1. What Are the OFFERINGS and these USER Terms?
2. What Other Policies or Terms Apply to Your Use of the OFFERINGS?
The Offerings may include links to other third party websites, and other websites may contain links to Muzit’s Website and/or Apps. Those other third party websites are not under Muzit’s control, so You use them at Your own risk. Muzit is not responsible or liable for any aspects, functions, legalities, or accuracies of such websites, and the inclusion of any link to a third party website does not imply any endorsement by Muzit. Accordingly, Muzit is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with such third party websites.
3. What Do You Have to Do to Register?
Some of the features of the Offerings will require You to register with Muzit by selecting an appropriate password and screen name (“Muzit User ID”) and providing certain personal information (“Your Personal Information”). Muzit may refuse to register and may cancel a Muzit User ID at any time. You are solely responsible for maintaining the confidentiality of Your account and password, and you agree to accept responsibility for all activities that occur under Your account or password. You must immediately notify Muzit of any security breach (e.g., unauthorized use of Your account) that you become aware of.
4. Are You Eligible to Use the OFFERINGS?
Muzit does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If You are under 13, please do not attempt to register for the Offerings or send any information about Yourself to Muzit. If we believe or determine that You are under 13, we will terminate Your right to access any part of the Website and/or the Apps for the Offerings that require registration. This provision and the right to access the Offerings is void where prohibited by law.
5. Do I Have to Pay to Use the OFFERINGs?
The Offerings are provided by Muzit at no charge. Charges will apply to any upgraded Artist Account, Fan Account and/or Advertiser/Marketer Account.
6. Prohibited Activities
In using the Website, Apps and/or Offerings, you agree not to:
Take any action or use, submit or distribute any text, media, materials or other content (together, “Content”) on or through the Offerings on the Website and/or Apps that breaches or infringes any third party intellectual property or other rights; is unlawful, threatening, harassing, defamatory, obscene, indecent, offensive, or pornographic; constitutes unauthorized or unsolicited advertising, crawling, phishing, spidering, or spamming; or interferes with or manipulates the Offerings or Muzit’s security, infrastructure, access restrictions, and/or any other feature of the Website, Apps and/or Offerings.
Use, deliver or transmit any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, timebombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information associated with the Website, Apps and or the Offerings.
Decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, Apps and/or Offerings
Modify, translate, or otherwise create derivative works of any part of the Website, Apps and/or Offerings
Use or otherwise transfer any of the rights that You receive for the benefit of a third party
Copy or store any content other than for personal, noncommercial use
7. How Can You or MUZIT Terminate the Agreement?
8. What Other Legal Terms Apply to the OFFERINGS?
Intellectual Property – The MUZIT name and logo and all related names, trademarks, service marks, design marks, slogans and domain names are the trademarks or service marks of Muzit. As between You and Us, we are the sole and exclusive owner of all intellectual property rights in and to the Website, Apps and/or the Offerings. All such rights are reserved.
Warranty Disclaimer and Limitation of Liability- YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE, APPS AND/OR THE OFFERINGS. THE WEBSITE, APPS AND/OR OFFERINGS ARE AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, APPS AND/OR OFFERINGS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE WEBSITE, APPS AND/OR OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE WEBSITE, APPS AND/OR OFFERINGS. WE HAVE NO DUTY TO UPDATE OR MODIFY THE WEBSITE, APPS AND/OR OFFERINGS AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE WEBSITE, APPS AND/OR OFFERINGS, THE USE OF THE WEBSITE, APPS AND OR OFFERINGS OR OUR AGREEMENT WITH YOU CONCERNING THE WEBSITE, APPS AND/OR OFFERINGS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.