TERMS OF SERVICE
Terms of Service (individually and together with the Community Guidelines, "Terms" or "Agreement") are between MuSigPro Pte. Ltd. ("MuSigPro," "we," "our," "us") and you, an individual user ("you," "your," "yours"), and govern your use of MuSigPro’s website or mobile software applications that have been made available on the MuSigPro website or for download (each, an "App," and together, the Apps) and any related websites or other online properties owned or controlled by MuSigPro (together with the Apps, the "Service").
- INTRODUCTION AND OVERVIEW
These Terms constitute a legally binding contract between you and MuSigPro. You agree that by clicking on one of the "Account Creation Options" (Facebook, Google, Email) or similar, registering, accessing or using the Apps or the Service, you are agreeing to enter into a legally binding contract with MuSigPro (even if you are using our Apps or Service on behalf of a company).
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.
As provided in greater detail in the Sections below (and without limiting the express language of these Terms), you:
- Agree that the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms.
- Agree that the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
- Agree that to the greatest extent permitted by law, MuSigPro provides the Apps to you on an "as is" basis without warranties of any kind, and MuSigPro’s liability to you is limited.
- Agree that where permitted by law, disputes arising between you and MuSigPro will be resolved by binding individual arbitration. By accepting these Terms, you and MuSigPro are each waiving the right to a trial by jury or to participate in a class action.
- Agree to the "Notice Regarding Apple" in Section 27 below.
- Agree that if you Post (defined below in Section 10.a) any Objectionable Content (defined below in Section 10.i) on the Service or otherwise violate these Terms , then MuSigPro may—but has no obligation to—take any remedial action that MuSigPro, in its sole discretion, deems appropriate, such as, without limitation, suspending or terminating your Account (defined below in Section 8), removing all of your User Content (defined below in Section 10.a) from the Service, and/or reporting you to law enforcement authorities, either directly or indirectly.
- ELIGIBILITY TO USE THE SERVICE
Our Service is intended for general audiences. No one under 13 is allowed to use the Service.
TO USE THE SERVICE, YOU MUST BE AT LEAST 13 YEARS OF AGE OR SUCH OLDER AGE AS PRESCRIBED BY THE LAW OF THE PLACE WHERE YOU LIVE. IF YOU ARE UNDER 13 YEARS OF AGE, OR UNDER ANY HIGHER AGE OF CONSENT PRESCRIBED BY YOUR LOCAL LAW, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
By registering an account with MuSigPro, you represent and warrant that (1) you are at least 16 years old if you reside in Singapore, are at least 16 years old if you reside in the European Economic Area, or are such older age as prescribed by the law of the place where you live; (2) that you have a parent or legal guardian’s consent to this Agreement or are eligible to form a binding contract with MuSigPro; (3) you will comply with these Terms; (4) your use of the Service does not violate applicable law; (5) you are not a convicted sex offender; and (6) you have not been previously suspended or removed from the Service by MuSigPro.
- CHANGES TO THESE TERMS
We may change these Terms from time to time.
You may read the current, effective version of these Terms at any time at this location, or by clicking the Terms link at the bottom of the MuSigPro website or by clicking Terms of Service in the App.
We will try to notify you of any material changes either within the App or through an email to the address associated with your account prior to the modifications becoming effective. The revised Terms will become effective at the time of posting.
BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.
- CHANGES TO THE SERVICE
We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to such change for any reason, your sole remedy is to stop using the Service.
- YOUR USE OF THE SERVICE
MuSigPro provides you with access to the Service free of charge, but to enjoy the full benefits of the Service and certain features or functionality, you must purchase subscription-based access to the Service.
In return for enjoying free or subscription-based access to the Service, you acknowledge and agree that MuSigPro may generate revenues, increase goodwill, or otherwise increase the value of MuSigPro from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any of your User Content (defined in Section 10.a below).
If you purchase one or more subscriptions or sign up for one or more trial subscriptions to the Service, then the following terms apply:
- Auto-Renewal. YOU AGREE THAT, ONCE YOUR SUBSCRIPTION PERIOD EXPIRES, YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE IMMEDIATELY PRECEDING SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION(S).
