Terms and Conditions
Welcome to the Muzivo website (www.muzivo.com) (the "Website") and the Muzivo mobile application (the "App"). Muzivo is a music streaming service where you can create an App for your band or music, upload your music, videos and photos, listen to your favourite artists, create and manage events, tour schedules, and news items and Network with friends, other artists and more (the "Muzivo Service").
The Website and the App are together referred to as the "Muzivo Media". The Muzivo Media and the Muzivo Service are operated and maintained by or on behalf of London Music Enterprise Limited, 15 Commercial Road, Paddock Wood, Tonbridge, Kent, United Kingdom TN12 6EN, trading as Muzivo ("Muzivo", "we", "us" or "our").
2. THE APP
The App may be downloaded in either Apple format from the App Store, which is owned and operated by Apple Inc, and other companies within its group, or in Android format from Google Play, which is owned and operated by Google Inc and other companies within its group.
The App Store, Apple Inc., Google Play and Google Inc are registered trademarks of their respective companies. They do not endorse Muzivo.
3. RULES RELATING TO CONDUCT
3.1 IN ORDER TO USE THE MUZIVO SERVICE, YOU MUST:
- be at least 13 years of age; and
- agree to install the App on your mobile device; and
- select a username and password and if you wish to use the Muzivo Service on multiple devices or upgrade then you will also need to register an account with us; and
- give complete and accurate registration information, and keep that information updated; and
- be responsible for all activities and omissions which take place under your account and for keeping your password secure; and
- ensure that your computer and/or mobile device meets technical specifications required to access and use the Muzivo Media, including:
- any connection, service and other fees associated with such access and all equipment necessary to enable you to connect to the world-wide web (including a computer or other access device);
- using the appropriate App for your device (either Android or Apple);
- ensuring that the device is exclusively owned or controlled by you;
- ensuring you have sufficient bandwidth and/or digital storage to use the Muzivo Media and the Muzivo Service. We are not responsible for any bandwidth limitations put on you by your ISP or mobile service provider; and
- notify us immediately by email at firstname.lastname@example.org if you become aware of any actual, threatened or suspected unauthorised use of your account or username and/or any other breach of security.
3.2 YOU MAY NOT:
- Violate these Terms;
- Violate applicable UK laws relating to online conduct (including, without limitation, content which can be posted online) and/or any applicable international laws, including the local laws in your country of residence (together referred to as "Applicable Laws")
- In the absence of the appropriate performing rights licence use the Muzivo Media to play recorded music or music videos in public. For the avoidance of doubt, you may not use Muzivo Media anywhere outside of a domestic setting. For example, you may not use Muzivo Media to play recorded music in workplaces, public events or in the course of business. However, you may use it as part of domestic home life or when there is an audience entirely comprised of friends and/or family (such as at a private family party)
- Upload, link, transfer or otherwise display software viruses or any other files or programs that may interrupt, destroy or limit the functionality of the Muzivo Media or the Muzivo Service or any server or networks connected to the Muzivo Media or another's computer.
- Collect any IP addresses or email addresses or other contact information of any members of Muzivo, by electronic means or otherwise; or
- Restrict or in any way inhibit any other person’s use of the Muzivo Media or the Muzivo Service; or
- Register an account with us under more than one user name and/or user account number e.g. by using so called "ghost" accounts or for some other purpose other than for the purposes of promoting separate legal entities such as an artist, band or business; or
- Breach the terms of any suspension or ban or seek alternative access; or
- In the interests of free speech, bring any action for defamation against Muzivo, or any of the companies in the same group; or
- Use or solicit any other account holder’s personal data for any purpose other than establishing non-commercial, lawful contact that such User would reasonably expect to welcome; or
- Use the Muzivo Media in a manner which promotes or encourages illegal activity; or
- Attack our site via a denial-of-service attack or a distributed denial-of service attack (as these words are generally understood within the technology industry) or engage in similar attempts to make our machine or network resource unavailable to its intended users; or
- Attempt to gain unauthorised access to the Muzivo Media or any user accounts, networks, servers or computer systems connected to the Muzivo Media; or
- Modify, adapt, translate or reverse engineer any part of the Muzivo Media or use any robot, spider, site search/retrieval application or other device to retrieve or index any part of the Muzivo Media or re-format any portion of the web pages comprising the Muzivo Media, unless permitted by us or law; or
- Remove or obstruct from view any advertisements and/or any copyright, trademark or other proprietary notices contained on or in the Muzivo Media; or
- Contact any other user of the Muzivo Media if they have expressly asked you not to; or
- Attempt to impersonate any other user or account holder of the Muzivo Media or the Muzivo Service;
- use another User’s username and/or password; or
- disclose your password to any other person.
