Terms of Service

These Terms of Service are effective as of 12th August 2020.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT, YOU AGREE THAT DISPUTES BETWEEN YOU AND MUSOSO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

General

Your use of the Musoso website ("Website") and any Musoso products, profiles, software, data feeds, services, including the Musoso embeddable media player("MMP"), provided to you on or through Musoso (collectively the "Service") is subject to the terms of a legal agreement between you and Musoso, "Musoso" which means Musoso LTD, whose principal place of business is in London, United Kingdom.

Basic Terms

  1. You must be at least 13 years old to use thisService.

  2. You, and only you are responsible for keeping your password secret and secure.

  3. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

  4. You must not defame, bully, abuse, stalk, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service this can include but is not limited to another person's credit or debit card information, NIS number or alternate national identity numbers, non-public phone numbers or non-public email addresses.

  5. Violation of these Terms of Service may, in Musoso's sole discretion, result in termination of your Musoso account. You understand and agree that Musoso cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Musoso, we can stop providing all or part of the Service to you.

  6. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other Musoso terms.

  7. You must not create accounts with the Service through unauthorized means, including but not limited to, using an automated device, script, bot, spider, crawler or scraper.

  8. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communication (a/k/a "spam") to any Musoso users.

  9. You agree that you will not solicit, collect or use the login credentials of other Musoso's users.

  10. 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, with the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Musoso prohibits the creation of, and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Musoso 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.

Musoso and you

Your legal agreement with Musoso is made up of (A) the terms and conditions which are delineated in this document, (B) Musoso's Community Guidelines and (C) Musoso's Data and Privacy policy (collectively called the "Terms").

The Terms form a legally binding agreement between you and Musoso in relation to your use of the Service it's of utmost importance, you take time to read them carefully.

The Terms apply to all users of the Service including users who are also contributors of content on the service, "Content includes, the text, software, scripts, graphics, photos, sounds, music(including textual representations of artistic works i.e lyrics) , videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the service.

Description of the Platform

The Platform is a hosting service. Registered and designated users (of Musoso's choosing) of the platform may submit, upload and post audio, photos, pictures, graphics, comments, annotations, video, data or information, which will all be stored by Musoso at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the platform, using tools and features provided as part of the Platform. Musoso reserves the right to designate user permissions at any time.

Accepting the terms

Use of the Service requires, you the User to agree to Terms, if you are not in agreeance you may not use the Service.

You can accept the Terms simply by using the service. You understand and agree that Musoso will treat your use of the Service as agreeance with the Terms from that point onwards.

You may not accept the Terms if (a) you are of not of legal age to form a binding contract with Musoso (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are a resident or from which you access or use the Service

You should print off or save a local copy of the Terms for your records

Changes to the Terms

Musoso reserves the right to make changes to the Terms at any time, for example to adequately address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore it is suggested you look at the Terms regularly to check for such changes. Any modification will be delineated Here or be made available within the Service if you do not agree with any modifications in the Terms you must stop using the Service as continued use of the Service will constitute your acceptance of the modified Terms

Musoso Accounts

In Order to access certain features of Musoso or other elements of the Service, you will have to create a Musoso account. When creating an account, you must provide accurate and complete information, it is important that you keep your Musoso account password secure and confidential.

You must notify Musoso immediately of any breach or security or unauthorised use of your Musoso Account that you become aware of.

You agree that you, and you alone will be solely responsible (to Musoso and to others) for all the activity that occurs under your Musoso account.

You also agree that Musoso is not responsible or liable for the conduct of any user. Musoso reserves the right, but not the obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgement when interacting with others, including when you submit or post Content or any personal or other information.

General restrictions on use

Musoso hereby grants you permission to access and use the Service, subject to the subsequent express conditions, and you agree that your failure to adhere to any of these conditions will result in a breach of these terms on your part.

  1. You agree not distribute parts of Musoso or the Service including to but not limited to any content in any medium without Musoso's prior written authorisation, unless Musoso makes available the means for such distribution through functionality offered by the Service such as the MMP.

