Muzooka - Terms of Service

This document was last updated December 31, 2015.
  1. Introduction

    1. Welcome, and thank you for your interest in Muzooka. Muzooka is an online service owned and operated by us, Muzooka Inc. ('us,' 'we,' 'our'). We provide a social music experience that connects artists with the best live music opportunities. In addition to providing our services through a website located at www.muzooka.com (the 'Site'), we also provide our services through certain software applications ('Applications') downloadable to supported mobile devices, consumer electronic devices and other mechanisms owned and or distributed by certain of our licensors, including, without limitation, devices owned and distributed by Apple, Inc. ('Apple Devices' and 'Apple', respectively). For convenience, the Site, the Applications, and all other products and services offered by us through the Site, the Applications or through third party sites or applications on our behalf, are sometimes referred to together as the 'Service'. Such licensors, including Apple, are sometimes referred to as 'Third Party Providers'. We are solely responsible for the Services, not any Third Party Providers.
    2. These Terms of Service apply to all users of the Service, including users who may access the Service without registering and registered users, whether they are music fans, music artists or music producers. We urge you to read these Terms of Service and any other rules and guidelines, that may from time to time be presented to you through the Service, carefully, as these Terms of Service, and any other such rules, create a binding legal contract between you and us. By accessing the Site or using the Service in any manner you agree that you have read, understood, and agree to be bound by and comply with these Terms of Service, including any changes made to these Terms of Service by us from time to time. You further agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these Terms of Service, you are also agreeing that Apple will have the right to enforce these Terms of Service against you. You agree that you will not use the Service if, at any time, you do not agree to these Terms of Service.
  2. Registration

    1. Age and Legal Requirement. You guarantee that you are either 18 years old or older, or, if you are between the ages of 13 and 17, you have obtained the consent of your parents or legal guardian, and are able and competent to give us rights as detailed in these Terms of Service, and to comply with these Terms of Service. The Service is not intended for children under the age of 13 and in no event shall any child under the age of 13 use the Service. You also guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    2. You Promise You Have Authority to Act for Group. If you are using or opening an account on behalf of other persons (such as members of a performing group or band other than you, or a company, entity, or organization), then you promise to us that you have the authority to do so and bind those other persons.
    3. Registration. Anyone meeting our age requirement may be able to access the Service and browse certain elements of the Service without having to register. However, in order to access the primary offerings on the Service, you will need to register with us. If available, you may elect to register with us using your information from Google+, or from Facebook using the Facebook Connect function. In doing so, you understand that you are allowing us to connect with your information on Google+ or Facebook, respectively. Please see our Privacy Policy regarding our collection, use and protection of information you provide to us.
    4. You Are Responsible For Your Login Information. As a registered user of the Service, you will set-up and maintain your own login information, such as a username and password. Please remember that your account is personal to you and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs on your account, you should take special care to preserve the confidentiality of your username and password. You agree to notify us immediately if you suspect someone else of taking your login information without your permission by sending an e-mail to support@muzooka.com. You will be solely responsible for anything that happens to us or the Service due to any unauthorized use of your account that takes place prior to notifying us that your account has been compromised.
    5. You Are Responsible For Your Unique URL. When you register with us, we give you the flexibility to choose your own URL for your account (for example, https://muzooka.com/u/shawn) ('URL'). You will be solely responsible and liable for any activity that occurs under your URL. We will maintain ownership of the URL and grant you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the URL in connection with your use of the Service.
  3. Accessing the Service

