Terms and Conditions

1. Your Relationship With Us

Welcome to Music Battles (the "App" or "we"), domiciled in 455 Montes Urales, 6 Floor, Lomas de Chapultepec III Section, Miguel Hidalgo, C.P. 11000, Mexico City, Mexico. We will refer to ourselves as "Music Battles" , "we" or "us" .

You are reading the terms and conditions of service (the "Terms"), which govern the relationship between you and us and set forth the terms and conditions by which you may access and use the App and our related websites, services, applications, products and content (collectively, the "Services"). Our services are provided for private and non-commercial use. For the purposes of these Terms, "you" and ""your" refer to you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Music Battles, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines the terms of which can be found directly on the App, or where the App is made available for download, on your mobile device's applicable app store, and are incorporated herein by reference.

You also represent under oath to tell the truth, that you are over 18 (eighteen) years of age and that you have sufficient legal capacity to bind yourself under the terms of this document, or that you are the parent or guardian of a minor, over the age of 13 (thirteen) and that you authorize the minor to use the App.

If you do not agree to these Terms, you will not be able to access or use our Services.

If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services, as well as for the access or use of your account by others aliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

You should print off or save a copy of the Terms for your records.

3. Changes to the Terms

We modify these Terms from time to time, for example, when we update the functionality of our Services, when we combine various apps or services operated by us or our aliates, or when regulatory changes occur. We will use commercially reasonable efforts to notify all users of any material changes to these Terms, such as through a notice on our App; however, you should check the Terms regularly to verify such changes. At the same time, we will update the "Last Updated" date at the bottom of this Terms, which reflect the effective date of this Terms. Your continued access or use of our Services aer the date of the updated Terms constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop accessing or using these Services.

4. Your Account with Us

To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you promptly maintain and update your data and any other information you provide to us, in order to keep such information current and complete.

It is essential that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that a third party knows your password or has accessed your account, you must notify us immediately at ayuda@musicbattles.mx

You agree that you are solely responsible (to us and to third parties) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any thirdparty rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account deleted, we may take care of it. Contact us via ayuda@musicbattles.mx and we will provide you with further assistance and guide you through the process. Keep in mind that once you choose to delete your account, you won't be able to reactivate or retrieve any content or information you've added to your account.

5. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

Access or use the Services if you are not over 18 (eighteen) years of age or do not have sufficient capacity to accept these Terms. If you are between 13 (thirteen) and 18 (eighteen) years of age, you must have the consent of your parent or legal guardian and it must be them, who accept these Terms;
To the extent permitted by applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works based on the Services, including les, tables or documentation (or any part thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the App or any derivative works thereof; Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
Market, rent or lease the Services for a fee or charge, or use the App to advertise or perform any commercial request; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
Interfere with or attempt to interfere with the proper functioning of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
Incorporate the App or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, cancel accounts or limit access to the Services in our sole discretion;
Use automatic scripts to collect information from or otherwise interact with the Services;
Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
Intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Use or attempt to use another's account, service or system without authorization from Music Battles, or create a false identity on the Services; Use the Services in a way that may create a conflict of interest or undermine the purposes of the Services, such as exchanging reviews with other users or writing or requesting fake reviews;
Use the Services to upload, transmit, distribute, store or otherwise make available in any way:

1. Files containing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material;

2. Any unsolicited or unauthorized advertising, requests, promotional materials, "spam" , "chains" , "pyramid schemes" or any other prohibited form of request; 3. Any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., social security numbers, passport numbers, among others) or credit card numbers;

4. Any material which infringes or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;

5. Any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;

6. Any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-inflicted harm;

7. Any material that is deliberately designed to provoke or antagonize people, especially by acting as a "troll" or bullying, or is intended to harass, harm, scare, hurt, upset, distress, embarrass or annoy people;

8. Any material containing a threat of any kind, including threats of physical and/or psychological violence;

9. Any material that is racist or discriminatory, including discrimination based on race, religion, age, gender, disability or sexuality;

10. Any responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or

11. Material that, in Music Battles' sole discretion, is unacceptable or restricts or inhibits any other person from using the Services or that may expose Music Battles, the Services or its users to any harm or liability of any kind;

In addition to the foregoing, your access to and use of the Services must, at all times, comply with our Community Guidelines.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons why we may remove or disable access to content may include finding content unacceptable, in violation of these Terms or our Community Guidelines, or harmful to the Services or our users.

Verified users

The verification badge (popcorn/star) in the App is used to confirm the authenticity of public interest accounts. The badge appears next to the name in the account profile, and next to the account name in the search results. It is always the same color and appears in the same place, regardless of profile customizations.

