Muzime.com Terms of Service
These Terms of Service constitute the agreement between you and Muzime Inc. (herein
Muzime, we, and us), a Florida corporation. By visiting and using our website ("the Website"),
you agree to these Terms. You are not authorized to access the website or stream or download
are part of these Terms of Service and are binding on you.
1. USER REQUIREMENTS:
You represent and warrant to Muzime that you are not less than thirteen years of age. If you are under 13 years of age, you are not permitted to use the Website. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR OTHER USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, SOFTWARE, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.
2. YOUR ACCOUNT:
You can access the Website features only by creating a user account. Only you are permitted to use this account, and you are solely responsible for all uses of your password and for maintaining its confidentiality; we have no obligations with regard thereto. You are not permitted to assign, transfer, or sublicense your rights as a user.
3. SERVICES AND PAYMENT:
At this time, we offer streaming and downloading of recorded music to registered users of the Website as well as access to various related content. To download an audio recording (in these Terms only, called "a Song"), you must first pay for it with tokens. You purchase these tokens on the Website through your PayPal account, and they are the currency for all user transactions on the Website. Before purchasing a Song, you will be able to hear it once in full and in small portion thereafter. Purchases are nonrefundable. If you have any questions or concerns, contact us at: email@example.com
4. YOUR RIGHTS:
Provided you comply with these Terms, we grant you a non-exclusive, non-transferable, non- sublicensable, limited right to access, use, and display the Website and its materials and to stream and download the Songs available on the Website. As to any Songs you download, you are authorized to make copies to the extent permitted by law. Any material accompanying Songs you purchase, such as artist packaging material, will be available through your user account.
5. YOUR DUTIES:
You agree to notify us promptly in the case of any suspected or known unauthorized use of your account or any breach of security. In the case of a security breach of which you are aware or should be aware, you will remain liable for any unauthorized use of your account until you have given us written notice so we may disable the account. You agree not to interrupt, or attempt to interrupt, operation of the Website in any way or breach or attempt to breach the security of the site. You shall not suggest or encourage illegal activity.
You warrant and represent that you will post only material that you alone create, to which you own the copyright, or properly identified cover songs (songs you record that are not wholly written, owned, and controlled by you). For all such cover songs that are not in the public domain, you must have permission to distribute that recordings. Muzime has arranged to obtain this permission for a large catalogue of material. To determine if your song is available for licensing through Muzime, provide the information requested when you designate a work a Cover Song.
Muzime may remove material posted without permission of the copyright holder if we learn of or suspect such unauthorized posting. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any purpose without our express written permission other than exercise your legal rights according to these Terms.
You shall not use any website material, data, or content for any purpose not expressly permitted in these Terms. This prohibition includes, without limitation, the systematic retrieval of data or other material from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory. You shall not use any Muzime trademarks, service marks, names, logos, or other identifiers.
6. DISCLAIMER OF CONTENT:
We make no representations regarding the creative, sonic, or technological quality of the Songs you stream or download or of the other Website content. Likewise, we cannot vouch for the accuracy, quality, or wisdom of user postings and do not claim to read them all. You must use your own judgement to evaluate and to determine the proprietary and usefulness of what you purchase or read on the Website. Some of the ratings, reviews, and other opinions on the Website regarding artists and their music come from third parties and Website users, and we are not responsible for their content or any response to their content. You acknowledge that your reliance, if any, upon any advice, opinion, statement, or other information displayed or distributed through the Website, whether originating with us or another party, is at your sole risk.
