Terms and Conditions

1. Introduction

Shotake INC., a company incorporated in New Jersey, United States, together with any entities it controls, is affiliated with, or shares common control with (collectively referred to as “we,” “us,” or “our”), operates jackpotsounds.com and related services.

Please carefully review these Terms and Conditions (“Terms”) before using jackpotsounds.com or any associated websites, applications, or services (collectively, the “Sites”). By accessing or using the Sites, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Sites. We reserve the right, at our sole discretion, to modify, amend, or remove portions of these Terms at any time, as outlined in Section 15 (“Amendment”) below.

2. Consideration

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and sufficiency of which you hereby confirm. This consideration includes, but is not limited to, your ability to access and use the Sites, access data, content, and materials available through the Sites, the potential for us to review, use, or showcase your Submissions (as defined in Section 4, “Submissions”), and the possibility of publicity or promotion arising from our use of your Submissions.

3. Restrictions on Use of Material

All content, materials, and information on the Sites, including but not limited to text, images, audio, videos, and software, are the copyrighted property of Shotake INC., our licensors, or our licensees. All trademarks, logos, service marks, and trade dress displayed on the Sites are proprietary to us or our licensors/licensees. You may not copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use any content, materials, or information from the Sites or any other website owned, operated, licensed, or controlled by us, except as expressly permitted. You may download one copy of the content or materials for personal, non-commercial use on a single device, provided that:
(a) you retain all copyright, trademark, and other proprietary notices;
(b) you do not modify the content or materials;
© you do not use the content or materials in a way that implies an association with our products, services, or brand; and
(d) you do not download content or materials in a manner intended to circumvent future downloads from the Sites.

Any use of content or materials from the Sites on another website, application, or networked environment is strictly prohibited unless explicitly authorized by us in writing. The Sites are intended solely for your personal, non-commercial use. You may not use the Sites for commercial purposes, in any unlawful manner, or in a way that harms us, our affiliates, or any third party, as determined in our sole discretion.

4. Submissions

If you submit content to us, whether intentionally or unintentionally, through features or activities on the Sites (including but not limited to music uploads, comments, contests, promotions, or public forums as defined in Section 6, “Public Forums and Communication”), including any data, text, audio, music, images, videos, messages, profiles, usernames, likenesses, performances, or other materials, as well as links to such content (collectively, “User-Generated Content”), and whether solicited or unsolicited (collectively, “Submissions”), you grant us (and our affiliates, licensees, distributors, agents, and authorized representatives) an unrestricted, perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable worldwide license to use, reproduce, distribute, display, perform, modify, adapt, translate, create derivative works from, publish, broadcast, stream, archive, store, cache, index, and otherwise exploit such Submissions for any purpose, commercial or otherwise, in any media or format now known or hereafter developed, without any obligation to provide notice, attribution, or compensation to you or any other party (the “Submissions License”).

If there is any ambiguity about whether User-Generated Content qualifies as a Submission, it will be deemed a Submission. Submissions are not confidential, and we are not liable for any use or disclosure of Submissions. You represent and warrant that any Submissions you provide, including original music or recordings, are either your own or you have the necessary rights to grant the Submissions License. If your Submissions include musical compositions, you represent that you are a member of a performing rights organization (e.g., ASCAP, BMI, SESAC) and that such compositions are available for licensing directly from those organizations. Regardless of membership, you grant us a perpetual, non-exclusive, irrevocable license to publicly perform any musical compositions (including lyrics) in your Submissions.

For Submissions solicited through features or activities on the Sites (e.g., contests, promotions, or music submissions) that involve the use of our copyrighted materials, we grant you a limited, non-exclusive license to create derivative works using our copyrighted materials, provided that you assign all rights in the resulting work to us. Failure to assign such rights renders your license to use our copyrighted materials null and void.

You appoint us as your agent with full authority to execute any documents or take any actions necessary to confirm the rights, licenses, consents, and assignments in these Terms. You agree that Submissions are not made in confidence or trust, and no confidential or fiduciary relationship is created between you and us. You waive any “moral rights,” “ancillary rights,” or similar rights in the Submissions and will ensure that any third parties with such rights also waive them with respect to us and our authorized users.

You ratify any prior grants of rights, consents, or assignments related to Submissions you have made to us. For questions about these Terms or to exercise any rights, contact us at [email protected].