    1. Service Is For Limited Use Only. The Service allows music artists and live music venues to discover connect with each other. We grant to you a non-exclusive, non-transferable, limited license to use the Service solely for such purpose or for any other purpose expressly permitted as a part of the offerings on the Service. We also grant you a non-exclusive, non-transferable, limited license to use the Applications (i) on any Apple Device that you own or control as permitted by the Usage Rules set forth in Apple's App Store Terms of Service at http://www.apple.com/legal/internet-services/itunes/us/terms.html#SERVICE or (ii) on any other compatible devices that you own, in accordance with that device’s applicable terms. You will not use (e.g., copy or distribute) any part of the Service, including any materials obtained from the Service, in any other manner without our prior written authorization, or unless such use is expressly permitted by us as a part of the offerings on the Service.
    2. Other Terms That Govern Your Use of Service. You understand that there are other terms and policies that supplement these Terms of Service and you agree that you will comply with them as well. These additional terms and policies are a part of these Terms of Service so that, together, they make one entire agreement to which you are agreeing. Unless we say otherwise, if there are additional terms or policies that conflict with language that is contained in these Terms of Service, then those additional terms and policies are the terms that you will need to abide by. Additional terms and policies include:
      • Privacy Policy. Our Privacy Policy covers how we collect, use and protect information that you provide to us or that we learn about you as a result of your interaction with us through the Service.
      • Software Licenses. Any software license agreement(s) we may establish to cover the software contained in the Services, or which you may use in connection with the Services.
      • Third Party Provider Terms. You agree to comply with any terms and conditions applicable to any Third Party Providers in connection with your use of the Service, including the Usage Rules for Apple as provided in Section 2(a) above.
      • Technical Policies. We may establish technical policies and limits concerning use of the Service, including, without limitation, the maximum number of and size of content you may upload and share on the Service, the maximum disk space allotted to your account, the maximum storage and bandwidth used by your account, and how long inactive user accounts will be retained.
      • Billing and Refund Policies. We may establish policies describing how we bill and/or offer and process refunds for certain products and services offered through the Service. These policies would supplement the general terms that are found in these Terms of Service regarding billing and refund policies.
    3. Certain Product or Service Offerings. From time to time, we may introduce certain products or services to the Service which may be governed by additional terms and conditions that we may require you to agree to prior to accessing them.
    4. U.S.-Based Service. The Service is controlled and offered by us from our facilities in the United States. We make no promise to you that the Service is appropriate or available for use in other locations. You will not access the Service from territories where any content or features that are available on or through the Service is illegal. If you do so anyway, it is at your own risk.
    5. Service Content. The technology platform, web tools, applications, content, visual interfaces, interactive features, information, graphics, design, artwork, photographs, images, screen shots, text, music, digitally downloadable or streamable files, video clips, trademarks, logos, product and character names, slogans, computer code, products, software, services, the compilation of the foregoing, and all other elements of the Service that are provided by us, our licensors or content providers, or other Service users in connection with the Service ('Service Content'), are valuable proprietary and intellectual property of us or our partners. Service Content is protected by all laws and regulations relating to intellectual or proprietary property, such as, for example patent, copyright, trademark and trade secret. You agree not to use Service Content in any manner (e.g., reproduce, distribute, display, publicly perform, revise, create derivatives of, copy, publish, sell, license, or edit) unless we expressly permit that use as a part of the offerings on the Service. Any attempt to use Service Content in violation of our rights or the rights of others is strictly prohibited. Although we make efforts to insure that all material on the Service is correct, accuracy cannot be, and is not, guaranteed.
    6. Mobile Devices. The Service that you access on your computer through the Site may also be accessed through our Applications downloadable to supported mobile devices, consumer electronic devices and other mechanisms (except you can’t upload music through the Applications). In order to access and use the Applications on your mobile device, you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which we make the Applications available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Applications, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Applications. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service or the Applications. Any equipment or software causing interference will be immediately disconnected from the Service and we will have the right to immediately terminate your access to the Service and the Applications. If any upgrade in or to the Service and/or the Applications requires changes in your equipment or software (including the operating system for your device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service and/or Applications, including the release of new products and services, will be subject to the terms and conditions of these Terms of Service.
  4. Your Content

    1. Submitting Your Content. By accessing certain features of the Service, you will have the ability to publish, post, or upload materials, including musical recordings, images, photographs, artwork, text, weblinks, information, design, trademarks, logos, graphics, and other materials owned or controlled by you ('Your Content'). All of Your Content shall be subject to these Terms of Service, including the following rules under the 'Submission Rules' paragraph below.
    2. You License Your Content To Us. By providing Your Content through the Service, you are automatically giving us a non-exclusive (meaning that you are free to license Your Content to anyone else in addition to us as long as you do not give them an exclusive license or ownership), sub-licensable (solely so that we can use our affiliates, partners and other subcontractors such as Internet content delivery networks and wireless carriers to provide the Service), worldwide (because the Internet and the Service are global in reach), [perpetual (meaning that we will always have the right)], fully-paid and royalty-free (meaning that we are not required to pay you or anyone else any money for use of Your Content) license to use, modify (reasonable efforts will be made to preserve the integrity of Your Content, but occasionally a technical modification, such as compressing the file, may be necessary and would change the content), publicly perform, publicly display (for editorial or promotional purposes), reproduce, distribute and otherwise exploit Your Content on or through the Service, including to promote and market the Service and our business, generally, without the requirement to seek your permission or permission of anyone else. For the avoidance of doubt, we will not use Your Content for any out-of-context marketing or promotion purposes.] [Your license to us will last as long as Your Content is available on or through the Service until you terminate your account or remove any particular item of Your Content by following the termination or removal procedures described elsewhere in these Terms of Service. Our license to use Your Content does not give us any license to use Your Content in any manner other than as described in these Terms of Service (for example, we won't sell your music or let a third party sell your music unless that becomes something that we offer to our users as a part of the Service and you want us to do that for you).
    3. You Still Own Your Content And May Continue To Use It. As between you and us, you retain your ownership rights in Your Content that you provide to us and which does not incorporate any of the Service Content. Additionally, as mentioned above, our right to use Your Content is non-exclusive. That means that after posting Your Content on the Service, you continue to have the right to use and allow others to use Your Content in any way you choose. However, please be reminded that you will not be able to give another person or entity exclusive rights or ownership to Your Content while it is under license to us unless that person or entity makes an exception for us.
    4. Removal Of Your Content. We may, at any time and without notice to you, delete or otherwise disable access to any of Your Content that, in our sole judgment, violates these Terms of Service or is otherwise inappropriate for the Service. You may also remove any of Your Content submitted or posted by you to your account at any time by sending an email notification with such request to support@muzooka.com or logging in to your account with us and using the edit/delete prompts on your dashboard for the particular content you wish to change. We will remove items of Your Content within a reasonable time following our receipt of your email request.
  5. Submission Rules