7. INTELLECTUAL PROPERTY:
Except if expressly designated otherwise by us, all materials on the website, including, without limitation, recordings, text, images, software, audio and video clips, databases, e-mails, uploaded lyrics, discographies, biographies, news articles, research contents, and posted comments and reviews (collectively, the "Content") are owned or controlled by Muzime or its licensors, which retain all right, title, and interest therein and thereto. The Website and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
8. INTERACTIVE ACTIVITIES AND MORE ON USER-GENERATED MATERIAL:
Muzime may make available to users of the Website e-mail notices, newsletters, chat rooms, message boards, bulletin board services, blogspots, or other interactive communication facilities by means of the Website, or links to any such things. Such facilities are collectively referred to as the "Forums" and your contributions, transmissions, and materials, including User Provided Material, are collectively called "Communications". You are solely responsible for the content of your Communications. You shall not, and shall not permit others through your account, to upload, distribute, display, transmit, or otherwise publish in or through the Website any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services other than that otherwise authorized by Muzime;
(ii) constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(iii) constitutes unsolicited email of any sort to other users other than for networking over common shared musical interests consistent with the purposes of the Website;
(iv) is obscene, indecent, pornographic, profane, sexually explicit, insulting, or abusive;
(v) constitutes or contains false or misleading indications of origin or statements of fact;
(vi) slanders, libels, defames, or otherwise injures any person or entity;
(vii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party or purports to impersonate another party
(viii) violates any applicable laws, rules, or regulations; or
(ix) contains software viruses or any other code which may interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or may damage or obtain unauthorized access to any data or other information of any third party.
Muzime cannot and does not review all Communications made on or through the Website. However, Muzime reserves the right, but has no obligation, to monitor the Forums and edit, modify, or delete any Communication, without notice, that we consider in our sole discretion to violate these Terms of Service or diminish the value of this online community. Muzime and its Affiliates do not endorse or accept any Communications as its own or as representative of its views.
Except for Songs and related artwork you upload under an Artist Agreement with Muzime (if you have one), by posting, transmitting, or otherwise providing Communications or other material on or to the Website (collectively called "User-Provided Material" or "UPM"), you grant Muzime a non-exclusive, perpetual, worldwide, royalty-free, unrestricted license to use, copy, license, distribute, display, reproduce, publish, perform, transmit, modify, edit, and otherwise exploit such UPM in all media now known or later developed under, and you waive all proprietary, moral, or similar rights thereto under any jurisdiction that would interfere with Muzimes use. We may delete, move, or rearrange the Website and its material, including UGM.
9. ACKNOWLEDGMENT OF PUBLIC NATURE OF UPM:
You acknowledge and agree that all UPM is deemed public; that you have no expectation of privacy in any UPM; and that no confidential, fiduciary, contractually implied or other relationship is created between you and Muzime due to any transmission you make to or through the Website.
10. THIRD PARTY LINKS:
The Website may contain links and pointers to other websites. These links do not constitute an endorsement by Muzime of any such sites or their content. Muzime does not control, and is not responsible for, the availability, accuracy, or currentness of such third-party sites or any information, content, products, or services accessible thereon or therefrom such third-party sites.
11. RESTRICTED ACCESS/TERMINATION:
In addition to any other rights of the parties, either you or Muzime may terminate your access to the Website at any time. Muzime also reserves the right to restrict, suspend, or terminate your access to the Website in whole or in part, in our sole discretion and without notice or liability. You acknowledge that Muzime shall not be liable to you or any third party for any termination of your access to the Website. WHILE WE WILL USE REASONABLE COMMERCIAL EFFORTS TO HAVE CONSISTENT "UP TIME", ACCESS TO THE WEBSITE MAY BE LIMITED FROM TIME TO TIME BY TECHNOLOGICAL FAILURES, THIRD PARTY INTERFERENCE, ACTS OF GOD, OR OTHER INTERRUPTIONS. YOU ARE SOLELY RESPONSIBLE FOR DOWNLOADING YOUR PURCHASES TO A SECURE LOCATION. WE HAVE NO DUTY TO KEEP SUCH MATERIAL, NOR YOUR ACCOUNT, AVAILABLE FOR ANY PARTICULAR DURATION.
12. MODIFICATIONS TO THESE TERMS:
Muzime may revise these Terms on occasion for various purposes, including without limitation to comply with changes in the law, to accommodate industry trends and standards, to alter website collection and use methods, and to update website features and technology. It is your duty to revisit these Terms from time to time to stay current. If we substantially alter the Terms, we will announce these changes on this page at least 30 days before we implement them, after which these new terms will govern your use of the Website. Your continued use of the Website following any changes to these Terms shall be conclusively deemed an acceptance of all such changes. Your only right with respect to any dissatisfaction with any such changes is to terminate your account.