A user can be verified if it is determined to be of public interest, such as an artist, and their badge will be recognized with a star next to their username and if you are another type of public interest user, not an artist, it will be verified with a popcorn or check next to the username. These are usually user accounts that fall within the eld of music, acting, fashion, government, politics, religion, journalism, media, sports, business and other key areas of interest.

For Verified Users, they will only be able to receive "battles'' created by other Verified Users. Verified Users may participate by voting, commenting and sharing battles generated by any user within the App, but will not be able to receive battles from Users who are not verified by us.

User inactivity

To keep music indefinitely within your Music Battles profile, you'll need to stay as an active user on the app.

In case that in an uninterrupted period of thirty days you remain inactive as a user, the plays and replays of the unlocked songs will be lost (will go back to zero), so you will have to participate again in battles that include the songs to gain plays and be able to replay it.

The "active user" is the one who opens the App and logs in. A user who accesses the App without logging in to their account, will be considered as "inactive user" . Meaning that his music will lose the plays.

Music Battles users, to preserve the plays for their unlocked songs, must at least log in to their account.

The access to Music Battles through the option "Social Media" , allows you to create an account and access it by clicking on a button and using the same credentials that you use for the selected social network to access Music Battles services.

The access through the social networks is possible through the social network's own services in which you already have registered data that is not owned or controlled by Music Battles. Music Battles does not control or assume responsibility for the privacy policies or the practices of thirdparty websites. If you use a registry option through social media, you do so at your own risk and acknowledge that Music Battles privacy policies do not apply to the use of those websites or social networks.

We recommend you read the terms and conditions, as well as the privacy policies of any web site, social network or third-party service that is used within the App.

Music Plays

Through the feature of Music Plays users will have a number of replays associated with each song. The users will be able to keep listening unlimitedly to the songs, as long as they have the necessary replays.

The obtainment of replays can only be done through online unblocking, nevertheless, the use of replays can be carried out with or without a connection to the internet.

The replays are not backward compatible with older versions; therefore, the users can only accumulate replays once the App is installed with that feature.

After a replay, the replay counter of each song is updated showing the number of replays available to the user for each song.

One replay is counted when:

The user selects a song to start listening to it.
The user presses <> to play the song from the beginning.
The shuffle mode starts the song.
The repetition mode starts the song (on every start of repetition a play is discounted).
The user rewinds any song to the range between 0:00 and 0:10 seconds.
The user presses <> to go on to the next song (a play is discounted from the next song).
The song ends and the next song comes on (a play is discounted from the following song).

No play is discounted when:

The user pauses and replays the song
The user rewinds the song from the second 0:10 and on.

Battle Coins

The collection and accumulation of Battle Coins is not backward compatible with older versions; therefore, users may only accumulate battle coins once the App is installed with that feature.

6. Marketplace

User's Battle Coins can be redeemed through the Marketplace and the stores created within the Rewards section for products and/or applicable services through the App and/or authorized external providers. You can only exchange your Battle Coins if you gain enough to exchange them for the lowest value product within the App and if your account meets the established requirements. Music Battles reserves the right to change, at its discretion and without prior notice, the offers of products and/or services published in the App. The value of the selected reward cannot be superior to the number of Battle Coins accumulated in your account. However, you can select a reward of a lower value. All Battle Coins not used will remain in your account for future use and, once the Battle Coins are exchanged, they will be discounted from your account.

The Battle Coins are not negotiable and can only be exchanged for the rewards indicated previously, or the ones established in the App. The rewards showed in the App do not necessarily reflect the exact colors or models of the real rewards, given the fact that there are variations when printed and updates from manufacturers. Music Battles reserves the right to substitute any reward for another one of the same or higher value, in the case that the selected reward in unavailable. Music Battles reserves the right to designate a third party to administer the rewards program and/or the Marketplace, as well as the prizes. You must read our Privacy Policy In any of these programs or spaces we can collect information about the exchange. This can include authentication information and contact information like your shipping address, telephone and email. Music Battles will not be liable for the losses that you might have suffered personally and that are a result of any error or omission committed by third parties in the administration and delivery of rewards. To carry on the delivery of the rewards, you must complete a delivery form that will contain, for example, complete name, telephone, email, address, amongst others. The delivery times of the acquired products through the App depend on the suppliers you selected at the moment of selecting the delivery. A confirmation email will indicate your delivery data, which will include the tracking number and the shipping company's customer service number responsible for the delivery, in a way that, if there is any problem with the delivery, you can contact the company to solve it.