- Recurring Charges. YOU AUTHORIZE MUSIGPRO'S APPLICABLE SERVICE PROVIDER TO PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION(S). SUBSCRIPTION PRICES WILL BE DISPLAYED TO YOU AT THE TIME OF PURCHASE. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN(S) (OR THE MOST SIMILAR SUBSCRIPTION PLAN(S), IF YOUR PRIOR PLAN(S) ARE NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. YOUR PAYMENTS WILL BE PROCESSED FOR ANY RENEWAL SUBSCRIPTION(S) USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION(S). IN OTHER WORDS, ON WHICHEVER DAY YOUR PAYMENT IS PROCESSED FOR YOUR CURRENT SUBSCRIPTION(S), YOUR PAYMENT WILL CONTINUE TO BE PROCESSED ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION(S). ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. MUSIGPRO MAY PARTNER WITH CERTAIN MOBILE CARRIERS TO OFFER YOU A SPECIAL DISCOUNT FOR THE SERVICE AND THE TERMS OF THE PAYMENT WILL BE SUBJECT TO SUCH OFFER.
- Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION(S) AT ANY TIME (1) BY LOGGING IN AT MUSIGPRO.COM, NAVIGATING TO THE "ACCOUNT" SCREEN, AND CLICKING "CANCEL"; (2) THROUGH GOOGLE PLAY (IF YOU MANAGE YOUR MUSIGPRO SUBSCRIPTION THROUGH AN ANDROID DEVICE);. IF YOU REQUIRE FURTHER ASSISTANCE, YOU MAY CONTACT MUSIGPRO AT email@example.com. ANY CANCELLATION THROUGH MUSIGPRO.COM WILL NOT BE DEEMED EFFECTIVE UNTIL MUSIGPRO EXPRESSLY CONFIRMS THE CANCELLATION HAS OCCURRED IN WRITING. ONCE MUSIGPRO HAS CONFIRMED CANCELLATION IN ACCORDANCE WITH THE PRECEDING SENTENCE, YOU WILL NOT BE CHARGED FOR ANY SUBSEQUENT SUBSCRIPTION PERIOD. MUSIGPRO HAS NO OBLIGATION TO OFFER OR PROVIDE ANY REFUND FOR THE CANCELLATION OF ANY SUBSCRIPTION, BUT YOU CAN CONTINUE TO USE THE SUBSCRIPTION SERVICE UNTIL THE END OF THE SUBSCRIPTION PERIOD THAT YOU PAID FOR.
MUSIGPRO IS LOCATED IN SINGAPORE AND AS SUCH IS NOT SUBJECT TO DIRECTIVE 2011/83/EU. NOTWITHSTANDING THE FOREGOING, IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA, YOU ACKNOWLEDGE THAT THE SERVICE ENTAILS THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM. BY PURCHASING A SUBSCRIPTION YOU CONSENT TO MUSIGPRO IMMEDIATELY STARTING THE PERFORMANCE OF THE SERVICE BY GRANTING YOU ACCESS TO YOUR ACCOUNT. YOU ACKNOWLEDGE THAT AS A RESULT YOU DO NOT ENJOY ANY RIGHT OF WITHDRAWAL UNDER DIRECTIVE 2011/83/EU.
- YOUR ACCOUNT
- Registration. While you may always browse any public-facing portions of the Service without registering with MuSigPro, to enjoy the full benefits of the Service, you must download the Apps or access the MuSigPro website and register an account with MuSigPro ("Account").
- Account Security. You are fully responsible for all activities that occur through your Account, so you should keep it secure. You agree to notify MuSigPro Support at firstname.lastname@example.org if you suspect or know of any unauthorized use of your Account or any other breach of security with respect to your Account. MuSigPro will not be liable for any loss or damage arising from unauthorized use of your Account.
- Accuracy of Information. When creating an Account, provide true, accurate, current, and complete information as MuSigPro requests. Update such information promptly, and as necessary to keep it current and accurate. You represent to MuSigPro that the information provided upon the creation of your Account is accurate and that any email address you provide is an email address controlled by you. MuSigPro reserves the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by MuSigPro in its sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in MuSigPro's sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third-party rights, damage MuSigPro's reputation, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then MuSigPro may terminate your Account immediately without notice to you and without any liability to you or any third party.
- MUSIGPRO CONTENT AND RIGHTS GRANTED TO YOU
- License. Subject to your complete and ongoing compliance with these Terms, MuSigPro grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to use the Service. Pursuant to this license, you may: (i) download, access, and use an object code version of the Apps on any device that you own or control; and (ii) access and use the Service, solely for your personal, non-commercial use.
