Neue Nutzungsbedingungen 2013-01-28

 

 

1.     AN INTRODUCTION TO US

 

1.1.   Our name is Our Digital Universe Limited and we operate MUZU™.tv ("Our Website") for your enjoyment. If you need to contact us for any reason then all correspondence should be sent to the General Manager at 19 South William Street, Dublin 2, Ireland (Company No. 402870).

 

1.2.   Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through Our Website. It is important you understand that by accessing, using or obtaining any content, data, materials, information, products or services through Our Website you agree to be bound by these terms and conditions ("Terms"). We do need you to accept all of these Terms (which includes any MUZU™.tv Forum Terms of Use) before you use Our Website.

 

1.3.   These terms and conditions are intended to apply to all users of Our Website.
We do have commercial terms which may apply to commercial operators in the Music Industry including bands, record labels, DJ’s, festival owners, magazines and other rights owners. If you are a rights owner or are unsure whether you should sign up to our commercial terms and conditions, please click here for our advertising share agreement.

 

1.4.   We may change these Terms, at any time, by posting notice on our Website at least 30 (thirty) days before any change becomes effective. Your continued use of Our Website following the posting of notice of any change means you accept the revised Terms. Any future use of Our Website by you will be subject to the new Terms. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, you may choose stop use of Our Website.

 

1.5.   If there is anything in this Agreement that you do not understand then please contact us and we will be happy to explain the implications before you agree to or refuse the Terms.

 

 

2.     YOUR MEMBERSHIP OF MUZU™.TV

 

 

2.1.   Our Website is intended for the personal use of its Members and may be used for promotional purposes too, but certain direct commercial endeavours by Members may only be used if they are specifically authorised or endorsed by MUZU™.tv. Commercial advertisers and brands (which shall include their agents, employees and representatives) may not use a Channel or Artist Channel to advertise their brands, products or services without MUZU™.tv’s prior consent and the acceptance of MUZU™.tv’s standard terms of advertising and promotion. MUZU™.tv reserves the right to remove such commercial content in its sole discretion. Illegal and/or unauthorised use of MUZU™.tv, including collecting usernames, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or spam is prohibited.

 

2.2.   You may only register to become a Member of Our Website if you are 13 years old or over and by accepting these terms you are telling us that you have the ability to understand, agree to and comply with these Terms. If you are in any doubt and are older than 13 (but younger than 18) please ask a parent or a guardian to clarify things for you. Do not share personal information with anyone, including telephone numbers, your address and your instant-messaging screen names.

 

2.3.   If you join us and become a Member, you are responsible for maintaining the secrecy of your passwords, login and account information for your protection, please don't share this OR any personal information such as your telephone numbers, address or instant messaging screen names with anybody else as you will be responsible for all use of Our Website by you and anyone using your password and login information.

 

2.4.   We may refuse registration of a username that we consider to be offensive, inappropriate, infringes any trade mark, other mark or impersonates the identity of any other individual.

 

2.5.   Whilst we try to ensure that all Members are who they say they are, sometimes people can provide us with false details and identities. You should take care when using any interactive part of Our Website and in particular when communicating with people that you don't know. Do not arrange to meet an online friend unless you are absolutely sure that it is safe, and if you are under 18 then make sure you consult your parents first, meet in a public place and go with your own friends or a trusted adult.

 

 

3.     MUZU™.TV

 

3.1.   We (MUZU™.TV), own Our Website and our partners whom are commercial operators in the music industry (including but not limited to bands, record labels, DJ’s, festival owners, magazines and other rights owners) ("Music Industry Partners"), own or are licensed to use all of the text, images, audio-visual recordings, musical scores, software, trade marks, service marks or other material contained or uploaded onto Our Website (the "Content"). MUZU™.tv respects the rights of all rights owners and Members are not permitted to and should not copy or transmit or make available Content, except as authorised specifically by MUZU™.tv and/or our Music Industry Partners and that Members should not edit or modify any content in addition to the restrictions on copying, transmitting and making available content.

 

3.2.   Certain other products, services, or company identifications and designations on Our Website belong to our Music Industry Partners or our other Commercial partners. Please note that your use of and access to Our Website does not give you any license or right to use any of the marks or Content included on Our Website without your obtaining their express consent and clearance.

 

3.3.   MUZU™.tv does not claim any ownership rights in any content, text, recordings, graphics, clips, links or other information or materials uploaded, created, submitted or maintained by you on Our Website ("User Content"). After posting User Content, you continue to retain all rights that you may have in such User Content, subject to the licence you grant to us and our Music Industry Partners below. You acknowledge that if you upload material to the site MUZU may stream/display this content on MUZU and through the distribution methods used in the MUZU player,on third party Web sites via embedded widgets, internet protocol or other such technology or User Content. Furthermore, in order for us to operate the site, you acknowledge that we will sell and incorporate advertising around your User Content.