The rewards received as a result of the exchange for the Battle Coins cannot be changed, returned, nor exchanged for cash. The products acquired through the App can only be returned and refunded (in the virtual currency in which they were purchased) only in cases where there are manufacturing defects as long as you communicate to Music Battles your intention to return an item purchased within a term of 10 (ten) natural days at most, calculated from the date of delivery of the package, in writing. You must indicate the username within the App, the shipping company that delivered, as well as the tracking number. Once the term of 10 (ten) natural days has expired, returns for items redeemed in Music Battles will not be accepted.

Music Battles Sweepstake

Through the Marketplace, users will be able to participate in activities called "Music Battles Sweepstake" , or any other name Music Battle considers suitable.

General Terms for Music Battles Sweepstake

The participation in this activity is voluntary and free, it is not necessary that the users buy any product and in it, chance may be featured.

To participate in the Music Battles Sweepstake (sweepstake), you must have an account in the App and fulfill the requirements of every Sweepstake, as well as the ones established in these Terms. If Music Battles has knowledge that the information you declared at the moment of creating your account and/or the information declared in the email notifying you won the Sweepstake is untrue, your participations will be immediately disqualified and Music Battles may delete your account in the App. This will be done without detriment of any other legal consequence that may result applicable. The winners of every Sweepstake may acquire material and/or digital, as well as the possibility, at Music Battles discretion, to appear in a banner announcing the winners. The decisions about the winners will be sovereign and unappealable. All users may participate in the Sweepstake, unblocking participating songs from the catalog and gaining the corresponding Battle Coins from each unblock to, thus, acquire digital tickets for the Sweepstake through the Marketplace of the App. The users may use the collected Battle Coins in exchange for digital tickets. Each digital ticket will have a unique identifier, which will be associated to the user during the time the Sweepstake lasts. The digital tickets will only be valid during the time the Sweepstake lasts, thus they cannot be used for another one. All digital tickets that are not creditors to a prize during the Sweepstake will lose their validity at the end of it. The limit of digital tickets each user may acquire in each Sweepstake will be established and communicated in the terms and conditions or information of each Sweepstake.

The unique identifiers of each digital ticket will be raffled to determine the prizes for each of the tickets. All of the tickets will have the same probability of being selected as winners. In the case of there being more than one prize, the first ones raffled will be of higher value according to the dynamic. The winning tickets will be removed from the following raffles for the remaining prizes. The prize or prizes will be announced during the Sweepstake and the winning tickets, as well as the users associated to that ticket will be announced and notified when the Sweepstake has taken place. In the case that any taxes or fees related to the prize have to be covered, these will be each winner's responsibility. If the winner does not answer in the term of 1 (one) month after being noticed by Music Battles, he may lose his prize/benet, to the discretion of Music Battles.

The prizes/benets are not transferable. The winners may be required to sign and send Music Battles any additional document that is required, with the objective of delivering the prize. If a potential winner does not return the documents before the due date stipulated by Music Battle, the prize will be lost and an alternative winner will be declared, to Music Battles discretion. No responsibility will be assumed for the damages and losses that result of the acceptance or use of any prize or part of it. Music Battle reserves the right to disqualify ad shut down the account of any user that alters or tries to alter the entry process or the operation of the Sweepstake, the App or the website, or that violates these Terms or the rules for the Sweepstake. Any attempt from anyone to deliberately jeopardize the legitimate functioning of the dynamic, can constitute a violation to the criminal and/or civil legislation; in the case it is attempted, Music Battles reserves the right to claim damages from any participant to the fullest extent possible by the law. Failure from Music Battles to enforce any provision of these Terms does not constitute a waiver to that provision or right. Music Battles reserves the right, to its sole discretion, to cancel, terminate, modify or suspend the dynamic if it is not possible to run as planned, including, amongst others, for computer virus, manipulation, nonauthorized intervention, fraud, technical failures or any other issue out of Music Battles control.

Music Battles and each of its respective aliates, officers, directors, agents and employees shall have no responsibility for any claim arising in connection with participation in the dynamics or rights granted. You assume full responsibility for any injury or damage caused, or claim, for the participation in the dynamics, use or redemption of any right.

The dynamics will be carried out and cover the territory of Mexico.

Collaborators, employees, shareholders and managers, as well as their relatives until the second degree of kinship and/or affinity, undertake not to participate in the Sweepstake and, if they do so and prove winners, expressly waive the corresponding prize.

Music Battles reserves the right to award the prize to the Winner in the event that, in its consideration, any rules described herein have been violated and/or attempted to mislead or submit false information to Music Battles. The awarding of the prize to the winners, will be carried out according to the terms established on point 9 of the present Terms.

