Terms of Service
Last modified: July 11, 2016
By downloading, registering for, or accessing the Application in any way, you agree to be bound by the terms of the Agreement.
Pursuant to your compliance with the terms of this Agreement, Treble grants you a limited, non-exclusive, non-sublicenseable personal license to use the Application for the purposes described herein and in the Application (the "License"). Treble may suspend, terminate or limit your License, or your access to the Application (or any portion thereof), at any time and without notice for violating and provision of this Agreement.
Use of the Application
By using the Application, you represent and warrant that:
you are at least 18 years of age or you are at least 13 years of age and have the permission of your parents or legal guardians to use the Application;
you have never been banned or blocked from using the Application; and
all information you submit to the Application will be complete, accurate, and truthful in all capacities.
Users shall not use the Application in any way which might, or might attempt to:
be a violation of the intellectual property, ownership, publicity, or contractual rights of any other person or entity;
misrepresent the true ownership, nature, affiliation, sponsorship, or creation of any Content (as defined below);
disrupt the security or accessibility of the Application;
data-mine, utilize spiders, indexing devices, bots, scrapers, or similar devices to index, decompile, decode, or catalog any portion of the Application;
copy, modify, or in any other way utilize the code or intellectual property of the Application or Treble;
defame, harass, or cause injury or embarrassment to any other person; or
be deemed illegal or prohibited in any jurisdiction in which the Application may be used.
Treble reserves the right to modify or terminate the Application at any time, without notice, and without any liability to you or any other User.
You will be required to create an account (the "User Account") in order to access the Application. You agree to keep your User Account login password strictly confidential. Treble reserves the right to deny a User Account to any potential User.
Your User Account is personal in nature and you agree not to transfer or share your User Account with any other person.
Users may be permitted to use Facebook (Facebook.com) to register for a User Account or log in to the Application. By registering for a User Account or logging in through Facebook, you agree that the Application may access and use certain profile information available through your personal Facebook profile.
You may choose to link your SoundCloud (SoundCloud.com) profile. By doing so, you agree that the Application my access your SoundCloud profile and make use of material uploaded thereto. Treble is in no way affiliated with Facebook or SoundCloud.
All User Content is generated solely by Users and not Treble. Treble may, but is not required to, monitor or control the User Content available in the Application. You agree to access User Content solely at your own risk and acknowledge that some User Content may be offensive or inappropriate for certain people. Under no circumstance shall Treble be responsible for any User Content or any damage sustained as a result of accessing User Content.
Treble reserves the right to modify or edit User Content as it deems necessary to properly effectuate the User Content License.
You further represent and warrant to Treble that all User Content you upload are either original works created by you, or you have obtained all the necessary rights and licenses in order to upload the User Content and enter into the User Content License.
The Application is designed to connect Users for purposes of musical collaboration. You acknowledge and agree that the matching service does not constitute an endorsement of any User. Further, you acknowledge and agree that you will communicate, collaborate, or meet with any other User solely at your own risk. Treble does not screen Users or perform background checks of any kind. We remind you to use caution before meeting any other User or entering into any agreement with any other User.
If your User Account or the Application is terminated for any reason (whether by us or you), you may lose access to User Content and any other information uploaded to the Application.
Terms Specific to Apple Users
By accessing the Application on any Apple, Inc. ("Apple") device, the following additional terms shall apply:
You and Treble acknowledge that this Agreement is made solely between you and Treble, and not with Apple. Apple is not responsible for the Application or the User Content and that Apple has no responsibility to furnish maintenance or support for the Application;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Application for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement;
You will not use the Application on any Apple device that you do not own or control;
In the event of any failure of the Application to conform to any applicable warranty, Apple’s sole warranty obligation to you will be to refund to you the purchase price (if any) of the Application;
You acknowledge and agree that Treble, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Treble, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Treble acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Treble acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
All material and content available throughout the Application, including, but not limited to, text, code, images, design, layout, photographs, graphics, audio, video, messages, files, documents, images, or other materials, whether publicly posted or privately transmitted (collectively, the "Intellectual Property"), are owned by Treble or other parties that have licensed their material or provided services to Treble, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Treble trademarks and service marks are owned by Treble. Except as otherwise specifically provided for in this Agreement, nothing should be construed as granting any license or right to use any of the Intellectual Property without the express written permission of Treble. Treble reserves all rights to the Intellectual Property.
Treble maintains a zero tolerance policy for copyright infringement. We provide this Copyright Policy to comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"). We will remove infringing material and will ban repeat copyright infringers from accessing the Application. If you believe your copyrighted material is available on the Application, you must send a notice as required under the DMCA with the following:
Your physical or electronic signature.
Specific identification of the copyrighted material you believe is being infringed upon.
Identification of the material on the Application that you believe to be infringing.
You contact information, including your name, mailing address, telephone number, and e-mail address.
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Treble Media, Inc.
270 Jefferson St. #1B
Brooklyn, NY 11237
If you believe that material you posted on the Application was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (the "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include the following information:
Your physical or electronic signature.
An identification of the material that has been removed from the Application.
Your contact information, including your name, email address, and mailing address.
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person who provided Treble with the current complaint.
Completed Counter-Notices should be sent to:
Treble Media, Inc.
270 Jefferson St. #1B
Brooklyn, NY 11237
Limitation of Liability
The Application, the User Content, and all other material made available by Treble is provided "as is", "with all faults", and without any guarantees, representations, or warranties, whether express or implied, including (but not limited to) any warranties of fitness for a particular purpose, merchantability, or accuracy.
Treble shall not be liable for any direct, indirect or consequential loss or damage incurred by any User in connection with our Application, any User Content, or when interacting with any other User, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, however arising and whether caused by tort, fraud, breach of contract, or otherwise, even if Treble has been advised of the possibility of such damage.
You agree to indemnify, defend, and hold harmless Treble and its affiliates (to the maximum extent legally permissible) from and against any loss, damage, fee, liability, or claim made by any person due to, or arising out of, your breach of or failure to comply with this Agreement, your use of the Application, your User Content, or your violation of any law or contractual obligation.
This Agreement shall be governed by the law of the state of New York without regard for the conflict of laws. Any dispute arising under this Agreement, related to your use of the Application, or related to any User Content, shall be brought exclusively in the state or federal courts of New York County, New York.
The failure or delay of either party to enforce any right under this Agreement will not be deemed a waiver of any such right.
You may not assign this Agreement without the express written permission of Treble. Treble may assign this Agreement pursuant to a sale, merger, or reorganization of Treble or any of its assets.