Welcome to Musiton Inc, a service provided by Musiton Inc ("Musiton Inc", "we""our", or "us").
Description of the Platform This provides a general description of the Platform, its features and functionality.
Your Musiton Inc account This section explains your responsibilities should you choose to register for a Musiton Inc account.
Your Use of the platform This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
Your content This section deals with ownership of your content, and includes your agreement not to uploadany thing that infringes on anyone else’s rights.
Grant of license This section explains how your content will be used on Musiton Inc and the permissions that you grant by uploading your content - for example, the right for other users tol isten to your sounds.
Representations and warranties This section include important promises and guarantees that you give when uploading content to Musiton Inc - in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
Liability for content This section explains that Musiton Inc is a hosting service and that its users are solely liable for material that they upload to Musiton Inc
Third party websites and services Through Musiton Inc you may have access to other websites and services. This section explains that these are separate third-party services that are not under the control of Musiton Inc
Blocking and removal of content This section makes it clear that Musiton Inc may block or remove content from the Platform.
Disclaimer This section explains that Musiton Inc cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems.
Limitation of liability This section explains some of those things that Musiton Inc will not be liable for.Please make sure you read and understand this section.
Indemnification If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
Meetups This section deals withMusiton Inc meetups and explains that these are not "official"Musiton Inc events, so we cannot be responsible for anything that happens atmeetups.
Competitions and other promotions This section deals with competitions, contests and sweepstakes on Musiton Inc.These are not run by Musiton Inc, and therefore we cannot be responsible for them. If you want to run your own competition on Musiton Inc, make sure you read and understand our Competition Terms.
Use of Musiton Inc players and widget This section includes a few restrictions on how you can use our player sand widgets – basically, don’t try to use our players to create a new music or audio streaming service.
Subscriptions and gift codes This section links you to information explaining how to purchase "Standard(Free)" and "Premium" plans and "Musiton Inc"subscriptions as well as gift codes and how you can cancel your purchases incertain circumstances.
Changes to the Platform, accounts and pricing from time to time, we may need to make some changes to Musiton Inc.This section explains your rights in this situation.
Termination This section explain show you can terminate your Musiton Inc account, and the grounds on which we can terminate your use of Musiton Inc.
Assignment to third parties This section deals with Musiton Inc right to transfer this agreement to someone else.
Severability This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
Applicable law and jurisdiction All of our documents are generally governed by Puerto Rico law.
Disclosures This section provides information about Musiton Inc, including how to contact us.
Description of the Platform
The Platform is a hosting service.Registered users of the Platform may submit, upload and post audio, video,text, photos, pictures, graphics, comments, and other content, data orinformation ("Content"), which will be stored by Musiton Inc at thedirection of such registered users, and may be shared and distributed by suchregistered users, and other users of the Platform, using the tools and featuresprovided as part of the Platform and accessible via the Website, Apps andelsewhere. The Platform also enables registered users to interact with oneanother and to contribute to discussions, and enables any user of the Website,Apps or certain Services (who may or may not be registered users of thePlatform) to view, listen to and share Content uploaded and made available byregistered users.
The audio upload formats must have to be in mp3. The format to upload videos has to be mp4,distributors or companies can deliver the audios and videos by us to the email email@example.com with all the metadata included. If the Distributor or company want access to upload directly need to request it via email to firstname.lastname@example.org.
The Platform also includes social and interactive features that enable users to engage with and learn from the Musiton Inc community in order to build a following and ensure you get the content that interests you most. For example, users who upload content to Musiton Inc will gain access to our creator stats feature, which provides creators with insights into how the content they upload fares among users,including which users are top listeners and downloaders of such content.
Your Musiton Inc account
You are not obliged to register touse the Platform. However, access to the Apps and certain Services is onlyavailable to registered users. As an example, our App, Musiton Inc Pulse,enables registered users, who upload and make available their Content to otherusers, to receive instant feedback on the performance of their tracks,communicate with their listeners, and manage their Content anytime.
