End User License Agreement
This document (the “Agreement”) is made between you and Cirrus Social Media, Inc. (CSM) this Agreement governs your use of Musicolony (a product of CSM) a mobile and Internet based social media service (the “service”or “services”). Musicolony can be accessed over the Internet and on certain Internet enabled mobile devices without a fee, however certain services offered as part of Musicolony may require a purchase fee or a monthly subscription free. All digital media downloaded or made available for delivery by streaming from Musicolony are subject to any and all Copyright and Anti- Piracy laws of the United States and/or the county in which you reside and/or from which the media is purchased and used by you and/or from any country Musicolony or any and all services provide by Musicolony are used.
You must read and agree to the terms and conditions of this Agreement before you use Musicolony. If you do not agree to the terms and conditions of the Agreement, you may NOT use Musicolony or any of its products or services.
By checking the “I agree” box when creating a Musicolony account or by using Musicolony, you confirm that you are 18 years of age or more, or of legal age in the country in which you reside to enter into this agreement, or that you have received your parent’s or guardian’s consent to enter into this Agreement, that any and all information you submit to Musicolony is true, accurate and complete, that you will update such information as it changes to cause it to remain current, and that you agree to the terms and conditions of this Agreement.
You own, control orhave obtained a license to use all media rights to any digital music, media or programs you upload to Musicolony and throughout the Term of this agreement you will own, control or maintain a license on an absolute and unencumbered basis all rights necessary to grant Musicolony and/or CSM the Rights granted in this Agreement, and you has no actual or constructive notice of any defect in or restriction applying to such rights.
You agree to remove or have removed by CSM any digital media you have uploaded to Musicolony that you do not own, control or have an unencumbered or non-restricted license to use.
You understand and agree that CSM may remove any digital media you upload to Musicolony, which CSM has reason to believe you do not have rights to use and that CSM may do so without notice to you.
Prohibited Content; You agree that they may not design, produce, market or sell a product on Musicolony that is defamatory; obscene or pornographic; or violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.Your Musicolony account will be terminated by CSM if in the sole discretion of CSM anything you upload and/or post is defamatory; obscene or pornographic; or violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Musicolony reserves the right to Alter this Agreement at any time at its sole discretion. Any Alterations to this Agreement will be noted on theMusicolony Internet and mobile sites,continuing to use Musicolony following the posting of any Alteration to this Agreement will constitute your acceptance of any and all Alterations to this Agreement.
You are granted a limited, non-exclusive, revocable license to make non-commercial use of Musicolony and any service provided by Musicolony and to use the services provided by Musicolony wherever Musicolony and those services are available; all digital media downloaded or made available for delivery by streaming from Musicolony are subject to any and all Copyright and Anti- Piracy laws of the United States and/or the county in which you reside and/or from which the music is purchased and used by you and/or from any country Musicolony or any and all services provide by Musicolony are used. You may not transfer or sublicense your rights under this Agreement.
Price and Payment for Digital Media
Payment may be made to Musicolony by credit card, PayPal and any other form of electronic payment made available to you by CSM.
CSM reserves the right to change the price for digital media and/or subscription services or merchandise sold on our service at any time. Should the current price of any subscription service offered change the price change will take effect at beginning of the next subscription period. CSM reserves the right to change the amounts of digital media available through any subscription service at any time. Should the digital media limits available through the then current subscription service change the change will become effective at the beginning of the next subscription period. Any new prices and changes to digital media limits available through subscription will be posted on theMusicolony Internet and mobile Internet sitesyou must access these sites to check for changes, no individual notification will be madeof any changes.If you do not agree to any of the price or subscription limits changed you may terminate your subscription and your account with Musicolony as set forth in the section titled “Term and termination of this Agreement”. Continueduse of Musicolony and any service provide by Musicolony after the notification of pricing change for digital media or subscription rates and/or limits of digital media made available by subscription constitutes an acceptance those changes.
Automatic and Self renewal of subscriptions
At the date you establish you account you will have the option to select self renewal or automatic renewal of your subscription service (should such service be available and elect to use such service). If you elect to use automatic renewal your subscription will automatically renew at the end of each subscription period unless you terminate your subscription prior to the end of any subscription as set forth in the section titled “Term and termination of this Agreement”. The renewed subscription will have the same term as agreed when you established your account. At the time of renewal the credit card or billing method you have designated to be billed for the purchase of your subscription will automatically be billed with the applicable amount. You may terminate automatic renewal and elect to use self renewal at any time during your use of Musicolony. The change will become effective at the beginning of the next subscription period.