Please Note: In any contest or sweepstake offered, Apple is not a sponsor, nor aliated in any way.

7. Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights, for example, you must not upload any content owned by another person to the Application. We reserve the right, with or without notice, at any time and in our sole discretion, to block access and/or terminate the accounts of any user who infringes or is presumed to infringe copyright or other intellectual property rights.

8. Content

A. Music Battles Content

Between you and Music Battles, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and the "appearance and operation" of the Services and all related intellectual property rights (the "Music Battles Content"), are owned or licensed by Music Battles, and it is understood that you or your licensors will own any User Content (as defined below) that you upload or transmit through the Services. Use of Music Battles Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed or otherwise exploited without the prior written consent of our licensors or, where applicable, our prior consent. We and our licensors reserve all rights not expressly granted in and to the content.
You acknowledge and agree that we may generate revenue, increase the merchant fund, or increase our value from your use of the Services, including, by way of example and without limitation, the sale of advertising, sponsorships, promotions, usage data and gis, and, unless we specifically authorize you in these Terms or in any other agreement you enter into with us, you shall have no right to share such income, trading fund or any value. You further acknowledge that, except as specifically permitted by us in these Terms or in any other agreement you enter into with us, (i) you have no right to receive any income or other consideration of any User Content (defined below) or your use of any musical work, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you and (ii) you are prohibited from exercising any right to monetize or obtain remuneration for any User Content within the Services or any third-party service (for example, you may not claim User Content uploaded to a Social Media Application such as YouTube for monetization).
Subject to the terms and conditions of these Terms, you are granted a worldwide non-exclusive, limited, non-transferable, non-sublicensed, revocable worldwide license to access and use the Services, including downloading the Application to a permitted device, and authorizing access to Music Battles Content solely for your personal, non-commercial use through the Services and solely in compliance with these Terms. Music Battles reserves all rights not expressly granted herein relating to the Services and Music Battles Content. You acknowledge and agree that Music Battles may terminate this license at any time for any reason or for no reason.
You acknowledge and agree that when you view content provided by others through the Services, you will do so at your own risk. The content of our Services is provided for general information only. It is not intended to be conceived as advice to be trusted. You must obtain professional or specialized advice before exercising, or refraining from, any action based on the content of our Services.
We make no representations or warranties, express or implied, that any Music Battles Content (including User Content) is accurate, complete or up-to-date. When our Services contain links to other sites and resources provided by third parties, these links are provided solely for your information. We have no control over the contents of such sites or resources. These links should not be construed as an endorsement by us of those linked websites or information you may obtain from them. You acknowledge that we are under no obligation to preselect, monitor, review or edit any content posted by you and other users in the Application (including User Content).

B. User-generated content

Information and materials in User Content, including User Content incorporating Music Battles Items, have not been verified or approved by us. The opinions expressed by other users on the Services (including through the use of virtual gis) do not represent our opinions or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, or contact other users of the Services, you must comply with the standards set out in Section 5 above. You may also choose to add or transmit your User Content, including one that incorporates Music Battles Items, on third-party sites or platforms. If you choose to do this, you must comply with its content guidelines and the standards set out above in this Section 7.
You warrant that such contribution meets these standards, and you will be liable to us and indemnify us for any breach of such warranty. This means that you will be liable for any loss or damage we suffer as a result of your breach of warranty.
Any User Content shall be deemed non-confidential and public. You must not post any User Content on or through the Services or transmit to us any User Content that you consider condential or owned. When you submit User Content through the Services, you agree and represent that you own such User Content, or have received all necessary permissions or authorizations, or that you have been authorized by the owner of any part of the content to send it to the Services, to transmit it from the Services to other third-party platforms, and/or to adopt any third-party content.
You or the owner of your User Content still own the copyright to the User Content you have submitted to us, but by submitting User Content through the Services, you grant us an irrevocable unconditional license, non-exclusive, copyright-free, fully transferable, perpetual worldwide to use, modify, adapt, reproduce, perform derivative works from, publish and/or transmit, and/or distribute and authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, perform derivative works from, publish and/or transmit your User Content in any format and in any Application, whether known or invented from that time on.
In addition, you grant us a copyright-free license to use your username, image, voice and likeness to identify you as the source of any User Content of yours.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not least, the right to reproduce sound recordings (and make mechanical reproductions of the musical works included in such sound recordings) and to publicly perform and communicate to the public the sound recordings (and musical works incorporated therein), all without paying rights. This means that you are granting us the right to use your User Content without the obligation to pay rights to third parties, including but not just a sound recording copyright owner (e.g., a record label), a copyright owner of musical works (e.g. a music publisher), an execution rights organization or Collective Management Society (e.g. ASCAP, BMI, SESAC, SACM, etc.) (a "PRO"), a PRO sound recording (e.g. Sound Exchange), any union or guild, and engineers, producers or other copyright participants involved in the creation of User Content.