    1. Your Content Will Not Contain Anything Illegal or Abusive. You understand that you are responsible for all aspects of Your Content, and you agree not to post in Your Content anything that is unlawful, harmful, defamatory, libelous, obscene, invasive of the privacy of another person or entity, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate, as may be determined by us in our sole discretion. Please exercise good judgment in uploading Your Content so that we do not have to resort to removing such postings or terminating your account with us, which we may do in our sole discretion.
    2. Your Content Will Not Violate Third Party Rights. You agree that Your Content will not contain personal information about any individual other than yourself, violate the privacy/ right of publicity of any other individual or entity, or contain anything that you are under a contractual obligation to keep private or confidential. You agree that, in creating your account and using the Service, you will not impersonate any person or organization, including, for example, people who work for us or other artists or persons who use the Service. You further agree that you will not say you are affiliated with another person or organization when you are not. Nor will Your Content contain any untrue comments about other people or entities that defame their reputation, or any materials that infringe, misappropriate or otherwise violate any copyright, trademark, patent, trade secret or other intellectual property right of any other person or entity.
    3. Your Content Will Not Contain Commercial Solicitations. You agree that Your Content will not contain any business or commercial solicitations (other than, of course, with regard to your services and/or products as an artist/producer).
    4. Your Content Will Not Contain any Viruses, Corrupting Files or Interference. You agree that you will not post and Your Content will not contain any software, files or links to other websites, and that Your Content does not and will not contain any “harmful” or “malicious” code (as such terms are generally defined and understood in the computer programming industry) or programming devices (e.g., viruses, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Service or any other software or hardware. You also agree that you will not modify in any way any specifications, technology or application codes provided to you by us or as embedded in Your Content without our prior written consent.
    5. You Will Not Share Registration or Account Information. You may not share or transfer your password or other access information with any other party, temporarily or permanently. As mentioned above, you are solely responsible for all use of your account and for the confidentiality of your password.
    6. You are Responsible for Your Content. You understand that you are solely responsible for Your Content and the consequences of posting or publishing any of it, and that we are not responsible in any way for the information, data, text or other materials that may appear in any of Your Content. We do not endorse and have no control over any of Your Content. YOUR CONTENT IS NOT NECESSARILY REVIEWED BY US PRIOR TO POSTING OR MONITORED BY US AFTER POSTING (NOR ARE WE OBLIGATED TO DO SO) AND WE MAKE NO PROMISES OR GUARANTEES OF ANY KIND AS TO ANY OF YOUR CONTENT, INCLUDING WITHOUT LIMITATION, AS TO ITS NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITE. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH ANY USE OF ANY OF YOUR CONTENT.
    7. Your Content Will Be Made Public. You understand that by submitting Your Content to the Service, Your Content will be made public.
    8. Your Promises to Us for Your Content. In connection with your posting of any of Your Content, you promise, represent and warrant to us that:
      1. You own, or have the necessary licenses, rights, consents, and permissions to use and sell, and authorize us to use, all patent, trademark, copyright, or other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the Service and otherwise in the manner contemplated by us under these Terms of Service, and to grant the rights and license described above (this means that, for example, you have not given a third party, such as a record label or a music publisher, any rights to your musical works that would prevent you from giving those rights to us); and
      2. Our use of Your Content will not:
        1. infringe, violate, or misappropriate any third-party right, including any contractual, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
        2. slander, defame, libel, or invade the right of privacy, publicity or other proprietary rights of any other person or entity;
