Muzeit™ App User Agreement
By downloading and using the Muzeit™ app (referred to in this user agreement as “Muzeit™ App”) the user (“Our User” and, in general, “Users”) agrees to the terms of this user agreement and accepts a non-exclusive, non-transferable license from Muzeit™ Corp (“Muzeit Corp”) . This user agreement is available for Our User to readbefore accessing or using the Muzeit™ App and at any time as it is updated at www.Muzeit.com (“Our Site”). All services provided through the Muzeit™ App and Our Site are referred to here as “the Muzeit™ Services”.
Anyone who accesses or uses the Muzeit™ App must have indicated their agreement to this user agreement during downloading or installation means and is therefore bound by the terms and conditions of this user agreement.
The Muzeit™ App is licensed, not sold, to Our User. Muzeit™ Corp reserves all rights not expressly granted to Our User under the terms and conditions of the Muzeit™ App user agreement.
1. Our User’s Account for Muzeit™ Services:
2. Privacy and the Muzeit™ Music Library:
3. Minimum Age:
4. Intellectual Property Rights:
All right, title, and interest in and to the Muzeit™ App and the Muzeit Services (excluding content provided by users) are and will remain the exclusive property of Muzeit™ Corp and its third-party licensors. The MuzeitApp and Muzeit™ S ervices are protected by copyright, trademark, trade dress, patent, and other laws of the United States. The content, information, data, designs, code, and materials associated with the Muzeit App and Muzeit Service (“Content”) are protected by intellectual property and other laws. Our User must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. Nothing in this user agreement gives Our User a right to use Muzeit Corpname or any of Muzeit Corp trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions Our User may provide regarding the Muzeit App and the MuzeitService is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to Our User.
5. Our User’s License and the Scope of the License:
When Our User accepts these terms and conditions, Muzeit Corp grants to Our User a limited, non-exclusive non-transferable license to use the Muzeit™ App on any iPhone, iPad or iPod touch that Our User owns or controls subject to the Usage Rules set forth in Section 9.b. of the App Store license agreement and Conditions (the “Usage Rules”). The Muzeit App license does not allow Our User to use the Muzeit App on any iPod touch, iPad or iPhone that Our User do not own or control.
Our User may not:
Any attempt to do any of the above is a violation of the rights of Muzeit Corp and its licensors. If Our Userbreaches any of the above the person(s) may be subject to prosecution and damages.
Our User may access and use the Muzeit™ App only for Our User’s own personal, non-commercial use.
We reserve all other rights to the Muzeit™ App and Content, and otherwise Our User may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Muzeit App or Content without our permission.
Muzeit™ Corp’s logo design is a trademark of Muzeit™ Corp . Our User may only use Muzeit Corp logo or trademark with the permission of Muzeit Corp, and only in reference to Muzeit Corp. Mash-ups or combinations of Muzeit Corp logo or name with other logos or names are absolutely prohibited.
Muzeit™ Corp does not represent or warrant that the Muzeit™ App will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Muzeit™ App will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Muzeit App at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other materials made available as a part of the Muzeit™ App.
If Our User wishes to purchase any Music they are directed from the Muzeit™ App to the iTunes purchase form. The Muzeit™ App does not take or receive any of Our User’s payment card details. Our User is responsible for ensuring the continued security of access to their iTunes account.
7. User Generated Content - Management; License Grant; Representations and Warranties.
To enable the operation of the Muzeit™ App and Muzeit™ Services, Our User hereby grants to Muzeit™ Corp a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute Our User’s Muzeit™ Library , under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) to Our User’s Contacts and, for service improvement and Muzeit™’s and Muzeit™’s partners’ analytics, in anonymous form.
