Anti-Joy Terms of Service
As of May 15th, 2023
Anti-Joy is a sole proprietorship ("Anti-Joy," "we," or "us") that provides access to the Anti-Joy website located at antijoy.club and all associated websites, subpages, and apps, including without limitation tunelink.co, shusic.com, labelst.art (collectively, "Site"), together with all provided features, functionality, and services, including, without limitation, the music/merchandise store called "Shusic," the social media landing pages called "Tune-Link," and the label distributor "Labelstart," offered by Anti-Joy in connection with the Site (collectively, "Services"). These terms of service ("Terms") govern your access and use (as a registered user or otherwise) of the Site and Services.
By accessing or using the Site and/or Services provided by us, you represent and attest that you have read, comprehended, and accept to be bound by these Terms. You may not access or utilize the Site or Services if you do not accept. If relevant, your usage of Anti-Joy's distribution services is separately governed by the Anti-Joy Distribution Agreement and any of its attachments or supplement, located here (https://antijoy.club/agreement).
Terms of Access and Use
Subject to these Terms, we give you a limited, non-exclusive, nontransferable personal license to access and utilize the Site and Services. By accessing the Site and using the Services, you represent and attest that you are above eighteen (18) years of age or the relevant age of maturity in your jurisdiction and that you are either an individual operating on your behalf or the official agent of another individual or company. Your use of the Site and the Services as an official agent shall not rid you of personal accountability for your usage of the Site and the Services. The rights given to you by these Terms may be revoked by Anti-Joy at any time, at its sole discretion.
Registration and Accounts
To utilize specific features of the Site or Services, you may be required to create an account ("Account") with us and supply detailed information concerning yourself as initiated by the Account signup form. You represent and attest that all required signup information you submit is genuine and authentic and that you will preserve the accuracy of such information. You are accountable for maintaining the confidentiality of your Account login information and are fully accountable for all activities under your Account. You consent to instantly inform us of any unauthorized use or suspected unauthorized use of your Account or any other security violation. We cannot and will not be responsible for any loss or damage stemming from unauthorized access to your Account or your failure to comply with the above provisions.
User Content and Activity
The features and functionality of the Site and Services may allow users to submit, upload, store and/or share reviews, comments, questions, messages, audio, images, text, and other content, information, or material ("User Content") directly through the Site and Services, and users shall be able to share such User Content using the features made available by the Site and Services from time to time. The functionality of the Site and Services may allow registered users to make certain User Content publicly available for other users (registered or unregistered) to view, listen to, and share. Other features of the Site and Services may enable users to submit and transmit messages between users privately or to upload files to store and share for private use. The preceding activities described herein are sometimes collectively referred to as "User Activity" from here and onwards.
You are solely responsible for the User Content you submit through the Services and your User Activity. Through our Services and at your direction, you agree that we are only acting as a passive conduit for your online distribution, storage, publication, and/or exploitation of your User Content. Between you and Anti-Joy, Anti-Joy does not claim any ownership rights with respect to your User Content. By uploading, publishing, altering, displaying, or otherwise submitting User Content to any part of the Site or Services, you automatically grant, represent, and warrant that you have the right to grant, to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, reproduce, publicly perform, publicly display, communicate to the public, stream, listen to, make public, reformat, translate, excerpt (in whole or in part), transmit, re-post and distribute such User Content for any purpose on or in connection with the Site and Services.
Accordingly, you represent, warrant, and agree that: a) you have the right to agree to these Terms; (b) all of your User Content is original by you, in the public domain throughout the world, or used by you with consents, permissions, or written licenses necessary from the original owner(s) of the materials for use by you and us according to these Terms; (c) your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity and privacy; (d) Anti-Joy shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content on the Site, Serivces or otherwise in connection with these Terms; and (e) none of your User Content or personal messages contain material which is unlawful, dangerous, abusive, racially or ethnically distasteful, slanderous, intrusive of personal privacy or publicity rights, mocking, embarassing to other people (publicly ot otherwise), defamatory, menacing, vulgar, otherwise objectionable or content that may be considered "hate speech."
Anti-Joy reserves the right to reject and remove any User Content, personal messages, or other content that Anti-Joy believes violates these provisions in its sole discretion. Anti-Joy takes no responsibility and assumes no liability for any User Content or personal messages that you or any other users or third parties post, use, store or transmit through the Site and/or Services. You understand and agree that any loss or damage of any sort that arises as a consequence of the use of any User Content or personal messages that you transmit, upload, download, stream, post, share, display, or otherwise make public or access through your use of the Services, is solely your responsibility. Anti-Joy is not accountable for any public display or misuse of your User Content. You understand and accept that you may be exposed to User Content that is false, distasteful, improper, or objectionable, and you agree that Anti-Joy shall not be liable for any damages to incur as a result of such User Content.