In order for you to engaged withother Musiton Inc listeners and creators, we enable you to create andpersonalize a public profile on Musiton Inc. To enable you to do that, you mustprovide us with the information you want to display on such profile.
In order to help you to navigateand discover content on the Platform that interests you, as a registered useryou will also receive auto-generated personalized recommendations of othercontent that might appeal to you, based on your listening habits.
You are solely responsible formaintaining the confidentiality and security of your username and password, andyou will remain responsible for all use of your username and password, and allactivity emanating from your account, whether or not such activity wasauthorized by you.
If your username or password islost or stolen, or if you believe that your account has been accessed byunauthorized third parties, you are advised to notify Musiton Inc in writing,and should change your password at the earliest possible opportunity.
You may terminate your account atany time as described in the Termination section below.
Your use of the Platform
(i) You must not copy, rip orcapture, or attempt to copy, rip or capture, any audio Content from thePlatform or any part of the Platform, other than by means of download or storefor offline listening in circumstances where the relevant Uploader has electedto permit downloads or offline listening of the relevant item of Content.
(iii) You must not use any Content(other than Your Content) in any way that is designed to create a separatecontent service or that replicates any part of the Platform offering.
(iv) You must not employ scrapingor similar techniques to aggregate, repurpose, republish or otherwise make useof any Content.
(v) You must not employ anytechniques or make use of any services, automated or otherwise, designed tomisrepresent the popularity of Your Content on the Platform, or to misrepresentyour activity on the Platform, including without limitation by the use of bots,botnets, scripts, apps, plugins, extensions or other automated means toregister accounts, log in, add followers to your account, play Content, followor unfollow other users, send messages, post comments, or otherwise to act onyour behalf, particularly where such activity occurs in a multiple orrepetitive fashion. You must not offer or promote the availability of any suchtechniques or services to any other users of the Platform.
(vi) You must not alter or remove,or attempt to alter or remove, any trademark, copyright or other proprietary orlegal notices contained in, or appearing on, the Platform or any Contentappearing on the Platform (other than Your Content).
(vii) You must not, and must notpermit any third party to, copy or adapt the object code of the Website or anyof the Apps or Services, or reverse engineer, reverse assemble, decompile,modify or attempt to discover any source or object code of any part of thePlatform, or circumvent or attempt to circumvent or copy any copy protectionmechanism or territorial restrictions or access any rights managementinformation pertaining to Content other than Your Content.
(viii) You must not use thePlatform to upload, post, store, transmit, display, copy, distribute, promote,make available, continue to make available or otherwise communicate to thepublic:
any Content that is abusive,libelous, defamatory, pornographic or obscene, that promotes or incitesviolence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity,cultural identity, religious belief, disability, gender, identity or sexualorientation, or is otherwise objectionable in Musiton Inc reasonablediscretion;
any information, Content or othermaterial that violates, plagiarizes, misappropriates or infringes the rights ofthird parties including, without limitation, copyright, trademark rights,rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breachesor is contrary to any law, rule, regulation, court order or is otherwise isillegal or unlawful in Musiton Inc reasonable opinion;
any material of any kind thatcontains any virus, Trojan horse, spyware, adware, malware, bot, time bomb,worm, or other harmful or malicious component, which or might overburden,impair or disrupt the Platform or servers or networks forming part of, orconnected to, the Platform, or which does or might restrict or inhibit anyother user's use and enjoyment of the Platform; or
any unsolicited or unauthorizedadvertising, promotional messages, spam or any other form of solicitation.
(ix) You must not commit or engagein, or encourage, induce, solicit or promote, any conduct that would constitutea criminal offense, give rise to civil liability or otherwise violate any lawor regulation.
(x) You must not rent, sell orlease access to the Platform, or any Content on the Platform, although thisshall not prevent you from including links from Your Content to any legitimateonline download store from where any item of Your Content may be purchased.
(xi) You must not deliberatelyimpersonate any person or entity or otherwise misrepresent your affiliationwith a person or entity, for example, by registering an account in the name ofanother person or company, or sending messages or making comments using thename of another person.
(xii) You must not stalk, exploit,threaten, abuse or otherwise harass another user, or any Musiton Inc employee.