- MuSigPro Content. Except for User Content (as defined in Section 10.a below), the content that MuSigPro provides to Users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), video, text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by MuSigPro or its third-party licensors (collectively, "MuSigPro Content"). MuSigPro Content is exclusively for use as part of the MuSigPro Service and may not be exported outside of the MuSigPro Service, except as explicitly permitted and endorsed by MuSigPro. Any attempt to circumvent this provision is a violation of these Terms. MuSigPro also solely owns all design rights, databases and compilations, and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
- MuSigPro Marks. The MuSigPro trademarks, service marks, and logos (collectively, the "MuSigPro Trademarks") used and displayed on the Service are MuSigPro’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties (collectively with the MuSigPro Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage MuSigPro or the applicable third party, or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without MuSigPro’s prior express written consent. All goodwill generated from the use of any MuSigPro Trademark will inure solely to MuSigPro’s benefit.
- Reservation of Rights. MuSigPro hereby reserves all rights not expressly granted to you in this Section 9. Nothing in these Terms or on the Service will be construed as granting to you additional license rights in and to the Service or any MuSigPro Content or Trademarks.
- USER CONTENT AND RIGHTS YOU GRANT TO MUSIGPRO
- "User Content" means any content that you or other Users upload, post, or transmit to or through the Service (collectively, "Post") including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, and any other works subject to protection under the laws of Singapore or any other jurisdiction, including, without limitation, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any and all MuSigPro Content. You may Post User Content and otherwise use and enjoy its various functionalities, subject to these Terms.
Ownership. SUBJECT TO ANY THIRD-PARTY RIGHTS IN ANY PREEXISTING CONTENT THAT IS A PART OF YOUR USER CONTENT AND SUBJECT TO THE LICENSE YOU GRANT TO MUSIGPRO, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT, AND POSTING YOUR USER CONTENT DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
- Enforcement Rights. As part of your license to MuSigPro, you give MuSigPro the right to enforce any copyrights you possess in your User Content against any third parties who copy, reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, or otherwise exploit and use, the User Content without MuSigPro’s consent, including by using the Service or otherwise downloading your User Content off of the App or website.
- You Must Have Rights to the Content You Post. By Posting User Content, you represent and warrant that you own or are fully authorized to grant the license set forth in these Terms in all elements of the User Content. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the license to MuSigPro under these Terms. You further represent and warrant that: (i) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any party; (ii) the Posting of your User Content will not require MuSigPro to obtain any further licenses from or pay any royalties, fees, compensation or other amounts, or provide any attribution to any third parties; and (iii) the Posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of User Content you Post.
- Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a performing rights organization ("PRO"), then you must notify your PRO of the royalty-free license you grant to MuSigPro through these Terms. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license set forth in these Terms or have such music publisher enter into this Agreement with MuSigPro. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant MuSigPro the license in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label.
- Through-To-The-Audience Rights. All of the rights you grant in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.
- Waiver of Rights to User Content. By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any similar rights in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in any User Content you Post.
- Objectionable Content. You agree not to Post any User Content that could be interpreted in MuSigPro’s sole discretion to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar, (ii) in violation of any applicable laws, (iii) putting other Users’ data privacy and security at risk; (iv) promoting any product, good or service; (v) promoting bigotry, discrimination, hatred, intolerance, or racism; or (vi) inciting violence (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. MuSigPro in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content, and/or reporting the User to law enforcement authorities, either directly or indirectly.
- Screening Content. MuSigPro does not pre-screen any User Content, but reserves the right to remove or delete any User Content in its sole discretion. In addition, MuSigPro has the right—but not the obligation—in its sole discretion to remove or delete any User Content: (i) that MuSigPro considers to violate these Terms or applicable law; (ii) that MuSigPro considers to be Objectionable Content; or (iii) in response to complaints from other Users, licensors of any MuSigPro Content, or rights holders related to the User Content, with or without notice and without any liability from MuSigPro to you. MuSigPro also has the right—but not the obligation—to take remedial action in connection with any Objectionable Content Posted as described more fully in the Community Guidelines. MuSigPro recommends that you save copies of any User Content that you Post on your personal device(s) to the extent you want to ensure permanent access to copies of such User Content.
- User Content Posted by Others. Although MuSigPro reserves the right to review or remove any User Content, we do not review all User Content, and we take no responsibility for the User Content that appears on the Service. User Content is the sole responsibility of the person or entity that Posts the User Content. As reflected in these Terms and in our Community Guidelines, we have no tolerance for Objectionable Content, and we do not want our Service put to any improper use, but we cannot guarantee that all User Content will always conform to these Terms. If you encounter any Objectionable Content on the Service, please immediately email MuSigPro Support email@example.com. MuSigPro provides you with the ability to report Objectionable Content as a courtesy, and MuSigPro has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to MuSigPro.
