Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version available on http://www.muziic.com/tos.php. Muziic may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Muziic does not host any audio, video, or collectively "multimedia" files. Muziic aggregates certain content from the YouTube API. You need to become familiar with and agree to the YouTube terms of service notice found at http://www.youtube.com/t/terms, the YouTube privacy notice found at http://www.youtube.com/t/privacy and the YouTube Community Guidelines found at http://www.youtube.com/t/community_guidelines before using Muziic.
These Terms of Service apply to all users of Muziic, including users who are also contributors of multimedia content, information, and other materials or services on Muziic, or through Muziic’s API access. Muziic includes the website and all other aspects, including but not limited to all products, software and services.
With respect to album artwork, song "buy links", or collectively "metadata" displayed in relation to multimedia within the Service, Muziic retrieves this data from third-party providers and partners through an automated process, and therefore cannot guarantee the accuracy of the metadata as it relates to the song currently being played.
You understand that when using the Muziic Website, you will be exposed to User Submissions from a variety of sources, and that Muziic is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Muziic with respect thereto, and agree to indemnify and hold Muziic, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You are responsible for any activity that occurs under your IP and/or User name. You are responsible for keeping your password secure. Muziic will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Muziic or others due to such unauthorized use. You may not use Muziic for any illegal or unauthorized purpose. All users agree to comply with all local laws regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, audio, videos, profiles, links (“content”) that you submit, post, and display on “Muziic”, the Muziic.com website, or other services including but not limited to the Muziic Player. You agree not to circumvent, disable or otherwise interfere with security-related features of the Muziic Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Muziic Website or the Content therein. You must not, in the use of Muziic, violate any laws in your jurisdiction, or national, and international laws and regulations (including but not limited to copyright laws). Muziic reserves the right to discontinue any aspect of our services at any time. Muziic will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
Digital Millennium Copyright Act - YouTube Content ("On-Demand")
All On-Demand streaming music, audio, video content and related services accessed through Muziic are stored on YouTube’s servers, aggregated through the YouTube API and streamed through the YouTube chromeless player. YouTube LLC is fully compliant with the laws of the Digital Millennium Copyright Act.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have 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
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YouTube's designated Copyright Agent to receive notifications of claimed infringement is: Heather Gillette, 901 Cherry Ave., San Bruno, CA 94066, email: firstname.lastname@example.org, fax: 650-872-8513. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to YouTube customer service through http://www.google.com/support/youtube. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, YouTube may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YouTube's sole discretion.
Digital Millennium Copyright Act - Other Content ("Non-YouTube")
Muziic does not store any audio-visual content for streaming or downloading on our servers. The Muziic website, forums and software may contains links to user-submitted audio-visual content stored on third party servers. Muziic, LLC is fully compliant with the laws of the Digital Millennium Copyright Act.
Please note that any claims against YouTube-related content must be made to YouTube itself (See Digital Millennium Copyright Act – YouTube Content above for details). Any DMCA claims sent to Muziic that pertain to YouTube content will be ignored.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a written document by regular Postal mail with the instructions given below. Muziic will take all necessary actions to remove/delete material/links claimed to be the subject of infringing activity.
Understand that you will be held liable for damages if you falsify any activity, mislead or misrepresent yourself as the rightful copyright owner or representative thereof.
In the DMCA complaint claim please include the following in English:
* Describe and identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
* A description of where the material that you claim is infringing is located within the Muziic site/software, with enough detail that we are able to locate it.
* Include your name, phone number, postal address, email address and any other company/record label information.
* Sign the document with your legal name.
* Understand, upon signing this document, you claim to be the owner of the copyrighted piece that is being infringed upon or are authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Send the letter to the following address:
Attn: DMCA Complaints
PO Box 132
Bettendorf, IA 52722-0003
YOU AGREE THAT YOUR USE OF MUZIIC SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUZIIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MUZIIC AND YOUR USE THEREOF. MUZIIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, PLAYER, ENCODER, OR OTHER MUZIIC SERVICES. (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUZIIC WEBSITE, PLAYER, ENCODER, OR SOFTWARE, OR OTHER MUZIIC SERVICES. MUZIIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUZIIC WEBSITE, PLAYER, ENCODER, OR SOFTWARE, OR OTHER MUZIIC SERVICES, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUZIIC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL MUZIIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, SOFTWARE, PLAYER, ENCODER, OR OTHER MUZIIC SERVICES. (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUZIIC WEBSITE, PLAYER, ENCODER, OR SOFTWARE, OR OTHER MUZIIC SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MUZIIC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Muziic from its facilities in the United States of America. Muziic makes no representations that the Muziic Website is appropriate or available for use in other locations. Those who access or use the Muziic Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Muziic, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Muziic Website, Player, Encoder, software, or other Muziic services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Muziic Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Muziic Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Muziic Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Muziic without restriction.