Welcome to Musations (the "Service"). The Service gives you the ability to create Musations by adding music to your text messages, photos, videos or images. The Service is operated by Musations Ltd incorporated in England with company registration number 08972238 ("we", "us" or "our") who is the owner and operator of www.musations.com (the "Musations Site") and the Musations application software and platform.
1.1 You represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
1.2 You are solely responsible for keeping your password confidential and secure. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
1.3 We reserve the right to remove, exchange or surrender your username for any reason at any time.
1.4 The Service provides you with the capability to create, share and post data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, narration, musical works, works of authorship, applications, links and other content or material to create a "Musation", comment, question and other material or information (any such "Musations", comments, questions, materials or information and the constituent elements thereof being "Content").
1.5 You are solely responsible for your conduct and the Content that you provide, share, submit, post or display on or through the Service. We have no liability for in relation to your use of the Service.
2.2 We may remove or suspend access to the Service at any time for any reason.
2.3 We reserve the right to refuse access to the Service to anyone for any reason at any time.
2.4 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for the conduct of any user.
2.5 You should exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
2.6 You agree that you are responsible for all data charges you incur through use of the Service.
2.7 Your access to the Service may occasionally be suspended or restricted. This may be done, for example, to allow for repairs, maintenance or the introduction of new facilities or services. We accept no liability if the Service is unavailable for any reason.
2.8 The views expressed in any communications made by a user are the views of the user and not ours unless we specify otherwise. In particular, but without limitation to the above, we are not responsible for, and disclaim all liability in respect of, any comments, views or remarks expressed in any communications made by users.
2.9 You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content
2.10 If you correspond with other users or third parties found through the Service you do so at your own risk. Such correspondence and/or dealings are solely between you and the third party.
2.11 If you are using the Service on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity.
3.1 You must not:
a) post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content via the Service;
b) solicit, collect or use the login credentials of other users;
c) use the Service to defame, intimidate, threaten or impersonate people or entities and you must not post private or confidential information on or through the Service;
d) use the Service for any illegal or unauthorised purpose;
e) change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service;
f) with the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, create an account for anyone other than yourself;
g) create or submit unwanted email, comments, likes or other forms of communications to any users;
h) interfere or disrupt the Service or servers or networks which are used by the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
i) use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Musations servers in a given period of time than a human can reasonably produce in the same period by using a Musations application, and you are forbidden from ripping the content unless specifically allowed;
j) create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
l) use domain names or web URLs in your username without our prior written consent.
3.2 We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
3.3 You must not access our private API by means other than those permitted by us.
4.2 We reserve the right to modify or terminate all or part of the Service, or your access to the Service, for any reason, without notice, at any time, and without liability to you.
4.3 You can deactivate your account by logging into the Service and selecting 'Delete account' in Settings.
4.4 If we terminate your access to the Service or you deactivate your account as per above, your audio files, photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your Content), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others); we will however use reasonable efforts to remove this Content.
5.1 When using the Service you may be able to access content from the Apple iTunes store. Your access to the iTunes store and your use of that service is governed by the iTunes terms and conditions (http://www.apple.com/legal/internet-services/itunes/ww/)
5.3 You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree that: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold us harmless for activity related to the Application.
6.1 We do not claim ownership of any Content that you post on or through the Service. Instead, you grant to us a non-exclusive, perpetual, royalty free, transferable, assignable, sub-licensable, worldwide licence to use the Content that you post on or through the Service.
6.3 You may not use the Service for commercial purposes unless you are the copyright holder or you have obtained all necessary rights and licenses to use all images, musical works, sound recordings, narrations, and other materials that make up your Content for commercial purposes.
6.4 The Service contains content owned or licensed by us ("Our Content"). Our Content is protected by intellectual property laws and other laws, and, as between you and us, we own and retain all rights in Our Content (and in the Service itself). You will not remove, alter or conceal any copyright, trade mark, service mark or other proprietary rights notices incorporated in or accompanying Our Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Our Content.
6.5 The "Musations" name and logo are trade marks which are owned by us, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are our service marks, trade marks and/or get-up, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
6.6 We reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable by you. Consequently, we encourage you to maintain your own backup of your Content. The Service is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
6.9 It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
6.10 The Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
8.1 The Service, including, without limitation, Our Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) Our Content; (c) the content submitted by others users; or (d) security associated with the transmission of information to us or via the Service.
8.2 To the extent permitted by law, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
8.3 To the extent permitted by law, we do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. To the extent permitted by law, we do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk. We do not warrant that your use of the Service is lawful in any particular jurisdiction, and we specifically disclaim such warranties.
8.4 You understand and agree that we cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk.
8.5 By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
8.6 Under no circumstances will we be liable to you for any for any:
a) indirect, incidental or consequential losses or damages; or
b) any loss of profits, loss of business, loss of goodwill, loss of or damage to data, work stoppage, inaccuracy of results, or computer failure or malfunction (in each case whether direct, indirect, incidental or consequential), if foreseeable or even if we have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.
8.7 In no event will our total liability to you for all damages, losses or causes or action exceed fifty British pounds (£50.00).
8.9 We are not liable for any loss which you suffer which is caused by anything which is outside our reasonable control.
8.10 You acknowledge that we are not responsible for the actions, content, information, or data of third parties.
10.1 You agree that any claim you may have arising out of or related to your relationship with us must be issued within one year after such claim arose. If you do not bring your claim within such time period then your claim is permanently barred.
12.1 The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
13.3 Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.