Terms of Use
Acceptance of Terms
Accepting muuuzr’s Terms of Use as written means that you, the User, understand and agree to abide by all terms and conditions, policies and procedures, included in these Terms of Use unconditionally prior to using the Application. Terms of Use and our Privacy Policy are the legalities behind Application use, operation, modifications, functionalities, features, use of data, and all text, visuals, audio and operations contained within (herein, “Terms of Use”) and their corresponding uses by muuuzr, as well as anyone choosing to use the Application (including all registered Fans and Artists, herein referred to as “Users” or “Artists”). Alterations, modifications, or changes made to these terms are incorporated by reference into these Terms of Use and each of which may be updated by muuuzr from time to time without prior notice to its Users.
Individuals, groups, organizations or entities establishing access or membership with muuuzr acting on behalf of or as representation of another, including in a professional capacity, agree: (I) they have established and legal authorization to act as representation of the User, and (ii) both the individual(s), groups, organizations or entities, as well as the User being represented are bound to all agreements established in muuuzr’s Terms of Use contract.
Muuuzr is available to Users of the following ages:
Individual(s) or entities establishing access to the muuuzr Application on behalf of underage individuals, or individuals who have had their access suspended or permanently terminated from use of the Application is prohibited, and such actions will be addressed by muuuzr as deemed warranted or necessary.
By agreeing to our Terms of Use you are testifying that you are at or above the legal age for your region (as stated above) for forming a binding contract. This Application is approved for use in states and countries where it has been deemed lawful and permitted, use in territories without legal permission in such territories to do so or where the Application has been banned from use is without the knowledge or permission of muuuzr. In otherwise permissible territories, muuuzr has final say in people and parties allowance to use the site and may suspend or terminate any such access into the application as muuuzr deems necessary, suitable or fit.
Updates and/or Alterations of Terms of Use
Updates, changes, alterations and removals from these Terms of Use may happen periodically, at the discretion of muuuzr, who reserves the right to take such actions at any time it deems fit. This includes, without limitation, any service currently performed through the Application which may undergo change, alteration, suspension or termination to a feature, database or any included content. Impacts to current site features or operation will be provided to Application Users through the Application itself in any manner of muuuzr’s choosing. Changes to Application features, operation or abilities may be imposed at any time, without limitation, that may result in restrictions or removal of access to features or services within the Application without notice or liability.
It is the Users responsibility to check these Terms of Use periodically, for changes. Every time you use the Application you are agreeing to all terms and conditions currently documented in the Terms of Use. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Privacy and General Use of User Information
By agreeing to these Terms of Use, you acknowledge, understand, and agree that muuuzr is unable to guarantee the safety and/or privacy of any of the communication or Content submitted to or created within the Application, or for any third party site that you are able to contact using links available in the muuuzr Application. In addition, muuuzr is unable to guarantee absolute protection over utilized storage repository’s for your data or Content, or for any communication technologies or networks, or for any confidential or trade secret information.
More detailed information in regards to data/information requested, needed or used within the Application can be found in our Privacy Policy.
For General Users
You acknowledge that muuuzr has no control over Artists’ use of personal information about Users, such as your email address, country, or residence and zip/postal code (“User information”), and you further acknowledge and agree that mouser shall not be responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with the Artists’ use of such User information.
For Artist’s
Users may provide data to Artists for purposes of establishing and maintaining a professional relationship between the two entities. You agree to use this data solely for connecting with Users in matters related to Artist news, Artist music, or activities conducted or to be conducted by Artist as an artist, unless permission is granted by both parties for a personal relationship between Artist and User. This exchange may be conducted electronically or in writing. Information provided by User is not to be used in any other way, or provided to any other individual, group, organization or entity. You acknowledge and agree that You will not disclose, rent, or sell any and all User information to any third party. You further agree that any email or other communication sent to the Artist’s mailing list will comply with email marketing laws and include the ability by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so. Recipient’s must be provided a clear and easy ability to opt-out of receiving emails from you and you will not send any further emails to any such User selecting this option.
See Privacy Policy for additional detail and clarification.