(xiii) You must not use or attemptto use another person's account, password, or other information, unless youhave express permission from that other person.
(xiv) You must not sell ortransfer, or offer to sell or transfer, any Musiton Inc account to any thirdparty without the prior written approval of Musiton Inc
(xv) You must not collect orattempt to collect personal data, or any other kind of information about otherusers, including without limitation, through spidering or any form of scraping.
Any and all audio, text, photos,pictures, graphics, comments, and other content, data or information that youupload, store, transmit, submit, exchange or make available to or via thePlatform (hereinafter "Your Content") is generated, owned andcontrolled solely by you, and not by Musiton Inc.
Musiton Inc does not claim anyownership rights in Your Content, and you hereby expressly acknowledge and agreethat Your Content remains your sole responsibility.
Without prejudice to the conditionsset forth in Your Use of the Platform you must not upload, store, distribute,send, transmit, display, perform, make available, continue to make available orotherwise communicate to the public any Content to which you do not hold thenecessary rights. In particular, any unauthorized use of copyright protectedmaterial within Your Content (including by way of reproduction, distribution,modification, adaptation, public display, public performance, preparation ofderivative works, making available or otherwise communicating to the public viathe Platform), independent of whether it is or becomes unauthorized at a laterpoint, may constitute an infringement of third party rights and is strictlyprohibited. Any such infringements may result in termination of your access tothe Platform as described in the Repeat Infringers section below, and may alsoresult in civil litigation or criminal prosecution by or on behalf of therelevant rightsholder.
We may, from time to time, inviteor provide you with means to provide feedback regarding the Platform, and insuch circumstances, any feedback you provide will be deemed non-confidentialand Musiton Inc shall have the right, but not the obligation, to use suchfeedback on an unrestricted basis.
Grant of a license
By uploading Your Content to thePlatform, you also grant a limited, worldwide, non-exclusive, royalty-free,fully paid up, license to other users of the Platform, and to operators andusers of any other websites, apps and/or platforms to which Your Content hasbeen shared or embedded using the Services ("Linked Services"), touse, copy, listen to offline, repost, transmit or otherwise distribute,publicly display, publicly perform, adapt, prepare derivative works of,compile, make available and otherwise communicate to the public, Your Contentutilizing the features of the Platform from time to time, and within theparameters set by you using the Services. You can limit and restrict theavailability of certain of Your Content to other users of the Platform, and tousers of Linked Services, at any time using the permissions tab in the trackedit section for each sound you upload, subject to the provisions of theDisclaimer section below. Notwithstanding the foregoing, nothing in these Termsof Use grants any rights to any other user of the Platform with respect to anyproprietary name, logo, trademark or service mark uploaded by you as part ofYour Content (for example, your profile picture) ("Marks"), otherthan the right to reproduce, publicly display, make available and otherwisecommunicate to the public those Marks, automatically and without alteration, aspart of the act of reposting sounds with which you have associated those Marks.
Removal of audio Content from youraccount will automatically result in the deletion of the relevant files fromMusiton Inc systems and servers. However, notwithstanding the foregoing, youhereby acknowledge and agree that once Your Content is distributed to a LinkedService, Musiton Inc is not obligated to ensure the deletion of Your Contentfrom any servers or systems operated by the operators of any Linked Service, orto require that any user of the Platform or any Linked Service deletes any itemof Your Content. Furthermore, if you authorize any of Your Content to beavailable for offline listening, after deletion of an item of Your Content orremoval from the ability for other users to listen to the applicable Contentoffline, the applicable Content may still be temporarily available to otherusers of the Platform who saved the applicable Content for offline listening ontheir devices, but no longer than 30 days from the time of deletion.
