Terms of Service

Terms of Service agreement

Last revised: 01 March 2012

Effective as of: 9 September 2011

ATTENTION:

Please read the following terms and conditions carefully.

The terms and conditions detailed here, as well as in the privacy policy statement ("Privacy Policy), are collectively referred to as the Terms of Service agreement ("Terms"). The Terms govern your access to and use of the musific.com website ("Site), including any content, information, products and/or services ("Services) therein.

This is a legal agreement between you and Musific AS, incorporated in Norway ("Company). Company reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms without notice. Any modification to the Terms will be in effect after they are posted on the Site, unless applicable law requires a longer notice period. By continuing to use or access the Site and Services after Company makes any such modification, you agree to be legally bound by the revised Terms.

YOU UNDERSTAND THAT BY USING THE SERVICES OFFERED BY COMPANY THROUGH THE SITE OR WITH RESPECT TO YOUR ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS.

IF YOU DO NOT ACCEPT THE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED.

The following sets forth the standards of use and the terms and conditions for your access:

1. Acceptance of Terms

Your registration on the Site is for your own personal and business use. By completing the process of registration you are granted a personal account and become a User. You are responsible for logging out if your computer is accessible to others in order to prevent unauthorized access to your account.

The Site provides a collection of online resources collectively referred to as the Services, comprising (but not limited by): a messaging system, calendar tools, booking and contracting tools, a profile page, data input tools for maintenance of biography information, an image gallery, performance itineraries, discography, equipment lists, link sharing, tags; a net shop for sale of merchandise and digital products; social and meshed services; and Web Services application programming interfaces (APIs). Use of the Services is subject to the acceptance of the Terms, which may be updated from time to time. We will provide notice of materially significant changes to the Terms by posting notice on the Site.

By using the Services in any way, you agree to comply with the Terms. In addition, when using particular Services, you agree to abide by any applicable posted guidelines for all Services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.

Either you or Company may terminate your registration and access to the Services at any time, for any reason, without explanation. Your termination of this agreement is effective upon sending written notice to Company. Company reserves the right to immediately suspend or terminate your access to the Services, without notice, upon any breach of the Terms by you.

2. Content

You understand and acknowledge that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you as a registered User post, email or otherwise make available via the Services. You understand that Company does not control, and is not responsible for Content made available by the Users through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You understand and acknowledge that Company does not moderate or approve Content, but that Company shall have the right (but not the obligation) at its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or spirit of the Terms, or for any other reason. Notwithstanding this right of Company, you remain solely responsible for the Content you as User post in any area of the Services, whether for public access or restricted to some or all registered Users, and in your private messages.

Furthermore, the Content available through the Services may contain links to other websites which are completely independent of the Site. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.

You agree that you must evaluate and bear all risks associated with the use of any Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services.

Offers, opinions, advice, statements, or other information or Content made available through the Services by the Users, and not directly by Company, are those of their respective authors and providers, and such authors and providers are solely responsible for such Content. Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any offer, opinion, advice, statement or other information presented by the Users.

Under no circumstances will Company be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Site or transmitted between Users.

Company takes precautions to avoid unauthorized access to the Site and the Services; however, we offer no guarantee that such may not occur.

3. User Contracts

You understand and acknowledge that any agreements and obligations ("Contracts") that you enter into as User of the Services, with any other User and for any purpose and reason, are Contracts for which the parties as Users carry the full responsibility, whatever the outcome and consequences of such agreements and obligations.

You understand and acknowledge that you as a User at your own discretion may enter into Contracts with other Users in the pursuit of your mutual business interests, and that Company not in any way is party to any Contract entered into by the Users, and only acts as provider of the Services used for these means. Company is neutral to any conflicting issues that could arise between Users as parties to Contracts entered into by the use of the Services, and is not party to any arbitration between them. The Services provide Users logs of the exchanges in the course of their dealings, and Company will on request provide verification of said logs.

Content made available by you through the Services for exclusive access by designated Users will be treated as private by Company to the extent required by applicable law.