        3. violate any applicable law, rule, guidelines or regulation; or
        4. require obtaining a license from, or paying royalties to, any third party for the exercise of any rights granted in these Terms of Service, including, for example, the payment of any record royalties to any record companies, any mechanical or synchronization royalties to any music publishers, or any public performance royalties to any performing rights organization (e.g., ASCAP, BMI, SESAC), including for any clips or previews of Your Content.
    9. Indemnification. You agree to hold us harmless and to pay or reimburse us (and 'us' in this Section 5(i) means our parent(s), subsidiaries, shareholders, members, managers, affiliates or any related companies, licensors, licensees, suppliers, and our and their respective directors, officers, employees, agents, representatives, successors, assigns, contractors, and end users who access Your Content via the Service) for all claims, suits, losses, damages, judgments, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees, including any incurred in enforcement of this indemnity) of any kind which are in any way related to (a) your use or misuse of the Service; (b) Your Content, including our or any person's or entity's use (e.g., reproduction, distribution, public performance, public display, modification, editing, adaptation, or other exploitation) of any of Your Content consistent with these Terms of Service; or (c) your violation of these Terms of Service including if any of your promises to us regarding Your Content are broken or are untrue. We reserve the right, at your expense, to assume the exclusive defense and control of any matter described in this Section 5(i) and you agree to fully cooperate with our defense of these claims. You shall not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. WE HAVE NO OBLIGATION WHATSOEVER TO PAY OR REIMBURSE YOU OR ANY OTHER PARTY FOR ANY CLAIMS, SUITS, LOSSES, DAMAGES, JUDGMENTS, INJURIES, LIABILITIES, COSTS, FEES AND EXPENSES OF ANY KIND WHICH ARISE IN ANY WAY RELATED TO YOUR USE OF THE SERVICE AND YOU HEREBY WAIVE AND RELEASE US FROM ANY AND ALL CLAIMS AGAINST US ARISING FROM THE FOREGOING TO THE FULLEST EXTENT PERMITTED BY LAW.
    10. Liking/Rating Features on the Service. Certain features of the Service will allow you to like on, rate, and/or rank a particular artist (collectively, “Like”). For any Voting features that are available on the Service, you must follow instructions on the Service to submit your Likes, including any restrictions set forth with respect to limitations on Voting. Likes received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for Likes is prohibited. Likes generated by script, macro, bot, or other automated means or any other means intended to impact the integrity of the Voting process as determined by us may be void and disqualified. We assume no responsibility for incorrect/inaccurate Voting information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Likes. We may, at our discretion, modify, terminate, or suspend the Voting or void any Like should a virus, bug, non-authorized human intervention, action of Liker, or other cause corrupt or impair the administration, security, or fairness of the Voting. We reserve the right, in our sole discretion, to disqualify any individual we find to be violating these Terms of Service, tampering with the Voting process, or acting in an unsportsmanlike or improper manner and void all associated Likes. Our decisions with respect to all aspects of any Voting element are final and binding, including, but not limited to, with respect to the tallying of Likes and the invalidation or disqualification of any suspected Likes or Likers. You may also be given the opportunity to participate in Voting features in a third party application or feature (such as through Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
    11. Third Party Websites and Services. The Service may link to, or direct you to websites, services and/or products not maintained by or related to us, such as, without limitation, Facebook, Twitter and Google+. Such opportunities are provided as part of the Service and are not sponsored by or affiliated with us. We make no promise or guarantee to you about the safety, content, completeness, or accuracy of those third party websites, services and/or products. Your use of any such third party website, even when you access it from the Service, is subject to the terms and conditions, including the privacy policy, of that third party website. In that connection, you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party website found on or through the Service.
  6. Service Provided to You 'As Is'