Any Content other than Your Contentis the property of the relevant Uploader, and is or may be subject tocopyright, trademark rights or other intellectual property or proprietaryrights. Such Content may not be downloaded, reproduced, distributed,transmitted, re-uploaded, republished, displayed, sold, licensed, madeavailable or otherwise communicated to the public or exploited for any purposesexcept v
in the features of the Platformfrom time to time and within the parameters set by the Uploader on the Platformor with the express written consent of the Uploader. Where you repost anotheruser’s Content, or include another user’s Content in a playlist or station orwhere you listen to another user’s Content offline, you acquire no ownershiprights whatsoever in that Content. Subject to the rights expressly granted inthis section, all rights in Content are reserved to the relevant Uploader.
Representations and warranties
(ii) Your Content and theavailability thereof on the Platform do not and will not infringe or violatethe rights of any third party, including, without limitation, any intellectualproperty rights, performers’ rights, rights of privacy or publicity, or rightsin confidential information.
(iii) You have obtained any and allnecessary consents, permissions and/or releases from any and all personsappearing in Your Content in order to include their name, voice, performance orlikeness in Your Content and to publish the same on the Platform and via anyLinked Services.
(iv) Your Content, including anycomments that you may post on the Website, is not and will not be unlawful,abusive, libelous, defamatory, pornographic or obscene, and will not promote orincite violence, terrorism, illegal acts, or hatred on the grounds of race,ethnicity, cultural identity, religious belief, disability, gender, identity orsexual orientation.
(v) Your Content does not and willnot create any liability on the part of Musiton Inc, its subsidiaries,affiliates, successors, and assigns, and their respective employees, agents,directors, officers and/or shareholders. Musiton Inc reserves the right to removeYour Content, suspend or terminate your access to the Platform and/or pursueall legal remedies if we believe that any of Your Content breaches any of theforegoing representations or warranties, or otherwise infringes anotherperson's rights or violates any law, rule or regulation.
Liability for content
You hereby acknowledge and agreethat Musiton Inc (i) stores content and other information at the direction,request and with the authorization of its users, (ii) acts merely as a passiveconduit and/or host for the uploading, storage and distribution of suchcontent, and (iii) plays no active role and gives no assistance in thepresentation or use of the content. You are solely responsible for all of YourContent that you upload, post or distribute to, on or through the Platform, andto the extent permissible by law, Musiton Inc excludes all liability withrespect to all content (including Your Content) and the activities of its userswith respect thereto.
You hereby acknowledge and agreethat Musiton Inc cannot and does not review the content created or uploaded byits users, and neither Musiton Inc or its subsidiaries, affiliates, successors,assigns, employees, agents, directors, officers and shareholders has anyobligation, and may, but does not undertake or assume any duty to, monitor thePlatform for content that is inappropriate, that does or might infringe anythird party rights, or has otherwise been uploaded in breach of these Terms ofUse or applicable law.
Musiton Inc and its subsidiaries, affiliates,successors, assigns, employees, agents, directors, officers and shareholdershereby exclude, to the fullest extent permitted by law, any and all liabilitywhich may arise from any content uploaded to the Platform by users, including,but not limited to, any claims for infringement of intellectual propertyrights, rights of privacy or publicity rights, any claims relating topublication of abusive, defamatory, pornographic, or obscene material, or anyclaims relating to the completeness, accuracy, currency or reliability of anyinformation provided by users of the Platform. By using the Platform, youirrevocably waive the right to assert any claim with respect to any of theforegoing against Musiton Inc or any of its subsidiaries, affiliates, successors,assigns, employees, agents, directors, officers or shareholders.
If you discover any content on thePlatform that you believe infringes your copyright, please report this to ususing any of the methods outlined on our Copyright Information pages.
If you would prefer to send us yourown written notification, please make sure that you include the followinginformation:
a statement that you haveidentified Content on Musiton Inc that infringes your copyright or the copyrightof a third party on whose behalf you are entitled to act;
a description of the copyrightwork(s) that you claim have been infringed;
a description of the Content thatyou claim is infringing and the Musiton Inc URL(s) where such Content can belocated;
your full name, address andtelephone number, a valid email address on which you can be contacted, and yourMusiton Inc user name if you have one;
a statement by you that you have agood faith belief that the disputed use of the material is not authorized bythe copyright owner, its agent, or the law; and
a statement by you that theinformation in your notice is accurate and that you are authorized to act onbehalf of the owner of the exclusive right that is allegedly infringed;
In addition, if you wish for yournotice to be considered as a notice pursuant to the United States DigitalMillennium Copyright Act 17 U.S.C. §512(c), please also include the following:
with respect to your statement thatyou are authorized to act on behalf of the owner of the exclusive right that isallegedly infringed, confirmation that such statement is made under penalty ofperjury; and
your electronic or physicalsignature (which may be a scanned copy).