- No Liability. For the avoidance of doubt, MuSigPro will not be liable for any use or misuse of User Content by any User.
- Feedback. If you choose to provide MuSigPro with input or suggestions regarding problems with or proposed modifications, enhancements or improvements to the Service ("Feedback"), including but not limited to any Feedback you provide if MuSigPro invites you to participate in new product functionality testing, then you hereby grant to MuSigPro a perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you
- EXTERNAL SITES
Although the Service may contain links to or the ability to share information with third-party websites ("External Sites"), MuSigPro does not endorse any External Sites. MuSigPro is also not responsible for the content of any External Sites and does not make any representations regarding the content on such External Sites. All External Sites are developed and provided by others. The External Sites may have their own terms of service and privacy policies, and your use of those External Sites will be governed by and subject to such terms of service and privacy policies. You should contact the site administrator or webmaster for those External Sites if you have any questions or concerns regarding any content located on such External Sites or the terms governing your use of such External Sites.
If you decide to access any External Sites, purchase any content from External Sites, or subscribe to services offered by such External Sites, then you do so at your own risk. You agree that MuSigPro will have no liability to you arising from your use or interaction with any External Sites.
- CONSENT TO COMMUNICATIONS
If you registered for the Service using your telephone number or have updated your account information to provide your telephone number to us, you acknowledge and agree that we may send you notifications via text (SMS) messages at the telephone number associated with your account, until you notify us that you no longer wish to receive these messages. You acknowledge that you are not required to consent to receive promotional text messages as a condition of using the Service.
THE FREQUENCY OF ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) WILL VARY BASED ON THE KINDS OF NOTIFICATIONS YOU SIGN UP TO RECEIVE AND YOUR USE OF THE SERVICE. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.
- TERM AND TERMINATION
- Term. This Agreement, which commences upon your use of the Service, will continue to apply to you until terminated by either you or MuSigPro.
- You may terminate this Agreement at any time by sending written notification to MuSigPro Support at firstname.lastname@example.org, subject to your terminating all use of the service. If you wish to delete any of your User Content from the Service, you can ask MuSigPro to do so by contacting MuSigPro at email@example.com
- MuSigPro may terminate this Agreement at any time with or without notice to you. MuSigPro also reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Service at any time if you breach any provision of this Agreement or violate the rights of any third-party copyright owner.
- Survival. Sections 2-4, 6-7, 8.b, 9.b, 9.c, 9.d 10-11, 13-23, 25-29, and all defined terms used therein, shall survive any termination of these Terms indefinitely.
- COINS AND VIRTUAL GOODS
The following terms apply to the extent permitted under law:
- Coins. The Service may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use virtual coins or other virtual currency exclusively within the Service (“Coins”). Such license is subject to your acceptance of this Agreement and any other applicable policies or agreements with MuSigPro. Coins can only be used in connection with the Service as permitted by MuSigPro and you may view your balance of Coins at any time in your account profile. Once redeemed, Coins will be deducted from your account balance and cannot be used again. You have no right to reverse a transaction once it is completed. In the event of any dispute, MuSigPro shall have the final determination over the calculation of your Coin account balance. MuSigPro may make certain features or functionality of the Service available that allow or require the redemption of Coins, and may in its sole discretion modify or discontinue any such features or functionality or otherwise change the manner in which Coins may be redeemed. The cost to purchase Coins is determined by MuSigPro in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that MuSigPro has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins as it sees fit in its sole discretion, and that MuSigPro will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in these Terms or any other terminology used, Coins have no monetary or “real world” value and can only be used with the Service. All purchases of Coins are final and non-refundable, and Coins may not be redeemed or exchanged for ”real” currency or any legal tender. Coins currently do not expire, but MuSigPro reserves the right to revoke the licenses to them, at any time without notice. In other words, you may redeem Coins for as long as MuSigPro chooses to make Coins redeemable through the Services, which MuSigPro has no obligation to continue to do.