Registration
All Users registering for use of the Application agree that the data they submit during registration is both truthful and accurate, and submitted data to the contrary is grounds for suspension or termination from the Application. Registrants may not use the name of another individual with the intention of impersonation, or in the efforts of using a false identification so as to shield a users true identity. Usernames or ID’s must not be representing other individuals, organizations or entities other than that of the registrant without appropriate written authorization. At the discretion of muuuzr, usernames identified as inappropriate, vulgar, obscene or offensive will be removed from the Application, and repeat offenders may have their accounts suspended or removed from use of the Application. User accounts are granted at the acceptance of all terms listed under the Terms of Use agreement, and muuuzr may limit, terminate or remove any user accounts as it deems necessary or fit. Users are not permitted to use another Users account without written authorization from the registration giving permission to do so. Any User making use of the Application agrees to, and is bound to, all terms in the Terms of Use agreement and if any terms are violated, the registered User may be suspended or terminated for violations of our Agreement. If you discover any unauthorized use of your account on our site, please notify us in writing as soon as possible and take appropriate security actions, such as changing/resetting your password.
Membership Programs
All Users must register with muuuzr to gain access to the Application. Registered Users automatically obtain free membership to the platform, which means they:
All new Users who choose to Register with muuuzr receive free Q membership for the first thirty (30) days starting the day of Application registration. After 30 days, Users can begin to pay for continued Q Membership Program privileges, or they can continue to make use of the Application with free membership entitlements. Membership fees are non-refundable for any reason. A User may choose to end paid membership at any time. Once a paid User chooses not to continue with the Q Membership Program, they will no longer be assessed any new fee’s beginning the following month once their request has been processed. Paid annual membership may be cancelled at any time but Users will not receive reimbursement for any remaining months already paid for. Members of the Q Membership Program that cancel membership may continue to use the Application but will no longer have the same abilities afforded under the paid Q Membership Program. Users may rejoin the Q Membership Program at any time.
Artists who cancel Q membership will retain their data, including uploaded songs, for a period of twelve (12) months. During these 12 months, Artist data, including audio, may be removed at any time by the Artist but may not be added or modified. Artists will still see incoming internal communication but will not be able to respond.
Free Trial Period
Users will receive a 30-day free trial, allowing them to access all features of the application without any restrictions.
In-app Purchase
The application carries in-app purchase functionality for the following features.
Promote your Profile
If an artist wants to promote their profile on the home page banner, they need to pay $25 through an in-app purchase. This will feature their profile as a banner on the home page for one week.
Showcase Fee
To participate in a showcase by uploading their song, the artist needs to pay $25. Once the payment is made, their song will be featured in the showcase, and users will be able to see it in the showcase list.
Subscription Plan
We have two subscription plans that allow users to use the premium features of the application without any restriction. Subscription plan name is ‘muuuzr Q program’
Monthly Subscription Plan: The user needs to buy a monthly subscription for $4.99 for a month. It will get renewed automatically.
Yearly Subscription Plan: The user needs to buy a yearly subscription for $49.99 for a month. It will get renewed automatically.
After purchasing the subscription users and artists can avail following functionalities:
SUBSCRIPTION FEATURE For artist
Don’t Sit on the Sidelines, Make Some Use of All We Have to Offer:
Subscription feature for users
…with Much, Much More to Come
Award Board
Each Artist has an Award Board in their Profile. Any song by an Artist that places in the Top 10 of a showcase will have a disc posted to their Award Board, which signifies placement in the Top 10 of a showcase. Awards will be identified with song title, genre, date period of the showcase, and placement in the showcase. A song finishing in first place will receive a gold disc, while songs placing in positions two through ten will receive a platinum or silver disc. If the same song places in the Top 10 of multiple showcases, the Artist will receive an award for each instance.
If at any time it is found that a Song placing in the Top 10 of the Q Promotional Showcase violated our Term of Use, for reasons including but not limited to, Artist did not have legal permission to load the Song onto the Application or ownership is being contested, the award won by the Artist will be removed from the Artists Award Board.
Property Ownership Rights
ARTISTS
In varied areas within the Application, Artists will possess the ability to upload their Content including, but not limited to: music audio files (“Songs”), photographs, images, and Song Lyrics (“Lyrics”). All of this Content must be legally owned by the Artist representing each piece of Content, or afforded legal permissions in writing to use such content, without exception. Artists retain all rights and ownership to any and all of the Content uploaded, as muuuzr does not imply, infer or make claim to own or take anyt part of ownership of Content received in the Application from Users.