Restrictions of use
You agree that you may not:
- copy, reproduce, “rip”, record, make available to the public or otherwise use any part of Musicolony or its digital content (including but not limited to digital music tracks and/or albums, video, pictures, graphic images and/or text) in a manner not expressly permitted under this Agreement;
- provide your password to any other person or use any other person's user name and password and/or log on credentials to access Musicolony nor any of its services or related sites;
- reverse-engineer, decompile, disassemble, modify or create derivative works based on Musicolony or services provided by Musicolony or CSM or part thereof;
- circumvent any technology used by Musicolony or its licensors to protect content accessible through Musicolony and/or any service provided byMusicolony or CSM;
- make available for commercial use through rent,lease or sale any part of Musicolony or any service or any digital media purchased through Musicolony or made available on Musicolony Internet and mobile sites;
- use Musicolony or any of it’s services in a way that violates the terms of this Agreement;
- violate any Copyrightand/or Anti-Piracy law or provisions and/or circumvent any territorial restrictions applied by Musicolony and/or CSM.
You agree to take all reasonable and prudent care to prevent unauthorized use of Musicolony and any and all services offered by Musicolony or CSM and its content.
Use of Your Recourses, Delivery of Promotional and Advertising Material
You agree that Musicolony,CSMand/or its affiliates, business partners and licensors have a right to provide advertising and other promotional information to you in relation to your use of Musicolony and the service(s) provided by Musicolony and/or CSM and you grant Musicolony and/or CSM the right to allow Musicolony and/or CSM to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the Musicolony and the services provided by Musicolony and/or CSM, and to facilitate the operation of the network on which Musicolony and/or the services provided by Musicolony and/or CSM operate.
Term and Termination of this Agreement
This Agreement will become effective between you,Musicolony and CSM when you have checked the “I agree” box when creating your Musicolony account and/or when you beginaccessing and using Musicolony and/or services provided by Musicolony and/or CSM and will remain effective until terminated by you or Musicolony and/or CSM. Should you enter into a subscription agreement with CSMfor Musicolony or any of the services provided by Musicolony You may terminate your subscription at any time; the termination shall have effect at the end of current subscription period that you have already paid for. Musicolony,CSM nor any of our affiliates and/or business partners or licensors will not refund any remaining portion of subscription fees you have already paid. Musicolony and/or CSMreserves the right to terminate this Agreement or suspend your Musicolony account at any time for non-payment or credit card charge denial or in case of unauthorized, or suspected unauthorized use of Musicolony or any service provided by Musicolony and/or CSM.ShouldMusicolony and/or CSMterminate this Agreement, or suspend your Musicolony account for any of the reasons set forth in this agreement, Musicolony nor CSM or any of our affiliates, business partners and/or licensors shall have any liability or responsibility to you, Musicolony, CSM or any of our affiliates, business partners and/or licensors will not refund any amounts that you have previously paid.
No warranty Granted
The use of the Musicolony and any service provided by Musicolony and/or CSM (including but not limited to its content) is at your own risk. Musicolony and any and all services provided by Musicolony and/or CSM are provided on an “as is” and “as available” basis. There is no warranty, expressed or implied, as to the quality, content and availability or fitness for a specific purpose of Musicolony or any service provided by Musicolony and/or CSM, Musicolony and/or CSM does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through Musicolony or any of ouraffiliates, business partners and/or licensors nor any hyperlinked website, or featured in any banner or other advertising. Musicolony nor CSM is responsible for any transaction between you and third-party providers of products or services advertised on or through the Musicolony or by our affiliates, business partners and/or licensors.
Limitation of liability
CSM, its affiliates, officers, directors and employees shall not be liable for any indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure, network failure or interruption) arising out of the use of or inability to use Musicolony or any service provided by Musicolony and/or CSM(including but not limited to its content).
You agree to indemnify and hold CSM and Musicolony and its officers, directors, employees and licensors, affiliates and business partners harmless from any claim or demand (including but not limited to reasonable attorney fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
Intellectual property Rights
The Musicolony social network service and any information provided toMusicolony social network service is the property of Musicolony and/or CSM’s licensors, affiliates and business partners and is protected by intellectual property rights (including but not limited to copyright and Anti-Piracy laws) you may not, and agree not to use Musicolony and/or any service provided by Musicolony and/or CSM (including but not limited to its content) in any manner not covered by the Agreement.
Further, you may not remove or alter any copyright, trade mark or other intellectual property notices contained on or provided through Musicolony Software Application or Musicolony products and/or services.
Technology limitations, Operability and modifications to Systems, Service and Software
CSMwill make reasonable efforts to keep Musicolony and the Musicolony network service operational and functional. However, certain technical difficulties or maintenance may, from time to time, result in interruptions.Musicolony/CSMreserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, functions and features of the Musicolony network service with or without notice.