Muzeit™ Corp may now or in the future permit Our User and other Users to post information, text, videos, music, graphics, notes, questions, comments, ratings, reviews, images, or other communications (collectively, “User Content”) to Muzeit™. Our User understands that whether or not such User Content is published, Muzeit™ Corp does not guarantee any confidentiality with respect to any submissions. In addition, by submitting or distributing User Content through Muzeit™, Our User hereby grant to each user of Muzeit™ a non-exclusive license to access and use Our User’s User Content. Muzeit™ Corp has no obligation to monitor User Content or other materials. Our User are responsible for evaluating all User Content including for accuracy, completeness, and reliability, and Our User bears all risk of using such User Content. Muzeit™ Corp will not be responsible for any damages that Our User may incur as a result of the submission or use of any User Content.
Muzeit™ Corp may, but is not obligated to, monitor or remove any materials where Users communicate solely with each other, including but not limited to chat rooms, live chats, bulletin boards, or other user forums, and the content of any such communications. Our User assume the risk of such communications, and Muzeit™ Corp has no liability related to the content or use of any such communications.
The user agreement and license to use the Muzeit™ App is effective until terminated by Our User or Muzeit™ Corp . Our User’s rights under their user agreement and license will terminate automatically without notice from Muzeit™ Corp if (i) Our User fails to comply with any term(s) of their user agreement and license; or (2) Our User, or the party through which Our User contracted to use MuzeitApp and Muzeit™ Servies , is in default under any separate agreement with Muzeit™ Corp , including, but not limited to, payment of service fees. Upon termination of the license, Our User shall cease all use of the Muzeit™ App and Muzeit™ Services.
9. Objectionable Material:
Our User understands that by using the Muzeit™ App and Muzeit™ Services , Our User may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, Our User agree to use the Muzeit™ App and Muzeit™ Services at Our User’s sole risk and that Muzeit™ Corp shall not have any liability to Our User for content that may be found to be offensive, indecent, or objectionable.
10. NO WARRANTY:
OUR USER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE MUZEIT™ APP AND MUZEIT™ SERVICES IS AT OUR USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH OUR USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUZEIT™ APP AND MUZEIT™ SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THE MUZEIT™ APP AND MUZEIT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MUZEIT™ CORP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MUZEIT™ APP AND MUZEIT SERVICES , EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MUZEIT CORP DOES NOT WARRANT AGAINST INTERFERENCE WITH OUR USER’S ENJOYMENT OF THE MUZEIT™ APP AND MUZEIT™ SERVICES , THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MUZEIT APP AND MUZEIT™ SERVICES WILL MEET OUR USER’SREQUIREMENTS, THAT THE OPERATION OF THE MUZEIT™ APP AND MUZEIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MUZEIT™ APP AND MUZEIT™ SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MUZEIT™ CORP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MUZEIT™ APP AND MUZEIT™ SERVICES PROVE DEFECTIVE, OUR USERASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. OUR USER’S MANDATORY RIGHTS UNDER APPLICABLE LOCAL LAWSSHALL NOT BE AFFECTED AND WHERE SUCHLOCAL LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS, THE MANDATORY MINIMUM WARRANTY RIGHTS OF A CONSUMER OF SOFTWARE SERVICES IN THOSE LOCAL LAWS SHALL APPPLY.
11. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MUZEIT CORP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO OUR USER’S USE OR INABILITY TO USE THE MUZEIT APP AND MUZEIT SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORTINCLUDING WITHOUT LIMITATION NEGLIGENCEOR OTHERWISE) AND EVEN IF MUZEIT CORPHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE OUR USER’S LOCAL LAWS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION SHALL NOT APPLY.
IN NO EVENT SHALL MUZEIT CORP’S TOTAL LIABILITY TO OUR USER FOR ALL LOSS AND DAMAGES (EXCEPTING WHERE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE US DOLLARS (US $5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Export Restrictions.
Our User may not use or otherwise export or re-export the Muzeit App except as authorized by United States law and the laws of the jurisdiction in which the MuzeitApp was obtained.
13. Miscellaneous license provisions
A. Waiver and Severability: The failure of Muzeit™ Corp to enforce any right or provision of this user agreementwill not be deemed a waiver of such right or provision. In the event that any provision of this user agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this user agreement will remain in full force and effect.
