MaxLife Music Terms of Use

The Service is operated by iPerform LLC, a wholly owned subsidiary of App Factory, Inc. iPerform LLC builds and runs the MaxLife Music app and website for MaxLife Music, who provides the music and other content. Contact details are in section 17.

• You must be at least 13 years old, or at least 16 if you live in the European Economic Area (EEA) or the UK.
• If you are under the age of majority where you live, a parent or guardian must agree to these Terms for you.
• You must not be barred from using the Service under the laws that apply to you.

• Give accurate information and keep it up to date.
• Keep your password private. You are responsible for what happens under your account. Tell us right away at Support@iPerformApp.com if you think someone else has used it.
• One person per account. Do not share, sell or transfer your account or membership.
• You can delete your account at any time: in the app (Settings > Delete Account), on the website (Settings), or at https://maxlifemusic.com/delete-account. See the Privacy Policy for what happens to your data.

• What you get. A membership gives you access to the members-only music, videos, live streams and fan club posts in MaxLife Music for the length of the pass you buy (1 month or 12 months, as shown before you pay). The content available can change over time.
• One-time passes, no automatic renewal. Every membership is a one-time purchase for a fixed period. It does not renew automatically and you will not be charged again. When it ends, you can buy a new pass if you want to continue.
• Buying in the app. In the iPhone app you pay through the Apple App Store; in the Android app through Google Play. The store charges your Apple or Google account, and its terms and refund policy apply. To ask for a refund, use Apple's or Google's refund process.
• Buying on the website. On https://maxlifemusic.com you pay once through PayPal (which may offer Apple Pay or Google Pay). PayPal's terms apply to the payment. Website purchases are not refundable, including partial refunds for unused time, except where the law requires a refund.
• One membership, everywhere. A membership bought in one place works when you sign in to the same account in the app or on the website.
• Prices and taxes. Prices are shown before you pay and may include or add taxes depending on where you live. Prices can change, but a change never affects a pass you already bought.
• EU and UK buyers. Your membership starts as soon as you buy it. By buying, you ask for immediate access and accept that you lose your 14-day right to cancel once access has started.
• No partial refunds. Because nothing renews, there is nothing to cancel: your pass simply ends at the end of its period. We do not give refunds or credits for unused time, except where the law requires.
• Deleting your account does not refund a pass. If you delete your account while a pass is active, access ends immediately and the rest of the pass is lost. A pass bought in the App Store or Google Play can be refunded only by Apple or Google, under their own refund policies.

• All content in the Service (music, videos, live streams, images, text, logos and software) belongs to MaxLife Music, to us or to our licensors, and is protected by copyright and other laws.
• We give you a personal, limited, non-exclusive, non-transferable, revocable license to stream and view that content through the Service, for your own non-commercial use, while your account (and, for members-only content, your membership) is active.
• Downloads are for offline playing inside the app only. They must stay inside the app, and you may play them only while your membership is active. They may be removed when your membership ends or when you sign out or delete your account.
• You must not copy, record, download outside the app, rebroadcast, sell, publicly perform or share any content, or help anyone else do so.
• You must not get around our security, copy protection or access controls; scrape or automatically collect data; reverse engineer the apps (except as the law allows); overload or disrupt the Service; or use another person's account.

MaxLife Music has community features: the Fan Club, video comments and live chat. We have zero tolerance for objectionable content and abusive users. You must accept these Terms before you can post.

Do not post or send:

• content that is illegal, or that promotes illegal activity or self-harm;
• harassment, bullying, threats or intimidation;
• hate speech, or attacks on people because of race, ethnicity, national origin, religion, disability, sex, gender, sexual orientation, age or similar characteristics;
• sexually explicit or pornographic content, or any content that sexualizes or endangers children;
• graphic violence or gore;
• spam, scams, phishing, advertising or links to malware;
• content that impersonates someone, or private information about someone else (their address, phone number, photos and so on);
• content you do not have the rights to share, such as someone else's music, videos or photos;
• false or misleading content intended to deceive.

Tools to keep the community safe:

• Report: use Report on any post, comment or user to flag content or behavior that breaks these rules.
• Block: block any user so you no longer see their posts or interactions.
• Moderation: we and MaxLife Music (or people they authorize) may review, filter, hide or remove any content, before or after it appears.

What we do: we review reports and, within 24 hours, remove content that breaks these rules and remove the user who posted it from the community, or close their account. We may act without warning. Serious cases, such as threats or any content that endangers children, may be reported to the authorities.

• You keep ownership of what you post.
• You give us and MaxLife Music a worldwide, non-exclusive, royalty-free license to host, store, copy, display and share your posts within the Service, and to adapt them only as needed to run it (for example, to resize your profile photo). This license ends when your content is deleted, except for copies kept in backups for a short time (see the Privacy Policy).
• You are responsible for what you post and confirm you have the right to post it.
• If you send us ideas or feedback, we may use them freely without paying you.