Your notice should be sent to us byemail to email@example.com
If you wish for your notice to beconsidered as a notice pursuant to the United States Digital MillenniumCopyright Act 17 U.S.C. §512(c), your notice should be sent to Musiton Incdesignated copyright agent by email to firstname.lastname@example.org and/or by mail to the following address:
Third party websites and services
The Platform may provide you withaccess to third party websites, databases, networks, servers, information,software, programs, systems, directories, applications, products or services,including without limitation, linked services (hereinafter "ExternalServices").
Musiton Inc does not have ormaintain any control over External Services, and is not and cannot beresponsible for their content, operation or use. By linking or otherwiseproviding access to any External Services, Musiton Inc does not give anyrepresentation, warranty or endorsement, express or implied, with respect tothe legality, accuracy, quality or authenticity of content, information orservices provided by such External Services.
You are solely responsible fortaking the precautions necessary to protect yourself from fraud when usingExternal Services, and to protect your computer systems from viruses, worms,Trojan horses, and other harmful or destructive content and material that maybe included on or may emanate from any External Services.
Musiton Inc disclaims any and allresponsibility or liability for any harm resulting from your use of ExternalServices, and you hereby irrevocably waive any claim against Musiton Inc withrespect to the content or operation of any External Services.
Blocking and removal of content
Please also note that individualUploaders have control over the audio content that they store in their accountfrom time to time, and may remove any or all audio content or other contentwithout notice. You have no right of continued access to any particular item ofcontent and Musiton Inc shall have no liability in the event that you areunable to access an item of content due to its removal from the Platform,whether by Musiton Inc or the relevant uploader.
If we receive a valid notificationfrom a third party in accordance with our reporting processes or applicable lawthat any of Your Content infringes the copyright or other rights of such thirdparty, or if we believe that your behavior violates our Community Guidelines, wewill send you a written warning to this effect. Any user that receives morethan two of these warnings is liable to have their access to the Platformterminated forthwith.
THE PLATFORM, INCLUDING, WITHOUTLIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGHOR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED "ASIS", "AS AVAILABLE", AND "WITH ALL FAULTS".
WHILST MUSITON INC USES REASONABLEENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON ASPRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO MUSITON INC ATTENTION, MUSITONINC MAKES NO PROMISES, GUARANTEES,REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED)REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANYCONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. MUSITON INC DOESNOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECUREOR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PARTOR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATESARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSITON INC DOESNOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BESECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZEDACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES,AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULARJURISDICTION.
MUSITON INC AND ITS SUBSIDIARIES,AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS,DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THEFOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TOTHE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESSOR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTIONLIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUTABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCHJURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL MUSITON INCAGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF $100DOLLARS OR THE AMOUNTS (IF ANY) PAID BY YOU TO MUSITON INC DURING THE PREVIOUSTWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
MUSITON INC AND ITS SUBSIDIARIES,AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS,DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USETHE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANYEXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT MUSITON INCMAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENTSUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANYOR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BYTHIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCHTHIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, ORANY ACTION TAKEN AS PART OF AN INVESTIGATION BY MUSITON INC OR ANY RELEVANT LAWENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THEPLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENTOR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE MUSITONINC WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOURUSERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY MISCONDUCT BY OTHER USERSOR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
ANY LOSS OR DAMAGE TO ANY COMPUTERHARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS ORDAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTIONARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TOMUSITON INC AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOUACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLEAND FAIR ALLOCATION OF RISK BETWEEN YOU AND MUSITON INC AND ARE FUNDAMENTALELEMENTS OF THE BARGAIN BETWEEN YOU AND MUSITON INC, AND THAT MUSITON INCLIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify,defend and hold harmless MusitonInc, its successors, assigns, affiliates,agents, directors, officers, employees and shareholders from and against anyand all claims, obligations, damages, losses, expenses, and costs, includingreasonable attorneys' fees, resulting from:
(iii) any activity related to youraccount, be it by you or by any other person accessing your account with orwithout your consent unless such activity was caused by the act or default ofMusiton Inc.