For the sole definitions of these Terms, "Intellectual Property Rights" means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, commerce, secret rights, and other intellectual property rights that may now exist or hereafter arrive into existence, and all applications thus and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree not to provide User Content or otherwise take part in User Activity that:
(a) may result in a risk of damage, loss, physical or mental harm, emotional distress, death, disability, disfigurement, or physical or psychological disease to you, to any other person, or other third party;
(b) may result in a risk of any other loss or harm to any person or property;
(c) desires to harm or exploit minors by exposing them to inappropriate content, requesting personally identifiable details, or otherwise;
(d) may constitute or contribute to a crime or tort;
(e) contains any information or content that we consider to be unlawful, dangerous, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), slanderous, threatening, vulgar, otherwise objectionable or content that may be deemed to constitute "hate speech"
(f) contains any details or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(g) contains any details or content that you do not have a right to make public under any law or contractual or fiduciary relationships; or
(h) contains any information or content that you know is not accurate and current.
In addition to the restrictions documented above, you may not:
(a) rent, transfer, assign, resell or sublicense access to the Services to any third-party;
(b) combine or integrate the Services with hardware, software, or other technology or materials not provided by us;
(c) modify or create any derivative product based on the Services;
(d) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted, and nothing in these Terms should be construed as granting you any right to obtain or use source code;
(e) use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data concerning other users; (d) impersonate any person or entity, or otherwise falsify your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(f) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders, or scripts); or
(g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages without our prior written consent.
Except as expressly declared herein, no part of the Services may be duplicated, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
As between you and us, we retain all rights and interest in and to the Site and Services and all corresponding intellectual property rights. All rights in and to the Site and the Services not expressly given herein are reserved. You may not reproduce, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made public or accessible via the Site or Services. All trademarks, logos, and service marks ("Marks") shown on the Site or Services are either our property or the property of third parties. You are not allowed to use these Marks without our prior written consent or the consent of such third party owner of the Mark(s) if not owned by Anti-Joy.
We respect the intellectual property rights of others. If you believe that any content on our Services violates your copyright or the copyright of someone you represent, please send us an email using the contact information provided below (each, a "Notice"). All Notices should include the following information:
(a) an electronic or physical signature of a person authorized to act on behalf of the proprietor of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) a description of where the material that you claim is infringing is located on the Services and sufficient information to permit us to locate the material;
(d) your address, telephone number, and email address;
(e) a declaration by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, under penalty of perjury, that the information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact email for copyright claims: firstname.lastname@example.org
Per applicable law, Anti-Joy has adopted a policy of terminating, in appropriate circumstances and at Anti-Joy's sole discretion, users who are deemed to be repeat infringers. For the avoidance of doubt, the preceding sentence in no way limits Anti-Joy's right to restrict access to the Services and/or terminate the Accounts of any users for any reason, in Anti-Joy's sole discretion, including, without limitation, in the case of users who infringe or allegedly infringe, any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Please be advised that according to law, you may be held liable for damages if you make material misrepresentations in a Notice. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
Links to Third-Party Websites or Services
You may be able to access websites, content, products, or services provided by third parties through links that are made available through the Services ("Third Party Services"). For example, we may include links to various digital music services. If you elect to use such Third Party Services, you understand that your use of them will be subject to any terms and conditions required by the relevant third parties. You understand that Anti-Joy is not the provider of, and (to the maximum extent legally permitted) is not liable for, any such Third Party Services or any transactions or use thereof. Where the Services include any links to Third Party Services, this does not imply any endorsement by us of the goods, services, or materials available on such Third Party Services.
Hold Harmless and Limited Liability
You agree to use the Services at your own sole risk and agree to hold harmless Anti-Joy and its licensors and/or any of our or their respective beneficiaries and assigns from any and all liability, injury, damages, costs (including attorney's fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your use of the Services, any violation of these Terms or applicable law, or any third party claim of infringement of any Intellectual Property Rights, or any other right, arising from the hosting, making available or any other use of your User Content on the Services. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards Anti-Joy for the use of the Services or any resultant effects of any sort, shape, kind, or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.
ALL INFORMATION, CONTENT, AND MATERIALS PROVIDED VIA THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SERVICES. WE CAN NOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW. NEITHER ANTI-JOY NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS, OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR SERVICES OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SERVICES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO $100. THE PRECEDING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
We may revise these Terms from time to time and expect to do so as we grow and expand the Services. Any such modifications will become effective immediately upon your assent to that. Continuing use of the Services after changes to the Terms have been posted shall be deemed assent to the modifications. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such modifications will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such modifications.
You represent and warrant to Anti-Joy that you (a) are not designated on any sanctions- or export- related list of restricted or blocked persons, (b) are not located in, organized under the laws of, or resident in any country or territory that is itself the subject of any economic or financial sanctions by any EU or other relevant governmental authority, including, but not limited to, Cuba, Iran, Syria, North Korea, Venezuela and the Crimea Region of Ukraine, (c) are not greater than 50% owned or controlled by any persons described in clause (a) or (b) (collectively with (a) and (b), a "Restricted Person"), (d) will not violate or cause Anti-Joy to violate any economic sanctions, in connection with the Services, and (e) will inform Anti-Joy immediately of any breach of the terms defined in clauses (a) through (d).