By uploading any Content onto the Application, Artist is granting muuuzr and any existing or potentially existing authorized distributors non-exclusive, royalty-free rights and license to:
(i) Copy, transmit and make available (as digital audio files) Songs that have been uploaded to the Application for a public audience to listen, share, and muuuzr may market/promote Songs on behalf of, or in the best interest of the Artist as so determined by muuuzr for muuuzr Sites and Applications. Artist acknowledges, understands and grants permission for Songs to be stored on computer servers owned/and or operated on behalf of muuuzr, and that muuuzr is always free to determine and make use of any and/or all technological methods to be used for providing Songs to the public, or for making songs available through the Application. In addition, Artist grants muuuzr permission to store, make public and to use for promotional purposes Artist name and all uploaded works protected by copyright or trademark, including, without limitation: artwork, images, logos, Lyrics, photographs, text or documentation, as well as any text or documentation created and provided by Artist on the Application, (ii) Make available, through any device with the ability to receive and display/perform, Songs, images, photographs, and video for public consumption, and grants muuuzr all rights to reproduce all uploaded material for non-commercial use.
In the interests of muuuzr marketing, advertising and promotion, you grant muuuzr, for uses only within the Application, the non-exclusive, royalty-free, transferable, worldwide rights to copy, display, distribute, reproduce and use all proprietary and legal protections including, but not limited to, logos, slogans and trademarks to be used at any time, through any means or forms of advertising, marketing or promotion within the muuuzr Application.
By uploading any Music to the Site:
You testify and are prepared to legally support, at muuuzr’s request, that:
(i) You own or have legal rights/permissions, or that you posses in writing, authority to submit, provide and make available Songs or any applicable artwork, and that Songs are free from any limitations or restrictions by a third party, making them available for, including but not limited to, listening, sharing, or promotion, including entry in the Q Showcase Program, and that you can sufficiently and legally support your rights to all material should your rights to any Song or artwork be contested.
(ii) You have been granted permission to act as the Artist responsible for all Songs and artwork on behalf of all individuals, parties or entities that may claim to the contrary of any granting of rights to you to do so in any capacity.
(iii) You have been afforded permission by any individual whose name or likeness you have provided to or through the Application, for any and all Songs and artwork, as well as permission to create or include any imagery, text, or documentation about or that includes any of these individuals.
(iv) You possess and/or are authorized to permit all of the aforementioned rights to Songs and artwork to muuuzr and all Users of the Application.
You testify that all Songs and artwork are approved for marketing and promotion by muuuzr or its distributors, and that any such use is of no violation to any third party or other outside individual, group, organization or entity rights to, or legal protection rights over or against, the material.
As the songwriter, or in acting on behalf of or in conjunction with other songwriters, of all Songs you have uploaded to the Application, you possess all rights, permissions, and the authority to grant the rights declared in this Agreement. This includes rights owned by and afforded to any entity, such as a Music Publisher, or membership with a Performing Rights Organization (PRO), such as ASCAP, BMI, or SESAC, based in or outside of the United States. You and you alone are responsible for communicating with these individuals or organizations and advising of your agreed upon terms within this Agreement, including your granting of a royalty free license to muuuzr for any and all of the Songs you have chosen to upload to the Application, and for the various ways outlined within this Agreement that your Songs may be used within the Application, and that no money, or payment, of any kind and without exception, will be paid out to any PRO or Music Publisher on your behalf by muuuzr for any works uploaded by you to the Application.
Under this Agreement, you attest that you are under no contract or obligation to, and no funds are due to be paid at any time, for any reason, to any third party, including but not limited to, engineer, musician, non-featured vocalist, producer, or union for any use of your Songs as authorized under this Agreement.
If you are under contract or legal obligation to any third party, including but not limited to, a Music Publisher, PRO, or Union, that prohibits you from agreeing to the terms as outlined in muuuzr’s Property Ownership Rights for Artist section of our Terms of Use Agreement, muuuzr prohibits you from uploading to the Application any of these Songs or material that cannot adhere to these contractual obligations. You will indemnify and otherwise hold muuuzr harmless from and against any and all claims emerging from the marketing and promotion of your Songs on the Application, including all expenses arising from court costs and legal fees.
FANS
Through the Application, a User is able to: listen and share songs, submit comments, and communicate with artists and other users. By utilizing any of these features and/or abilities, you acknowledge and understand:
(i) all Content uploaded to or created within the Application becomes published material displaying to other Users your Application UserID with the Content created or provided.