5. Registration Information and Security

When registering on jackpotsounds.com, you agree to provide accurate, current, complete, and up-to-date information about yourself as required by our registration processes (“Registration Data”). If you provide any Registration Data that is untrue, inaccurate, incomplete, or outdated, or if we have reasonable grounds to believe so, we reserve the right to suspend or terminate your account and deny you access to all or part of the Sites, both now and in the future.

You further agree to:

(a) promptly notify us at [email protected] of any unauthorized use of your username, password, or other account information, or any security breach related to the Sites that you become aware of; and

(b) log out of your account at the end of each session to prevent unauthorized access.

Shotake INC. expressly disclaims liability for any losses or damages resulting from your failure to comply with this section. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

6. Public Forums and Communication

A “Public Forum” refers to any feature or area on the Sites that allows users to submit, post, display, or view User-Generated Content, or to interact, share, or exchange User-Generated Content with other users, visitors, or the public. This includes, but is not limited to, comment sections, message boards, chat features, social media integrations, profile pages, music upload areas, or email functionalities.

You acknowledge that any content you submit to a Public Forum may be transmitted through our servers, third-party servers acting on our behalf, and the Internet, and may be publicly accessible online. As such, you have no expectation of privacy for any submissions made in a Public Forum. These forums are intended for public, not private, communication, and we cannot guarantee the security of any information you disclose through them. You make such disclosures at your own risk.

You are solely responsible for the User-Generated Content you submit, post, or share under your username or otherwise in any Public Forum, as well as for the consequences of such actions. We do not endorse, and are not responsible for, any opinions, advice, or statements posted by users in Public Forums, and we disclaim all liability related to such content. Using User-Generated Content from Public Forums is at your own risk.

We reserve the right, at our sole discretion and without prior notice, to screen, refuse to post, remove, or edit User-Generated Content in Public Forums for any reason or no reason. If we choose to screen content, there may be a delay in its posting to allow for review. If we have concerns about your User-Generated Content, including potential copyright issues, we may contact you to verify ownership or permissions.

When participating in Public Forums, do not assume that users are who they claim to be, possess the knowledge they claim to have, or are affiliated with the entities they claim to represent. Information in Public Forums may be unreliable, and you should not make decisions, including financial or investment-related ones, based solely on such information. We are not responsible for the accuracy of User-Generated Content in Public Forums or for any actions or decisions you take based on such content.

Access to and participation in Public Forums, including submitting or viewing User-Generated Content, may be subject to age restrictions or other requirements, which we may update at our discretion. Any such restrictions or procedures will be clearly indicated within the relevant Public Forum.

7. House Rules

By using the Sites, you agree to adhere to the following House Rules governing your conduct and User-Generated Content:

You will not submit, post, upload, distribute, or otherwise make available any User-Generated Content that:
(a) is defamatory, abusive, harassing, threatening, insulting, or invasive of another person’s privacy, including content that could be considered stalking;

(b) is hateful, bigoted, racially offensive, or otherwise discriminatory;

(d) is illegal, promotes illegal activity, or discusses illegal activities with the intent to commit them;

(e) infringes or violates any third-party rights or any law, including but not limited to:

(i) copyright, trademark, patent, trade secret, or other proprietary rights;

(ii) privacy or publicity rights (e.g., distributing another person’s personal information without their express consent); or

(iii) confidentiality obligations; or

(f) violates the terms of the Submissions License (as defined in Section 4, “Submissions”).

You represent that you own or have secured all necessary rights, licenses, consents, and permissions to use and authorize us to use, distribute, or exploit any User-Generated Content you submit, without requiring permission or payment to any third party. This includes all copyrights, trademarks, privacy rights, publicity rights (e.g., names, likenesses, or voices), or other proprietary rights. For Submissions containing original music or recordings, you represent that you are a member of a performing rights organization (e.g., ASCAP, BMI, SESAC) and that all musical compositions (including lyrics) are available for licensing directly from such organizations. Regardless of membership, you grant us a perpetual, non-exclusive, irrevocable license to publicly perform any musical compositions (including lyrics) in your Submissions, as stated in Section 4.

You will not:

(a) use the Sites or Public Forums to advertise, sell products or services, solicit others (including for donations), or engage in any commercial activities;

(b) use Site features (e.g., email functions, music sharing, or notifications) for commercial purposes;

© submit or distribute software, files, or other materials containing viruses, malware, or harmful components that could impair the Sites or any connected network, or interfere with others’ use of the Sites;

(d) impersonate any person or entity, misrepresent your identity or affiliation, or use another person’s account, name, likeness, or other identifying information;

(e) engage in disruptive or antisocial behavior, such as “spamming,” “trolling,” “flaming,” “flooding,” or “griefing,” as commonly understood online;

(f) remove or alter legal notices, disclaimers, or proprietary notices (e.g., copyright or trademark symbols) or modify logos without permission;

(g) submit content in Public Forums that is unrelated to the forum’s designated topic or purpose;

(h) violate any Public Forum’s specific restrictions, such as age limits or procedures; or

(i) engage in or attempt to engage in criminal activities, including but not limited to child pornography, stalking, fraud, harassment, theft, drug dealing, trafficking in obscene or stolen material, or conspiracy to commit crimes.

