Effective as of January 3rd, 2023 ("Effective Date")

Terms and Conditions

Welcome to our online music streaming platform ("Service"), MUZIC. The following terms and conditions ("Terms") govern your use of the Service. Please read these Terms carefully before using the Service.

You agree to be bound by these Terms by accessing or using the Service. If you do not agree to these Terms, do not use the Service.

1. Use of the Service.

You may not use the MUZIC Service in any way that is fraudulent, illegal, or expressly prohibited by these Terms. By using the MUZIC Service, you affirm that:

You are 18 years of age or over, or you are 13 years or older and have express permission from your parent or guardian to use the MUZIC Service.
You reside in a country where the MUZIC Service is offered.
Any registration and account information you submit to MUZIC is true, accurate, and complete, and you agree to keep it that way at all times.
You are responsible for any activity under your account, whether or not you authorized that activity. Therefore, you should not reveal your account password to anyone and log out of your account at the end of each session. You should contact us immediately if you suspect someone has accessed your account without your permission.

You may use the MUZIC Service for personal, non-commercial use only. You may not use the Service for any other purpose, including but not limited to:

Reproducing, distributing, or selling any of the Content provided through the Service without the express written permission of the copyright owner
Modifying, adapting, or creating derivative works of any of the Content provided through the Service
Using the Service for any illegal or unauthorized purpose
Interfering with the operation of the Service or attempting to gain unauthorized access to the Service or its related systems or networks
The Service allows users to discover, listen to, and share music. The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will always be available or be uninterrupted. We reserve the right to alter, suspend, or discontinue the Service at any time without Notice.

2. Account and Registration

The MUZIC Service requires you to register and create an account to use certain features of the Service. You agree to be fully responsible for all use of your account and for any actions that take place using your account. Your username and password are for personal use and should be kept confidential. You agree that you are responsible for all use (including any unauthorized use) of your username and password. The MUZIC Service also allows you to create a public user profile ("Profile"), including a public-facing Profile name. Suppose MUZIC provides or you select a Profile name or similar identifier for your account. In that case, MUZIC may change it if we believe it is appropriate or necessary (for example, if it infringes on someone's intellectual property or impersonates another user). You may not select a Profile Name or identifier that:

Misleads or deceives others as to your identity.
It consists of the name of a company, group, product, or brand you don't have permission to use.
Violates our Content Guidelines (as described below).
We reserve the right to terminate your account and access to the Service at any time, for any reason, and without Notice.

3. Subscriptions

By subscribing to or otherwise using the MUZIC Service, you acknowledge and agree that (a) you have read and understand the Agreement, (b) you have read and understood our Privacy Notice, and (c) you accept and agree to the Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SUBSCRIBE TO, ACCESS, OR OTHERWISE USE THE TIDAL SERVICE.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES; CLASS ARBITRATION, REPRESENTATIVE ARBITRATIONS, CONSOLIDATION OF ARBITRATIONS, AND COURT PROCEEDINGS, INCLUDING CLASS ACTIONS AND JURY TRIALS, ARE NOT PERMITTED

MUZIC offers various subscription options, some of which are free ("Free Subscription") and others that charge a fee ("Paid Subscription") (collectively, "Subscriptions"). Some Subscriptions may start with a free or discounted trial period ("Trial Period"), which will automatically renew upon expiration of the Trial Period at the total subscription price specified during sign-up unless you cancel your Subscription before the expiry of the Trial Period. You are only permitted one (1) Trial Period. Any attempt to use or redeem more than one (1) Trial Period shall be considered a material breach of these Terms, entitling MUZIC to suspend or cancel your Subscription. MUZIC may, from time to time, make changes to Paid Subscription fees and will provide you with an advance written Notice before the end of the billing period in which the change is made. If you do not accept the difference to your Paid Subscription, you will be entitled to cancel your Subscription. You will have obtained the new price by using the MUZIC Service after the price change takes effect.

To sign up for a Paid Subscription (including if preceded by a Trial Period), you must provide a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). Paid Subscription purchases may be subject to additional terms, conditions, and fees (including but not limited to foreign transaction fees) imposed by your payment provider and/or mobile carrier, as applicable ("Third Party Fees"). By providing a Payment Method in connection with any Paid Subscription, you now authorize MUZIC to charge the periodic cost of your applicable Subscription. You agree to be responsible for any applicable Third Party Fees. If charges for which you are responsible fail when payment is required, we are entitled to cancel your Subscription. You represent and warrant that all information you provide concerning purchasing a Paid Subscription is true, accurate, and complete.

