Terms of Service
Effective Date: April 7, 2015
- This Agreement sets out the legally binding terms between you and musx, Inc. (“musx”). This Agreement applies to all Users of the Service, including users who listen to or share audio content and or its associated metadata, information, and other materials or services on the Site. This Agreement applies to all Users regardless of if they are using the Service anonymously or as a registered user. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the “Agreement”). musx may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site, or send them to you via e-mail.
- IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
- musx provides users (“Users”) of the web pages located at musx.com, their associated subdomains, and their mobile application (the “Site”) with a platform for:
- the discovery and promotion of music, artists, venues and music or related event
- the sharing of information and comments about music, communication with other Users, and the posting, syndication of, and linking to User Content (defined below)
- The ability to organize (save) the music videos found on the site into personalized playlists.
- social networking and other features, functions, or services on the Site (collectively, the “Service”)
- The Service may include the cataloging, indexing, sharing and streaming of Content legally provided by YouTube and SoundCloud®
- musx may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. musx may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
- In addition, when using particular services, you and musx shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, musx may offer other services from time to time that are governed by different terms of service.
- Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new services, shall be subject to this Agreement.
Limited License to Material
- musx is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service, including all associated software, logos, text, and graphics, but excluding User Content (defined below) and content legally provided by the YouTube and SoundCloud® APIs. You agree not to display or use any musx’s intellectual property without musx’s prior permission.
- In connection with the creation, hosting, maintenance and/or display of the Site, musx uses certain proprietary materials or other materials licensed to musx, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, trademarks, service marks, trade names (collectively, “Materials”) that are protected by copyright, patent and trademark laws and other U.S. and international laws and treaties. musx provides all Materials as a service to its visitors and users and such Materials may be used solely for your informational purposes. No right, title or interest in the Materials is conveyed to you, and you must retain all copyright and other proprietary notices contained on the Materials should you use the Materials in any way. Your limited license to use the Materials for your informational purposes is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Site or any of its Materials without our prior written permission; (b) you may not access or use the Site for any commercial purpose without our prior written permission; and (c) you will not permit any copying of the Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is strictly prohibited. musx may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by musx.
You shall not post, transmit, redistribute, upload or promote any materials on the Site that:
- violate or infringe in any way upon the rights of others, including without limitation copyrights, trademarks and other proprietary rights of another, stolen, counterfeited, fraudulent or otherwise illegal items and/or services;
- contain corrupted files, viruses, or any other similar software files, whether or not the use of which is intended to damage the operation of another’s computer;
- are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
- contain chain letters or pyramid schemes;
- contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities (other than offering of services through the network in accordance with its terms);
- impersonate any person, business or entity, including our company and our employees and agents;
- encourage conduct that would constitute a criminal offense;
- give rise to civil liability or otherwise violate any law; or undertake any conduct that, in the judgment of musx, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services.
- The Site permits the submission of communications and content (such as text, photos and music) by you and other users (“User Submissions”) and the hosting, sharing, displaying, distributing and/or publishing of such User Submissions. You understand that such User Submissions may be accessed and viewed by others including the public in general and whether or not such User Submissions are published, musx does not guarantee any confidentiality with respect to any User Submissions. By submitting a User Submission, you hereby grant musx, its affiliates, distributors, successors and assigns, free of charge, an irrevocable, perpetual, non-exclusive royalty free world-wide license and the right to use, copy, display, perform, distribute, adapt, modify and promote such User Submissions in any medium in connection with the operation and promotion of the Website, and grant and authorize sub-licenses of the foregoing.
- You shall be solely responsible for your own User Submissions and the consequences of distributing or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, rights (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by the User Submissions), consents, and permissions to use and authorize musx to use such User Submissions in accordance with the license granted to musx above and as contemplated by the Site and these Terms of Service; and (b) you have the written consent, release and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service. For clarity, musx does not claim ownership of your User Submissions.
- musx does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and musx will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. musx reserves the right to remove User Submissions without prior notice. musx may also terminate a user’s access to its Website if infringing activity is discovered. musx also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material or excessive length. musx may remove such User Submissions and/or terminate your access to the Site for submitting such material in violation of these Terms of Service at any time, without prior notice and in its sole discretion.
