Effective date: November 8th, 2021
PlaylistGOATS LLC,(“PlaylistGOATS LLC,” “Company,” “us,” or “we”), provides www.playlistgoats.com, app.playlistgoats.com and the other websites under the playlistgoats domain (collectively, the “Sites”), and our SaaS product, management services, press release, Spotify playlisting, and related services (together with the Sites, the “Service”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).
If you have questions regarding this Agreement or about PlaylistGOATS LLC, please contact us by email at firstname.lastname@example.org
2. Acknowledgement and acceptance of terms
In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to the Service that may contain terms and conditions in addition to those in the Terms of Service. By using the Service or accessing the Sites, you agree to the Terms of Service. If you do not agree, do not use the Service.
Our website and Service may integrate with other services on a number of platforms provided by third parties, including Ecommerce Payment Processors (as defined below). Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Certain parts of the Service may be subject to additional terms and conditions specified by us from time to time; your use of such Service is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Prices of the Service are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the PlaylistGOATS site or the Service itself. PlaylistGOATS LLC shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
3. Account information
- Registering for an account. To use the Service, you will need to register and create an account (including your full name, password, and email address). If you upgrade your account, you will need to provide payment information as well. PlaylistGOATS LLC accounts will give you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a PlaylistGOATS LLC account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to PlaylistGOATS with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
- Your responsibility for your account. You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to: (i) control the dissemination and use of your account and password, and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.
- How to control your account. You may control your account and how you interact with the Service by changing your settings. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. You may not opt out of these messages unless you cancel your account.
4. Use of the Service
- Your use of the Service is subject to all applicable laws and regulations.
- You may not:
- allow another user to use your activation code (your account will be terminated)
- use any “crack”, “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Service or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service
- no hate, racism, or homophobic words on your account
- attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password “mining”, or any other illegitimate means
- probe, scan, or test the vulnerability of the Service or any Content, or any system or network connected to the Service
- reverse look-up or trace any information of any other user or visitor or otherwise use the Service for the purpose of obtaining information of any other user or visitor
- transmit spam, chain letters, or other unsolicited email
- take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- upload invalid data, viruses, worms, or other software agents through the Service
- impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity
- disclose any information that you do not have the consent to disclose (such as confidential information of others, including their personally identifiable information)
- use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person’s use of the Service
- conduct, engage in or otherwise process End User information or data to analyze individuals or groups of natural persons for unlawful or discriminatory purposes
- use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Service, or
- store or collect any personally identifiable information that is deemed sensitive or requires special protections under applicable laws. For example, Social Security numbers, passwords, and credit card information
- Any unauthorized use of the Service or any Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
5. Use of software
Any software that is accessed via the Service shall be governed by the terms of the license agreement that accompanies the software or is posted with the software on the Sites where the software can be accessed; however, if no such license agreement is made available, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-exclusive license to use the software for your personal, noncommercial use in accordance with the Terms of Service. In the event of any inconsistency between the Terms of Service and any license agreement, the license agreement shall govern in relation to the software.
You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the software. You do not have the right to sublicense the Service, download or modify any portion of the Service, or resell the Service. If you violate the Terms of Service, we reserve the right to terminate your license to the Service without notice.
The software may automatically update from time to time. These updates are designed to improve, enhance, and further develop the software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.
6. Billing and payment
Users of the Service may be required to provide their credit card details to Company or the payment service provider retained by Company (the “PSP”). Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes (“Taxes”) required to be paid on the Service provided under the Agreement (other than Taxes on the Company’s income).
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
For annual payment plans, the Service is billed up front for a one (1)-year period and is non-refundable. Your annual plan will automatically renew for successive one (1)-year periods, and you will be charged the applicable fees on each annual anniversary of your purchase, unless you cancel prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, or refunds for unused terms with an open account.
Certain credits may apply when you purchase an upgrade to the Service or switch from a monthly plan to an annual payment plan.
We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Webflow in our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees. 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.
Like other products, some of our services have fees where noted. You are responsible for paying these and any associated taxes. We don’t provide refunds.
7. Disclaimer of warranties and limitation of liability
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE. IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLAYLISTGOATS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY PLAYLISTGOATS ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN OUR SERVICE OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. (IX) ANY NEGATIVE IMPACTS ON YOUR SPOTIFY ACCOUNT, INSTAGRAM ACCOUNT, WEBSITE, TIK TOK, TWITTER OR ANY OTHER SOCIAL MEDIA PLATFORM. IN NO EVENT SHALL PLAYLISTGOATS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WEBFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PlaylistGOATS is provided as-is. We try to make sure it works perfectly all the time, but if something goes wrong, we need to limit our liability. Please use the service at your own risk.
8. Changes to the Service, termination, and indemnity
PlaylistGOATS is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your User Content; (b) use of the Service (including Your Ecommerce Activities); (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; (e) any claims from tax authorities in any country in relation to Your Ecommerce Activities operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which PlaylistGOATS may be held jointly and severally liable; and (f) violation of these Terms of Service, or violation of any rights of another.
We can change or terminate the service and/or your access to it for any reason. If someone brings a claim against us related to your content or use of the Service, you promise to pay for the cost of legal expenses and any loss or damages we incur.
9. Copyright policy
PlaylistGOATS respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right.
- A description of the copyrighted work or other intellectual property that you claim has been infringed, including the URL (internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow PlaylistGoats to locate the material, and explain why you think an infringement has taken place.
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (internet address) where it is posted or the name of the book in which it has been published
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf, and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest