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Terms and Conditions

  • General


    It is very important that you know the Terms and conditions, so we will ask you for special attention and that you like the description you will read below.

    1. Introduction

    Karaoke Smart is an application for mobile, SmartTV or other platforms who  Has internet connection. Created and operated by Karaoke Smart SAC (hereinafter “KS”) society  duly constituted under the laws of Delaware, USA. Registered in the internal Revenue  Service (IRS) in the electronic heading EIN (Employed Identification Number) number 46-5001290,  dated March 5, 2014.
    KS offers to his visitors or members the temporary use of a song database  In the karaoke style. KS is an online advertising free service (see “Service fee and  terms").
    KS offers free and premium services. Those who access the application for free, from now on will be USERS; those who purchase premium services, from now on will be PREMIUM. The word SUBSCRIBER will be used when referring to both.
    The implementation of "Terms and conditions" is to define the contractual terms and   commercial relationship between KS, USERS and PREMIUM.
    Registration and access to the "Service Fee" are strictly subject to classification   prior to these terms of use.

    2. Service Description

    By entering the application, the User can enjoy KS by mobile devices or   Smart TVs
    Songs in karaoke format can be played and read but cannot be   downloaded, transferred or copied under any circumstances.
    The "Service Fees" are offered and operated by KS, enabling the USER to purchase an available package for PREMIUM to become and immediately their acceptance of the "Terms and Conditions" is under-understood, without advertising and unlimited in use by the time corresponding to each plan. After subscribing, the PREMIUM has access to all the functions present in the “Service Fees”.
    It is possible play the karaoke content simultaneously on only two screens per PREMIUM.

    4. Access and modification of Service Fees

    It is possible to subscribe to KS twenty-four hours per day, every day of the week, following these terms.
    However, KS remains entitled to make changes and improvements to the application when it's necessary. KS undertakes that these changes will not affect the price or quality of services without prior notification to PREMIUM.
    The PREMIUM disclaims KS from any responsibility, with respect to any complaint, to any claim and/or proceeding against it.
    Temporary service interruptions, whenever possible, will be reported through the website at least 24 (twenty-four) hours before they intervene, except when such interruptions are urgent. KS reserves the right, without compensation, to close the Service Fee. Any closing of the service will be notified through the website at least 1 (one) month before it enters into force.

    5. Right of Revocation

    The PREMIUM may cancel the application at any time, but KS does not reimburse, in whole or in part, what it has already paid. Even so, PREMIUM can use the time already paid, even after canceling the subscription.

    6. Duration

    KS offers the option for the PREMIUM of a 48hs subscription, monthly or annual. It is also possible that trial offers or promotions of variable duration are offered in different ways, temporarily or not. Unless otherwise notified, these trial offers or promotions will be subject to these terms of use.
    KS offers the option for the PREMIUM of a 48hs subscription, monthly or annual. It is also possible that trial offers or promotions of variable duration are offered in different ways, temporarily or not. Unless otherwise notified, these trial offers or promotions will be subject to these terms of use.

    7. Renovation

    Until the cancellation of the subscription is made, according to article 5, the Monthly Plan will be renewed monthly automatically. In this case of automatic renewal, the current rate for the subscription will be fully applicable to the subscriber.
    Unless otherwise indicated in the application and unless terminated by the subscriber under the terms of Article 5, any free or promotional trial in the Service Fee is transformed into a monthly subscription as indicated in the specific offer, after of the current promotion time.

    8. Termination

    To cancel the subscription, the PREMIUM must request it from your account on the website by clicking on the "I want to cancel my subscription" page ( https://karaokesmart.co/help), https://www.facebook.com/karaokesmart.co (or to our email), (hola@karaokesmart.co) to be informed of the relevant process to proceed with the cancellation
    The termination will be effective at the end of the current subscription period, provided that the notification must be sent at least 48 (forty-eight) hours before its end, and up to the date and time as specified.
    In case of breach of the above terms, the subscription will be completely renewed.
    Termination does not allow the return of the subscription to the service fee. The total amount paid for the subscription will be owned by KS.

    9. Conditions of access to Service Fees

    The PREMIUM declares its ability to accept these terms of use, that he or she is of legal age or, if the subscriber is a minor, the holder or his parents authorizes and allows
    It is entirely the responsibility of the cardholder to use the card, removing KS from any eventuality or use by strangers. KS will not reimburse you or refund you in full or in part of an amount paid, regardless of the subscription of the purchased fee.

    10. PREMIUM Subscription - Account opening

    To subscribe to PREMIUM Rate, a person must:

    - Create an account on any platform of the app (SMART TV or Mobile).
    - Introduce your data in the different fields of the subscription form in the app.
    - Confirm acceptance of the conditions of sale and use of the Terms and conditions of the service.
    - Adjust the price of your subscription using one of the payment methods offered.
    - Register to confirm when accepting the subscription to the Service Fee.

    Once the registration is validated, KS sends a subscription confirmation email to the PREMIUM.
    Without prejudice to other provisions of these general conditions of sale and use of Premium Plans, subscription to the Service Fee is effective only when KS sends the confirmation email referred to in the previous paragraph. KS recommends the subscriber to keep this email address and / or print it.
    The SUBSCRIBER can change the chosen password on the KS web platform.
    The SUBSCRIBER undertakes to provide true and sincere information about their identity.
    The PREMIUM undertakes to inform KS immediately of any change of information when subscribing and in particular any change of postal address or electronic means of payment. The USER can change this account information on the Web platform
    The SUBSCRIBER must immediately notify KS of any loss or unauthorized use of their account, their username and password.
    Passwords and identifications are personal and the SUBSCRIBER undertakes not to disclose them. As such, the subscriber is the only responsible for its use.
    The SUBSCRIBER is the only responsible for the use of his account, until it is deactivated. Consequently, the subscriber relieves KS and its partners, contractors or rights holders of any responsibility in this regard, unless the subscriber can demonstrate that the use of their usernames and / or their accounts are the result of a fraud by a third part.

    11. Price

    PREMIUM subscription prices are indicated on the platforms and their values correspond to US Dollars, with all taxes included.
    KS has the right to change the subscription prices of each package / plan without prior notice.
    KS will inform each PREMIUM through an email provided by the Subscriber at the time of registration to the Service Fee (or subsequently changed in his account) of any price increase, with at least 15 (fifteen) days before go into effect. In this case, if PREMIUM doesn't accept this rate increase, you can cancel your subscription as described in section 5 above. In the absence of termination by the Subscriber, the new price will therefore be applicable from the next monthly payment, and with the new fixation.
    It is recalled that the cost of connection and communication (Internet) in relation to the use of the Service Fee is not supported by KS and remains the responsibility of the subscriber.

    12. Payment Methods

    Different forms of payment are offered on the platform; for VISA, MasterCard or American Express credit cards issued by a bank.
    The subscription price is paid monthly, followed by the subscription period chosen by the subscriber. To maximize transaction security, KS chose the payment systems of PayPal companies, Stripe. Visa, Ogone among others. The guarantees issued by KS in security operations are identical to those specified respectively by the publishers of the payment systems and previously affected.
    In case of contrary evidence provided by the SUBSCRIBER, the records stored in the KS computer systems and their partners, in reasonable security conditions, will be considered as proof of communications, controls, validations and payments between the PREMIUM and KS.

    13. Responsibility

    The SUBSCRIBER declares to be informed of the restrictions and limitations of Internet networks.
    Consequently, KS is not responsible for failures in access to the Service Fee, opening speeds and consultation of service pages, the speed of listening to sound recordings, the temporary or permanent inaccessibility of the Service Fee, the fraudulent use by third parts of the information available on the website.
    In no case KS is responsible in case the proposed service is incompatible with certain equipment and/or subscriber hardware characteristics.
    Finally, the subscriber is solely responsible for their use of the Service Fee and KS is not responsible for claims and / or procedures due to misuse of the application. The subscriber is responsible for all claims and objections brought to KS by third parties that are related to their personal accounts.

    14. Personal Information

    KS undertakes to respect the legislation on the protection of privacy with respect to the automated processing of the personal data of the USERS.
    Information and data related to each SUBSCRIBER, are subject to computer processing and are binding if necessary to manage your subscription. For this purpose, the companies responsible for the management, execution and processing of payment transactions will be sent. This information and data are also stored for security, to respect the legal and regulatory obligations to which KS is subject. These data are processed and stored in the place of reception identified in the legal notices contained in the Site, under conditions that guarantee their safety.
    With the consent of the SUBSCRIBER, the data collected can also be used as part of our business relationships to compile statistics and also allow KS to improve and customize the services it offers and the information it receives.
    The SUBSCRIBER has the right to access and correct his personal information. If he or she wishes to exercise this right and obtain their information, the SUBSCRIBER is invited to contact KS through his email hola@karaokesmart.co
    Once registered, it is understood that the user gives his consent to receive offers and newsletters from KS (Newsletter) or his Business Partners, a registered email and, if necessary, modified by yourself. If you do not wish to receive this newsletter, you can unsubscribe at any time by clicking on the link at the bottom of each newsletter or by changing your account information on the website.
    The SUBSCRIBER is informed that the data relating to him or her may be disclosed under any law, regulation or by virtue of a decision taken by a competent judicial or regulatory authority or, if necessary, for termination in the context of a judicial proceeding.

    15. Cookies

    KS wants to place a cookie on your computer. A cookie does not allow us to identify you personally. However, it records information related to your activities on the website (the pages you have visited, the date and time of the visits, etc.). That is what KS can read during subsequent visits. This will allow KS to facilitate your navigation through the site, and avoid having to provide information on each new visit. It is specified that the shelf life of cookies placed by KS is less than 6 (six) months.

