Effective Date May 22, 2022

Welcome to the Terms of Service (the “TOS”) for our websites, software, mobile applications, content, games, interactive TV, or other products and online services (including all Content therein, the “Ambush Karaoke Services”). The Ambush Karaoke Services are made available to you by Ambush Karaoke, LLC  and its affiliated companies (including successors & assigns, “Ambush Karaoke,” “we,” “us” or “our”).

These TOS set out the agreement between you and Ambush Karaoke regarding how you can use the Ambush Karaoke Services, and what responsibilities you and Ambush Karaoke have to each other. These TOS contain important information regarding your legal rights including MANDATORY ARBITRATION AND OPT OUT INFORMATION, NO CLASS RELIEF, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL.

BY USING THE Ambush Karaoke Services, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TOS AND OUR PRIVACY POLICY, which describes our privacy practices in detail and is incorporated herein by reference. Please read them carefully.

General
Acceptance of the TOS. You may access the Ambush Karaoke Services in accordance with the TOS. You represent that you have read, understood, and agree to be bound by these TOS in connection with your access to and/or use of any of the NBCUniversal Services. If you do not agree to these TOS, you may not access or use the Ambush Karaoke Services. By using the Ambush Karaoke Services, you will be deemed to have agreed to the TOS.
Eligibility.

The Ambush Karaoke Services are for users who are 18 years of age or older and reside in the United States (including its territories and possessions), or those outside the United States who, to the maximum extent permissible under applicable law, consent to use the Ambush Karaoke Services in accordance with U.S. laws and these TOS. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
By accessing or using the Ambush Karaoke Services you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the Ambush Karaoke Services will comply with the United States export control and economic sanctions requirements.

Supplemental Terms. Supplemental terms and conditions may apply to some Ambush Karaoke Services, such as sweepstakes, subscriptions or online purchases, and are deemed part of these TOS (“Supplemental Terms”). Any Supplemental Terms are in addition to these TOS and, to the extent there is a conflict between the Supplemental Terms and these TOS, the Supplemental Terms will prevail with respect to such conflict. If you do not agree to the applicable Supplemental Terms, you may not use the Ambush Karaoke Services to which they apply.

Modifications. YOUR ACCESS TO OR USE THE Ambush Karaoke Services IS GOVERNED BY THE THEN-CURRENT TOS. We may modify these TOS, and such changes will be effective thirty (30) days following either notification to you or our posting of the changes on the Ambush Karaoke Services. Your continued access or use of the Ambush Karaoke Services after we post changes to these TOS will be deemed acceptance of these TOS as modified. We encourage you to check back here for any such changes from time to time.

Account Registration. You may be asked to provide registration information in order to access some of the Ambush Karaoke Services You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The Ambush Karaoke Services and any user names or passwords you use to access the Ambush Karaoke Services (“Passwords”) are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to the Ambush Karaoke Services. You may terminate your account for any reason or no reason.

Services
Availability of Services. We grant you a limited, non-sublicensable, non-transferable license to access and use the Ambush Karaoke Services for your personal use, and only in accordance with these TOS. Except as we specifically agree in writing, no element of the Content may be used or exploited in any way other than as part of the authorized Ambush Karaoke Services made available to you. To the extent the Ambush Karaoke Services make Content available for download, we grant you the right to download such Content onto the device on which you use the Ambush Karaoke Services in compliance with these TOS. We may change, suspend or discontinue any or all of the Ambush Karaoke Services at any time for any reason without notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the Ambush Karaoke Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows.
Wireless Features. The Ambush Karaoke Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device.

Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the Ambush Karaoke Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain Wireless Features.

Content
Ambush Karaoke Content. The Ambush Karaoke Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, and audio (collectively, “Content”). As between Ambush Karaoke and you, Ambush Karaoke owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Ambush Karaoke Services and Content, including as incorporated into User-Generated Content. Except as expressly stated in these TOS, nothing in these TOS shall be deemed to convey to you any right, title or interest in or to the Ambush Karaoke Services or Content. To the extent the Ambush Karaoke Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), Ambush Karaoke hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these TOS or any other Supplemental Terms associated with such Content. To the extent we authorize you to create, Upload, publicly display or publicly perform User Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content. You assign to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.

User-Generated Content. The Ambush Karaoke Services may include opportunities for you or others to upload, post, transmit or otherwise distribute (“Upload”) on or through Ambush Karaoke Services text, images, audio, video or other content (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, Ambush Karaoke is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing Ambush Karaoke properties or not). Except as expressly set forth in these TOS, you shall continue to own all rights in and to your User-Generated Content, except to the extent your User-Generated Content contains or is otherwise derived from materials, content, or elements owned by Ambush Karaoke or any of our affiliated companies or partners (e.g., characters or other elements created or owned by us).

