music Content
You agree that all Music Content shall, from the inception of creation, be the sole property of Melodrive, its licensors, and its designees throughout the world, free from any claims whatsoever by you or any other third party. Melodrive, its licensors, and its designees shall have the exclusive right to copyright Music Content in its and/or their name(s) as the sole owner(s) and author(s) thereof and to secure any and all renewals and extensions thereof throughout the world. Music Content shall be deemed a "work for hire" owned by Melodrive, its licensors, and/or its designees. If for any reason Music Content is determined not to be a "work for hire", then all right, title and interest therein and thereto, including all copyrights therein, are hereby deemed irrevocably transferred to Melodrive, its licensors, and/or its designee(s). To the extent that any third party you engaged or otherwise collaborated with in connection with Music Content has any right, title, or interest in or to any such Music Content (or any component thereof), you agree to: (a) cause each of your Collaborators to execute any documents or take any other actions as Melodrive may request to irrevocably waive such rights and perfect Melodrive's ownership interest in and to Music Content, (b) at Melodrive's request, consent to and join in any action to enforce such rights. In the event you fail to execute any documents or instruments necessary to conclude the foregoing transfer, then you hereby irrevocably grant to Melodrive the power to do so on your behalf. Melodrive shall use reasonable efforts to provide you with copies of any such documents mentioned in the preceding sentence. You hereby irrevocably and unconditionally waive any and all moral and like rights that you might have in Music Content and in the performances embodied therein and hereby agree not to make any claim against Melodrive, its licensors, its designees, or any party authorized by Melodrive to exploit Music Content based on such moral or like rights. Without limiting any of Melodrive's rights in the Music Content, Melodrive shall have the universe-wide right, in perpetuity, in its sole discretion, to use, reproduce, distribute, adapt, create derivative works based on, transmit, display and perform (publicly or otherwise), make, sell, offer to sell, import and otherwise exploit Music Content (including, without limitation, in albums, singles, records, music videos, and any advertisements, trailers, clips, featurettes, or other promotions in connection therewith), in any and all media now known or hereafter devised, and by any means or methods now known or hereafter devised.
You acknowledge and agree and it is the intent of the parties hereto that neither you nor any of your employees or contractors shall receive any Melodrive-sponsored benefits from Melodrive either as a consultant or employee. Such benefits include, but are not limited to, paid vacation, sick leave, medical insurance, and 401(k) participation. If you are reclassified by a state or federal agency or court as an employee, Consultant will become a reclassified employee and will receive no benefits except those mandated by state or federal law, even if by the terms of the Melodrive's benefit plans in effect at the time of such reclassification you would otherwise be eligible for such benefits.
9.2 Membership Plans and Licensing of Tracks
Although Melodrive owns all Music Content, as detailed in Section 9.1 above, users that are subscribed to certain Plans are permitted to license from Melodrive a certain amount of Music Content, depending on the Plan. In the event you license Music Content from us pursuant to a Plan, Melodrive will grant you a non-exclusive, worldwide, royalty-free, perpetual, non-transferable and non-sublicensable license to: (i) share such Music Content on Melodrive-approved third-party social media services (for clarity, YouTube, TikTok, Facebook, Instagram, and Twitch are approved by Melodrive), in each case subject to the terms of the applicable third-party platform(s) and Melodrive's agreements (if any) with such platform(s), and also subject to Melodrive's sole right to claim and monetize the applicable Music Content on such third-party platform(s); and (ii) solely as it pertains to the features and settings made available to you as part of your Plan (which, for the avoidance of doubt, are subject to change from time to time): (a) remix, alter, and/or reproduce Music Content, with or without modifications, solely for its incorporation into or creation of an audio or audiovisual recording (the "Derivative Work"), and (b) to reproduce, transmit, publicly perform or display, communicate and make available to the public, and to otherwise use the Music Content, in all media and formats whether now known or hereafter created; provided that, unless otherwise provided in the features and settings made available to you as part of your applicable Plan: (A) the foregoing use of the Music Content are solely for personal, non-commercial purposes; and (B) Melodrive shall have the exclusive right to issue licenses for the following uses of the Music Content: (I) synchronization with motion pictures, television productions, video games, advertisements, and other audiovisual works; (II) broadcasts and radio; (III) live streams, metaverse concerts and other similar live performances and events outside of your productions on the aforementioned third-party social media services; (IV) all "in-app" sales, and (V) so-called "non-fungible tokens" and other digital collectibles.
