Terms of Use
END USER LICENSE AGREEMENT
Last updated July 13, 2022
This is an agreement between You (End-User) and Legacy Productions, Inc., located and registered at 12800 Whitewater Drive, Suite 275, Minnetonka, Minnesota 55343, United States ("Giddy").
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store") or using any of our websites, You indicate that You accept and agree to be bound by all of the terms and conditions of this agreement (“License Agreement”),. App Store and Play Store are referred to in this License Agreement as "Services."
BY USING THE LICENSED APPLICATION OR ESTABLISHING A USER ACCOUNT, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS.
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Giddy, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules").
The Licensed Application when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. Giddy reserves all rights not expressly granted to You. Giddy is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
6. USER-GENERATED CONTRIBUTIONS
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
1. THE GIDDY APPLICATION
The Giddy mobile application and our websites ("Licensed Application") are software created to improve the music streaming experience for artists and their fans — and customized for iOS and Android mobile devices ("Devices"). It is used to stream music and create playlists using content available through an existing Apple Music subscription.
You are responsible for providing and maintaining true, accurate, and complete registration and account information required for the use of the Licensed Application. Your login information is for your personal use only and you should keep it confidential. You are responsible for all use (including any unauthorized use) of your username and password. Notify Giddy immediately if your login credentials are lost or stolen, or if you believe there has been unauthorized access to your account.
2. YOUR LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Giddy that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Giddy's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Giddy's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 You may not use the Licensed Application in any way that violates applicable laws or the terms of Section 6. The Licensed Application is not tailored to comply with any industry-specific regulations (e.g. Health Insurance Portability and Accountability Act (HIPAA), Federal Informational Security Management Act (FISMA), Gramm-Leach Bliley Act (GLBA), etc.). You may not upload any data that is regulated by industry-specific regulations.
2.7 Giddy reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Giddy attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the Devices on which You intend to use the Licensed Application satisfies the technical specifications identified in the Services.
3.3 Giddy reserves the right to modify the technical specifications and requirements as it sees appropriate at any time.
3.4 Based on your Device settings, when your Device is connected to the internet either: (a) the Licensed Application will automatically download and install all available updates; or (b) you may receive notice of or be prompted to download and install available updates. You acknowledge and agree that the Licensed Application or portions thereof may not properly operate if you do not have all available updates installed.
4. MAINTENANCE AND SUPPORT
4.1 Giddy is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach Giddy at the email address listed in the App Store or Play Store Overview for this Licensed Application, or by using the form or other contact information identified on the Contact section of our website at giddy.com..
4.2 Giddy and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Giddy will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Giddy’s use of such material and information is subject to Your legal agreements with Giddy, including our current privacy policy: https://giddy.com/privacy.
You acknowledge that Giddy may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Giddy may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary, unless you have a different agreement with us regarding distribution of your Contributions. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application or removal of the Contributions.
If you provide ideas, suggestions, or other feedback in connection with your access to or use of the Licensed Application or any content ("Feedback"), such Feedback is not confidential and may be used by Giddy without restriction and without payment to you. Feedback is considered a type of Contribution under these Terms.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you hereby grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions (and to the extent such rights cannot be waived, you covenant not to assert them against Giddy), and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
If you are a copyright holder and you believe that any Contributions made directly available by the Licensed Application infringe your copyrighted work, please contact us using the form or other contact information identified on the Contact section of our website at giddy.com.
8. LIABILITY
8.1 Giddy makes reasonable efforts to keep the Licensed Application operational, however, the Licensed Application and its features and functionality and their availability may change from time to time, without liability to you except as explicitly laid out in these terms. You may experience temporary interruptions due to technical difficulties, maintenance, testing, or updates. Giddy has no liability to you for any internet or other service outages or failures caused by governmental authorities, other third parties, or events beyond Giddy’s control.
8.2 Giddy takes no responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIDDY OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED APPLICATION IN THE LAST TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. FOR CLARITY, THESE TERMS DO NOT LIMIT GIDDY’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH LIMITATION.
9. WARRANTY
9.1 No warranty is provided for the Licensed Application that is not executable on a Device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Giddy's sphere of influence that affect the executability of the Licensed Application.
9.2 You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Licensed Application is to uninstall the Licensed Application and stop using it.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price may be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 EXCEPT AS EXPLICITLY STATED IN THESE TERMS, THE LICENSED APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GIDDY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GIDDY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. CLAIMS & INDEMNIFICATION
Giddy and the End-User acknowledge that Giddy, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You agree to indemnify, defend, and hold harmless Giddy and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Licensed Application or your breach of this Agreement, including but not limited to the Contributions you submit or make available through the Licensed Application.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Giddy
12800 Whitewater Drive
Suite 275
Minnetonka, MN 55343
United States
or through the form or other contact information provided on the Contact section of our website at giddy.com.
13. TERMINATION
The license is valid until terminated for any reason or no reason by Giddy or by You. We may terminate or suspend your access to the Licensed Application at any time if we believe you have breached any of these terms, if we stop providing the Licensed Application or any material component thereof, or as we believe necessary to comply with applicable law. If you or Giddy terminate these terms, or if Giddy suspends your access to the Licensed Application, you agree that Giddy shall have no liability or responsibility to you. You may terminate these terms or your account at any time, in which case you may not continue accessing or using the Licensed Application. Upon termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Giddy represents and warrants that Giddy will comply with applicable third-party terms of agreement applicable to the provision of the Licensed Application.
Both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Giddy and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Giddy, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
The Licensed Application may display, include, or make available third-party content (including Contributions from other users, and other data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Giddy is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Giddy does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Minnesota excluding its conflicts of law rules. In order to use the Licensed Application, you represent that: you reside in the United States.
17. GENERAL
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Giddy may make changes to these terms from time to time by notifying You of such changes by any reasonable means, including by posting the revised terms on our website or within the Licensed Application. Any such changes will not apply to any dispute between you and Giddy arising prior to the date on which the terms were changed. Your use of the Licensed Application following any changes will constitute your acceptance of such changes. If you do not wish to continue using the Licensed Application under the updated terms, you may terminate your account.
17.3 These terms constitute all the terms and conditions agreed upon between you and Giddy, and supersede any prior agreements in relation to the subject matter of these terms, whether written or oral. Other terms and conditions governing use of the Licensed Application are incorporated herein by reference, including our Privacy Policy.
17.4 Any failure by Giddy or any third-party beneficiary to enforce these terms or any provision thereof shall not waive the right to do so.