Company is not responsible for any personal information that you disclose on the Services and exchange with other Users in the conduct of your business, other than to the extent designated by applicable law.

Company declares explicitly that confidentiality, as regards personal and business pertinent information that is disclosed to others by the use of the Services, is the sole responsibility of the individual User. Furthermore, Company declares that the Users' trust and confidence regarding their own control of such pertinent information are of paramount importance for the standard of service that Company strives to achieve, and will manifest in all aspects of Company's business conduct.

Under no circumstances will Company be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Site or transmitted between Users in the course of negotiating a Contract, or for any loss or damage resulting from anyone's breach of any term in a Contract negotiated by the use of the Services, even if for any reason the Services should malfunction or be inaccessible for the parties to a Contract.

Please carefully consider the type of information that you post on the Site or release to others through the Services, and ensure that you maintain a copy of any Contract negotiated by the use of the Services, if for any reason the Services should malfunction or be inaccessible.

4. Communications

Implicit in the context of the Services is communication between Users, and between Company and Users, via email, SMS, internal messages, and other channels to be provided. You agree to receive these messages via the communication channels you specify for your account, and which are necessary for the normal functioning of the Services. These communications may at your discretion include, email and SMS notifications of your internal messages from Company and other Users.

5. Modifications and Interruption of Services

Company reserves the right to modify or discontinue the Services with or without prior notification to the registered Users. Should Company discontinue the Services, Company will refund any unfulfilled service or payments to the User according to the specified terms defining such Service Agreements that the User signs up and registers for, for the applicable time due to the Services being discontinued.

Company shall not be liable to the User or any third party for any other reason should Company exercise its right to modify or discontinue the Services. The User acknowledges and accepts that Company does not guarantee continuous, uninterrupted or secure access to our Site and Services as they may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Conduct and Responsibilities.

You are solely responsible for your conduct and any Content that you submit, post, and display on the Site, and your responsibilities include (but are not limited by) the following:

You are responsible for any activity or Content associated with your username(s).

You are responsible for keeping your password secure.

You must be 15 years of age or older to register to use the Services as a User.

You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of others' privacy, or harms minors in any way.

You must not submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

You must not submit Content that impersonates any person or entity, including, but not limited to, a Company employee or another registered User; or falsely states or otherwise misrepresents your affiliation with a person or entity, whether this person or entity is a registered User or not.

You must not submit Content that includes non-public personal or identifying information about another person or entity without that person's or entity's explicit consent.

You must not submit Content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch".

You may not use the Services for any illegal or unauthorized purpose.

International users agree to comply with all local laws regarding online conduct and acceptable content.

You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with Company or the Site.

You must not create or submit unwanted email to any User(s) outside the scope of the intended use of the Services ("SPAM").

You must not create or submit intentionally false or misleading information.

You must not transmit any worms or viruses or any code of a destructive nature.

You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must accept specified amendments to the Terms to use any part of the Services for any commercial purpose other than those Company expressly offer through the Services.

Violation of any of these Terms will result in the termination of your account.

You understand and agree that Company cannot be responsible for the Content posted on the Site, and while Company prohibits unacceptable conduct and Content on the Site, you nonetheless may be exposed to such materials, and you accept to use the Services at your own risk.

7. General Conditions

Company reserves the right to modify or terminate all or any portion of the Services for any reason, without notice at any time.

Company reserves the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, Company will notify you via the the internal messaging system, as well as by posting on the Site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

Company reserves the right to refuse access to the Services to anyone for any reason at any time.

Company may, but has no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

The Services enable Users to interact and establish business relationships without Company being party to such relationships in any way other than by providing the platform for the opportunities.

Company does not represent or warrant that the Services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete or otherwise valid.

The Services are provided "as is" with no warranty, express or implied, of any kind; and Company expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and or non-infringement.

In addition, Company expressly disclaims any and all representations and warranties relating to quotes and promises and contracted obligations between Users resulting from the use of the Services.