For the avoidance of doubt, the foregoing license does not allow you to: (i) use Music Content on a stand-alone basis or in isolation, such as sound effects or as loops, (ii) sell, loan, lend, share, give, broadcast, rent, assign or otherwise distribute, transfer, provide or make available to anyone any Music Content except as provided within our Service, (iii) use Music Content for the creation of a sound or sample library or as a sound or sample library or part thereof, including for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instruments, (iv) sell, loan, lend, share, give, broadcast, rent, assign or otherwise distribute, transfer, provide or make available to anyone Music Content or any part of the Music Content on a stand-alone basis or as repackaged into audio samples, sound libraries or sound effects, except as permitted by Melodrive, (v) use Music Content to create content that is illegal or is otherwise defamatory, offensive, obscene or promotes the same, (vi) use the Music Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or (vii) use the Music Content for training purposes with machine learning or artificial intelligence models/algorithms/software. Melodrive reserves the right to revoke its license to you if it discovers that you are using Music Content in any of the foregoing ways or as not expressly permitted hereunder.
9.3 Infringement of Other Intellectual Property
If you believe that any of your intellectual property has been infringed by an improper use of Music Content on the Service, then you may send an email to info@infinitealbum.io that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
(d) your full name, address, telephone number and email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to Melodrive with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
10. License to Feedback
You agree that Melodrive may use any suggestions, ideas, proposals or other materials provided by you, whether related to the Service or otherwise ("Feedback"), and you hereby agree that such Feedback is not confidential. You hereby grant to Melodrive, on your behalf and on behalf of any applicable Collaborators, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party (including any of your Collaborators) to use and otherwise exploit such Feedback.
11. Monitoring of the Service
We may (but have no obligation to) monitor, evaluate, alter or remove features and/or Music Content before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to third parties in accordance with Melodrive's Privacy Policy, located at https://www.infinitealbum.io/privacy (the "Privacy Policy"). We maintain an automatically updating database of user analytics for the purpose of maintenance, analyzing the quality and progress of our Service and its features, identifying potential infractions of use of our Service, and identifying opportunities for improvement, among other reasons.
12. Melodrive's Proprietary Rights
We own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include “Melodrive,” "Infinite Album," and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
13. Links To Third Party Sites And Access To Third Party Materials
Linked Services; Advertisements. The Service may contain links or direct access, as part of third-party ads on the Service or as part of access we provide to third party materials/services from partners or affiliated platforms or applications that work in conjunction with our Services, or otherwise, to or from third-party websites and services (“Linked Services”), including websites operated by advertisers, licensors, licensees, recruitment services and certain other third parties who may have business relationships with Melodrive. Melodrive has no control over the content, operations, policies, terms, or other elements of Linked Services, and Melodrive shall assume no obligation to review any Linked Services. Melodrive does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Melodrive is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, Melodrive will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. Melodrive disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services) are solely between you and the third party [including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like]. Melodrive disclaims all liability in connection therewith.
14. Representations and Warranties
14.1
If you are an individual entering into these Terms on behalf of an Organization, you hereby represent and warrant that you are authorized to act on behalf of such Organization. If you are an Organization, you hereby represent and warrant that the individual entering into these Terms on your behalf is authorized to act on your behalf.
14.2
In addition to the other representations and warranties contained herein, you hereby represent and warrant that: (a) you are authorized to act on behalf of any of your Collaborators; and (b) you have and will maintain all permissions, approvals, authorizations, licenses, and other rights necessary to grant the rights and licenses granted to Melodrive hereunder, including any such permissions, approvals, authorizations, licenses or other rights of any of your Collaborators.