3.3 YOU MAY:
- cancel your account with us at any time by following the instructions on the account pages.
4. OPERATION OF THE MUZIVO SERVICE AND THE MUZIVO MEDIA
We cannot guarantee that the Muzivo Service will be uninterrupted or error free. From time to time, all or certain functions of the Muzivo Media may become unavailable, modified, suspended or withdrawn, without notice, We will not be liable to you or any third party in these events.
5.1 Much of the music on Muzivo is free to stream and listen to. However, listening to some content (known as "Premium Content") will require that you purchase credits.
5.2 Credits can be purchased via our in-app store or through the Website. Prices of credits are indicated before making purchases. Credits do not expire* and will roll-over from month to month.
5.2 Credits can be purchased via our in-app store or through the Website. Prices of credits are indicated before making purchases. Credits do not expire* and will roll-over from month to month.
5.3 One credit entitles you to stream any length of a Premium Content item (song) once. Streaming the same song multiple times requires multiple credits. Streaming only a portion (any length) of Premium Content will require one credit. Streaming times associated with each package for sale are an estimate of total streaming time. The number of credits is therefore the accurate indicator of your remaining balance. For the avoidance of doubt, credits are only required to stream Premium Content. Non-Premium Content is free to stream.
5.4 Your purchase of credits does not transfer ownership in the Premium Content and does not entitle you to stream any Premium Content an unlimited number of times. We reserve the right to alter the pricing of credits and Premium Content at any stage without notice to you.
*Although your credits will not expire, we reserve the right to amend these Terms.
6.1 The copyright in all material contained on, in, or available through the Muzivo Media including information, data, text, biographies, lyrics, music, sound, photographs, graphics, video, messages, software and other material, the selection and arrangement thereof, and all source code, software compilations and other material ("Content") is owned by or licensed to Muzivo or its group of companies and is subject to copyright, trade mark rights, and other intellectual property rights of Muzivo or its licensors. All rights not expressly granted are reserved by Muzivo and its licensors.
6.2 You can view, print or download extracts of the Content for your own personal use but you cannot otherwise download, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, broadcast, sell, commercially exploit, disseminate in any form whatsoever or use the Content (other than Content posted by you) for any other purpose without Muzivo’s express permission or, where applicable, express permission of Muzivo’s licensor. You must not frame or link to the Muzivo Media or any part of it without our permission.
6.3 The trademarks, service marks, and logos ("Trade Marks") contained on or in the Muzivo Media are owned by Muzivo or its group of companies or third party partners of Muzivo. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Muzivo or the relevant group company or the relevant third party partner of Muzivo.
6.4 Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners.
6.5 You further understand and acknowledge that in using the Muzivo Service, you may be exposed to Content that is factually inaccurate, and/or offensive, indecent, immoral or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Muzivo with respect to any such Content
7. CONTENT PROVIDERS
This clause 7 applies only to Users who submit or upload Content to the Muzivo Service ("Content Providers"). In clause 7, "you", "your" and "yours" applies to groups and/or bands jointly and severally.
7.1 You are responsible for any Content which you post, upload and/or display (in public or privately) to the Muzivo Media. You may take down any Content you have submitted to the Muzivo Media at any time but you agree that such Content will remain stored on our servers in so far as the Content has already been accessed by our users.
7.2 You retain ownership of any and all rights in any Content you submit, upload or display on or while using the Muzivo Service, but you are required to grant a limited licence to Muzivo and other users of the Muzivo Service (see below).