Specific rules for musical works and for recording artists. If you are a composer or author of a musical work and are aliated with a PRO, you must notify your PRO of the copyright-free license you grant us through these Terms in your User Content. You are solely responsible for ensuring compliance with the relevant PRO reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of that music publisher to grant the royalty-free licenses set forth in these Terms in your User Content or have that music publisher enter these Terms with us. Just because you have created a musical work (for example, if you have written a song) does not mean that you have the right to license us in these Terms. If you are a recording artist hired with a record label, then you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you may have with your record label, even if you create any new recordings through the Services that may be claimed by your record label.

Hearing access rights. All rights you grant in your User Content in these Terms are provided through the audience, which means that third-party service owners or operators shall have no separate liability to you or any other third party for User Content posted or used on such third-party service through the Services.

Disclaimer of User Content rights. By posting User Content on or through the Services, you waive any right of inspection or prior approval of any marketing or promotional material related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content or any part thereof. To the extent that moral rights are not transferable or assignable, you hereby waive and agree not to enforce any or all moral rights or to endorse, maintain or permit any action based on the moral rights you may have on or with respect to any User Content you post through the Services.

In any circumstance, we also have the right to disclose your identity to any third party who claims that any User Content posted or added by you on our Services constitutes a violation of your intellectual property rights or your right to privacy.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to post your content in our sole discretion. We have the right to remove, reject, block or delete any postings you make on our Application if, in our opinion, your posting does not meet the content standards set forth in Section 5 (Use of Our Services) above. In addition, we have the right, but not the obligation, in our sole discretion to remove, reject, block or delete any User Content (i) that we believe violates these Terms or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. We do not guarantee the accuracy, completeness, adequacy or quality of any User Content and under no circumstances will we be liable in any way for any User Content.

We accept no responsibility for any content submitted by users and posted by us or authorized third parties.

If you would like to file a complaint about information and materials added by other users, please contact us via email ayuda@musicbattles.mx

Music Battles takes reasonable steps to quickly remove from our Services any infringing material we become aware of. It is part of Music Battles' policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services that repeatedly infringe the copyright or intellectual property of third parties.

As our star continually works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, reactions, feedback and suggestions we receive from the user community. If you choose to contribute by sending us or our employees product ideas, services, features, modifications, improvements, content, refinements, technologies, content offerings (such as audio, video, games or other types of content), promotions, strategies, product/feature names or any related documentation, graphic material, computer code, diagrams or other materials (collectively "Comments"), then, regardless of what the accompanying communication says, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by submitting Feedback to us, you agree that:

I. Nor we are required to review, consider or implement your Feedback or to return all or part of any Comment to you for any reason.

II. The Feedback is provided in a non-condential manner and we are not obligated to maintain any Comments that you send us confidential or to refrain from using or disclosing it in any way.

III. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on the basis of up to the hearing), communicate to the public, make available, publicly and in any other way use and exploit the Feedback and its derivatives for any purpose and without restriction, free of charge and without attribution of any kind, including through the manufacture, use, sale, offer for sale, import and promotion of commercial products and services incorporating or representing Feedback, whether in whole or in part, and as provided or modified.

9. Dynamics

Music Battles seeks, through in-app dynamics, to recognize and incentivize those users who, by activity and merit, manage to place the most active users. To this end, within the navigation menu, a section called "Prizes" has been created in the Trends section. In this section, you will be able to browse and check for the existence of award-winning dynamics by entering the leaderboards that reflect the leading users by category.

Award-winning categories

The categories that might contain awards for leaders are as follows:

Leaders in unlocks.
Battle Points Leaders.
Leaders in participating battles.
Leaders in followers.

I. Unlock Leaders:

The goal in this category is to unlock as many songs as possible within a given week or month.

The winners will be the users with the most songs unlocked within the period determined by the dynamics.

Rules:

To get an unlock, you will need to enter to vote for a battle and accept the gift song.
At the end of the period or dynamics, the user who reaches the first position with the highest number of unlocks will be the winner. Promotion valid only for users with a non-verified profile.

II. Battle Points Leaders:

The goal of this dynamic is to participate by voting, creating or answering battles to win Battle Points according to your activity.

To win, you must:

Create, respond and vote in battles, to get the most Battle Points during the dynamic period.
At the end of the dynamic period, the user who is set to the first position in the Leaders table in Battle Points, will be the winner.
Promotion valid only for users with a non-verified profile.