License to User-Generated Content. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers (including to other users of the Ambush Karaoke Services), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User-Generated Content (including your name, likeness and voice as it appears in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above.

Use and Distribution of User-Generated Content. You agree that Ambush Karaoke Services may give you attribution for your User-Generated Content, but we are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.

Public Nature of Ambush Karaoke Services. You acknowledge that you Upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-generated Content. Although we may offer you the ability to Upload User-Generated Content anonymously, we may store your account information. We make no guarantees to remove User-Generated Content from the Ambush Karaoke Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your account.

No Responsibility for User-Generated Content. Ambush Karaoke is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided in Section 3.3. User-Generated Content may not reflect the views of Ambush Karaoke and we do not endorse any User-Generated Content that you or other users Upload.

Infringement Policy. If you believe that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content.

 
Restrictions
Prohibited Actions.You may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so. You recognize that Uploading unlawful material could expose you to criminal and/or civil liability.

Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy and disclose your use of the Ambush Karaoke Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, warning users, suspending users and Passwords, terminating accounts, blocking access to the Ambush Karaoke Services or taking other corrective action we deem appropriate. You are solely responsible for your use of the Ambush Karaoke Services, User-Generated Content, and any interaction with other users of the Ambush Karaoke Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Ambush Karaoke Services.

Termination and Suspension. Termination, suspension or cancellation of your account or access to the Ambush Karaoke Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in these TOS will automatically terminate and immediately revert to us. Following such Termination, these TOS shall remain in full force and effect with respect to your past and future use of the Ambush Karaoke Services, including all rights granted by you to us.

Third Party Services and Third Party Platform Providers
Third Party Services. The Ambush Karaoke Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any Ambush Karaoke Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any confidential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the Ambush Karaoke Services.

Third Party Platform Providers. If you access or download the Ambush Karaoke Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these TOS. However, these Third-Party Platform Providers are not party to these TOS and have no obligation to provide maintenance and/or support of the Ambush Karaoke Services. Your access to the Ambush Karaoke Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products.

Authentication. To the extent your use of the Ambush Karaoke Services requires authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (collectively, “MVPD Provider”), then the authentication process and any information you provide is strictly between you and your MVPD Provider, and we shall have no responsibility or liability with respect to such process.

 
Disclaimers and Disputes
Disclaimer of Warranties. We make no representations or warranties as to the Ambush Karaoke Services (which, for purposes of this Section 6 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise. WE PROVIDE THE Ambush Karaoke Services ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “Ambush Karaoke PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 
Limitation of Liability.

IN NO EVENT WILL THE AMBUSHKARAOKE PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH Ambush Karaoke SERVICES OR THESE TOS EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO Ambush Karaoke IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE Ambush Karaoke SERVICES. FURTHERMORE, NONE OF THE Ambush Karaoke PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE Ambush Karaoke SERVICES. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF Ambush Karaoke HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, Ambush Karaoke PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE Ambush Karaoke PARTIES OR YOUR USE OF THE Ambush Karaoke Services ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE Ambush Karaoke Services OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.

Indemnification. You agree to defend, indemnify and hold harmless the Ambush Karaoke Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of these TOS; (ii) User-Generated Content; and/or (iii) your use of the Ambush Karaoke Services or any use of your account via the Ambush Karaoke Services

Binding Arbitration; Class Action Waiver
If you have a Dispute (as defined below) with us that cannot be resolved informally or in small claims court, you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Ambush Karaoke Services, or engaging in any other Ambush Karaoke Services or Relationships with us, you agree as follows:

“Dispute” means any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, whether based on past, present, or future events, arising out of or related in any way to these TOS or regarding (i) your use of or interaction with the Ambush Karaoke Services, (ii) any purchases or other transactions or relationships related to your use of the Ambush Karaoke Services, or (iii) any data or information you provide to us or we gather in connection with such use, interaction or transaction (collectively, “Ambush Karaoke Transactions or Relationships”).

 
Many Disputes can be resolved by an informal dialogue with our customer service staff. If you have a Dispute with us, before initiating an arbitration, you must send an individualized, written notice describing the Dispute to the customer support contact via email or contact form associated with the Ambush Karaoke Service to which your Dispute relates. Without limiting any of our rights in Section 4, before we initiate any arbitration, we will send you a written notice using contact information we have for you. Promptly following receipt of such notice, you and we will try to resolve the Dispute by individual telephone or videoconference, or in person if you and we agree. If the Dispute is not resolved within 14 days of starting this dialogue, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below if the Dispute is ineligible to be adjudicated in small claims court.