    1. NO GUARANTEES MADE BY US ABOUT THE CONTENTS OF THE SERVICE. THE MATERIALS IN THE SERVICE (INCLUDING ANY CONTENT, GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED 'AS IS' AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. WE DON’T UNDERTAKE ANY OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

      IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. WE DO NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS, INCLUDING RANKINGS, REVIEWS, OR THE CONTENT OF OTHERS (“USER SUBMISSIONS”) AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER SUBMISSION. WE ARE NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND WE DON’T GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, WE CAN’T ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THE SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, WE ARE MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND ARE NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY OURS OR THOSE OF OUR AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
    2. NO GUARANTEES MADE BY US ABOUT THE OPERATION OF THE SERVICE. WE MAKE NO PROMISE OR GUARANTEE ABOUT THE RELIABILITY OR PERFORMANCE OF THE SERVICE, AND WE WILL NOT BE LIABLE TO YOU IN THE EVENT OF ANY FAILURE OF THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL AND/OR SYSTEMS WILL BE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE OPERATION OF THE SERVICE OR SOFTWARE THEREIN, AND THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE. IN ADDITION, WE MAKE NO GUARANTEES REGARDING THE AMOUNT OF TIME THAT ANY SERVICE CONTENT OR YOUR CONTENT WILL BE PRESERVED.
    3. LIMITATION OF OUR LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANY OF OUR THIRD PARTY PROVIDERS, INCLUDING APPLE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, NOR WILL WE OR ANY OF OUR THIRD PARTY PROVIDERS, INCLUDING APPLE, BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  7. Changes to These Terms of Service

    Our business and the environment in which we operate change constantly. These Terms of Service may also change as we see the need for updates. We reserve the right, at any time and without notice, to add to, change, update or modify these Terms of Service simply by posting such change, update or modification on the Service. Any such change, update or modification will be effective immediately upon posting on the Service. You should check our Service frequently to see the most recent version of these Terms of Service.

  8. Availability of Service; Customer Support

    1. We may make updates or changes to or discontinue any of the features, media, content, communities, products, software, or services available within the Service at any time, and without notice.
    2. We are solely responsible for providing any maintenance and support services with respect to the Services as specified in these Terms of Services or as required under applicable law. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications for Apple Devices.
    3. Any customer support questions, complaints or claims about the Service, including the Applications, may be directed to us at:

      support@muzooka.com or if sent by mail to:
      Muzooka Inc.
      P.O. Box 93014, Southlake, TX 76092
      Attn: Privacy Policy Department, Muzooka

      However, do not use the above information to contact us about any intellectual property claims (e.g., if you believe content hosted on the Service infringes on your copyright). For such kinds of claims, please refer to Section 9.

    4. We, not Apple, are responsible for addressing any of your claims or the claims of any third party relating to the Applications for Apple Devices or your possession and/or use of the Applications for Apple Devices, including, but not limited to: (i) product liability claims; (ii) any claim that the Applications for Apple Devices fail to conform to any applicable legal or regulatory requirement; (iii) any claims arising under consumer protection or similar legislation; and (iv) any claims of intellectual property infringement. Please see Section 9 for procedures regarding intellectual property claims.
    5. Interaction With Other Users. Your use of the Service may bring you into contact with other users, and their content. You are solely responsible for your contact and involvement with other users. IF YOU HAVE A DISPUTE WITH ANY USER(S), YOU RELEASE US (AND OUR PARENT, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, MANAGERS, AFFILIATES OR ANY RELATED COMPANIES, LICENSORS, LICENSEES, SUPPLIERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS AND CONTRACTORS) FROM ALL CLAIMS AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES.
  9. Termination

    1. By Us. We may, in our sole discretion and for any reason or no reason, with or without notice, terminate your account, disable access by other users to any of Your Content, disable your access to the Service or any related services including support, and/or terminate any license granted to you hereunder (including licensed rights to any content or materials downloaded by you during your use of the Service), at any time. You agree that we are not and shall not be liable to you or any third-party for any termination. We do not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Service, and reserve the right to terminate access to the Service, in cases of actual or suspected fraud, or violations of these Terms of Service or other laws, rules or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
    2. By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at support@muzooka.com. You may terminate your use of the Service by closing or deleting your account, discontinuing your use of any and all parts of the Service, or providing us with notice of termination at support@muzooka.com.
    3. Certain Terms Still Apply After Termination. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
  10. Procedures for Intellectual Property Infringement Claims

    1. Copyright Notices. If you are a copyright owner or a copyright owner's agent and you believe any content submitted to and hosted on the Service infringes your copyright(s), then you may submit a notification by following the rules of the Digital Millennium Copyright Act ('DMCA'), which require that you notify our designated copyright agent with the following information in writing:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that you claim is infringed;
      2. A description of the copyrighted work that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the Service;
      4. The address, telephone number, and/or electronic mail address at which the complaining party may be contacted;
      5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      It is our policy to respond to notices of alleged infringement that comply with the DMCA. Accordingly, you understand that if you fail to comply with all of the requirements of the DMCA listed above, your notice may not be valid. We will promptly terminate without notice the accounts of users that are determined by us to be 'repeat infringers.'
      Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attn: Muzooka Copyright Office, [P.O. Box 93014, Southlake, TX 76092], or by electronic mail at copyright@muzooka.com. This contact information is only for reporting alleged copyright and other intellectual property infringement claims. Contact information for other matters is provided elsewhere in these Terms of Service, on the Site or within the Applications.
    2. Other Claims. If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item on the Service infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.
    3. No False Claims. Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
  11. Miscellaneous