What are Battle Points?

Battle Points are the points users earn when interacting by creating, responding to, or voting battles. Users will also be able to win Battle Points, depending on the final result of the battles played.

How to win Battle Points?

You'll get five (5) Battle Points for unlocking a song.
You'll get three (3) Battle Points for each battle won.
You'll get two (2) Battle Points for each battle tied.
You'll get two (2) Battle Points for creating a battle.
You'll get one (1) Battle Point for participating and voting in a battle.

The winners in this category will be the users with the most Battle Points accumulated within the period determined by the dynamics.

III. Leaders in participating sizes:

The goal of this dynamic is to create, accept and vote on the greatest number of battles.

The winners in this category will be the users who have created, accepted and voted battles the most.

How can shares be obtained?

Create a battle.
Answering a challenge.
Vote in a battle.

Users with the most participation will be displayed within the leaderboard of the Participating Battles Leaders category.

Rules:

To gain participation in battle, you'll need to create battles, respond to challenges, and/or vote in any available battle.
To reach first place, you'll need to earn the most participations in battle during the dynamic period.
Invalid promotion only for users with profile without verification.

iv. Leaders in followers:

The goal of this category is to get the most followers during the week or during the month.

Users with the most followers accumulated during each week and/or calendar month will be the winners in this category.

To win you must:

Get the most followers during the dynamic period.
At the end of the dynamic period, the user who settles in the first position, with the highest number of followers, will be the winner.
Promotion valid only for users without verification.

Temporality.

Within each category, at the top of the leaderboard, the start and end date of the dynamic will be specified.

This way, for each category, prizes can be awarded per calendar week, for example, leaders in unlocks per week.

Leaderboards.

The data that is taken into account to construct each item table by category is counted by weeks, months, and history. These time periods are also taken into account to define prizewinners.

Leaderboards without prize

For weeks, the activity to be measured from Monday at 0:00:00 hrs. are counted until its close on Sunday at 23:59:59 hrs.

Leaderboards with award:

In the event of an award-winning dynamic, both the temporality and the time zone under which the dynamics are created will be indicated in the image of the same with the details, rules, and conditions of the prize.

Dynamics for Awards for Artists.

The objective of this dynamic is to award users for the unblocking or creation of battles within the App.

The dynamic consists of three requirements and/or levels of participation:

Complete the user profile in the App.
Unblock the complete record collection of the Artist that collaborates with Music Battles in the dynamic.

The user may unblock songs in a day or during the week. The number of unblocks that happen during the effective term of the dynamic will be taken into consideration. To be unblocked, we refer to the fact that the user finds and adds the song to their library during the effective term of the dynamic. "If the user would have previously unblocked the song in his library before the start of the dynamic, he shall have to unblock the song again in order for his participation in the dynamic to be valid. "

Once the record collection is unblocked, the user must create battles with the artist's music and search for means of expansion to achieve the highest number of votes for it or them.

The winning user will be chosen based on:

Having a complete profile
Having unblocked the artist's complete record collection
Having created a battle related to the artist and having received the highest number of votes in it.

Award-winning positions.

At the top of each of the leaderboards, there is an image containing the prizes and the specific dynamics to win. By clicking on it, you will be able to consult the instructions and rules of each dynamic.

For example, the first place in the category "Leaders in unlocks from l to week from November 2 to November 8, will win the prize mentioned in the image and rules of that dynamic.

In some cases, depending on the specific dynamic, the "leaderboard" will only be a guide or an example, based on the requirements and/or parameters of the dynamic.

The leaderboard can be updated with up to fifteen minutes of delay, without this meaning a breach from the App.

The winning users may be announced through the App, in the section "Announcement Cards" and/or on Music Battle's social media.

Tiebreaker criterion.

In the event of a tie between two or more users, in any of the prize categories, the highest position in the ranking will be awarded to the user who has reached the position in the ranking in the shortest time.

If you are the user who first arrived at the place or position, you will stay there until another user exceeds the amount achieved.

Winning contestants and prize money.

How can you claim your prizes if you win a dynamic?

In case you are a contestant winner of the participating categories, you will receive an in-app notification as well as a notice in your registered email, to inform you that you are the winner of a dynamic.

Within the body of the mail, a link to the Music Battles site will be included, where you will need to do the following:

Enter the link contained in the email notifying the awarded prize.
Sign in with the email and password you created your Music Battles account with.
Enter the identity verification code, which will be sent by SMS (text message) to the registered cell phone.
Complete the form to verify your identity.
Send your address and shipping information.