(ii) by submitting, uploading or otherwise providing any Content to this Application, you grant muuuzr a fee-free/no money owed, irrevocable, lifetime, non-exclusive, royalty-free, unconditional, without limitations, worldwide and transferable license to edit, modify, prepare derivative works of, reproduce, use, or publicly display or perform any of your Content (exclusively through the Application for all Users using any means chosen by muuuzr and its successors) without limitation.
(iii) you grant all Application Users, without discretion or limitation, a non-exclusive license to read, view or play any of your Content provided through the Application, as well as to display, distribute, edit, modify, perform, prepare derivative works of, reproduce (on any and all devices owned or controlled by the User), or otherwise use your Content exclusively for personal, non-commercial use.
DISCLAIMER
Other than the terms listed immediately above, muuuzr makes no claims, expressed or implied, to ownership or licensing rights to any of your Content, unless otherwise agreed in writing, and you are free to make use of your personal Content as you wish.
By agreeing to our Terms of Use, you are (i) testifying and can prove, upon request, that you own or have legal rights/permissions, or that you posses in writing, authority to submit, provide and make otherwise available all Content provided by you to the Application, or that the Content you have provided is in the public domain, or has been Direct Licensed, (ii) in possession of all rights to act on or on behalf of entitled third parties to accept and abide by the terms of this Agreement, and to provide and share your Content within the muuuzr Application, (iii) confirming that you have been afforded permission by any individual whose name or likeness you have provided to or through the Application, as well as permission to create or include any imagery, text, or documentation about or that includes any of these individuals, (iv) in possession of and/or are authorized to permit all of the aforementioned rights to User submissions to muuuzr and all Users of the Application.
You and you alone will be liable for all fee’s, royalties or other payments owed to any third party, without exception, including any possible PROs connected to a submission of Content made by you on behalf of any other User.
You testify that all Content submitted by you to the Application is approved for all exposure, marketing and promotion by muuuzr or its distributors, and that any such use is of no violation to any third party or other outside individual, group, organization or entity rights to, or legal protection rights over or against, the material.
DISCLAIMER
By agreeing to these Terms of Use, you understand and agree that muuuzr is permitted the right, including but not limited to, delete, edit, modify, reformat, or dissect and use pieces or portions of in any manner chosen by muuuzr, all Content or any other text or material provided by you to the Application, and that you and you alone are responsible for what you publicly post on the Application or privately transmit through the Application, or for what authorized representatives post on your behalf, and muuuzr is not responsible for anything included, excluded, or incorrectly represented in your Content. In addition, muuuzr is unable to guarantee Users are who they represent themselves to be, and advise all Users to exercise caution when interacting with other Users they meet or communicate with through the Application.
Muuuzr expects honesty and integrity in all data submitted by Users to the Application. We do not swear by, attest to, or otherwise stand behind any Content submitted to or created within the Application by any registered User or third party, nor do we have any control over any of the material that is provided to us. We cannot guarantee authenticity or any accuracy of any data or Content provided to us in any form from, or on behalf of, Users of the Application. You acknowledge, understand and accept all risk of viewing, making use of, or interacting with any User Content and you and you alone are liable for any subsequent loss or damages claimed to be sustained as a result of engaging with said Content.
Rules and Conduct
By agreeing to our Terms of Use, you have agreed to use the Application, including but not limited to, all feature and capabilities as designed and intended for use by muuuzr in structure and operation. Any actions conflicting with these Terms of Use as they have been written would be considered a violation of the terms contained in this Agreement.
In whole, this Application and the Content within (including any and all Content provided by both Fans and Artists) are made available for personal, non-commercial use.
For purposes of these Terms of Use, the term “Content” includes, without limitation,
any User Submissions, audio clips, comments in any social platform within the Application, graphics, information data, Lyrics, music videos, images and/or photographs, scripts, software, text, and interactive features generated, provided, or otherwise made accessible by muuuzr or its partners on or through the Application for incorporation or integration in User Profile, for promotion, or for album or song visual image or representation. This Application is intended for music Artists to make available and market/promote songs of which they legally own or have legal rights to make available on behalf or representative of such entities, and have made available here for personal consumption. Muuuzr allows for the listening and sharing of such content. This material may not be edited or reverse engineered by an individual, group or organization other than the entity providing the original material. All rights to such material remain with the originating Artists and are not to be used, publicly or.commercially, without written approval to do so by the Artist in private agreement.
