Terms of Usage
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MUZIBOO TERMS OF USE
To make it easier to understand our Terms of Use, we are highlighting some key points in simple English. We encourage you to read the complete Terms of Use.
Highlights
* By using the services of Muziboo, you are agreeing to the Terms of Use of the website. * Content available on this website is protected by Copyright laws and you can only use it for
your personal purposes. * By posting content on this website, you are holding out that the content does not violate any rights of Copyright and other statutory protection accorded to the content. * Muziboo cares about your privacy. Read Muziboo’s privacy policy and practices at <link>
MUZIBOO TERMS AND CONDITIONS FOR USE AND MUSIC SUBMISSION
Effective May 12th 2008
(Please read carefully)
This Terms and Condition for Use of Muziboo website and Music Submission is a legal agreement between you and Muziboo, a sole proprietary concern (hereinafter referred to as ‘Muziboo’, ‘our’, ‘us’, ‘we’) providing, among other things, the terms and conditions for your use of Muziboo’s streaming music services ( the ‘Services’ or ‘Website services’) through the website located at www.muziboo.com (the ‘Website’).
Read the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions.
These Terms and Conditions may be modified from time to time in Muziboo’s sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Website services after any amendments are posted on the Website.
Authorised Users: You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website services are available to individuals aged 13 years or older.
Parental Guidance and Advise: If you are user between the ages of 13 and 17, review the terms of this Agreement with your parents. The Website services are not designed to attract children under the age of 13 and we do not intentional collect personal information from children on our Website. Muziboo Services may have music that contains explicit content including strong language or depictions of violence or sex. Parental discretion is advised for users in the age group of 13 to 17 years.
Registration: To use the Website services, you may have to be registered and provide your name, email address and other details. Please see our Privacy Policy and practices at http://muziboo.com/docs/index.php/Privacy_Policy on how the personal information would be used.
Music Submission and Licence Grant
* You could provide us with or post on the Website, sound recordings, musical works, compositions, videos, songs, lyrics, art, visual images or other similar material (hereinafter referred as ‘Program Material’). * By submitting the above Program Material, you grant to us, a non-exclusive, worldwide, royalty-free licence to (i) reproduce, distribute, public perform, publicly display and perform, whether digital or otherwise, the Program Material in whole or in part (including the right to create compilations which include your music), (ii) Create and use sample of Program Material for demonstrating or promoting our or your products or services (iii) use the name and likeness of any individuals represented in the Program Material in connection with your content (iv) Use trademarks, logos, service marks provided with the Program Material in connection with your content.
Content Use
* The Program Materials contained on the Website are protected by copyright and international laws. You can only access and use the content for your personal or educational purposes only and cannot reproduce the copyrighted materials. * You cannot (i) copy store, edit, change, prepare any derivative work of or alter in any way of the tracks streamed through the Website. (ii) Make the Services available over a network other than Muziboo’s network) where it could be used by others. (iii) Rent, lease, sublicence, translate, reverse engineer, decompile, disassemble, modify or create derivate works based on the Website services or any portion of them. (iv) Use the Website services in any way that violate the terms of this Agreement. (v) Circumvent the technology used by Muziboo or its licensors to protect content accessible via the Muziboo services.
Ownership and Copyright
* Muziboo does not own the Program Material posted by third parties to the Website. All Program Material is posted by artists who represent and warrant that the Program Material does not infringe any third party’s copyright, trademark, trade-secret or other proprietary rights or moral righs. * Ownership of the Program Material continues to vest with the artists. The artists have granted a Licence to Muziboo under this Agreement. * Muziboo is not in a position to determine the ownership of the Program Material. Muziboo’s policy on ownership rights is, for the parties alleging mis-use of content / Program Material, to directly resolve it between the parties. * Muziboo on written notification of alleged infringement of any content / Program Material, shall at its own discretion remove the allegedly infringing content / Program Material from the Website.
Termination
This Agreement will remain effective until terminated by you or terminated by us. Upon termination, all of our licence rights terminate, except those rights …….<prateek, are there any rights which Muziboo needs to continue>>
Representation and Warranties
On all Program Material you submit to us, you represent and warrant that (a) the content is your or your band’s own original work, and contains no sampled material, (b) you have full right, eligibility and authority to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the content does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the Material does not and will not violate any law, statute, ordinance or regulation; (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. We, our customers, and our licensees shall not be required to make any payments with respect to material that you submit to our Website under this Agreement, including but not limited to payments to third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds.
Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUZIBOO MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, MUZIBOO MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. MUZIBOO WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL MUZIBOO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW.
Liability and Indemnity
By availing yourself of the Website, Materials or related services, you agree to release and hold Muziboo and the employees, officers, directors, shareholders, agents, representatives, associates of Muziboo (the ‘Muziboo Affiliates’)harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Muziboo that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Muziboo Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL MUZIBOO BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF MUZIBOO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Terms
* You agree to comply with all applicable laws in relation to the Services of this Webiste. * You shall use the Website for lawful purposes only. * You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. * Muziboo or its Affiliates may present advertisements or promotional materials via the Website. Your dealings with, or participation in promotions of any third party advertisers via the Website are solely between you and such third party. * This Agreement will be governed by the laws of India and subject to Courts in Bangalore. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. * If any provision of ths Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