B. Controlling Law and Jurisdiction: This user agreement and any legal claim or action related thereto will be governed as follows: for claims arising in the United States, by the laws of the State of Washington; for claims arising in any other state, the laws of England and Wales; in each case without regard to or application of its conflict of law provisions or Our User’s state or country of residence. Any claims, legal proceedings, or litigation arising in connection with the Muzeit App and the Muzeit Services made by or on behalf of Users resident in the United States will be brought solely in the federal or state courts located in King County, Washington, United States, and for all other such claims, legal proceedings, or litigation in the Courts of England and Wales, and Our User consents to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement: This user agreement is the entire and exclusive agreement between Muzeit™ Corp and Our User regarding the Muzeit™ App and the Muzeit™ Services(excluding any services for which Our User has a separate agreement with Muzeit™ Corp that is explicitly in addition or in place of this user agreement), and this user agreement supersedes and replaces any prior agreements between Muzeit Corp and Our User regarding the Muzeit™ App and Muzeit™ Services. No other person or company will be third party beneficiaries to this user agreement.
D. Assignment: This user agreement and any rights and licenses granted hereunder, may not be transferred or assigned by Our User, but may be assigned by Muzeit™ Corp without restriction. Any assignment attempted to be made by Our User in violation of this user agreementshall be null and void.
E. Indemnification: Our User hereby agrees to indemnify, defend, and hold harmless Muzeit™ Corp , its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Muzeit™ Corp Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Muzeit™ App and Muzeit Services, any violation of this user agreement, or any breach of the representations, warranties, and covenants made herein. Muzeit™ Corp reserves the right, at Our User’s expense, to assume the exclusive defense and control of any matter for which Our User are required to indemnify Muzeit Corp, and Our User agree to cooperate with Muzeit Corp’s defense of these claims. Muzeit Corpwill use reasonable efforts to notify Our User of any such claim, action, or proceeding upon becoming aware of it.
F. Modifications: We may revise this user agreementfrom time to time, the most current version will always be at www.muzeit.com/terms . If the revision, in our sole discretion, is material we will notify Our User via an email to the email associated with Our User’s account. By continuing to access or use the Muzeit™ App and Muzeit™ Services after those revisions become effective, Our User agrees to be bound by the revised user agreement.
14. Muzeit Corp Information.
Our contact information is as follows:
64 Knightsbridge, London, SW1X 7JF
In the United States:
15. Digital Millennium Copyright Act:
It is Muzeit Corp’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to Our User. In appropriate circumstances, Muzeit Corp will also terminate Our User’s account if Our User isdetermined to be a repeat infringer. To report a copyright violation, please contact us. Our copyright agent for notice of claims of copyright infringement can be reached by directing an email to the copyright agent at firstname.lastname@example.org .
16. Apple Provisions.
Muzeit Corp and Our User acknowledge and agree that: (1) this user agreement is concluded between Muzeit Corp and Our User only, and not with Apple, and Muzeit Corp, not Apple, is solely responsible for the Muzeit App and Muzeit Services and the content thereof; (2) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Muzeit App and Muzeit Services, (3) in the event of any failure of the Muzeit App and Muzeit Services to conform to any applicable warranty, Our User may notify Apple, and Apple will refund the purchase price for the Muzeit App and Muzeit Services to Our User; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Muzeit App and Muzeit Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Muzeit Corp’s sole responsibility, (4) Muzeit Corp, not Apple, is responsible for addressing any of Our User’s claims or any third party relating to the Muzeit App and Muzeit Services or the Our User’s possession and/or use of that Muzeit, including, but not limited to: (a) product liability claims; (b) any claim that the Muzeit App and Muzeit Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, (5) Muzeit Corp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, (6) Our User represents and warrants that (a) Our User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) Our User is not listed on any U.S. Government list of prohibited or restricted parties, (7) Apple, and Apple’s subsidiaries are third party beneficiaries of this license, and that, upon Our User’s acceptance of the terms and conditions of this license, Apple will have the right (and will be deemed to have accepted the right) to enforce this user agreement and the terms of the license against Our User as a third party beneficiary.