    16. Intellectual Property

    The general structure of the application, the Service Fee and all the elements that compose it (such as the inclusion of logos, domain names, videographic or phonographic and related articles, including photographs, images, texts and / or any other person with right to sound or video recordings and visual packaging of these records) are the exclusive property of KS and / or the licensors.
    These elements are protected by laws and other intellectual property laws, including copyright. Therefore, any total or partial reproduction of the application, the Service Fee and / or the elements (as described above) by any means without the express authorization of KS is prohibited and constitutes an infringement of the Intellectual Property Code.
    Phonographic records used on KS platforms are digital files that are protected by national and international copyright and related Copyright rights. For this reason and in accordance with the Intellectual Property Code, only listening in an exclusively private environment is allowed. Any use for any purpose that is not private exposes the SUBSCRIBER of civil lawsuits and / or criminal prosecution. Any other use of these digital files is strictly prohibited and, in particular, any attempt to download, transfer or attempt to transfer permanently or temporarily to the hard drive of a computer or other device (including iPods and other portable digital audio players ), engraving or attempting to burn on CD or other media is specifically prohibited. Any sale, exchange or lease of these digital files is also strictly prohibited. Also, the reproduction of all the phonographic and visual content of the KS platforms cannot be reproduced in other sites and applications.
    The SUBSCRIBER recognizes that the sound recordings available to listen in the form of digital files in the application are protected by technological protection measures implemented by KS to prevent or limit within the technical limitations existing in the material and technology available, shifting to KS of any misuse or penalty in which the SUBSCRIBER could fall for civil or criminal trials.
    The SUBSCRIBER undertakes not to use any technical measure that would allow the avoidance of technological protection measures in order to download these files and allow digital preservation in any storage unit (PC, mobile phone, digital music or other equipment of digital audio, portable players, etc.).

    17. Contents incorporated by the User into the app

    The SUBSCRIBER may incorporate in the application platforms content in audio recordings, images, videos, as well as dedications and comments. With the incorporation of personal content on the platforms, the SUBSCRIBER gives KS a perpetual, irrevocable, worldwide, royalty-free and exclusive license to reproduce, adapt, modify, translate, publish and distribute the Content that it sends, publishes or shows through of the platforms. Specifically, the SUBSCRIBER grants KS permission to use them, including without limitation, the rights to copy, distribute, transmit, display and reproduce publicly, duplicate, modify, translate and change their format, and to publish their name in connection with them. KS will not pay any compensation with respect to the use, copying, distribution, transmission, sample and public reproduction, duplication, modification, translation and change of content format.
    This license includes the power of KS to offer such content to other companies, organizations or persons who maintains commercial relations for the provision of subordinate services, and to use the aforementioned contents in relation to the provision.
    By exposing, uploading, writing, providing or sending the contents, the SUBSCRIBER declares and guarantees that he has the rights over them, or has third part authorization to disclose them, exonerating KS from liability for any claim that may arise in this regard.
    When the SUBSCRIBER incorporates a voice or video recording into the application, it may be classified as public or private or with the possession of a specific URL. KS will clearly indicate the audios inserted and marked as private. However, the User may share his recordings as he chooses and under his own responsibility, KS being exempt from any liability arising from the use that third parts make of the inserted recordings.

    18. Suspension and/or early termination at the initiative of KS or the SUBSCRIBER

    Depending on damages or damages that KS may suffer, KS reserves the right to suspend a user's access to the Service Fees, without prior notice or compensation, of the subscription to the Service Fees if:

    *The intellectual property rights of KS and / or its licensors, evasion or attempt to evade the technological protection measures implemented by KS will be violated.
    *Multiple simultaneous connections from a single account to the quota or service attempts to multiple simultaneous connections.

    *Providing false information when registering for the Service Rate.
    *Non-total or partial payment by the Client of the price of his subscription to PREMIUM Fees.
    *Any action against the commercial interests of KS.

    For its part, the SUBSCRIBER may terminate, without prior notice or compensation for the benefit of KS, its PREMIUM fee in case of breach of the main obligations by KS as defined in these Terms and Conditions or in case of legitimate reasons (such as the theft of your computer, technical incompatibility of the Service Fee with the subscriber's equipment, among others).

    19. Modifications to the Terms and Conditions

    KS reserves the right to modify these Terms and Conditions as desired. KS will inform each subscriber by email, at the address indicated in his account, of any change in these Terms and conditions of use and sale at least 15 (fifteen) days before they become effective. In the event that the subscriber does not accept these amendments, he will be free to withdraw his account from the Web, as described in section 5 above. Such termination will take effect from the next monthly renewal of each month. In the absence of resignation or cancellation, the new Conditions will be applied as of the next month of subscription after the effective date of the new Terms of use and sale.

    20. Services to customers

    For any information or questions about prices, services, please contact KS through the social networks ( https://www.facebook.com/karaokesmart.co ), or to our email (hola@karaokesmart.co). To your fiscal address located at 1679 S DUPONT HWY, SUITE 100, DOVER, DELAWARE, USA.

    21. The nullity of a clause

    In the event that any clause of the Terms and Conditions could be declared invalid or unenforceable for any reason, the other provisions will continue to be applied.

    22. Applicable law and dispute resolution

    22. Applicable law and dispute resolution