A User must not use any Application provided Content (other than their own) in any way that is designed to create a separate content service or that replicates any portion of or the whole of the muuuzr Application. Users may not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
Without limitation, or to be bound or restricted beyond the following at muuuzr;’s discretion,
you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Application, directed toward Users or employees of muuuzr, including without limitation any User Submission, that is:
Users shall not, in any manner: (I) copy or adapt the object code, decipher, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to derive any source or object code or underlying ideas or algorithms of any part of the Application, except to the limited extent applicable laws specifically prohibit such restriction, or (ii) modify, translate, or otherwise create derivative works of any parts of the Application. Users may not
circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to any Content that is not their own. Users shall abide by all applicable local, state, national and international laws and regulations.
Users may not alter, desecrate or remove, or attempt to alter, desecrate or remove, any copyright, trademark, or any other such proprietary or legal protections contained in, or appearing on, the Application that do not belong to the legal owner of the material.
An Artist may make songs available for listening, sharing, as per discretion. Any attempt or effort by Users to attempt to copy, rip or capture any audio Content that constitutes unauthorized action or Terms of Use violations is strictly prohibited and may result in Application suspension or expulsion as per muuuzr’s discretion.
Muuuzr reserves the right to modify, alter, block or remove all or portions/excerpts of material submitted by Users through the Application at its sole discretion, at any time and without notice or permission from User. Muuuzr is under no obligation to use or display, in any manner, any material it receives from Users. Muuuzr has no obligation to monitor the Application, Service, Content or User Submissions.
Though every effort is made to safeguard all material received from its Users, any altering, removal, or desecration by third party Users is in no way the responsibility or accountability of muuuzr. Muuuzr reserves the right to investigate and take appropriate legal action against anyone who, in muuuzr’s determination, violates this provision, including without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.
Users may not, at any time or for any reason, copy, rent, sell, distribute or lease their personal access to the Application. Transfer of existing membership, with its data included, to a third party may be considered if the request is submitted in writing to and approved by muuuzr. While consideration to do so would be dependent on case by case scenarios, muuuzr is of no obligation to comply unless legalities prevail that dictate such action as just and warranted.
Any and all material requested by law enforcement as determined a “need be” by law enforcement will be provided at such request, and any concerns with the material being turned over to law enforcement will have no involvement or accountability with muuuzr and will become a matter solely between law enforcement and the artist owning the material in question
Muuuzr will do everything it can to ensure metrics displayed and used for placement or as insight of Artists indication of popularity within the application are as fair and honest as it possibly can, though it makes no such promises to maintain or accurately represent, or accepts no liabilities where User deception has been employed to increase or artificially inflate said metrics. Users who utilize means or make use of any services, automated or otherwise, to increase likes, followers, listens, or through any other similar metric utilized within the Application by false/fake/artificial or deceptive means using methods such as adding followers to your account, apps, the use of bots, botnets, extensions or other automated means to register accounts, follow or unfollow other users, log in, play Content, plugins, post comments, scripts, send messages, or otherwise to act on your behalf. In addition, Users may not offer or promote the availability of any such techniques or services to any other users of the Application.
You must not make any attempt to get around, hack, breach, disturb, alter, break through or shut down any data security measures or server access protections employed by muuuzr or any other source anywhere within the Application. You must not access, attempt to access or exploit our servers, or any of the data hosted on our servers. You may not log into, or attempt to log into, any User account which is not your own, or that you are not authorized to access. You must not attempt to secure, or to secure, data or passwords that are not your own, or in the effort of granting access where access has not been suitably authorized by muuuzr. You may not employ the uploading of toxic or damaging material including, but not limited to: adware, bots, Listserv, Maillist, malware, spyware, time bombs, Trojan horse, virus, or worm, or any other harmful or malicious material wreaking havoc on system or Application performance by means of communication or hinderance on the network or causing disruption, disrepair, degradation, or forcing shutdown of the Application or servers. You may not engage Software or any similar method or device working as an auto-responder or in spamming the Application, or as an attempt to “crawl” or “spider” pages within the Application. You may not employ any form of scraping, or the utilization of spidering, or any other similar methods, without limitation, in efforts to collect any data from other Users within the Application.