If you believe something in the Service infringes your copyright, email Support@iPerformApp.com with: your name and contact details; the work you own; where the infringing material is in the Service; a statement that you believe in good faith the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you own or may act for the owner of the rights; and your physical or electronic signature. If your content was removed and you believe it was a mistake, you can send a counter-notice with the same details. We close the accounts of repeat infringers.

The Service uses services from other companies, such as Apple, Google and PayPal (for sign-in and payment). Their own terms apply when you use them. You must also follow the terms of any other agreement that applies to how you use the Service, for example your mobile carrier or internet provider agreement. We are not responsible for third-party websites or services that the Service links to.

If you got the app from the Apple App Store, these extra terms apply. If they conflict with anything else in these Terms, these terms win for the iPhone app.

1. 1.Acknowledgement. These Terms are between you and iPerform LLC only, not with Apple. iPerform LLC, not Apple, is solely responsible for the app and its content.
2. 2.Scope of license. Your license to the app is a non-transferable license to use it on Apple-branded products that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may also be accessed and used by other accounts associated with you through Family Sharing, volume purchasing or Legacy Contacts.
3. 3.Maintenance and support. iPerform LLC is solely responsible for maintenance and support of the app, as set out in these Terms or as required by law. Apple has no obligation at all to provide maintenance or support for the app.
4. 4.Warranty. iPerform LLC is solely responsible for any product warranties, express or implied by law, that are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are iPerform LLC's sole responsibility.
5. 5.Product claims. iPerform LLC, not Apple, is responsible for addressing any claims by you or a third party about the app or your possession or use of it, including (i) product liability claims; (ii) claims that the app fails to meet a legal or regulatory requirement; and (iii) claims under consumer protection, privacy or similar laws. These Terms do not limit iPerform LLC's liability to you beyond what the law allows.
6. 6.Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, iPerform LLC, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
7. 7.Legal compliance. You confirm that (i) you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. 8.Developer name and address. Questions, complaints or claims about the app go to: iPerform LLC, 1541 Ocean Ave., Suite 200, Santa Monica, CA 90401, USA; phone +1 (310) 744-1150; email Support@iPerformApp.com.
9. 9.Third-party terms. You must comply with any third-party terms that apply when you use the app, such as your wireless data service agreement.
10. 10.Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

If you got the app from Google Play, the Google Play Terms of Service also apply to your download and to purchases in the app. These Terms are between you and iPerform LLC, not Google. Google is not responsible for the app or its content. Google Play's refund policies apply to purchases made through Google Play.

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service, or any particular content or live stream, will always be available, uninterrupted or error-free. Nothing in these Terms removes rights you have under consumer laws that cannot be excluded.

To the fullest extent the law allows: (a) we, App Factory, Inc and MaxLife Music are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill; and (b) our total liability for any claim about the Service is limited to the greater of what you paid us in the 12 months before the claim or US$100. Some places do not allow these limits, so they may not apply to you.

You agree to cover our reasonable losses and costs (including legal fees) caused by your breaking these Terms or the law, or by content you post, to the extent the law allows.

• Talk to us first. Before starting any claim, email Support@iPerformApp.com and give us 30 days to try to resolve it.
• Governing law. These Terms are governed by the laws of the State of California and U.S. federal law, without regard to conflict-of-law rules.
• Courts. Any dispute about the Service or these Terms will be decided by the state and federal courts in Los Angeles County, California, and you and we agree to their jurisdiction. Either side may use small claims court for a claim that qualifies.
• If you live in the EU, the UK or another country with mandatory consumer laws, you keep the protection of those laws, and you may bring a claim in the courts where you live.

You may stop using the Service and delete your account at any time. We may suspend or close your account, or remove content, if you break these Terms (including the Community Guidelines), if the law requires it, or to protect other members or the Service. If we close your account for breaking these Terms, you do not get a refund for any remaining membership time, except where the law requires. Sections 5 (content restrictions), 7, 8, 12, 13, 14 and 16 continue after your account ends.

• We may update these Terms. We will change the effective date and, for important changes, tell you in the app or by email before they take effect. If you keep using the Service after that, the new Terms apply.
• These Terms, the Community Guidelines and the Privacy Policy are the whole agreement between you and us about the Service.
• If any part is found unenforceable, the rest still applies. If we do not enforce a right, we have not waived it.
• You may not transfer these Terms. We may transfer them to App Factory, Inc or another company in its group, or to a buyer of the Service.
• We are not responsible for delays or failures caused by events outside our reasonable control.