When we finish this process, the award will be sent through a courier service contracted by Music Battles, to the delivery address indicated on the email.

Information required for the prize claim:

Full name.
Date of birth.
Email.
Telephone.
Copy of official identification.
Delivery address.

In the event that you are a parent or guardian of a minor, we will need the following information for the award claim:

Full name of minor.
Full name of parent or guardian.
Email.
Telephone.
Copy of identification containing a photograph of the minor
Copy of official identification of the parent or guardian.
Delivery address.

By agreeing to these Terms, you agree that the information provided when creating your account is clear and complete, so that Music Battles can contact you. Music Battles will notify winners within 5 (five) business days of the date the dynamic ends. Any attempted notification returned as impossible to deliver, or in the event that it is impossible to contact the winner due to incomplete or erroneous information, may result in the disqualification of the user.

Message of thanks and publication of the winner of each dynamic.

Once you have already provided your data for award submission and the process is validated and completed, you will receive an email that includes a hyperlink and instructions to a new page.

On this page, once you have received the prize, you can (optionally) upload a photo and/or video thanking Music Battles for the prize won. To do this, you must complete the following steps:

Log in to the site, with your username and password.
You can upload a photo and/or video with the prize, as well as a thank you message
By saving the information, you will save and complete the process.
You can only upload it once, or perform the process for the price won once, of the dynamic you have won.

At the end of the process, Music Battles reserves the right to post the thank you message within the app, website or on its official social networks (Facebook, Instagram, Twitter, among others).

Finally, by this means, you grant an express authorization and for the maximum period that the Federal Copyright Law establishes in favor of Music Battles, or the person we designate, so that your performance, image, performances and voice, are fixed, recorded, reproduced and transmitted by any known or known means.

You also give your express and irrevocable consent that your interpretation, image, voice and, in general, acting, will be fixed, edited, modified, transmitted, reproduced and communicated to the general public, through any known or known means, within the territory of the whole world. In the same way, you expressly authorize Music Battles so that you can use the sound and images together or separately, and we or any third party may authorize, retransmit or host in the application, internet pages or digital platforms.

You further agree and acknowledge that Music Battles will be the sole owner of the economic rights to the works resulting from the thanks and we shall have the power to license, transfer and exploit them by ourselves or through a third party.

General Terms of Dynamics.

Participation in this activity is voluntary and free, it is not necessary for users to buy any products and in it, chance is not a factor.

By joining the Application, you may participate in the dynamics and agree expressively that Music Battles automatically uses your personal data in accordance with our Privacy Notice to create hyperlink and you agree to all the terms and conditions of the Application, as well as the rules and other instruments that may be necessary to participate in the dynamics.

To participate you must have an account in the Application and meet the requirements of each dynamic, as well as those set forth in these Terms.

If Music Battles becomes aware that the information you declared when you created your account and/or the information stated in the email notifying you that you won the dynamic, your entries will be immediately disqualified, and Music Battles may delete your account in the App. This shall be without prejudice to any other applicable legal consequences.

The winners of each dynamic and each category may obtain physical prizes, as well as the possibility, at the discretion of Music Battles, to appear on a winner banner. Decisions about the winners will be sovereign and unappealable.

The prizes of each category can be consulted in the image of the corresponding dynamics.

In the event that taxes or fees related to the prize have to be covered, these will be the responsibility of each winner.

If the winner does not respond within 1 (one) month, aer Music Battles notifies them, they may lose their prize/benet, at Music Battles' discretion.

Prizes/benefits are not transferable.

Winners may be required to sign and send Music Battles any additional documents if required. If a potential winner does not return these documents before the deadline set forth by Music Battles, the prize will be forfeited and an alternative winner will be declared, at Music Battles' discretion. No liability shall be assumed for damages or losses resulting from the acceptance or use of any prize or part thereof.

Music Battles reserves the right to disqualify and close the account of any user who alters or attempts to alter the entry process or operation of the dynamics, the Application or the website, or who violates this Terms or the rules of dynamics.

Any attempt by any person to deliberately undermine the legitimate functioning of the dynamic may be a violation of criminal and civil law and, if attempted, Music Battles reserves the right to claim damage from any person and participant to the fullest extent permitted by law.

Music Battles' failure to enforce any provision of these Terms does not constitute a waiver of such provision or right. Music Battles reserves the right, in its sole discretion, to cancel, terminate, modify or suspend dynamics if it is unable to run as planned, including, amongst others, computer virus infection, manipulation, unauthorized intervention, fraud, malfunction or any other problem beyond Music Battles' control.

The dynamics will be carried out and cover the territory of Mexico.