Under these Terms of Use, you understand, acknowledge and agree that muuuzr may look into any material, in any form or format, or Content created or submitted by you for authentication or verification purposes, and in any instance where muuuzr deems such action to be appropriate, may refer the matter(s) to appropriate law enforcement personnel for investigation and/or possible prosecution.
Fees and Purchase Agreements
GENERAL
Muuuzr reserves the right to add, increase or decrease pricing to existing features, and to create pricing for newly created features of the Application. Muuuzr reserves rights to modify its pricing in any way it deems necessary or appropriate, and will provide a minimum of thirty (30) days notice prior to implementing such pricing changes. Use of the Application by you following such notification constitutes your acceptance of any new or modified changes in pricing. All transactions are of a digital means conducted within the Application by third party payment systems. Transactions under this Agreement are facilitated by muuuzr and our third-party payment processor.
All purchases made through the Application are immediate, no ability currently exists for making payments against a single purchase.
APPLICABLE TO ALL USERS
MEMBERSHIP
Registrants of the muuuzr application have the option of becoming members of the Q Membership Program, a paid membership program which enables users to have more interactive abilities within the Application. Users have the option of making monthly payments, choosing to use or not use the Application month to month, or to pay an annual fee upfront. At present, monthly Q membership fees are $4.99, and annual membership fees are $49.99. Under the Terms of Use of this agreement, you understand and agree to these conditions, and to pay the required fee for this enhanced interactive experience if so desired.
Q PROMOTIONAL SHOWCASE
A $25 fee is required for entering any one song into a Q Promotional Showcase, though this fee may be increased or decreased at anytime at muuuzr’s discretion. This fee is non-refundable for any reason. However artists are permitted to make changes to a song already scheduled to appear in a Showcase so as to afford as much flexibility to the Artist with best accommodations for optimum scheduling. See more details under Q Promotional Showcase.
Placement in a Showcase is non-transferable.
BANNER PROMOTION
Muuuzr currently affords the ability for an Artist to promote themselves or their Song(s) through a rotating banner available on the Home Page of the Application. The current cost for this promotional opportunity is $50 per banner that shows on the Application for seven (7) days, though this fee may be increased or decreased at anytime at muuuzr’s discretion. Banner promotion lasts for one week, or seven (7) days. Promotions can be removed from the Application at anytime during their seven day promotional period at the written request of the paid submitter, but no portion of the paid fees are returnable.
Promotional fees are non-refundable.
Third Party Site
A third-party site refers to an individual, group or organization other than Fan, Artist or muuuzr.
There may be opportunities from within the Application for clicking on these links (otherwise known as “hyperlinks”) that will take you outside of muuuzr to a third party website or application. Using links for access to or utilization of third-party sites are optional, as is clicking on links from third-party sites leading to the muuuzr Application, and utilization of these links is at the exclusive risk of the User, with no liability to muuuzr. Links provided by Users are not pre-approved, inspected or endorsed by muuuzr. Muuuzr has no ownership, control or authority over any third-party sites, and you acknowledge that muuuzr has no knowledge of or liability for third-party site accuracy, content, lawful or ethical behavior, or operation. Muuuzr is in no way accountable or liable for any objectionable, disruptive or harmful content, behaviors, operations or tracking conducted through these third party applications as they are not within our control. Muuuzr makes no representations concerning any Content contained in or accessed through the Application, and muuuzr will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Application or the Service. You acknowledge and agree to hold muuuzr harmless and free of any and all liability, expressed or inferred, from any real or perceived harm, damages or losses from engaging with or any use of a third-party site by using any links provided within the Application.
Application Content, Protections and License
Content provided within, across and throughout the Application by muuuzr or by any such entities it has chosen to employ are protected by various legal rights, including but not limited to: copyrights, legal disclaimers, patents, trade secrets, and trademarks. You agree to respect these protections and acknowledge that breaching this agreement may subject you to legal action by muuuzr or any partner, employee or third party who has had their content impacted by such actions.
Users of the Application are granted a non-exclusive, non-transferable worldwide license (which User holds no rights or permission to further license out) to make use of, and changes to, Content within the Application exclusively for personal, non-commercial uses. Any use or extraction, or storage of any of the Content provided within the Application beyond personal use is strictly prohibited by muuuzr, and serves as a violation of these Terms of Use against either muuuzr or any protections holder (such as, but not limited to, copyright, patent, trademark) impacted by your actions. All content, including content provided by third party entities, is not in your right to lease, license, rent, or sell commercially or other, and you acknowledge and agree to abide by these terms.