 To provide continuous Service, you agree that MUZIC will automatically renew a Subscription at the end of the applicable Subscription term unless you cancel your Subscription at the end of the then-current Subscription period. Such renewal will be billed at the non-discounted rate for the appropriate Subscription tier. You also agree that the amount billed may be different if your initial Subscription was purchased using a promotional/trial offer, and you authorize MUZIC to charge your Payment Method for such varying amounts as indicated at the time of sign-up. Your Subscription will remain in effect and renew automatically until it is canceled.

MUZIC has no liability to you nor obligation to provide a refund to you in connection with any service outage or failure caused by the actions of any third party or by events beyond MUZIC's control.

We reserve the right to change the subscription fees at any time but will provide reasonable advance notice before such changes take effect.

4. Content on the Service.

The MUZIC Service includes a variety of Content, including music tracks, artist bios, and album art ("Content"). The Content is provided for your personal, non-commercial use only. You may not use the Content for any other purpose, including for any commercial purpose, without the express written permission of the copyright owner.

The MUZIC Service may allow you to upload and post some types of Content, including, but not limited to, images, text, links, and other materials (collectively, "Listener Content"). You retain all rights and are solely responsible for all Listener Content you upload to the MUZIC Service. MUZIC is not responsible for what you or others post or share on the MUZIC Service. Any Listener Content you upload will be considered personal data under the MUZIC Privacy Notice. Please refer to the Privacy Notice to learn more about how we process your data.

You grant MUZIC a non-exclusive, royalty-free, fully paid up, transferable, sublicensable, worldwide license to store, display, reproduce, modify, perform, create derivative works from, distribute, and otherwise use your Listener Content to operate, develop, and use the MUZIC Service. In addition, you acknowledge and agree that some of your Listener Content may be publicly accessible, used, and re-shared by others on the MUZIC Service and across the web. If you do not want your Listener Content to be used for these purposes, do not upload your Listener Content to the MUZIC Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any Listener Content, including Feedback (defined below), and your right to object to derogatory treatment of such Listener Content.

We do not guarantee the accuracy, completeness, or usefulness of any Content on the MUZIC Service. Therefore, the Content is provided "as is," and we are not responsible for any errors or omissions.

You represent and warrant that (a) you have the full right and authority to post, upload, or otherwise use any Listener Content (including any applicable third-party rights and permissions) and to grant MUZIC the right to use your Listener Content under these Terms; and (b) the Listener Content, including the use thereof by you or MUZIC by these Terms, do not (i) violate these Terms (including the Content Guidelines); (ii) infringe or otherwise violate any applicable laws, rules, regulations or third party rights (including any copyrights or rights of publicity or privacy), or (iii) imply any affiliation, association or endorsement of you or your Listener Content by MUZIC or any artist, band, label or other individual or entity without the express written consent of MUZIC or applicable third party.

MUZIC shall be under no obligation to display or disseminate any Listener Content. We may, but have no obligation to, monitor or review Listener Content. Except to the extent prohibited by applicable law, we reserve the right to remove, reject or disable access to any Listener Content from the MUZIC Service in our sole discretion for any or no reason, including, but not limited to, when Listener Content violates these Terms or the Content Guidelines. We may take these actions without prior notification to you or any third party and any liability to you for such removal.

We respect the intellectual property rights of others and ask you to do the same. Accordingly, we have adopted Copyright and Other Intellectual Policies (detailed below) regarding any third-party claims that your material infringes the rights of others.

At our sole discretion, MUZIC may remove or restrict access to any Content at any time, for any reason, and without Notice.

5. Intellectual Property.

The MUZIC Service, including but not limited to the Content, text, graphics, logos, images, and software, is the property of Muzic.la and our licensors and is protected by copyright and other intellectual property laws. Accordingly, you may not use any part of the MUZIC Service for any commercial purpose without the express written consent of us and the relevant Content Providers.