- Virtual Goods. The Service may also offer you the ability to redeem Coins to obtain virtual goods, such as gifts that may be sent to other users (“Virtual Goods”). Similar to Coins, Virtual Goods are subject to a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license by MuSigPro for you to use the Virtual Goods exclusively in connection with the Service. Virtual Goods are MuSigPro Content and may not be reproduced, redistributed, or exported, and may only be used as permitted by MuSigPro. The amount of Coins needed to obtain Virtual Goods will be displayed at the point of redemption. MuSigPro may determine, in its sole discretion, what Virtual Goods may be available for redemption through the Service from time to time, and MuSigPro may change the selection of Virtual Goods or discontinue a Virtual Good at any time without any liability to you based on its exercise of these rights.
- Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you in connection with the Coins or Virtual Goods. Unless authorized in the Service, MuSigPro prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the “real world” of any Coins or Virtual Goods to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless MuSigPro expressly pre-approves such event in writing. Coins and Virtual Goods are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Article constitutes a material breach of MuSigPro’s Terms and may result in the termination of your ability to access the Service. MuSigPro may revise the pricing for Coins or Virtual Goods, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Terms and / or Community Guidelines, then your license to any Coins or Virtual Goods will automatically terminate and you will lose access to such Coins and Virtual Goods permanently. MuSigPro also reserves the right to terminate your Account if your Account has been inactive for 180 days. If MuSigPro reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Coins or Virtual Goods, MuSigPro reserves the right to restrict your access to and use of Coins, Virtual Goods or the Service. If you violate this Section, then other than the termination rights already mentioned, MuSigPro may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that MuSigPro incurs in connection with the violation
YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE COINS OR VIRTUAL GOODS, MUSIGPRO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED COINS OR VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
- Respect of Third-Party Rights. MuSigPro respects the intellectual property of others and takes the protection of intellectual property very seriously. We ask you to do the same. Infringing activity will not be tolerated on or through the Service.
- Repeat Infringer Policy. We will (i) remove or disable access to material made available on or through the Service that MuSigPro believes in good faith, upon notice from an intellectual property owner or his or her agent, to be infringing the intellectual property of a third party; and (ii) remove any User Content uploaded to the Service by "repeat infringers." MuSigPro considers a "repeat infringer" to be any User that has Posted User Content and for whom MuSigPro has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. MuSigPro has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon MuSigPro’s own determination./li>
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing substantially the following information to MuSigPro’s Designated Agent identified below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
- Identification of the specific 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 MuSigPro to locate the material;
- Information reasonably sufficient to permit MuSigPro to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the 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. You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement. We may share the Notification of Claimed Infringement with the User alleged to have infringed a right you own or control, and you hereby consent to MuSigPro making such disclosure.
- Designated Agent Contact Information. MuSigPro’s Designated Agent can be contacted at:
Via Mail: MuSigPro Pte. Ltd., 3 Research Link, #05-01, NUS, Singapore 117602.
- Or at firstname.lastname@example.org
- Counter Notification. If you receive a notification from MuSigPro that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide MuSigPro with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to MuSigPro’s Designated Agent through one of the methods identified in Section 15.d., and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the Singapore, then for any judicial district in which MuSigPro may be found, and that the subscriber will accept service of process from the person who provided notification under Section 15.c above or an agent of such person. A party submitting a Counter Notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification under the Copyright Act
- Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to MuSigPro in response to a Notification of Claimed Infringement, then MuSigPro will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that MuSigPro will replace the removed User Content or cease disabling access to it in 10 business days, and MuSigPro will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless MuSigPro’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on MuSigPro’s system or network.
- MOBILE SERVICES
The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, "Mobile Services"). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may apply to your use of the Mobile Services, and how much your use of the Mobile Services will cost you.
- WARRANTY DISCLAIMER
We make a significant effort to provide the best Service we can, but we make no promises, representation, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.
NEITHER MUSIGPRO NOR ITS AFFILIATES (COLLECTIVELY, "MUSIGPRO") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. MUSIGPRO WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
MUSIGPRO DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO MUSIGPRO PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE GREATEST EXTENT PERMITTED BY LAW MUSIGPRO DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW: MUSIGPRO, OUR LICENSORS, OUR LICENSEES, AND OUR SERVICE PROVIDERS (COLLECTIVELY, "MUSIGPRO PARTIES") SHALL NOT BE LIABILE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
MUSIGPRO’S LIABILITY, AND THE LIABILITY OF ANY OTHER MUSIGPRO PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF U.S. $100 OR THE TOTAL AMOUNT YOU HAVE PAID MUSIGPRO FOR SUBSCRIPTION-BASED ACCESS TO THE SERVICE AS OF THE DATE OF THE APPLICABLE CLAIM.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE MUSIGPRO PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- GOVERNING LAW
This Agreement is governed by the substantive laws of the State of California without regard to its laws that would direct the choice of any other state’s laws.