  2. You agree to not alter or modify any part of the Website or any of the Service (distribute parts of Musoso or the Service(including but not limited to the MMP and related technologies.

  3. You agree not to access Content through any technology or means other than via media playback pages or playback panes of Musoso itself, the MMP or such modify any part of the Website or other such means as Musoso may explicitly designate for this purpose.

  4. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that:

    1. Prevent or restrict use of copying of Content.

    2. Enforce limitations on the use of the Service or content accessible via theService.

  5. You agree not to use the Service (including the MMP) for any of the following commercial uses unless you obtain Musoso's prior written approval

    1. The sale of access to the Service.

    2. The sale of advertising, sponsorships or promotions placed on or within the Service that are not made via the Service common exemptions include affiliate links generated via the platform.

    3. The sale of advertising, sponsorships or promotions placed on any page of an ad enabled blog or website containing content delivered via the Service unless other material not obtained from Musoso appears on the same page and is of sufficient value to be the basis for such sales.

  6. Prohibited commercial use shall not include(i) uploading original media to Musoso (ii) maintaining an original channel on Musoso in order to promote artistic or/and a commercial enterprise,(iii) showing Musoso media via the MMP on an ad-enabled blog or website subject to those advertising restrictions set out above(iii).

  7. If you use the MMP on your website, you may not modify, build upon or block any portion or functionality of the MMP including but not limited to links back the Website

  8. You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more requests messages to Musoso's Servers in a given period of time that a human can reasonably produce in the same period by using a publically available standard (i.e. not modified) web browser.

  9. You agree not to use the Website or Services (including commenting, annotating, and email features in the Website for solicitation of business in the course of trade or connection with a commercial enterprise.

  10. You agree not to solicit any users of the Website, for commercial purposes unless given the express permission to do so by Musoso with respect to their content.

  11. You agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by normal functionality of the Service, and solely for Streaming of media. "Streaming" means a contemporaneous distribution of the material by Musoso via the medium of the internet to a user operated internet device in such a manner that the data is intended for real-time consumption and not intended to be downloaded (either permanently or temporarily), copied ,stored or redistributed by the user.

  12. You under any circumstances will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Musoso.

You agree that you will comply with all other provisions of the Terms and Musoso's Community Guidelines at all times during your use of the Service.

Musoso grants all operators of public search engines permissions to use spiders to copy materials from the site for the sole purpose of creating publicly searchable indices of materials, but not caches or archives of such materials. Musoso reserves the right to revoke these exceptions either generally or in specific cases

Musoso is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Musoso provides may change without prior notice to you.

As part of this ongoing innovation you acknowledge and agree that Musoso may stop (permanently or temporarily) providing the Service to you or the general user at Musoso's sole discretion, without prior notice to you .You personally, may stop using the Service which Musoso provides at any time you do not need to specifically inform Musoso when you stop using the Service.

Important Artist Stuff

Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to the Platform, (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Musoso. You are however required to grant limited licence rights to Musoso and other users of the Service.

Musoso does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth in Your Use of the Platform, you must not upload, store, distribute, send, transmit, display, perform or continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in a revocation of your Artist status or in termination of your access to the, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Musoso shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

You reserve the right to ask for what you deem to be your own content to be removed if another Artist has uploaded it to Musoso's Servers. Musoso may investigate and remove the content but is under no obligation to do so. You may also be asked to provide evidence of your identity and also ownership of your corresponding body of work, failure to do will result in no further action being taken on the part of Musoso.

Musoso has an obligation to pay you a set percentage of the fees it receives for any converted campaign that can digitally be traced back to you, the user, Musoso is however not required to do so in the case the of non-payment by the advertiser.

Musoso reserves the right to change affiliate percentage split fees at any time,Musoso does not have the obligation to notify you, but may do so, your continued use of the Service will constitute compliance to any new change in how fees from affiliate marketing campaigns will be split percentage wise.

Copyright Policy

Musoso operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.

As part of Musoso's copyright policy, Musoso will remove Artist status or terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity on more than one occasion.