Warranty Disclaimer
Muuuzr has no direct or indirect, financial or other relationship with you or any User of the Application. By agreeing to our Terms of Use, you understand: (i) muuuzr has no control over any Fan, Artist or other, who chooses to make use of the Application and that muuuzr is under no obligation to take any action, including but not limited to, removal or to impose restrictions over such Users from making use of any or all of the access featured in the Application, (ii) muuuzr holds no liability for Content available for viewing on the Application, or for which Content you choose to review or how you may choose to use it, or for any interpretations you may have of the Content presented within the Application, or for any harmful effects any Content may have on you, and (iii) are in no way accountable for actions you may choose to take as a result of hearing, reading or viewing any such material as presented in the Application.
As a User you have freely chosen to utilize the Application as is, and you agree that not all material, available through or referred to by muuuzr or provided on third-party sites accessed through muuuzr, may be deemed acceptable or appropriate to you, and that you hold muuuzr free from any liabilities related to any Content you may or may not have acquired through the Application. Muuuzr is unable to support the character of any or all Content provided in the Application or Content within third-party sites provided access through the Application, or will muuuzr be held liable for third-party honesty or accuracy, or adherence to legal protections, or any other such applicable legalities.
This Application comes without any written or implied warranty of any kind, and is available and to be used at Your own risk. It is “as is” and does not offer, imply or otherwise promise or guarantee full security protections, User satisfaction, quality of performance, Application accessibility or usability, at any time for any reasons. We do not warrant or promise a problem or trouble free experience, or that any issues that may be reported, discovered or otherwise found will be resolved or corrected to your satisfaction, or to be corrected at all. We do not warrant or promise the Application to be free of, harmless or otherwise immune to any technological dangers including, but not limited to, viruses, hacking and data breaches.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you
Dispute Resolution
These Terms of Use, in electronic or printed form, shall be permissible in court or any such legal proceedings that in themselves are based around these Terms of Use, and are to be afforded the weight, value and merit of other existing hardcopy business documentation. You and associated individuals, representatives, organizations or other entities agree any issues, concerns or disputes to these Terms of Use must be initiated within three (3) months from which the action occurred, otherwise the ability to perpetuate any and all legal proceedings arising from the instance will become null and void.
These Terms of Use were made to comply with all laws and regulations applicable to the State of California and within the United States of America. Disputes against any of the conditions documented within these Terms of Use shall be settled thru arbitration in Los Angeles County, California using the English language in accordance with the currently effective Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc (“JAMS”) by one commercial arbitrator with more than fifteen (15) years professional experience specializing in the resolution of intellectual property and commercial contract disputes, selected from the available choices for JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The party found in favor through arbitration will be entitled to reimbursement of all reasonable and related legal expenses to be paid by the opposing party. The award may either be (i) entered through a court with rights to jurisdiction, or (ii) an appeal may be made to the court to, in lieu of direct involvement, act in support of the bestowment of the granted award with authority to enforce. With the aforementioned taken into account, and to be conducted within countries of proper jurisdiction, each party may make efforts to preserve rights through
injunctive or similar means pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Los Angeles, California. Use of the Application is void in any jurisdiction that does not agree with and honor all provisions of these Terms of Use, including without limitation, these terms provided under Dispute Resolution.
Limitation of Liability
Without discretion or limitation, you shall hold muuuzr, our distributors, any and all affiliated employees, contractors or third parties, free of liability, including but not limited to: legal agreement, strict liability, tort, or other, regarding: (i) financial or data loss, cost of procurement in securing alternate services, including but not limited to any resulting damages, be they incidental, direct or indirect, or punitive, (ii) for any infection from or damage to your device(s) due to computer viruses, trojan horses, bugs or of any similar method, or (iii) for any
direct damages, taken in total, exceeding one-hundred U.S. dollars ($100.00). For any state where exclusions or limitations of these forms of damages exist, the terms and/or agreements made above may not be applicable to you.
Indemnification
Without discretion or limitation, you shall hold harmless and not seek indemnification from muuuzr, our distributors, or any and all affiliated employees, contractors or third parties. You will not hold muuuzr liable for or accountable to any claims or expenses of any kind, without exception, including attorney and court related fees that may exist as a consequence of or by actions taken in or presented within the Application, created within the Application, or uploaded to the Application, as well as any infraction of these Terms of Use by you or anyone using your account of any intellectual property or other right of, including but not limited to, any individual, group or organization breaching the terms and legal obligations agreed to by you in accepting these Terms of Use once choosing to access the Application.