Data protection, privacy andcookies
Musiton Inc has an active communityof users, many of whom organize and attend face-to-face meetings at venues allover the world ("Meetups"). While Musiton Inc is generally supportiveof Meetups and may provide branded promotional materials to help organizerspromote their Meetups, Musiton Inc does not sponsor, oversee or in any waycontrol such Meetups. You hereby acknowledge and agree that your attendance andparticipation in any Meetups is entirely at your own risk and Musiton Inc doesnot bear any responsibility or liability for the actions of any Musiton Incusers or any third parties who organize, attend or are otherwise involved inany Meetups.
Competitions and other promotions
From time to time, some Musiton Incusers may promote competitions, promotions, prize draws and other similaropportunities on the Platform ("Third Party Competitions").MusitonInc is not the sponsor or promoter of these Third Party Competitions, and doesnot bear any responsibility or liability for the actions or inactions of anythird parties who organize, administer or are otherwise involved in anypromotion of these Third Party Competitions. If you wish to participate in anyof these Third Party Competitions, it is your responsibility to read the termsand conditions applicable to the relevant Third Party Competition and to ensurethat you understand the rules and any eligibility requirements, and arelawfully able to participate in such Third Party Competitions in your countryof residence.
If you wish to run your ownThird-Party Competition on the Platform, you are free to do so provided youcomply with our Competition Terms, which are available here.
Use of Musiton Inc players andwidget
The Platform includes access tocustomizable players ("Players"), and an embeddable version of theMusiton Inc mp3 player ("Widget") for incorporation into users’ ownsites, third party sites or social media profiles, whether or not a LinkedService. This functionality is provided to enable Uploaders to put theirContent wherever they wish, and to enable other users of the Platform to shareand distribute Content within the parameters set by the Uploader.
You may not, without the priorwritten consent of Musiton Inc, use the Players or the Widget in such a waythat you aggregate Content from the Platform into a separate destination thatreplicates substantially the offering of the Website, or comprises a contentservice of which Content from the Platform forms a material part. Similarly,you may not, without the prior written consent of Musiton Inc, use the Playersor the Widget to embed Content into any website or other destination dedicatedto a particular artist (except where the relevant Content is Your Content andyou are the person or are authorized to represent the person to whom the siteor destination is dedicated), or to a particular genre. You may not use thePlayers or Widget in any way that suggests that Musiton Inc or any artist,audio creator or other third party endorses or supports your website, or youruse of the Players or Widget. The foregoing shall apply whether such use iscommercial or non-commercial.
Musiton Inc reserves the right toblock your use of the Players and the Widget at any time and for any reason inits sole discretion.
Subscriptions and gift codes
Certain features of the Platformare only available to registered users who subscribe to a "Standard (Free)" or "Premium Account" plan (together, "StandardAccounts") or to Musiton Inc (Premium Accounts and Musiton Inc Go are eachreferred to as a "Subscrpition").
The purchase of Premium Accountsand gift codes related to Premium Accounts is subject to additional terms,which you will find here. In addition, the purchase of subscriptions forMusiton Inc Go is subject to additional terms, which you will find here.
The Premium Account Terms and theMusiton Inc Go Terms include, amongst other things, terms relating to payment,the conclusion, renewal and cancellation of your Subscription, including yourright of cancellation during the first 14 days of your Subscription, andcertain technical usage limitations.
The Premium Account Terms areapplicable to Standard and Premium Account users and the Musiton Inc Go Termsare applicable to Musiton Inc Go users in addition to these general Terms ofUse when they purchase a Subscription. Musiton Inc reserves the right to limitthe availability of Musiton Inc Go subscriptions to specific jurisdictions asmay be determined by Musiton Inc in its sole discretion from time to time.