Collaborators, employees, shareholders and managers, as well as their relatives until the second degree of kinship and/or affinity, undertake not to participate in the dynamics and, if they do so and prove winners, expressly waive the corresponding prize.

10. Compensation

You agree to defend, indemnify and keep safe Music Battles, its parent companies, subsidiaries and affiliates and each of its respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs and expenses, including, amongst others, attorneys' fees and expenses arising out of a breach caused by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these.

11. Disclaimer of Warranty

Nothing in these terms will affect any legal right that you cannot waive or alter and which you have as a consumer under our law.

The services are provided "as is" and we make no warranties or representations regarding them. In particular, we do not represent or warrant that:

Your use of the services will meet your needs;
Your use of the services will be uninterrupted, timely, secure or error-free;
Any information obtained by you as a result of your use of the services will be accurate or reliable; and
Defects in the operation or functionality of any software provided to you as part of the services will be corrected.

No conditions, warranties or other terms (including any implied terms of satisfactory quality, fitness for purpose or conformity with the description) apply to the Services, except to the extent expressly set forth in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our application for commercial and operational reasons at any time without notice.

12. Limitation of liability

Nothing under these terms shall exclude or limit our liability for losses that cannot be legally excluded or limited by applicable laws. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent forgery.

With respect to the provisions of the preceding paragraph, we will not be liable to you for:

(i) any loss of profits (whether incurred directly or indirectly); (ii) any loss of prestige; (iii) any loss of opportunity; (iv) any data loss suffered by you; or (v) any indirect or consequential loss that you may incur. Any other loss will be limited to the amount paid by you to Music Battles in the last 12 months.

Any loss or damage you may suer as a result of:

Your reliance on the completeness, accuracy or existence of any advertising or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
Any changes we may make to the services or the permanent or temporary interruption in the provision of the services (or any characteristic belonging there to them);
The deletion, corruption or lack of storage of any content and other communication data maintained or transmitted by or through your use of the Services;
Your inability to provide us with accurate account information; or
Your inability to keep your password or account details secure and confidential.

Please note that our App is only offered for domestic and private use. You agree not to use our app for any commercial purpose and at the same time we detach from all liability to you for loss of profits, loss of business, loss of trust or professional prestige, business interruption or loss of business opportunity.

If the defective digital content we have provided damages a device or digital content that belongs to you and this is caused by our reasonable breach to care and ability, we will repair the damage or pay your compensation. However, we will not be liable for any damages that could have been avoided by following our advice when applying an update offered free of charge, for damages that were caused by not following the installation instructions correctly or for not having the minimum system requirements suggested by us.

These limitations of our liability to you will apply regardless of having been advised or aware of the possibility that any of these losses might occur.

You are responsible for any mobile phone charges that may arise from your use of our services, including text messages and mobile data. If you're not sure what those specific charges may be, you'll need to check with your provider before using the services.

To the extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including, by way of example and without limitation, any owner, copyright owner or other users, is directly between you and such third party and you irrevocably release us and our aliates from any and all claims, claims and damages (current and consequential) of all kinds and nature, known and unknown, that may arise out of or are in any way connected with such disputes.

13. Other Terms Applicable legislation and jurisdiction for users of Mexico.

These Terms, their subject matter and creation, are governed by Mexican law.

a. Open-Source Applications contain certain open-source software. Each element of open-source software is subject to its own applicable license terms.

b. Complete Agreement. These Terms (including the Supplementary Terms below) constitute the entire legal agreement between you and Music Battles and govern your use of the Services and completely supersede any prior agreements between you and Music Battles in connection with the Services.

c. Links. You can include a link to our homepage, provided you do so in a manner that is fair and legal and does not damage our reputation or benet from it. You must not include a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not include a link to our Application on any website that does not belong to you. The website on which you are adding the link must comply in all respects with the content standards set out in Section 5 (The Use of Our Services) above. We reserve the right to withdraw permission to add these links without notice.

d. Age limit. The Application is only suitable for persons over 13 (thirteen) years old. By using the App, you confirm that you are over the respective age specified above. If we discover that a person under the age specified above uses the Application or does not have the permission of their parent or guardian to make use of the app, we will terminate that user's account.

e. Does not resign. The fact that we do not insist on or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

f. Security. We do not guarantee that our Application will be secure or error-free or virus-free. You are responsible for the configuration of your technology, software and Application to access our App. In addition, you will need to use your own virus protection software.

g. Divisibility. If any court with jurisdiction to decide on this matter determines that any provision of these Terms is invalid, such provision shall be removed without affecting the remainder of the Terms and the remaining provisions of the Terms shall remain valid and enforceable.

Last updated: 2023