We do not guarantee that other users will comply with these House Rules or other provisions of these Terms, and you assume all risks of harm or injury resulting from any non-compliance by others.

If any feature on the Sites requires you to provide an email address or phone number to send messages, notifications, or shared content (e.g., sharing a music track), you agree to provide your own valid email address or phone number. Business use, bulk messaging, or automated messaging is prohibited. Messages or shared content must not include inappropriate language, images, copyrighted material (without the copyright holder’s consent), or encourage illegal activity. We reserve the right to block or refuse to deliver any messages or content that violate these guidelines.

For questions about these Terms or to report violations, contact us at [email protected].

8. Our Content Removal Rights

Shotake INC. reserves the right, but does not assume any obligation, to remove or restrict access to any User-Generated Content on the Sites that:
(a) violates these Terms and Conditions, including but not limited to the House Rules outlined in Section 7; or
(b) is necessary to comply with any subpoena, court order, or legal requirement, or to cooperate with law enforcement authorities in identifying users suspected of using the Sites in violation of applicable law.

At our sole discretion, we may preserve records of any such User-Generated Content and disclose all or part of it to law enforcement officials or other relevant authorities if deemed appropriate. We are under no obligation to notify you of such actions unless required by law.

9. Content Linked to the Sites

When using jackpotsounds.com, you may encounter links to third-party websites or services that are not under our control. These links may appear in advertisements, sponsored content, search results, or other features on the Sites. For example, clicking on a banner ad or a shared link may redirect you to an external website. You acknowledge that by clicking such links, you may leave the Sites, and the destination websites may have different terms of use and privacy policies. Shotake INC. is not responsible for the content, practices, or policies of these third-party websites.

We reserve the right, but are not obligated, to disable links from third-party websites to the Sites. We make no representations or warranties regarding the accuracy, relevance, copyright compliance, legality, or appropriateness of content on third-party websites linked to or from the Sites, including those listed in any directories or search results on our platform. You access and use linked third-party websites at your own risk, and we encourage you to review their terms and policies before engaging with them.

10. Disclaimer

ALL INFORMATION, CONTENT, AND MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOTAKE INC. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITES, INCLUDING ANY USER-GENERATED CONTENT, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR CORRECTING DEFECTS OR ENSURING THAT THE SITES OR THEIR SERVERS ARE SECURE FROM MALICIOUS SOFTWARE. YOU ASSUME ALL COSTS RELATED TO ANY NECESSARY SERVICING, REPAIRS, OR CORRECTIONS RESULTING FROM YOUR USE OF THE SITES.

We do not warrant or make any representations regarding the accuracy, completeness, reliability, safety, or results of using any information, content, materials, products, or services on or accessed through the Sites, including User-Generated Content or third-party websites linked to the Sites. Applicable law may not permit the exclusion of certain implied warranties, so some of these exclusions may not apply to you.

We expressly disclaim responsibility for the accuracy, completeness, or availability of information, content, or materials on third-party websites linked to or from the Sites. We do not endorse any products, services, or merchandise offered by third parties, nor do we verify the accuracy or reliability of their content. We make no representations or warranties about the security of any information (including personal or payment information) you provide to third parties through linked websites. You irrevocably waive any claims against us related to information, content, or materials on the Sites (including User-Generated Content), third-party websites, or any data you provide to such third parties (including credit card or personal information). We strongly recommend conducting your own due diligence before engaging in any transactions, online or offline, with third parties.

11. Indemnification

You are solely responsible for maintaining the confidentiality of your account credentials (usernames, passwords, etc.) and for all activities conducted under your account. You agree to indemnify, defend, and hold harmless Shotake INC., our affiliates, licensors, licensees, distributors, agents, representatives, and their respective officers, directors, employees, contractors, service providers, and assigns (collectively, the “Indemnified Parties”) from and against any losses, damages, liabilities, and costs (including settlement costs, legal fees, and other expenses related to investigating or defending claims) arising from:

(a) your breach of these Terms and Conditions; or

(b) any claims related to your account, including unauthorized use or misuse of the Sites.

