museLIVE Inc.(“The Company” “we,” “us,” “our”) provides its services (described below) to you (“user”) through its mobile applications, mac applications, and website located at muse.live (collectively, such services, including any new features and applications, the “Service(s)” or “museLIVE”), subject to the following Terms of Service.
Please read these Terms carefully before using Services, as they form a legally binding contract between you and museLIVE Inc. (the “Company” or “we” or “us”). In order to use museLIVE or any other products or services that link to these Terms (collectively, the 'Service'), you must have accepted our Terms as well as the terms of our privacy policy, both of which are presented to you (i) when you first open our app and (ii) when we make any material changes thereto. If you do not accept these Terms or our Privacy Policy, do not use the Service and contact us (info.muse@muse.live) to terminate your account immediately.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately, and your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Your continued use of the Service after such revision will constitute your agreement to such revised Terms. If you do not agree to any of these Terms, as they may be revised then your sole remedy is to delete your account which will terminate these Terms.
Your access to and use of the Service is also subject to our Privacy Policy located at https://privacy-policy.muse.live. All such terms are hereby incorporated by reference into these Terms of Service.
The Service is designed to allow musicians to engage in audio-based conversations with fans and perform live music in high-quality audio.
The Service is restricted for use by any persons under the age of 18 or for any users previously removed or banned from the Service by us. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE PROHIBITED FROM USING THE SERVICE AND MUST TERMINATE YOUR ACCOUNT AND DELETE THE APP IMMEDIATELY IF ALREADY INSTALLED.
By using the Service, you state that: (i) you can form a binding contract with museLIVE Inc. Inc.; (ii) you are not a person who is barred from receiving the Service under the laws of the United States, South Korea, Japan, Canada, the United Kingdom, Australia or any other applicable jurisdiction; (iii) you will comply with these Terms and all applicable local, national, and international laws, rules, and regulations.
If you are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these Terms and to agree to these Terms on behalf of the business or entity
In order to access the full benefits of the Service, you will have to create a museLIVE account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, including safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the security of your account. If you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account, please notify the Company immediately at: info.muse@muse.live
You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to (a) immediately notify museLIVE Inc. of any unauthorized use of your passcode or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. museLIVE Inc. will not be liable for any loss or damage arising from your failure to comply with this Section.
The Service enables Users to create, transmit, and listen to live and recorded stream audiovisual content (“Broadcast Content”). All User activity on the Service, including the broadcasting of and commenting on any Broadcast Content is publicly available on the Service. Notwithstanding the guidelines and restrictions set forth in our Terms of Service and Community Guidelines, User discretion on the Service is advised.
The Service is accessible via mobile phone, tablet or other wireless device (collectively, “Mobile Services”) and your use of the Mobile Services constitutes your acknowledgement and acceptance of your mobile carrier’s normal messaging, data, and other rates and fees, which may apply. You are solely responsible for verifying with your mobile carrier as to whether the Mobile Services are available for your mobile device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
The Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions, or you have our written permission to do so.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by museLIVE Inc., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by museLIVE Inc. from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of museLIVE Inc., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by museLIVE Inc.
You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without our prior written consent.
If you breach any of your material obligations under these Terms, we may terminate your account and confiscate any Virtual Items therein.
The Company reserves all rights not expressly granted to you in this Terms of Service. Accordingly, nothing in these Terms or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Company Content (defined below) or trademarks located or displayed therein.
museLIVE Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that museLIVE Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that museLIVE Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on museLIVE Inc.’s servers on your behalf. You agree that museLIVE Inc. has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that museLIVE Inc. reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that museLIVE Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding museLIVE Inc. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your museLIVE Inc. account information to ensure that your messages are not sent to the person that acquires your old number.
By Posting Content to the Service, you must abide by the following restrictions: (i) you must own the Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your Content on or through the Service must not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) the Posting of your Content on the Service must not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your Content on the Service must not result in a breach of contract between you and a third party, nor will it be in violation of any applicable law or regulation. You are solely responsible for all audio, voice, video, images, information, data, text, music, sound, photographs, graphics, messages or other materials (“content”) that you stream, upload, post, publish or display (hereinafter, “upload” or “post”) or email or otherwise use via the Service.