6. Disclaimer of Warranties.

The MUZIC Service is provided on an "as is" and "as available" basis. MUZIC makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, Content, materials, or products included in the MUZIC Service.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUZIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE MUZIC SERVICE OR MUZIC CONTENT, LISTENER CONTENT, ANY THIRD-PARTY APPLICATIONS (OR ANY CONTENT CONTAINED THEREIN), ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MUZIC SERVICE OR ANY HYPERLINKED WEBSITE. INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, EFFICACY, OR TIMELINESS. MUZIC SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY MUZIC CONTENT OR LISTENER CONTENT AND INFORMATION CONVEYED TO YOU, THE USER, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE MUZIC SERVICE, THE MUZIC CONTENT, AND ANY LISTENER CONTENT IS AT YOUR OWN RISK. THE MUZIC SERVICE MAY PROVIDE YOU WITH THE ABILITY TO FILTER EXPLICIT CONTENT, BUT THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED TO YOU. THEREFORE, IT WOULD BE BEST IF YOU NEED TO RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.

7. Limitation of Liability and Modification

In no event will MUZIC Service be liable for any damages of any kind arising from the use of the MUZIC Service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MUZIC SERVICE IS TO UNINSTALL ANY MUZIC SOFTWARE AND TO STOP USING THE MUZIC SERVICE. EXCEPT WITH RESPECT TO CLAIMS OF FRAUD, DEATH, OR PERSONAL INJURY, IN NO EVENT WILL MUZIC'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE MUZIC SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO MUZIC DURING THE TWELVE MONTHS BEFORE THE FIRST CLAIM; OR $30.00.

ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. To the fullest extent permitted by law, the liability of MUZIC arising from any error or other circumstance that may give rise to liability in relation to the MUZIC Service shall – except for instances of any physical harm, gross negligence, and willful misconduct - be limited to the amount paid by you for access to the MUZIC Service in the relevant month.

The MUZIC Service may also experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

From time to time, MUZIC Service may also offer functionality or services in development through the MUZIC Service ("Beta Features"). In addition, we use Beta Features to experiment with and test new feature ideas. Accordingly, you may find that Beta Features operate differently from the rest of the MUZIC Service, including by undergoing regular changes or even being discontinued entirely without Notice.

8. Governing Law

These Terms will be governed by and shall be construed following the laws of the State of New York, without regard to New York's choice or conflicts of law principles.

This remaining part of Section 15 is referred to as the "Arbitration Provision."

Any dispute or claim, except those that are resolved informally or brought in a small claims court, arising out of or relating in any way to one or more of the following: (1) the Agreement; (2) the MUZIC Service, MUZIC Content or Listener Content (3) your Subscription; or (4) any products or services sold or distributed by MUZIC or through MUZIC (collectively "Claims"), will be resolved by binding arbitration, rather than in court. However, you and MUZIC also agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights unrelated to your use of the MUZIC Service or Subscription.

This Arbitration Provision is intended to be given the broadest possible meaning under the law and shall be governed by the Federal Arbitration Act and applicable U.S. federal arbitration law. Any arbitration of any Claim hereunder shall apply New York law and/or applicable federal law.

Pre-Filing Requirement to Attempt to Resolve Disputes. 
Before an arbitration is commenced, you or MUZIC agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a dispute informally. Both parties recognize that this is an essential requirement and that breach of this requirement would be a material breach of these Terms. Accordingly, to provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice ("Notice"). Any Notice to MUZIC should be emailed to MUZIC Legal Department, info@muzic.la. In addition, any Notice will be sent to the address on file for your account. The Notice must:

Include your name.
Provide detailed information sufficient to evaluate the merits of the claiming party's individualized claim and for the other party to determine if an amicable resolution is possible.
Set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages.
Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may commence arbitration. Each party agrees that federal or state courts in the City and County of New York, New York, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

2. Small Claims Court. 

Subject to applicable jurisdictional requirements, either party may elect to pursue a dispute in a local small-claims court rather than through arbitration so long as the matter remains in a small-claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration, and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

3. Prohibition of Class and Representative Actions and Non-Individualized Relief.

 Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's claims. Any relief awarded cannot affect other users of the MUZIC Service.

4. Arbitration Procedures. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, the arbitrator may award the same damages and relief as a court (including statutory damages, attorneys' fees, and costs), except that the arbitrator cannot grant any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. In addition, the arbitrator must follow and enforce the Agreement.