Collection and Use of Personal Information
When you create your Musicolony account or purchase products and/or services through Musicolony and/or CSM, you will be asked to provide personal information such as email address, postal address, age, gender, residence and credit card information (you may chose not to provide credit card information). By using Musicolony and/or services provided by Musicolony including products and services provided by our licensors, affiliates and business partners, we will receive information about your use of Musicolony, and our services and website(s) including personal information such as media that you access, queries you make, date and time of your request(s), your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.
If you become a member of the Musicolony social network we will receive and store your Facebook user name and/or user name from other social networking sites. We may share your Facebook user name and your Facebook profile picture and the user name and profile pictures from other social networking sites to other Musicolony users connected to our social network. We may also make certain other information available to other Musicolony users such as but not limited to; your playlists, song ratings, most played tracks visible to other users of the Musicolony social network. We may make this information and certain other information from any and all forms of digital media you discover and use through you Musicolony account.
CSM and/or Musicolony will use your this information to provide the products and services that you have purchased or requested (including but not limited to the display of customized content, advertisingand messages from other Musicolony users). We will also use this information to; (a) communicate with you about your account and customer service requests. (b) to personalize and improve Musicolony products, services and Internet and mobile sites, (c) to develop new products, services and, Internet and mobile sites and (d) to audit the purchase of and protect the copyright-protected content of Musicolony and the Intellectual Property of Musicolony, CSM and our licensors, affiliates and business partners.
If you do not agree to the use of your personal data and information, you should not activate your Musicolony account or you may choose to not participate in the Musicolony social network.
We may also share information on the use of Musicolony and its services provided by or as part of Musicolony including certain of your personal information as is necessary to:
- Provide you with the products or services that you have purchased or requested.
- Enforce the terms and conditions of this agreement;
- Comply with Copyright and Anti-Piracy laws and regulations and/or respond to litigation and/or audit of digital media sold who’s intellectual properly rights
- Allow for a the sale, merger, public offering or any form of change of ownership of Musicolony its products and/or services or CSM;
- Affect the audit of the results of advertising and market analysis measuring the size and demographic composition of the group of users that have created user account and used Musicolony and/or its products and services.
- Allow Musicolony and/or CSM to use a third party to perform surveys that measure your experiences and use of Musicolony and its products and/or services;
- Allow us to share and/or market aggregated statistics about use of Musicolony and its products and/or services and/or to share such information with our licensors, affiliates and business partners. CSM will not, however, share personally identifying information with these licensors, affiliates and business partners or any third parties, except under the circumstances described above.
CSM may process and/or store personal information on servers in a number of countries. CSM may therefore transfer and process your personal information on a server outside your country or residence.
CSM will utilize a number or industry and proprietary methods to keep your personal information secure from unauthorized access. Including but not limited to asking you to provide and use a unique and strong password and not to share this information with anyone. In addition, CSM will use encrypted transmissions to limit access to the systems and servers that store your personal information and data. However there can be no guarantee, and none is given or implied that unauthorized access to you personal information and data will not occur. If you do not agree to these terms and conditions you should not create and/or use a Musicolony account.
You may access and update some of the personal information we maintain through your Musicolony account or by sending a request to firstname.lastname@example.org. We may respond to your request upon verification of your identity within a reasonable period of time.
CSMmay store information about you on your computer and/or mobile device and/or on our servers using cookies that we can access when you visit Musicolony and its products and/or services. If you want to delete those cookies please refer to the instructions for your file management software to locate the file or directory that stores cookies on your computer and/or mobile device. However, deleting our cookies and/or disabling the writing of our cookies to your computer may, and in most case will result in you inability to access certain areas or features of Musicolony and its products and/or services.
Assignment of this Agreement
CSMand/or Musicolonyhas a right to assign this Agreement or any part thereof without notification to you.
This Agreement constitutes all the terms and conditions agreed upon between you and CSMand/or Musicolony and supersedes any prior agreements. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance on representations made by CSM not contained in this Agreement and that if you do not understand any of the terms or conditions of this Agreement you have sought legal council to have them explained to you.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
THIS AGREEMENT WILL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA, UNITED STATES OF AMERICA (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW). CSM AND YOU AGREE THAT COURTS LOCATED IN THE STATE OF NEVADA SHALL HAVE SOLE JURISDICTION OVER ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENT CONTEMPLATED HEREBY, AND CSM AND YOU HEREBY IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEVADA STATE. CSM AND YOU FURTHER WAIVE ANY OBJECTION TO VENUE IN SUCH STATE AND ANY OBJECTION TO AN ACTION OR PROCEEDING IN SUCH STATE ON THE BASIS OF INCONVENIENT FORUM. CSM AND YOU FURTHER AGREE THAT ANY ACTION OR PROCEEDING BROUGHT AGAINST ONE ANOTHER SHALL BE BROUGHT ONLY IN NEVADA STATE. CSM AND YOU EACH AGREES TO WAIVE ITS RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS.
English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Cirrus Social Media, Inc. Las Vegas, Nevada.