You hereby agree to indemnify, defend, and hold harmless Muzime and its officers, directors, employees, agents, contractors, affiliates, representatives, attorneys, servants, distributors, assignees, managers, members, and designees (collectively hereafter the "Muzime Parties") from and against any and all liability and costs incurred by Muzime in connection with any claim arising out of any breach or alleged breach of the Terms, including without limitation for attorney fees. You shall cooperate as fully as reasonably required in the defense of any claim. Muzime reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Muzime.
14. LIMITATIONS AND DISCLAIMERS:
IN NO EVENT SHALL MUZIME OR ANY OF THE MUZIME PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS, MULTIPLES OF PROFITS, LOST DATA, BUSINESS INTERRUPTION, AND DIMINUTION OF VALUE), ARISING OUT OF OR RELATING TO THE USE, MISUSE, OR DYSFUNCTION OF THE WEBSITE, THE SOFTWARE, ITS DOCUMENTATION, ITS CONTENTS, OR THE INTERNET, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE, PERSONAL INJURY, & DEATH) OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE AND OUR DESIGNEES SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, VERBAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE IS PROVIDED ON AN 'AS IS' BASIS, AND WE AND OUR DESIGNEES HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS OR OTHERWISE IT. MUZIME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THAT FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF A COMPETENT AUTHORITY DEEMS ANY WAIVER OF WARRANTY HEREIN UNWAIVABLE AS A MATTER OF LAW, THIS PROVISION SHALL BE CONSTRUED TO LIMIT TO $1,000.00 ANY RESULTING ACTUAL DAMAGES YOU INCUR UNDER SUCH UNWAIVED WARRANTY OR CLAIM, AND YOU HEREBY RELEASE MUZIME AND ITS RELATED PARTIES DESCRIBED ABOVE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
15. LEGAL MATTERS
. We are based in Tampa, Florida. We make no claims the Website, its software, or its content is appropriate outside the United States, and you alone are responsible for ensuring its use complies with all regulatory, governmental, union, industry, and any other governing requirements of your country. Access to the Website may be unlawful in certain locations or by certain persons. By using the Website, you accept sole liability for complying with the laws of your own governing bodies. Jurisdiction and venue for any dispute related to the Website vests exclusively with the courts of Hillsborough County, Florida. You expressly waive any objection to the exercise by those courts of personal jurisdiction over you in connection with any such dispute. This agreement, its interpretation, and its validity are governed by Florida law. You must bring any claim against us within one (1) year of the date after the incident establishing a right to such claim occurs. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys fees. Any actual damages to which you are entitled shall be limited to a maximum of $1000.00. If any provision hereof is deemed unenforceable by any competent authority, such provision shall be deemed excised and the remaining terms of this agreement shall enforced as though the offending portion had not been contained herein. Failure by Muzime to enforce any provision of these Terms shall not be deemed a waiver of any right. Muzime, Inc. will cooperate with law enforcement officials as appropriate.
16. NOTICE OF VIOLATIONS/TAKEDOWN NOTICES:
If you see anything that you believe violates these Terms of Service, please notify us at firstname.lastname@example.org. If you believe any material posted by users on the Website constitutes copyright infringement of a work you own or control, provide all of the following written information to our designated agent Joel Fenelon at 518 N Tampa St. Suite 280 Tampa, FL 33602, (813) 200-7049, email@example.com
a. Identification of the copyrighted work you claim is being infringed
b. Identification of the material at Muzime you claim is infringing that work, including information reasonably sufficient to allow us to locate it on the Website
c. Your contact information, preferably your address, your telephone number, and your email address.
d. Your statement that you have a good faith belief that the use of the material you complain of is unauthorized by its owner, agent, or otherwise by law.
e. Your statement that all information you provide is accurate and that under penalty of perjury you either are the owner of the allegedly infringed work or are authorized to act on behalf of such owner and
f. Your physical or electronic signature
YOU MUST INDICATE YOUR ASSENT TO THE TERMS OF THIS AGREEMENT BY CHECKING THE 'I ACCEPT PROVISION. YOU ARE RESPONSIBLE FOR THE USE OF THE WEBSITE ACCORDING TO THE TERMS ABOVE. IF YOU HAVE NOT READ THESE TERMS OR DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PROCEED.