Company shall not, under any circumstances, be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Services.

To the maximum extent permitted by applicable law, Users hereby release and waive all claims against Company, and its affiliates, officers, agents, licensors, shareholders and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to use of the Services.

8. Proprietary Rights

Knowledge Interactive Int. AS ("KII"), incorporated in Norway, is the affiliate of Company that owns and retains the proprietary immaterial rights in all Services offered on the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of KII, Company, its licensors and licensees, and its Users. Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

By posting Content to any public area of the Site you automatically grant to Company, and warrant that you represent and have the right to grant an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license for Company to allow Users access to such Content in the context of the Services.

While Company does not claim ownership of Content that Users post, by use of the Services you automatically grant to Company, and warrant that you represent and have the right to grant an irrevocable, perpetual, fully paid, worldwide license to collect and distribute statistical traffic and interaction data from the use of the Services related to such Content, and to prepare derivative works of, or incorporate into other works, said statistical data.

9. Copyright and Trademark Information

All Content and Services included or available on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are �2011 KII, with all rights reserved; or is the property of Company and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company is strictly prohibited.

Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Site web pages or the Content contained therein without prior written permission of an authorized officer of Company.

Musific™ and musific.com™ are proprietary marks of KII and the trademarks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Company.

All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or Users. In addition, such use of trademarks or links to the web sites of Vendors and Users is not intended to imply, directly or indirectly, that those Vendors or Users endorse or have any affiliation with Company, unless it is expicitly stated.

Although Company does not claim ownership of Content that Users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Company for notice of claims of copyright or other intellectual property infringement, at support@musific.com.

Please provide Company with the following information that will be forwarded to the alleged infringing party:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed
  2. Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
  5. Your address, telephone number, and email address
  6. Your physical or electronic signature

10. Privacy and Information Disclosure

Company has established a Privacy Policy to explain to users how their information is collected and used, located at http://musific.com/privacy. Your use of the Site and Services signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Company may, at its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time-stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary for any of the following purposes: (1) to comply with legal process, (2) to enforce these Terms, (3) to respond to claims that any Content violates the rights of third-parties, or (4) to protect the rights, property, or personal safety of Company, its Users, or the general public.

11. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Company email addresses or through Company computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Norway. Any unauthorized use of Company computer systems is a violation of these Terms and certain national and international laws, including without limitation the Norwegian Law and any applicable European Union Law that Norway has sign up to. Such violations may subject the sender and his or her agents to civil and criminal penalties.

12. Termination of service

You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-4, and 7-17 shall survive termination of these Terms.

13. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

14. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE.

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

15. Indemnity

In no event shall KII or Company be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, expected savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of the Services.

You agree to indemnify and hold KII, Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any other User or third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

16. General information

The Terms constitute the entire agreement between you and Company and govern your use of the Services as you register to become a User and supersedes any prior agreements between you and Company.

In due time Users will be offered the opportunity to sign up to extensions of the Services ("Extended Services") that will introduce specified supplementary clauses to these Terms. Use of Extended Services requires accepting an Extended Terms of Service agreement ("Extended Terms") that will include clauses for the specific Extended Services you sign up for. The Extended Terms will then include clauses related to subscribed Extended Services in addition to these Terms.

You can access the Terms including any Extended Terms when logged in to your User Account.

The Terms and the relationship between you and Company shall be governed by the laws of Norway without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Oslo, Norway. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Other Terms

If any provision of this Terms of Service agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service agreement and any other agreements referenced herein may be assigned by Company, at our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your registration to use the Services as a User.

Registering as a User you agree that by accepting these Terms, you consent to the use and disclosure of your Personally Identifiable Information and other practices as described in our Privacy Policy.

Company may revise these Terms at any time by updating and amending this posting. You should review this page from time to time to review the current Terms as they are binding when accepted.

18. Violations of Terms and Liquidated Damages

Please report any violations of the Terms, by flagging the posting(s) for review, to support@musific.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.