The arbitrator, and not any court, shall have exclusive authority to resolve any Claim relating to the interpretation, applicability, enforceability, or formation of this Arbitration Provision, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator will decide any and all Claims—statutory, common law, or otherwise.

A neutral arbitrator will conduct the arbitration from the American Arbitration Association ("AAA") in accordance with AAA's rules and procedures, including the AAA's Consumer Arbitration Rules available at https://www.adr.org/sites/default/files/document_repository/Consumer_Rules_Web_0.pdf. However, there is no inconsistency between the AAA rules and this Arbitration Provision. Therefore, in that case, the terms of this Arbitration Provision will control unless the arbitrator determines that the application of the inconsistent Arbitration Provision terms would result in a fundamentally unfair arbitration.

To commence an arbitration, you must complete a short form, submit it to the AAA, and email a copy to us, Attn: MUZIC Legal Department, info@muzic.la. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in New York, New York, or at another mutually agreed location.

5. Costs of Arbitration. 

The AAA Consumer Arbitration Rules will govern payment of all filing, administration, and arbitrator fees. You and MUZIC will be individually responsible for all other costs and expenses incurred in connection with the arbitration, including, without limitation, all attorneys' fees, unless recoverable under applicable law. However, in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees and costs associated with the arbitration, including our attorneys' fees and fees and expenses paid by us on your behalf that you otherwise would be obligated to pay under the AAA's rules.

6. Severability. 

Suppose the arbitrator decides that any term or provision of this Arbitration Provision other than Section 18(a) (Prohibition of Class and Representative Actions and Non-Individualized Relief) is invalid or unenforceable. In that case, you and MUZIC agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Arbitration Provision shall be enforceable as so modified. If the arbitrator decides that any of the provisions of Section 18(a) is invalid or unenforceable, then the entirety of this Arbitration Provision shall be null and void. The remainder of the Agreement will continue to apply.

If for any reason, Claims proceed in court rather than in arbitration, you and MUZIC waive any right to a jury trial. In that instance, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York, County of New York.

7. Future Changes to this Arbitration Provision. 

Notwithstanding any provision in this Agreement to the contrary, you and MUZIC agree that if we make any change to this Arbitration Provision (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against MUZIC prior to the effective date of the change. Moreover, if future versions of this Agreement do not contain this or another Arbitration Provision, any existing Arbitration dispute will not be affected.

9. Indemnification

You agree to defend, indemnify, and hold MUZIC, and its parents, subsidiaries, employees, directors, agents, affiliates, and representatives (collectively, the "MUZIC Parties") harmless from and against any claims, actions, or demands, including without limitation, reasonable attorney fees, and costs, arising from, relating to or resulting from:

Your breach or alleged breach of this Agreement (including any additional MUZIC terms and conditions incorporated herein).
Your access to or activity in which you engage on or through the MUZIC Service.
Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights.
Any Listener Content you upload, post, or otherwise contribute to the MUZIC Service.
Your violation of any law or the rights of a third party.
 

10. Changes to the Terms

In our sole discretion, MUZIC reserve the right to change these Terms at any time. The revised terms will be practical as of the date they are posted on the Service. It is your responsibility to check the Terms periodically for changes. Your continued use of the MUZIC Service after the revised terms are posted and your acceptance of the revised terms.

11. Miscellaneous

MUZIC may assign this Agreement and may assign or delegate, in whole or in part, any of its rights or obligations under this Agreement. You may not assign this Agreement, in whole or in part, nor transfer or sub-license your rights under this Agreement to any third party. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provision of the Agreement, which shall remain in full force and effect. You may have certain rights that cannot be limited by contract under applicable law. These Terms in no way intended to restrict those rights. Any failure by MUZIC or any third-party beneficiary to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against MUZIC unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Other than as stated in this section or as explicitly agreed upon in writing between you and MUZIC, this Agreement constitutes all the terms and conditions agreed upon between you and MUZIC and supersedes any prior agreements in relation to the MUZIC Service, whether written or oral.

12. Termination

In our sole discretion, we reserve the right to terminate or suspend your access to the Service at any time and for any reason without Notice or liability.

13. Contact Us

If you have any questions about these Terms or the Service, or our cookie policy, you may contact us at info@muzic.la