Without discretion or limitation, you shall hold harmless and not seek indemnification from muuuzr or any of our third party entities. including but not limited to, any individual, group or organization claiming ownership, royalties owed or entitlement rights to any payments, fees, or other due to the playing or sharing of your Songs through the Application.
For any matter claiming indemnification on your behalf, you agree to bestow to muuuzr and muuuzr alone all rights to assume sole defense and control otherwise subject to indemnification by you, in which case you are to willfully cooperate and provide assistance to muuuzr, any muuuzr employee or third-party entity, in efforts in or formation of its defenses to be payable at your sole expense.
Integration and Severability
These Terms of Use constitute the entire agreement existing between you and muuuzr with respect to the Service and use of the Application, and supersede all prior or otherwise existing communications and suggested agreement, in or of any form between You and muuuzr with respect to the Application. If any aspect, term or stipulation is declared invalid or unenforceable, the applicable will be reduced or removed only to the extent necessary to ensure these Terms of Use remain in effect, valid and enforceable. The decision by you or muuuzr to not exercise any of the rights provided within these Terms of Use is exclusive to that provision alone and not to be indicative of any other waiver of rights to all other provisions herein.
Termination
Muuuzr reserves the right to terminate your access to any or all parts of the Application at any time, effective immediately, for any reason and as deemed fit, with or without prior notice. Muuuzr will determine course of action for your stored data, which may include but is not limited to, remaining on our servers for a period up to twelve (12) months or may be subject to immediate removal and deletion. All of your abilities to hear Songs that can only be accessed through the Application will cease to exist.
You may voluntarily choose to terminate your membership with muuuzr at any time. No refunds, in part or in full, will be due to you for any reason for any remaining unused time left in your paid membership, except as provided in the terms of this Agreement. All data uploaded to or created on the Application will remain on our servers for a period of twelve (12) months from termination date. This means that if you should decide to return as a member of muuuzr within the twelve (12) months following termination, your account data will be restored as it existed at the time of your termination. At the end of the twelve (12) month period, all of your account data, including but not limited to, all audio, video, and photography will be permanently removed from the site.
Legal aspects of these Terms of Use will continue to exist beyond your termination, for the benefit of both you and muuuzr, including but not limited to: indemnity, limitations of liability, ownership rights, and warranty disclaimers.
International/Non-California Use
Muuuzr oversight of material provided in or stored on the Application is to ensure it is legal for the state of California. Muuuuzr does not advise, promise or warrant, in writing or otherwise, that material found on the Application is suitable for or available to Users outside of the state of California. Accessing the Application from any territory outside of California is not encouraged or endorsed by muuuzr, and is done at the Users own risk. Muuuzr advises Users to only use the Application where and as legally permitted by law.
Permissions/Allowances for muuuzr Employees
Employees, individuals, entities or organizations affiliated with or employed by muuuzr are unable to participated in the Q Promotional Showcase, so as to avoid any potential conflict of interest.
Said parties are permitted to create membership accounts, and to build, host and use these accounts equal to any other registered muuuzr User, as well as the ability to pay for promotion through the banner advertising on our Home Page.
Miscellaneous
Muuuzr will not be held responsible or accountable for any inability to successfully perform or produce Application operations, features and/or presentations for any or all components of the Application due to any reason that is entirely, or in part, out of its control to remedy, including issues related to communications, electronic or mechanical failures. Muuuzr reserves the right to assign, delegate or transfer any and all rights and obligations to any entity or third-party of choice without any form of prior consent. No relationship of any kind, be it direct, inferred or implied, is established by your agreement to these Terms of Use, and neither you nor muuuzr possess the authority to bind the other party in any way. Any and all communications served under these Terms of Use by muuuzr will be in written form and deemed successfully communicated to Recipient when receipt has been acknowledged. The structured layout of this Agreement, in the manner and order of which terms have been presented, has been determined by muuuzr to be best for presenting all Terms of Use agreements and information that are contained herein, and contain no hidden or ulterior motives behind the reasoning, order or method of which the agreement terms have been presented.
These Terms of Use constitute an agreement between you and muuuzr, and may not be given or transferred to any other party on your behalf without prior permission granted by muuuzr.