What is deemed to be an infringement is ultimately decided by Musoso. The alleged right's holder at this point must seek further action from a 3rd party.

Content

As a Musoso account holder, you may submit Content. You understand that whether or not Content is published Musoso does not guarantee any confidentiality with respect to Content.

You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Musoso does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Musoso expressly disclaims any and all liability in connection with your Content.

You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, 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 Musoso with respect to any such Content.

You agree that you will not post or upload any Content which contains material of which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Musoso to use or possess in connection with the provision of the Service.

On becoming aware of any potential violation of these Terms, Musoso reserves the right (but shall have no obligation) to decide whether your Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

You hereby acknowledge and agree that Musoso (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Musoso excludes all liability with respect to all content (including Y

You hereby acknowledge and agree that Musoso cannot and does not review the content created or uploaded by its users, and neither Musoso nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law. Musoso and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Service by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Musoso or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Rights you license

The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, which are retained by you.

Links from Musoso

The Service may include hyperlinks to other web sites that are not owned or controlled by Musoso. Musoso has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

You acknowledge and agree that Musoso is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Musoso is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Musoso encourages you to be aware when you leave the Service, and to read the terms and conditions and privacy policy of each other website that you visit.

Limitation of Liability

Nothing in these Terms shall exclude or limit Musoso's liability for losses which may not be lawfully excluded or limited by applicable law.

Musoso and its Affiliates, Successors, and assigns, and their respective Employees, Agents, Directors, Officers and Shareholders shall not be liable to you for :

    Any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) Any loss of data suffered by you; Any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; Any changes which Musoso may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); The deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; Your failure to provide Musoso with accurate account information; Your failure to keep your password or Musoso account details secure and confidential. Any misconduct by other users or third parties using the platform, especially in breach of this agreement. Any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach

The limitations on Musoso's liability to you, above shall apply whether or not Musoso has been advised of or should have been aware of the possibility of any such losses arising.

General legal terms

The Terms constitute the whole legal agreement between you and Musoso and govern your use of the Service and completely replace any prior agreements between you and Musoso in relation to the Service. All other terms of service that Oso industries LTD. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.

You agree that Musoso may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

You agree that if Musoso does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Musoso has the benefit of under any applicable law), this will not be taken to be a formal waiver of Musoso's rights and that those rights or remedies will still be available to Musoso.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

You acknowledge and agree that each member of the group of companies of which Musoso is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.

The Terms, and your relationship with Musoso under the Terms, shall be governed by English law. You and Musoso agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Musoso shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Indemnification

You hereby agree to indemnify, defend and hold harmless Musoso, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. any violation by you of these Terms of Use or our Community Guidelines ;

  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;

  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Musoso.

Applicable law and jurisdiction

Except where otherwise required by the mandatory law of the United States or any member state of the European Union

(i) this Agreement is subject to the laws of the Great Britain, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and

(ii) you hereby agree, and Musoso agrees, to submit to the exclusive jurisdiction of the courts in United Kingdom for resolution of any dispute, action or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Musoso seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Musoso or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Musoso, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Data protection, privacy and cookies

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Musoso in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy.

Meetups and gatherings

Musoso may schedule meet ups and gatherings or meet ups may be scheduled via the for its users, many users may choose to organize and attend face-to-face meetings at venues all over the world (“Meetups”). While Musoso is generally supportive of Meetups and may provide branded promotional materials to help organizers promote their Meetups, Musoso does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and Musoso does not bear any responsibility or liability for the actions of any Musoso users or any third parties who organize, attend or are otherwise involved in any Meetups.

Ending your relationship with Musoso

The Terms will continue to apply until terminated by either you or Musoso as set out below.

If you want to terminate your legal agreement with Musoso, you may do so by (a) notifying Musoso at any time and (b) closing your Musoso account. Your notice should be sent via email or by post.

Musoso may at any time terminate its legal agreement with you if :

Exclusion of Warranties

Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

The Service is provided "as is" and Musoso makes no warranty or representation to you with respect to them.

In particular Musoso does not represent or warrant to you that :

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.