    1. No Partnership Formed. Both you and we acknowledge and agree that no partnership or other agency relationship is formed and neither of you nor we have the power or the authority to obligate or bind the other, whatsoever. Neither of you nor we have any fiduciary duties to each other.
    2. Texas Law Governs. These Terms of Service will be governed by and construed in accordance with the internal laws of the State of Texas without regard to its conflicts of laws principles.
    3. Arbitration. If a dispute arises under these Terms of Service which cannot first be resolved through good faith negotiations, the dispute will be submitted to arbitration and resolved by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect as modified herein. All arbitration will be confidential and take place at the office of the American Arbitration Association located in or closest to Southlake, Texas. The award or decision rendered by the arbitrator is final, binding and conclusive and judgment may be entered upon the award by any court of competent jurisdiction. We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action.
    4. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF SERVICE.
    5. No Assignment. You may not assign or delegate any of your rights or obligations under these Terms of Service to any other party, and any purported assignment in violation of the foregoing shall be null and void. We may freely assign or delegate these Terms of Service to any other party without limitation.
    6. No Waiver. Our failure to insist, in any one or more instances, on performance of any of the terms and conditions of these Terms of Service shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of such term or condition, but your obligations, with respect thereto, shall continue in full force and effect.
    7. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms of Service is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
    8. No Export of Software. Software that may be available in connection with the Service (the 'Software') is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
    9. Headings. The headings in these Terms of Service are for your convenience and reference and do not limit or affect these Terms of Service.
    10. Entire Agreement. These Terms of Service, together with those items made a part of these Terms of Service by reference, including the Privacy Policy and any additional terms, make up the entire agreement between us relating to the Service, and replace any prior understandings or agreements (whether oral or written) between us regarding the Service.

Muzooka - Privacy Policy

This document was last updated December 31, 2015.

Muzooka is an online service owned and operated by us, Muzooka Inc. ('us,' 'we,' 'our'). We provide a social music experience that brings unsigned and independent music artists, the world’s top music producers and music fans together in one space to discover and share music. In addition to providing our services through a website located at www.muzooka.com (the 'Site'), we also provide our services through certain software applications ('Applications') downloadable to supported mobile devices, consumer electronic devices and other mechanisms owned and or distributed by certain of our licensors, including, without limitation, devices owned and distributed by Apple, Inc. ('Apple Devices' and 'Apple', respectively). For convenience, the Site, the Applications, and all other products and services offered by us through the Site, the Applications or through third party sites or applications on our behalf, are sometimes referred to together as the 'Service'.

We know that you care about how your personal information is used and shared and, accordingly, are committed to protecting the privacy of your personal information.  This Privacy Policy explains how we collect and utilize your personal information when you use the Service.  We urge you to read this Privacy Policy and any other rules and guidelines, that may from time to time be presented to you through the Service, carefully, as this Privacy Policy, and any other such rules, create a binding legal contract between you and us.  By accessing the Site or using the Service in any manner you agree that you have read, understood, and agree to be bound by and comply with this Privacy Policy, including any changes made to this Privacy Policy by us from time to time, including without limitation, our collection, use and disclosure of your information as provided in this Privacy Policy.

Why do we collect personal information?

We collect personal information generally for the purpose of improving how we operate and offer the Service and for providing a superior level of customer service to our users. We also collect that information so we can keep you updated on the Service, including, for example, software updates, modifications to terms and conditions on the Service, special offers and promotions.

What types of information do we collect?

Information You Provide To Us

You must register with us and open an account on the Service in order to access many parts of the Service, and the collection of personally identifiable information is necessary to enable you to create and maintain your account. Personal information that you provide to us may include: (i) your name and email address (such as for the purposes of creating a user account ID); (ii) your billing information (such as mailing address and phone number); (iii) your location information (such as zip code or postal code and country); and (iv) demographic information (such as language, gender and age, and, if applicable, personalization information).

You should be aware that when you voluntarily disclose any personal information via any forum, blog or comment section offered on the Service, it is public and can be read, collected or used by other users of the Service, which may result in your receiving unsolicited messages. You also acknowledge and agree that any such information will be publicly available and that you shall be solely responsible for the consequences of any information that you may post.