15. Disclaimer of Warranties
To the fullest extent permitted under applicable law: (a) the Service, any Music Content and Third Party Materials are made available to you on an "As Is," "Where Is," and "Where Available" basis for your personal, non-commercial use, without any warranties of any kind, whether express, implied or statutory; and (b) Melodrive disclaims all warranties with respect to the Service, any Music Content and Linked Services, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both Melodrive and its affiliates and their respective directors, officers, employees, affiliates, agents, representatives, licensors and service providers (collectively, the "Affiliated Entities"), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors, and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at info@infinitealbum.io with a description of such alteration and its location on the Service.
16. Limitation of Liability
To the fullest extent permitted under applicable law: (a) Melodrive will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use of data, loss of other intangibles, even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Melodrive will not be liable for damages of any kind resulting from your use of or inability to use the Service or Linked Services, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Service or Linked Services is to stop using the Service; and (d) the maximum aggregate liability of Melodrive for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount, if any, paid by you to Melodrive to use the Service. All limitations of liability of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both Melodrive and the Affiliated Entities, and their respective successors and assigns.
17. Indemnity
17.1
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Melodrive and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) (together, "Losses") arising out of or relating to (a) your use of, or activities in connection with, the Service (including Music Content, any component thereof or any modifications that you or your Collaborators have made to Music Content); (b) any violation or alleged violation of these Terms by you; (c) any claims brought or threatened against Melodrive or any Affiliated Entity by any of your Collaborators; and (d) any third-party claims brought or threatened against Melodrive or any Affiliated Entity related to any act or omission of any of your Collaborators.
17.2
In addition, if you entered into these Terms on behalf of an Organization, you agree to defend, indemnify and hold harmless Melodrive and the Affiliated Entities, and their respective successors and assigns, from and against all Losses arising out of or relating to (a) any claims brought or threatened against Melodrive or any Affiliated Entity by such Organization; and (b) any third-party claims brought or threatened against Melodrive or any Affiliated Entity related to any act or omission of such Organization.
18. Termination
These Terms are effective until terminated. Melodrive may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if Melodrive believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease, and Melodrive may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–22 shall survive any expiration or termination of these Terms.
19. Governing Law; Arbitration
19.1
These Terms and any claim or dispute relating to or arising under these Terms or in connection with your use of the Service are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, or any rules of private international law, that would lead to the application of any other laws, and regardless of your location.
19.2
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Melodrive, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Melodrive and you are each waiving the right to trial by a jury. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
19.3
If you are an individual who is accessing or using the Service in your individual capacity, (a) the arbitration will be administered on an individual basis (i.e., not as a class arbitration or class action) by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms (the Consumer Arbitration Rules are available online at the webpage located here); (b) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (c) any in-person appearances will be held in Los Angeles, California.
19.4
If you are (a) an Organization; (b) an individual accessing or using the Service on behalf of, or for the benefit of, an Organization; or (c) if you are an individual using the Service in a business capacity, arbitration will be administered on an individual basis (i.e., not as a class arbitration or class action) by the American Arbitration Association under its Commercial Arbitration Rules, as amended by these Terms (the Commercial Arbitration Rules are available online at the webpage located here), and the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Los Angeles, California.
19.5
The arbitrator's decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. You agree that the federal and state courts located in Los Angeles County in the State of California, U.S.A., will have such jurisdiction, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
20. Information or Complaints
If you have a question or complaint regarding the Service, you may contact us at info@infinitealbum.io. Please note that such communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. Updates To Terms
These Terms (or, if applicable, Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish new terms occurs. You should frequently check the home page and the email you associated with your Account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
22. Miscellaneous
Neither these Terms nor your use of the Service shall be construed to create or otherwise result in any partnership, joint venture, employer-employee, agency, franchisor-franchisee, or fiduciary relationship between Melodrive and you or any of your Collaborators. Neither you nor any of your Collaborators are an employee, agent, or partner of Melodrive. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in these Terms shall be construed as if followed by the phrase "without limitation." These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and Melodrive relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Melodrive relating to such subject matter. These Terms are for the benefit of, and will be enforceable by, you and Melodrive only. These Terms are not intended to confer any right or benefit on any third party, including any of your Collaborators. No action may be commenced or prosecuted against a party hereto by any third party claiming as a third-party beneficiary of these Terms. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or Apps or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Melodrive will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.