You agree to cooperate fully with us in defending any such claims. We reserve the right, at our own expense, to assume exclusive control and defense of any matter subject to indemnification by you, and you shall not settle any claim without our prior written consent.

For questions about these Terms or to report issues, contact us at [email protected].

12. Limitation of Liability

To the fullest extent permitted by applicable law, Shotake INC., including our affiliates, licensors, licensees, and their respective resellers, distributors, service providers, and suppliers, shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to lost profits, personal injury (including death), or property damage, arising from:
(a) your use of, or inability to use, the Sites or any content, materials, or functionalities available on the Sites; or
(b) the conduct or actions, whether online or offline, of any user of the Sites or any other person or entity, even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all damages, losses, or causes of action, whether in contract, tort, negligence, or otherwise, exceed the amount you paid to us, if any, or USD $150, whichever is less, for accessing or participating in any activities related to the Sites.

Additionally, neither we nor our affiliates, licensors, licensees, or their respective suppliers shall be liable for any delay or failure to provide services resulting from causes beyond our reasonable control, including but not limited to equipment or technical failures, power outages, labor disputes, riots, civil unrest, material or labor shortages, natural disasters, acts of God, war, governmental actions, court orders, or third-party non-performance (collectively, “force majeure”).

You acknowledge that we are not responsible for:
(a) any incompatibility between the Sites and any third-party sites, services, software, or hardware; or
(b) any delays or inaccuracies in transactions conducted through the Sites.

The limitations and exclusions in this section apply to the maximum extent permitted by law. Some jurisdictions may not allow the exclusion or limitation of certain damages, so these provisions may not apply to you in full.

13. Jurisdictional and Venue Issues

Any legal action or proceeding arising out of or related to these Terms shall be filed exclusively in the state or federal courts located in Camden County, New Jersey, USA, and you hereby consent to the personal jurisdiction and venue of such courts for such purposes. Shotake INC. makes no representation that the content or materials on the Sites are appropriate or available for use in all locations. By accessing the Sites, you do so at your own initiative and are responsible for complying with all applicable local laws.

14. Amendment

We reserve the right, at our sole discretion, to modify, add, or remove portions of these Terms at any time without prior notice. It is your responsibility to periodically review these Terms for updates. Your continued use of the Sites following any changes constitutes your acceptance of the revised Terms.

15. Termination

These Terms remain in effect until terminated by either you or us. You may terminate these Terms at any time by ceasing use of the Sites and destroying all materials obtained from the Sites, including any copies or documentation, made under these Terms or otherwise.

We may terminate your access to the Sites at any time, with or without cause, and without notice, at our sole discretion. Upon termination, you must cease all use of the Sites and destroy all materials obtained from them, including any copies.

We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

Provisions of these Terms that, by their nature, should survive termination (such as indemnification, limitation of liability, and disclaimers) shall continue to apply after termination.

16. General Provisions

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law principles. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

No waiver by us of any provision of these Terms shall be deemed a continuing waiver of that provision or any other provision. Any claim or cause of action arising out of or related to your use of the Sites must be filed within one year after the cause of action accrues; otherwise, such claim shall be permanently barred.

17. Notice and Procedure for Making Claims of Copyright Infringement

If you believe your copyrighted work has been used on the Sites in a way that constitutes infringement, you may notify us by providing our designated agent with the following information:

(a) your physical or electronic signature;

(b) identification of the copyrighted work claimed to have been infringed;

(d) your contact information, including your name, address, telephone number, and email address;

(e) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;

(f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Notifications should be sent to:
Shotake INC.
Attn: Copyright Agent
525 RTE. 73 NORTH, STE. 104, Marlton, NJ 08053
Email: [email protected]

We may notify users of copyright infringement claims via a general notice on the Sites, email to the user’s recorded email address, or written communication sent by first-class mail to the user’s physical address. If you receive such a notice and believe the material was removed or disabled in error, you may submit a counter-notification to our designated agent, including:

(a) your physical or electronic signature;

(b) identification of the material that was removed or disabled, and its prior location;

(d) your name, address, phone number, and a statement that you consent to the jurisdiction of the federal district court for the district where your address is located (or the District of New Jersey if your address is outside the United States) and will accept service of process from the party who reported the alleged infringement.

18. Language Versions

If there is any discrepancy between the English version of these Terms and any version in another language, the English version shall prevail.

For questions about these Terms or to report issues, contact us at [email protected].