Information Collected from You with Technology

We may collect some information about you using automated methods, which may mean that it will not be obvious to you that information is being collected. That information may include non-personally identifiable information such as your computer's or mobile device’s IP address or other unique identifier, your domain server, your type of computer or mobile device, your type of web browser, and statistical information regarding the pages that you visit, as well as the items viewed in the Service. We use information collected through such technologies to make our Service more interesting, engaging and useful to you and to other users and our partners and sponsors of the Service, which may include advertisers. For example, statistical information can help us track which areas and features of the Service are more popular, so that we can better customize content to the interests of our users. We will combine information collected by automated methods with personally identifiable information only to identify a visitor in order to protect our systems, operators, the Service, and the users of the Service, when required by law, or when needed to help resolve a technical issue a user may be having while viewing or using the Service.

The Service does not currently recognize automated web browser tracking method signals, such as “do not track” instructions. You can change your privacy preferences regarding the use of cookies and other technologies through your browser, including blocking all cookies; however blocking all cookies may affect your use of our Service and other websites and services online, and may prevent you from using all the features and elements of our Service and other websites and services.

Information Collected From You Using 'Cookies'

We may collect some information about you through cookies. “Cookies” are pieces of information that the Service sends to your device while you are visiting and using the Service. These pieces of information allow the Service to remember important information that will make your use of the Service more useful. You can choose to have your device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Safari, Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help Menu to learn the correct way to modify your cookies. However, remember that if you turn cookies off when visiting our Service, you may not have access to many features that may make your experience more efficient and parts of the Service may not function properly.

How do we use the information that has been collected?

We use personal information you provide to us in a number of ways. We use the information to communicate with you about your account. For instance, if you contact us for help, we will use your information to contact you. In some instances, information we collect is used to send you email updates and newsletters about the Service, including, for example, products and services you have accessed through the Service. We may also use the information you provide to send you email promotions and special offers from us or our third-party sponsors, affiliates and partners. Sometimes another user may provide us with your email address so that we may, per the request of such other user, invite you to use certain products and services. On rare occasions, it may be necessary to send out a strictly service-related announcement to users, such as, if the Service is temporarily suspended for maintenance.

We use the general information we collect about you through your use of the Service in both the aggregate (e.g., to understand general usage of the Service and to track content usage, such as installation of software, for the purpose of reporting and calculating royalties and other license fees to content providers), and to provide you with certain features of the Service (e.g., your personal statistics on engagement with the Service, such as the number of songs you have listened to, the percentage of those songs by genre, the number of artists and/or playlists you are following, if an artists or playlist you are following has a new track, etc.). Finally, we may use demographic data and/or other Service usage data to customize and tailor your experience on the Service, displaying content that we think you might be interested in.

Please remember that certain things you do on the Service are public and can be seen by other users. For example, (i) any playlist you create is on your profile and publicly visible; (ii) the artists and/or playlists that you are following are on your profile and publicly visible. In the future, we may make certain other parts of the Service public and viewable by other users, including but not limited to Quality Score and Taste Maker Indexes.

Do we share information with companies or other organizations not affiliated with us or the Service?

Generally

You are one of the most valuable assets of our business. We aren't in the business of selling information about our users. However, if we believe that there may be a value to our users, we may share your information or send you messages on behalf of another company, but only to the extent that you have given us permission to do so. We may also share information for security and related reasons.

Companies That Are 'Standing in Our Shoes'

From time to time, we may hire companies to help us manage all or part of the Service. In those instances, we will need to share your information with them. These companies are basically 'standing in our shoes', and they are allowed to use your information only to perform or manage the applicable parts of the Service as we direct.

Companies Offering Promotions, Products, or Services

On occasion, we may offer promotions - like sweepstakes or free subscriptions - in conjunction with a sponsor. We will share your information with the sponsors, if they need it to send you a product, such as a contest prize. We may share your information with those sponsors so that they can send you other special promotions they offer, but only if you give us your permission to do so, and we will share it only with that specific sponsor. In addition, we may occasionally send email promotions to you on behalf of third-party sponsors. In this instance, we don't share your name with the third party - we do the mailing for them. Again, we only send these promotions to you if you've opted in to receive such email communications.

Content Partners

We may provide a link to content that is created by a third-party partner or affiliate service. For example, we may link to partner or affiliate services that offer products or services through our Service. In some instances, the third-party partner and affiliate services will collect information in order to facilitate the transaction or to make the use of their content more productive and efficient. In these circumstances, the information collected may be shared between us and our third-party partners. Certain third-party partners and affiliates may also have their own privacy policies posted on their services, which we encourage you to review, since email communications and other uses of your information by such third-party partners or affiliates will be subject to the terms of those privacy policies.