7.3 You grant Muzivo and its group of companies a non-exclusive, royalty free, sub-licensable, world-wide licence to use, reproduce, distribute, make derivative works of modify, publish, display and/or perform (both publically and privately) such Content (including a right to sub-licence): (i) on and through the Muzivo Media and the Muzivo Service and otherwise in connection with Muzivo's business, including without limitation for promotion and redistribution of the Muzivo Service (and derivative works thereof) in any media formats and through any media channels; (ii) in any other form or medium provided that we have obtained your prior permission to do so.
7.4 When you upload or post Content to Muzivo, you also grant to each user of the Muzivo Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Muzivo Service, and to use, reproduce, distribute, display and perform such Content to the extent permitted by the Muzivo Service and these Terms.
7.5 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. Any licenses granted by you in text comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
7.6 You are solely responsible for your own Content and any consequences of posting or publishing it. Your Content, opinions, advice and recommendations expressed therein, are not endorsed by Muzivo and we expressly disclaim any and all liability in connection with Content.
7.7 You agree that you will not post or upload any Content which contains material which is illegal, harmful, threatening, abusive, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, inaccurate, misleading, un-necessary, repetitive, out of date, invasive of another’s privacy, solicits personal information from anyone under the age of 18 years, is inappropriate or objectionable, receives any complaint (whether justified or not), contains any nudity or which is illegal for you to possess in the country in which you are resident, or which it would be illegal for us to use or possess in connection with the provision of the Muzivo Service. Without limiting the generality of the foregoing where the Content contain explicit lyrics you are required to tick the "Contains Explicit Content" box before publishing your App and reserve the right to remove the same and for the avoidance of doubt you shall be solely liable for any offence caused and you shall fully indemnify us in respect of the same,
7.8 You will not upload, post or otherwise display any Content comprising an advertisement or accept payment or anything of value from any person in exchange for you uploading, posting or displaying any Content or otherwise performing any commercial activity on or through the Muzivo Media or the Muzivo Service on behalf of such person (including, without limitation, posting on the forum or in general comments for a commercial purpose and/or sending messages to other users of the Muzivo Media with a commercial purpose).
7.9 Upload, post or otherwise display any Content which contains spam, chain letters, pyramid schemes, bulk mail, junk mail or similar; or
7.10 Muzivo may (but shall not be obliged to) delete, edit, lock, move or remove any Content without notice and for any reason and/or to record the IP address from which any Content is posted, uploaded and/or displayed without notice and for any reason, including, without limitation, Content which, in our sole discretion, violates these Terms.
7.11 We reserve the right to use IP addresses to identify a user when deemed necessary to enforce compliance with our terms and conditions or to protect the Muzivo Service, users or third parties. We reserve the right to forward IP addresses to authorities if deemed necessary or as required by law.
7.12 You grant Muzivo the right to use your account name in connection with the distribution, exploitation, marketing and promotion of the Muzivo Service.
7.13 When uploading sound recordings, you are required to indicate whether any songwriters featured on the sound recording are members of PRS For Music. It is your sole responsibility to provide accurate and up to date information regarding PRS Membership. We will not be held responsible for any errors or omissions in information provided to us. If any details you have provided change, it is your sole responsibility to notify us of those changes immediately at email@example.com.
7.14 We reserve the right to amend your username at anytime at our absolute discretion if we believe that the username is offensive or seeks to use the goodwill and reputation of a third party or otherwise causes offence or confusion. In such circumstances we will notify you of our decision and we will consider any representations you may wish to make in respect of our decision in good faith provided that our decision shall be final.
8. LINK TO THIRD PARTIES
The Muzivo Media may contain links to websites operated by third parties ("Third Party Websites"). Muzivo may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Muzivo does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
DISCLAIMER / LIABILITY / INDEMNIFICATION
1..1.. USE OF THE MUZIVO MEDIA AND/OR THE MUZIVO SERVICE IS AT YOUR OWN RISK. THE MUZIVO MEDIA AND THE MUZIVO SERVICE ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) MUZIVO DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE MUZIVO MEDIA AND/OR THE MUZIVO SERVICE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE MUZIVO MEDIA AND/OR THE MUZIVO SERVICE (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN MUZIVO AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR THE CONDUCT OF ANY USER AND/OR ACCOUNT HOLDER OF THE MUZIVO MEDIA AND/OR MUZIVO SERVICE; ANY ERROR, DELAY OR FAILURE IN THE TRANSMISSION OF ANY COMMUNICATION BETWEEN USERS AND/OR ACCOUNT HOLDERS; ANY TECHNICAL FAILURE OF THE INTERNET, THE MUZIVO MEDIA AND/OR THE MUZIVO SERVICE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE MUZIVO MEDIA OR THE MUZIVO SERVICE, HOWSOEVER CAUSED. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
2.. Muzivo will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Muzivo Media and/or the Muzivo Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss; howsoever caused.
