You are bound by these Terms until terminated by either you or MonkeyMusic. MonkeyMusic may terminate these Terms (including any additional terms and conditions incorporated into this agreement) or suspend your access to the MonkeyMusic Service at any time if we believe that you have violated any of the Terms, if we stop providing the MonkeyMusic Service or any material that is part of it upon reasonable advance notice, or if we believe it is necessary to comply with applicable laws. If either you or MonkeyMusic terminates the Terms, or if MonkeyMusic suspends your access to the MonkeyMusic Service, you agree that MonkeyMusic will have no liability to you under applicable law and that MonkeyMusic will not refund any monies you have paid (with except as expressly provided in the Terms). You may terminate the Terms at any time, but you may no longer access or use the MonkeyMusic Service. For information on how to terminate your MonkeyMusic account, please use the Customer Service resources available on the About Us page.

Sections 4 (Content and Intellectual Property Rights), 3 (Use of the MonkeyMusic Service), 2 (The MonkeyMusic Service We Provide), 6 (Issues and Disputes), 7 (Content and Intellectual Property Rights) shall survive termination of the Terms. (About Terms) in this agreement, as well as any other sections of the Terms that are required to survive termination, either expressly or by nature.

Warranty Disclaimers
MonkeyMusic will use reasonable efforts to provide the MonkeyMusic Service in accordance with the specifications of the Service that MonkeyMusic provides; however, subject to that, the MonkeyMusic Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory. In addition, MonkeyMusic and all content owners disclaim all express, implied, and statutory warranties with respect to the content, including warranties of satisfactory quality, merchantability, fitness for any purpose, or non-infringement. Neither MonkeyMusic nor any content owner warrants that the MonkeyMusic Service or its content is free of malware or other harmful components. Furthermore, MonkeyMusic does not endorse any third-party applications (or their content), user content, devices, or any products or services advertised, promoted, or offered by third parties, whether on or through the MonkeyMusic Service or any hyperlinked website, neither guarantees nor assumes any responsibility for them and is not responsible for any transaction between you and any third party provider of the aforementioned. No advice or information, whether oral or written, obtained from MonkeyMusic shall create any warranty on behalf of MonkeyMusic. When you use the MonkeyMusic Service, you may access explicit content filtering features, but even with these features you may encounter some explicit content, so you should not rely on such features to filter all explicit content. This section applies to the fullest extent possible under applicable law.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on a consumer's relevant statutory rights, so the exclusions and limitations set forth in this section may not apply to you and may not affect your statutory rights.

Limitation of liability and time to file a claim
You agree that the sole and exclusive remedy for any problem or dissatisfaction with the MonkeyMusic Service is to uninstall any MonkeyMusic software and stop using the MonkeyMusic Service, subject to applicable law. You agree that MonkeyMusic has no obligation or liability whatsoever arising from third party applications or their content, made available through or in connection with the MonkeyMusic Service and even though your relationship with such third party applications is governed by separate agreements with such third parties, your sole and exclusive remedy, with respect to MonkeyMusic, for any problems or dissatisfaction with the third party applications or their content, is to uninstall or stop using them.

In no event shall MonkeyMusic, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary or consequential damages; (2) any loss of use, data, business or profit (whether direct or indirect) arising in any event from the use or inability to use the Monke Service

yMusic, Devices, Third Party Applications, or Third Party Application Content, or (3) value-added liability for all claims related to the MonkeyMusic Service, Third Party Applications, or Third Party Application Content. an amount greater than (a) the amount you paid to MonkeyMusic in the twelve months prior to the first claim; or (b) $30.00. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably anticipated.

For clarification, the terms do not limit MonkeyMusic's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law prohibits such limitation or any liability that, under applicable law, may not be limited or excluded.

Any claim arising out of the terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party who makes the claim knows or reasonably should know of the act, omission or breach from which the claim derives; and there will be no right to any remedy for any claim not filed within that period.

Third party rights
You acknowledge and agree that Content owners and certain distributors (such as app store providers) are the intended beneficiaries of these Terms and have the right to directly enforce them against you. Other than as set forth in this section, the Terms are not intended to grant rights to anyone except MonkeyMusic and you, and in no event will the Terms create any third-party beneficiary rights.

If you downloaded any of our mobile software applications (each, "Application") from the Apple Inc. ("Apple") app store or use the Application on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. The terms are agreed only between you and MonkeyMusic, not Apple, and Apple is not responsible for the MonkeyMusic Service and its content. Apple is under no obligation to provide any maintenance or support services with respect to the MonkeyMusic Service. In the event of any failure of the MonkeyMusic Service under any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price of the Application to you, and to the fullest extent possible under applicable law, Apple has no other obligations warranty with respect to the MonkeyMusic Service. Apple is not responsible for addressing any claim made by you or any third party in connection with the MonkeyMusic Service or your possession or use of the MonkeyMusic Service, including the following: (1) product liability claims; (2) any claim that the MonkeyMusic Service does not comply with applicable legal or regulatory requirements; (3) claims under consumer protection and other similar laws; and (4) claims related to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the MonkeyMusic Service or your possession and use of the Application infringes that third party's intellectual property rights. third. You agree to comply with any applicable third party terms when using the MonkeyMusic Service. Apple, and its subsidiaries, are third party beneficiaries of the Terms and upon your acceptance of the Terms, Apple has the right (and your acceptance of the right will be validated) to enforce these Terms against you as a third party beneficiary of the Terms.

Compensation
You agree to indemnify and hold MonkeyMusic harmless from and against any reasonable, direct and expectable losses, damages and expenses (including reasonable attorneys' fees and costs) that MonkeyMusic suffers or incurs arising from the following: (1) your violation of any of the Terms (including any additional MonkeyMusic terms and conditions incorporated into this agreement); (2) any User Content that you post or otherwise contribute; (3) any activity you engage in on or through the MonkeyMusic Service; and (4) your violation of any law or third party right.

Governing Law, Mandatory Arbitration and Venue
6.1 Governing Law and Jurisdiction
The Agreements (and any conflict or non-contractual claim arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts

s of the legal principles, unless required by the mandatory legislation of your place of residence.

In addition, you and MonkeyMusic agree to the jurisdiction of the courts listed below to resolve any dispute, claim or controversy arising out of the Agreements (and any dispute/claim arising out of or in connection with them), except as cases where you have the option of legal process in your country of residence or where we are required to choose legal process in your country of residence, under applicable mandatory laws.