In addition, we may be required to provide specific access and usage information to certain content providers as a condition of licensing their content for use via our Service. In such cases, we may provide content usage, access, demographic and other information in the aggregate (i.e., without your personally identifiable information) to our content providers.

Links to Other Services

Our Service may also contain links to outside services with which we do not have affiliation, partnership or other cooperative agreement. We do not share your personal information with those services and we are not responsible for their privacy practices, but when you go to their services, you are subject to their privacy policies. We encourage you to learn about the privacy policies of those companies.

Purchase or Sale of Business

Our online business is changing and evolving every day. As we continually look for ways to improve our business, we may buy or sell a business entity. If we buy or sell an entity, or the business of an entity (or our company as a whole), the names previously collected by that entity will likely be transferred as a part of the sale. Information about users will be used in the aggregate.

Organizations That Help Protect the Security and Safety of Our Users and Our Services

We will give out personal information as required by law, for example, to comply with a court order or subpoena; to enforce our Terms of Service or similar service rules; or to protect the safety and security of users and our systems and the Service.

How do we keep your personal information safe?

We follow generally accepted industry security standards designed to safeguard and help prevent unauthorized access to and disclosure and use of personal information. While no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to try to ensure the protection of your personal information.

What choices do I have about your collecting, using, and sharing my information?

At the time when we collect your email address, you may be given the ability to subscribe to receive email communications from us or our third-party partners and affiliates. When receiving such emails, you will have the ability to 'unsubscribe' from receiving future emails using a hyperlink included at the bottom of each email. You may also unsubscribe from receiving such emails by accessing your account through the 'My Account' section of your dashboard located on the Site. Some emails may be optional (e.g., receiving an email notification when you have a new message delivered through the Site), while some emails are non-optional (e.g., service updates). To unsubscribe from the non-optional emails, you must delete your user account. You can have your user account deleted by sending a request for the deletion of your user account to support@muzooka.com or by accessing your account on your dashboard and selecting the function to delete your account. Data in the aggregate form of all Users combined may be shared with our third-party partners and affiliates but data specific to individual Users will not be shared with third-party partners and affiliates.

Also, as mentioned above, there are ways to limit the information collected through technology by blocking 'cookies' - though some of our features won’t work if you decide to do this.

Texas Privacy Rights

Under Texas law, if you are a resident of Texas, you are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes. In response to your written request, we will identify the categories of information shared, if any, and will include a list of the third parties and affiliates with which it was shared, as well as their addresses. If you want to submit such a written request, please submit it by email to support@muzooka.com or by U.S. mail at the address set forth below.

The U.S.- EU Safe Harbor

Our servers and all collected data and information is collected on servers located in the United States, and subject to the laws of that country.

To learn more about the Safe Harbor Framework, and to view our certification, please visit http://www.export.gov/safeharbor.

How do I access or change my personal information?

You can access, review, update and correct personal information you have provided to us by clicking on the My Account section of your dashboard located on the Site. If you prefer, you can also contact us by sending an email to support@muzooka.com explaining how you would like to modify your preferences. You agree to promptly update your account information if it changes or is inaccurate.

What is your policy regarding minors?

For the safety of minors, and in compliance with the Children’s Online Privacy Protection Act, we (i) do not permit children under 13 years of age to become registered users of the Site; and (ii) request that children between the ages of 13 and 17 not fill out any personal information on our Service without first receiving the approval of a parent or guardian. If you are under 13 years of age, you may not use the Service.

Whom do I contact with questions or concerns about this Privacy Policy?

If you need further assistance, have questions about the privacy aspects of our products or services or would like to make a complaint, please send an email message with your questions or comments to
support@muzooka.com or if sent by mail to:
Muzooka Inc.
P.O. Box 93014, Southlake, TX 76092
Attn: Privacy Policy Department, Muzooka

How will you make changes to this Privacy Policy?

Our business and the environment in which we operate change constantly. This Privacy Policy may also change as we see the need for updates. Use of the information that we gather now is subject to the terms of the then-current Privacy Policy in effect at the time of use. We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy simply by posting such change, update or modification on the Service. Any such change, update or modification will be effective immediately upon posting on the Service. You should check our Service frequently to see the most recent version of this Privacy Policy.

icon-embed-bit Created with Sketch. icon-embed-fb Created with Sketch. icon-embed-insta Created with Sketch. icon-embed-mix Created with Sketch. icon-embed-sc Created with Sketch. icon-embed-sk Created with Sketch. icon-embed-sp Created with Sketch. icon-embed-tw Created with Sketch. icon-embed-web Created with Sketch. icon-embed-yt Created with Sketch. icon-embed-ih Created with Sketch.