3.. You agree to indemnify Muzivo and its group of companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of or inability to use the Muzivo Media and/or the Muzivo Service, and any use of the same under your account or username other than in accordance with these Terms or Applicable Law.
4.. IF MUZIVO IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE MUZIVO MEDIA AND/OR THE MUZIVO SERVICE, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (£50.00); OR (B) THE SUMS PAID BY YOU UPON REGISTERING AN ACCOUNT WITH US; OR (C) THE SUMS PAID BY YOU UPON RECEIVING A MUZIVO SERVICE, WHICHEVER IS GREATER.
5.. Nothing in these Terms shall be construed as excluding or limiting the liability of Muzivo or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
11. ACCESS RESTRICTION AND SERVICE SUSPENSION OR TERMINATION
11.1 Our processes analyse your usage of the Muzivo Media automatically. Should we find anything suspicious, access to your account and your credits may temporarily be blocked. Following such suspicions, your account may be monitored to determine the nature of any suspicious activity.
11.2 Muzivo reserves the right in its sole discretion to suspend or deny you access to the Muzivo Media and/or the Muzivo Service, or any part thereof, with or without notice and for any reason including, without limitation, if you fail to comply with any clause 3 (Rules Relating to Conduct) or any other provision of these Terms and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. In particular, we may deny you access to the Muzivo Media and/or the Muzivo Services if we exercise our right to delete, edit, lock or remove any Content posted, uploaded or displayed by you. ,
12. ADVERTS AND/OR THIRD PARTY LINKS ON THE MUZIVO MEDIA
We accept no responsibility for adverts and/or third party links posted on the Muzivo Media. If you purchase goods and/or services from any third party linked to from the Muzivo Media, you do so at your own risk. The third party, not Muzivo, is responsible for any such purchases and if you have any queries or complaints in relation to them, your only recourse is against the third party.
13. ONLINE COMPETITIONS If you take part in any competition which is run on or through the Muzivo Media (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Muzivo from time to time (“Competition Rules“) and by the decisions of Muzivo, which are final in all matters relating to the Competition. Muzivo reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
14. COPYRIGHT POLICY It is our policy to terminate any person’s account with us if they repeatedly infringe the intellectual property or proprietary rights of others. If you believe any of your work has been copied and posted on the Muzivo Media in a way which infringes your intellectual property or proprietary rights, please contact us at the address set out in paragraph 16 or click on the “Report this" link at the bottom of the Muzivo Media page or next to the allegedly infringing copy. You will need to provide us with the following information: (i) a description of the work that you claim has been infringed and a description of the alleged infringing copy of it; (ii) a description of where the alleged infringing copy has been posted on the Muzivo Media; (iii) your contact details; (iv) a written statement, signed by you, to confirm that you are the owner of the work or you are authorised to act on the owner’s behalf and the information you have provided to us is accurate to the best of your knowledge and belief.
15.1 Muzivo reserves the right to update these Terms from time to time by making the new terms available on our Website. If it does so, the updated version will be effective as soon as it is uploaded on to the Website and your continued use of the Muzivo Service and Muzivo Media following any changes constitutes your acceptance of the new Terms. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Muzivo.
15.2 These Terms shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or relating to these Terms and/or your use of the Muzivo Media and/or the Muzivo Service.
15.3 If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
15.4 Muzivo’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Muzivo in writing.
15.5 Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Muzivo and its group of companies.
16. CONTACT US
You can contact the Muzivo team at: firstname.lastname@example.org.