By uploading any Content you hereby grant and will grant museLIVE Inc. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to museLIVE Inc. are non-confidential and museLIVE Inc. will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that museLIVE Inc. may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of museLIVE Inc., its users and the public. By using the Service, you consent to having your audio temporarily recorded when you speak in a room. These temporary audio recordings are solely used for Trust & Safety incident investigations. For more details on how this works, please consult our Privacy Policy. You also understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The following are examples of the kind of content and/or use that is illegal or prohibited by museLIVE Inc. You agree to not use the Service to post the following content:
- Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, sounds, voices, photos or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts; and pursue maximum legal actions
- Violence and Bullying (i.e. Content may not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide); and
- Hate Speech (i.e. Content may not promote bigotry, discrimination, hatred, intolerance, or racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity); and
- Sensitive Events (i.e. Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not permitted); and
- Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including, without limitation, stalking and sexually exploiting any User); and
- IP Infringement (i.e. Content which infringes on any third party’s rights, including copyright, trademark, privacy and publicity rights).
- Content that poses or creates a privacy or security risk to any person
- Content that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
The following are examples of the kind of actions that is illegal or prohibited by museLIVE Inc. You agree to not use the Service to:
- record any portion of a conversation and live music performance without the expressed consent of all of the speakers and musicians involved
- share information (on museLIVE or elsewhere) that the users explicitly stated was to be treated as “off the record”
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- promote or aid in the building of a competitive product or service, copy the Service’s features or user interface, or solicit users or customers from the Service;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
If you experienced objectionable content or abusive users, you should notify museLIVE Inc. through the report function on museLIVE Service or email at info.muse@muse.live. MUSELIVE WILL ACT ON THE CLAIM WITHIN 24 HOURS.
museLIVE Inc. reserves the right to investigate and take appropriate legal action against anyone who, in museLIVE Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS.
We have the right to remove and/or refuse to post or exhibit publicly any Content, which we determine to be Prohibited Content. We also have the right to take any action(s) we deem necessary and/or appropriate against any User who Posts Prohibited Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s Content Posted on the Service and/or reporting the User to law enforcement authorities.
We also have the right to access, read, preserve, and disclose any information or take any other legal action that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Users and the public. Notwithstanding the foregoing, we do not disclose personally identifying information to third parties except in accordance with our Privacy Policy (as further described below). If you Post any Prohibited Content, you are responsible for defending any third party claims which may be raised against you arising from your Posting of such Prohibited Content. All legal actions will be pursued vigorously for all above offenses against minors, as the User Account will be suspended immediately at the same time
museLIVE Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify museLIVE Inc. of your infringement claim in accordance with the procedure set forth below.
museLIVE Inc. will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to museLIVE Inc. at info.muse@muse.live (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you submit or Post your Content on or through the Service, such content may be distributed, viewed and accessed and commented by other Users and we will not be held liable for any unauthorized use of Content or comment thereon by any User, under any circumstance.
Under no circumstances will museLIVE Inc. be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that museLIVE Inc. does not pre-screen content, but that museLIVE Inc. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, museLIVE Inc. and its designees will have the right to remove any content that violates these Terms of Service or is deemed by museLIVE Inc., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Users have the ability to post Content to, or transmit through, the Service. While we endeavor for all Content to comply with our Community Guidelines, we do not pre-screen any Content submitted or shared by any user. We do however have the right, to delete, disallow, or temporarily or permanently block any Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable law, or (ii) in response to any complaint(s) from other Users, with or without notice. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any Content, and any use or reliance by you on any Content is at your own risk and Company shall not be held liable for any such Content under any circumstances.
By Posting Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your 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 or with respect to any Content you Post to or through the Service.
If you believe your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, museLIVE Inc. will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, museLIVE Inc. has adopted a policy of terminating, in appropriate circumstances and at museLIVE Inc.'s sole discretion, users who are deemed to be repeat infringers. museLIVE Inc. may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to release, indemnify and hold museLIVE Inc. and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. museLIVE Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
museLIVE Inc. MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT museLIVE Inc. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF museLIVE Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL museLIVE Inc.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID museLIVE Inc. IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.`}