Terms of Service
Last Updated: January 14, 2014
This Agreement governs your use of LyricsFan downloadable extension application, its browser add-ons and affiliated applications (“LyricsFan” or the “Software”). The Software is owned and distributed by Virtue Interactive Ltd. (the “Company”, “We” or “Us”) or its affiliate partners.
To make it easier to understand the Agreement, here is a summary of your rights and obligations. NOTE that this summary is NOT a substitute to the full terms of the Agreement:
- The Software enables you to find lyrics to songs on YouTube and display them alongside the music video. This use is subject to your right or authorization to watch and play YouTube’s videos, under YouTube’s terms and conditions.
- You may use the Software and content included in it for your personal, non-commercial use only.
- The use of the Software is free of charge and sponsored by advertisements that would be served to you by Us, by Our affiliates or by third party vendors (“Vendors”) under their sole responsibility.
- Each engagement that you make with a Vendor is governed by the Vendor’s own terms.
- The Software is provided to you with no warranty of any kind to the maximum permitted under the law.
- We may change or update these terms from time to time, therefore you must check the terms regularly to check such changes.
1. Introduction; The Software enables you to find lyrics to any song on YouTube and display them alongside the music video. Our Software will enhance your interaction with YouTube by adding features, functionality and content through your browser. The Software is FREE of charge and sponsored by advertisements and commercial offers that may be displayed to you by Vendors (as detailed below).
The Software is available for download at lyricsfan.co and other websites maintained by Us or by Our affiliates (the “Sites”). The Software, the Sites and any related features, updates, functionalities, products, services, software, websites, programs, promotions or content (including but not limited to advertisements and commercial offers) provided by Us or by Our affiliates will be referred to collectively as the “Services”.
Please note that this Agreement does NOT govern your use of YouTube platform and you should follow YouTube Terms of Service for such use (available at: https://developers.google.com/youtube/terms). The Software is not provided by, attributed to or endorsed by YouTube by any means.
2. Age Notification; By downloading and using the Software you certify you are over the age of 18 (i.e, you are not a minor) and you have the legal competence to be bound by this Agreement. If you are a minor then you certify that you have your parent or legal guardian’s authorization to install and use the Software and/or that your parent or guardian supervises your use.
3. License to Use the Software;
3.1. License Grant; Subject to your full consent to the terms and conditions of this Agreement, We hereby grant you a limited, personal, revocable, non-sub-licensable, non-assignable, non-transferable, non-commercial, non-exclusive and temporary right and license to use the Software or Services solely for your personal, non-commercial lawful use.
3.2. Restrictions; Except as expressly permitted by Us, you may not use, copy, download, reproduce, duplicate, archive, upload, modify, distribute, publish, sell, make derivative work, reverse engineer, attempt to gain un-authorized access to the Services or attempt to discover the source code or structure of the software or the functionality of the Software or Services, decompile or otherwise manipulate the Software or Services.
4. Software Features & Changes to your system;
4.1. The Software Features; The Software enhances your use of YouTube and your enjoyment of musical videos by displaying you lyrics alongside the music video.
Note that like most online features, by installing the Software you provide your consent to make few minor changes in your browser’s and operating system’s default preferences which enable the installation of the Software. At all times you will be able to revert back the changed settings again, by accessing the settings option of your browser and disable the Software (if you are using Internet Explorer (“IE”) or Fire Fox (“FF”) browser) or to uninstall the Software to revert back any change (if you are using Google Chrome (“Chrome”)).
Proxy Configuration: To ensure continuous Service and proper functionality of the Software we may operate in a proxy configuration. Proxy is a server that acts as an intermediary for requests from clients seeking resources from other servers. At your sole request you can manually revert back your proxy configuration to its original state or by completely uninstall the Software;
Protection: we may, now or in the future, use features or components to counter third party attempts to modify or replace your proxy configuration without notifying you or get your permission to do so; Such third parties may include (without limitation) malicious programs and other harmful code that, in some cases, may compromise your system (collectively or in separate “Un-permitted Access”). You are hereby giving us your permission to use such features automatically without prior notification to you. Such features and components will act to protect your then-current proxy configurations, however we cannot guarantee 100% success and in no case we will be responsible for any Un-permitted Access or changes made to your system preferences or proxy configurations or to any damage that might have been caused to you due to Un-permitted Access;
4.2. Third Party Advertisements and Links; The Software and Services are sponsored by third party advertisements and commercial offers and may also contain links to third parties websites, advertisements, products, offers, applications and more (“Third Party Content”). By downloading and using the Software you give your consent to display to you such Third Party Content (by using display ads, pops, coupons, price comparison, in-line text and content recommendations) through Our or Our business partners’ technology. To learn more about such advertising tools and third party providers click here;
In no case and for no reason We will be liable or responsible for such Third Party Content and your engagement with such Third Party Content is at your sole risk and responsibility.