- You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that musx is not responsible for and disclaims all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against musx with respect thereto.
- Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by musx, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MUSX DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND IT NEITHER ADOPTS NOR ENDORSES NOR IS IT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN MUSX. UNDER NO CIRCUMSTANCES IS MUSX RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO USERS.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information page.
If you would prefer to send us your own written notification, please make sure that you include the following information:
- a statement that you have identified Content on musx that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the URL(s) and/or screenshot where such Content can be located;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your musx user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to firstname.lastname@example.org and/or by mail to the following address:musx, Inc. Attn: Copyright Agent 2101 Arlington Blvd, #525 Charlottesville, VA 22903
If you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), your notice should be sent to musx’s designated copyright agent by email to email@example.com and/or by mail to the following address:musx, Inc. Attn: Copyright Agent 2101 Arlington Blvd, #525 Charlottesville, VA 22903
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
If you have a dispute with one or more users, you release musx (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or your transactions with users, including but not limited to fans, artists or venues. musx will not, and has no obligation to, participate in any manner or resolve a dispute between or among users of the Site.
Disclaimer of Warranty
The Site and related services are provided to visitors and users “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FURTHER, MUSX DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. MUSX DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. MUSX ALSO DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. YOU HEREBY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL MUSX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE SITE OR ANY OTHER RELATED SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOST PROFITS OR REVENUES, PERSONAL INJURY AND/OR DAMAGE TO PROPERTY, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION VIEWED, EVEN IF MUSX IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
musx’s disclosure and use of personal information you provide when using the Site or related services are described in our Privacy Notice.
Consent to Electronic Delivery of Notices
By agreeing to these Terms of Service, you consent to receive all communications, including notices, agreements, legally-required disclosures or other information in connection with these Terms of Service or your use of the Site and related services (collectively, “Notices”) electronically from musx. You agree that musx may send you electronic Notices by (a) e-mail to an e-mail address you provide to musx for Notices, (b) by posting the Notices on a main page of the Site or other webpage designated by musx for this purpose, and/or (c) by pushing a notification directly to mobile devices through the mobile application or through text message services. You must check your designated e-mail address regularly for Notices from musx. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. The delivery of any Notice from musx is effective when sent by musx, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by discontinuing your use of the Site.
These Terms of Service shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state courts located in New Castle County and federal courts located in Wilmington, Delaware for any action, suit or proceeding arising out of or relating to these Terms of Service or your use of the Site.
musx or its users may offer links to Sites operated by third parties. You acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by musx of the content, advertising or business practices (including the privacy policies) of such third-party websites. musx does not make any representations regarding the content, truthfulness or accuracy of any content or materials on such third-party websites. musx does not control and is not responsible or liable for the content, advertising, products, or other materials on or available from such third party sites. Your access to such sites is at your own risk and musx disclaims all liability arising out of or in any way connected to your access of such third party sites.
The Site is controlled and offered by musx from its facilities in the United States. musx makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless musx, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by musx without restriction.
Changes to Site and Termination of Accounts
musx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, services and features available on the Site (or any part thereof) with or without notice. You agree that musx shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or services and features of the Site (or any part thereof).
You may cancel your registration on the Site at any time by sending an email to firstname.lastname@example.org that includes your name and the email address associated with your account. musx may in its sole discretion terminate your account and your participation on the Site at any time for violation of these Terms of Service. You acknowledge and agree that upon cancellation or termination musx is under no obligation to continue to publish your User Submissions and we may immediately delete your profile and other information and bar current or future use of the Site. musx’s proprietary rights, indemnities, releases, disclaimer of warranties, limitations of liability and jurisdiction provisions shall survive any termination of your account.
Changes to Terms of Service
musx reserves the right, from time to time, to change these Terms of Service in our sole and absolute discretion. The most current version of these Terms of Service can be reviewed by clicking on the “Terms of Service” located at the bottom of the pages of the Site. The most current version of the Terms of Service will supersede all previous versions. We will provide at least thirty (30) days’ notice before any material changes take effect. If you disagree with such changes simply discontinue your use of the Site and/or applicable services before the changes take effect. Your use of the Site and/or continued use of our service after changes are made signifies your agreement to such changes.