Changes to the Platform, accountsand pricing
Musiton Inc reserves the right atany time and for any reason to suspend, discontinue, terminate or ceaseproviding access to the Platform or any part thereof, temporarily orpermanently, and whether in its entirety or with respect to individualterritories only. In the case of any temporary or permanent suspension,discontinuation, termination or cessation of access, Musiton Inc shall use itsreasonable endeavors to notify registered users of such decision in advance.
You hereby agree that Musiton Incand its subsidiaries, affiliates, successors, assigns, employees, agents,directors, officers and shareholders shall not be liable to you or to any thirdparty for any changes or modifications to the Website, Apps and/or any Servicesthat Musiton Inc may wish to make fromtime to time, or for any decision to suspend, discontinue or terminate theWebsite, the Services or any part or parts thereof, or your possibility to useor access the same from or within any territory or territories.
Musiton Inc may change the featuresof any type of account, may withdraw or, or introduce new features, products ortypes of account at any time and for any reason, and may change the pricescharged for any of its Subscriptions from time to time. In the event of anyincrease in the price or material reduction in the features of any Subscriptionwhich you have purchased, such change(s) will be communicated to you and willonly take effect with respect to any subsequent renewal of your subscription.In all other cases, where Musiton Inc proposes to make changes to any type ofSubscription you have purchased, and these changes are material and to yourdisadvantage, Musiton Inc will notify you of the proposed changes by sending amessage to your Musiton Inc account and/or an email to the then current emailaddress that we have for your account, at least six (6) weeks in advance. Youwill have no obligation to continue using the Platform following any suchnotification, but if you do not terminate your account as described in theTermination section below during such six (6) week period, your continued useof your account after the end of that six (6) week period will constitute youracceptance of the changes to your Subscription.
You may terminate this Agreement atany time by sending notice in writing to Musiton Inc at 167A Avenida Ramon RiosRoman 5186 Sabana Seca Puerto Rico 00952 confirming such termination, byremoving all of Your Content from your account, or by deleting your account andthereafter by ceasing to use the Platform. If you have a Subscription, andterminate this Agreement before the end of such Subscription, we are unable tooffer any refund for any unexpired period of your Subscription.
Once your account has beenterminated, any and all Content residing in your account, or pertaining toactivity from your account (for example, data relating to the distribution orconsumption of your sounds), will be irretrievably deleted by Musiton Inc,except to the extent that we are obliged or permitted to retain such content,data or information for a certain period of time in accordance with applicablelaws and regulations and/or to protect our legitimate business interests. You areadvised to save or back up any material that you have uploaded to your accountbefore terminating your account, as Musiton Inc assumes no liability for anymaterial that is irretrievably deleted following any termination of youraccount. Musiton Inc is not able to provide you with any .csv or other similarfile of data relating to activity associated with your account, whether beforeor after termination or cancellation. This data is provided and is accessibleonly for viewing via your account page on the Website for as long as youraccount is active.
Assignment to third parties
Musiton Inc may assign its rightsand (where permissible by law) its obligations under this Agreement, in wholeor in part, to any third party at any time without notice, including withoutlimitation, to any person or entity acquiring all or substantially all of theassets or business of Musiton Inc. You may not assign this Agreement or therights and duties hereunder, in whole or in part, to any third party withoutthe prior written consent of Musiton Inc.
Third party rights
Applicable law and jurisdiction
Except where otherwise required bythe mandatory law of the United States or any member state of the EuropeanUnion
(i) this Agreement is subject tothe laws of Puerto Rico, excluding the UN Convention on Contracts for theInternational Sale of Goods (CISG) and excluding the principles of conflict oflaws (international private law); and
(ii) you hereby agree, and MusitonInc agrees, to submit to the exclusive jurisdiction of the courts in bayamon,Puerto Rico for resolution of any dispute, action or proceeding arising inconnection with this Agreement.
Last Amended: 8 Nov 2019