If you are a consumer who lives in the EU, this Section 19 is without prejudice to any rights you may have under mandatory law which cannot be varied by contractual choice of law.
This Section 20 does not apply if you reside in the European Economic Area or in another jurisdiction which prohibits mandatory arbitration clauses in consumer contracts.
- In the interest of resolving disputes between you and MuSigPro in the most expedient and cost effective manner, you and MuSigPro agree that any dispute arising out of or in any way related to this Agreement or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MUSIGPRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding Section 20.a above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and MuSigPro will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by contacting MuSigPro. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). MuSigPro's address for Notice is: MuSigPro Pte. Ltd., 3 Research Link, #05-01, NUS, Singapore 117602.. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or MuSigPro may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MuSigPro must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award, MuSigPro will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; or (2) the last written settlement amount offered by MuSigPro in settlement of the dispute prior to the arbitrator's award.
- Waiver of Class Actions. YOU AND MUSIGPRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MuSigPro agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Waiver of Jury Trial. YOU AND MUSIGPRO AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. You and MuSigPro are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and MuSigPro over whether to vacate or enforce an arbitration award, YOU AND MUSIGPRO WAIVE ALL RIGHTS TO A JURY TRIAL.
- Modifications to this Arbitration Provision. Except as otherwise provided in this Agreement, if MuSigPro makes any future change to this arbitration provision, other than a change to MuSigPro’s address for Notice, you may reject the change by sending MuSigPro written notice within 30 days of the change to MuSigPro’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and MuSigPro.
- Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor MuSigPro can force the other to arbitrate. To opt out, you must notify MuSigPro in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your MuSigPro username and the email address you used to set up your MuSigPro account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: MuSigPro Pte. Ltd., 3 Research Link, #05-01, NUS, Singapore 117602, or email@example.com.
- Enforceability. If Section 20.f above is found to be unenforceable, then the entirety of this Section 20 will be null and void. If this Arbitration Provision is invalidated in whole or in part, Section 21 shall govern any claim in court arising out of or relating to these Terms or your use of the Service.
To the extent a claim, dispute, or controversy arises out of or in connection with these Terms or your use of the Service that is not subject to mandatory arbitration under Section 20, both you and MuSigPro agree that all such claims and disputes will be litigated exclusively in Singapore. You and MuSigPro consent to the personal jurisdiction of both courts.
- TIME FOR FILING
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM AGAINST MUSIGPRO MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 20 (OR BY FILING AN ACTION UNDER SECTION 21 TO THE EXTENT SECTION 20 DOES NOT APPLY) WITHIN ONE 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. YOU AGREE THAT THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold MuSigPro harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) your access to, use, or misuse of MuSigPro Content or the Service; or (c) your User Content.
MuSigPro will provide notice to you of any such claim, suit, or proceeding. MuSigPro reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if MuSigPro believes that you are unwilling or incapable of defending MuSigPro’s interests. In such case, you agree to cooperate with any reasonable requests assisting MuSigPro’s defense of such matter at your expense.
- ADDITIONAL TERMS
From time to time, MuSigPro may require you to agree to additional terms and/or policies that it makes available to you in connection with your use of the Service or in connection with a special promotion ("Additional Terms"). Except as expressly stated otherwise, such Additional Terms are hereby incorporated into and subject to this Agreement. This Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
- LOCAL LAWS
We control and operate the Service from MuSigPro’s office in Singapore. MuSigPro makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than Singapore. Those who choose to access or use the Service from locations outside Singapore, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
- If MuSigPro provides a translation of the English language version of this Agreement, then the translation is provided solely for convenience, and the English version will prevail.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and MuSigPro as a result of this Agreement or your use of the Service.
- Failure of MuSigPro to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement.
- No waiver will be effective against MuSigPro unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
- Except as expressly agreed by MuSigPro and you, these Terms constitute the entire agreement between you and MuSigPro with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
- The Section headings herein are provided merely for convenience and will not be given any legal import.
- This Agreement will inure to the benefit of MuSigPro’s successors and assigns.
- You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of MuSigPro. MuSigPro may assign this Agreement, including all its rights hereunder, without restriction.
- CONTACT US
If you would like to contact MuSigPro in connection with your use of the Service, you may reach out by mail at MuSigPro Pte. Ltd., 3 Research Link, #05-01, NUS, Singapore 117602, or firstname.lastname@example.org.