5. Updates; We may periodically install an automated updater once a new version of the Software is released so at all times you will use the most up to date version of the Software and Services. We may do that without priory notify you and without any action on your part.
7. Proprietary Rights; The Services and data that provided to you through the Software contain materials that may be protected by international copyright, and/or any other intellectual property (“IP”) laws, that are owned by Us, Our licensors, Vendors, partners and/or affiliates or other third parties. Such material may contain information, logos, text, images, video, sounds, musical works, works of authorship, applications, and other materials or content (“Protected Content”). Except as permitted by Us in this Agreement, and without derogating from the generality of the described under the “License to use the Software” section, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.
We respect your rights and the rights of others and do our best to protect such rights. If you believe that your right, or other third party’s right, have been abused or violated, please contact us at: email@example.com and we will do our best to assist you and/or to fix such violation.
8. Warranty and Liability;
8.1. No Warranty; You acknowledge that the Services and the Software are provided with no warranty of any kind and all use is at your sole risk and responsibility. The Services and Software provided to you on an “as-is”, “as available” basis, without any warranty or condition, express, implied or statutory. Your use of the Software, Services, the Protected Content and/or any other Third Party Content is at your sole risk and you will be solely responsible for any damages or losses that arise from your access to and use of the Services.
We make no warranties or representations that (a) the Services or the Software will meet your requirements; (b) the Services or Software will be uninterrupted, timely, secure or error-free; (c) you will receive any specific result from using the Services or Software; (d) any defects related to the Services or Software will be corrected; (e) the Services or Software are free of computer bugs, viruses or other harmful components; (f) any information, content or materials made available through the Services will be accurate, useful, timely or reliable. (g) We will perform any tracking or monitoring to any transaction made through the Service;
8.2. No Liability; In no case and for no reason, to the fullest extent permitted by the law of Israel, We or Our partners, subsidiaries or affiliates, or any of their officers, directors, shareholders, employees, contractors or agents (collectively, ”Partners”) will be liable, endorse, guarantee, or assume responsibility for any damage, direct or indirect, consequential, exemplary, physical or special to you or to any third party, due to its miss performance of duties herein. We will not be held liable for any interaction between you and any third party’s Sites, products, services, content, advertisements or offers through the Services, and will not be a party to or responsible for monitoring any transaction between you and any such third party.
9. Termination; We may, at Our sole discretion, terminate this Agreement and/or any of the Services, due to any reason or for no reason at all, with or without prior notice. You agree that We or Our Partners will not be liable to you or to any third party for any such termination. You may disable the Software by un-check the enable check box in your browser’s settings; You may also completely terminate this Agreement with us by uninstall the Software from your computer by.
Please be advised that your browsers must be closed to complete the uninstall process.
If you encounter any problems while trying to uninstall the Software and/or Services, please contact us at firstname.lastname@example.org and we will assist you in the process.
10. Indemnification; You agree to indemnify, defend and to hold Us and Our Partners harmless from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of your access or unauthorized use of any of the Services and/or any activities or actions by you that violate this Agreement or any third party rights or terms and conditions.
11. Governing Law; This Agreement will be solely governed by the Laws of the State of Israel, and any dispute arising from it will be brought only to the competent courts of the Tel-Aviv district.
12.1. Waiver; Any failure of Us to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
12.3. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
12.5. You and Us are independent entities, and nothing in this Agreement, or through the use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Us. We may change these terms from time to time. You are advised to check these terms regularly from time to time. You agree to be bound by any of the changes made in the terms of this Agreement. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.
12.6. Assignment; we may assign this agreement to a third party or to our successors, subsidiaries or sister or mother company, or in a case of merger or acquisition of our company;
13. Contact Us; If you have any questions or clarifications about this Agreement you may contact us as at: email@example.com