 

3.4.   In using Our Website and agreeing to these Terms you grant us (and our Music Industry Partners that administer and control an Artist Channel) a non-exclusive, transferable licence to make available, perform publicly, use, modify, display, reproduce and distribute your User Content on Our Website and incorporate your User Content into other works, such as in promotional material for Our Website Worldwide. This permission is necessary for us to host your User Content on Our Website and elsewhere and for other users to be able to see it as part of the interactive services we offer. WE DO NOT CLAIM ANY OWNERSHIP OF YOUR CONTENT

 

 

3.5.   In granting this permission to use your User Content, you are confirming and promising that:

3.5.1.  you own the rights to it and that you have obtained all licences, consents and clearances from all persons who have interests or rights in User Content;

 

3.5.2.  you can give us permission to use it on Our Website and otherwise in accordance with these terms;

 

3.5.3.  our use of the User Content won’t infringe the rights of anyone else;

 

3.5.4.  the User Content does not contain anything unlawful or illegal or which might reasonably be considered to be offensive in any way; and

 

3.5.5.  does not contain any viruses of any kind.

 

 

3.6.   You agree to pay us all monies which are required to be paid by us to a third party whose rights are infringed by our use of your User Content so please think twice before uploading anything you know might or will infringe rights of third parties and/or which may be unlawful or illegal or contain any of the content described above.

 

3.7.   We may, at our choice, at any time and without advance notice, or reason or liability to you, suspend, terminate or restrict your Membership and access to all or any part of Our Website.

 

 

4.     USING MUZU™.TV IN THE RIGHT WAY - WHAT YOU CAN DO!

 

4.1.   You may only use Our Website for the following purposes:

4.1.1.  accessing and viewing those parts of Our Website set up and controlled by Us or by our Music Industry Partners;

4.1.2.  reading, taking part in and contributing to any MUZU™.TV forum, interactive functions or discussion board we may introduce;

4.1.3.  you can set up and maintain Channel on MUZU™ (which includes an individual URL e.g. www.muzu.tv/users/username which we will licence to you for so long as you have a MUZU™ TV Channel) which can contain Content from MUZU™ and also other User Content (subject to the terms contained herein);

4.1.4.  purchasing products and/or services offered by either our Music Industry Partners or our Commercial partners if these services are offered by Us;

4.1.5.  uploading footage or other content to an Artist Channel and offering them the opportunity to broadcast this on the same.

 

4.2.   You shall be responsible for any and all User Content placed on or uploaded to our Website.

 

4.3.   We may remove User Content that we decide is offensive, defamatory, unlawful, illegitimate, obscene or is otherwise objectionable or infringes the intellectual property rights of anyone else.

 

4.4.   If you believe that any Content (whether on the channel of our Music Industry Partners or a MUZU™ Forum) is offensive or which you otherwise object to then please report it to us by email and within 24 hours we will have considered whether it needs to be removed and have taken the appropriate action.

 

5.     USING MUZU™.TV IN THE WRONG WAY - IF IT'S IN THIS SECTION IT'S NOT ALLOWED!

 

5.1.   In using Our Website you have to comply with all applicable laws. You also agree not to use Our Website for any of the following purposes:

 

5.1.1.  anything that is unlawful, illegal or forbidden by these Terms;

 

5.1.2.  defamation, harassment, stalking, grooming, threatening or otherwise infringing, violating or limiting the rights of other users of Our Website;

 

5.1.3.  creating a false identity for the purpose of misleading others or collecting information or data about others;

 

5.1.4.  using any information (including emails) gathered through Our Website for any purpose other than participating in the services and benefits offered by Our Website;

 

5.1.5.  distributing to others or uploading any materials that may be considered offensive, obscene, pornographic, harmful or otherwise infringe the intellectual property rights or other property rights of anyone else;

 

5.1.6.  interfering in any way with the enjoyment of any other user of Our Website;

 

5.1.7.  advertising any products or services or linking to any third party products, services, websites or advertisements;

 

5.1.8.  anything that involves the transmission of junk mail, chain letters or unsolicited mass mailings;

 

5.1.9.  promoting any criminal activity or providing information about the same;

 

5.1.10.    misuse of Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

 

5.2.   In addition, you agree not to do any of the following without our prior express written permission:

5.2.1.  access Content with any manual or automated process for any purpose other than your personal use or for inclusion of Our Website pages in a search index;

5.2.2.  violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;

5.2.3.  deep-link to any portion of Our Website (including, without limitation, the purchase path for any merchandise or music) for any purpose;

5.2.4.  use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment.

 

6.     IMPORTANT!

 

6.1.   Your use of Our Website is subject to our Privacy Policy. By using Our Website, you consent to the use of your information as we have outlined in our privacy policy.

 

7.     WARNING: WE'RE GOING TO HAVE TO GET BORING.....DISCLAIMER

 

7.1.   We are not providing Our Website for any particular purpose, we do not guarantee or warrant that it performs to any specific quality or that you can rely on the content you see on it, and we are not claiming that it will meet all of your expectations!

7.2.   To this end, other than as expressly provided in these Terms any indemnities, warranties, terms and conditions (whether express or implied) are excluded to the fullest extent permitted under applicable law, including, but not limited to, the implied conditions of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. We make no promise, and expressly do not agree to any obligation, that:

 

7.2.1.  Our Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;

 

7.2.2.  the Content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;

 

7.2.3.  the results that may be obtained from the use of Our Website or any services offered through the site will be accurate or reliable; or

 

7.2.4.  the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.

 

 

8.     MORE BORING LEGAL STUFF THAT YOU MUST STILL READ.....LIABILITY

 

8.1.   Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

 

8.2.   We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms or your use of Our Website for any: economic losses (including without limitation loss of revenues, data, profits, savings, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you or anyone else arising out of or in connection with the provisions of any matter under these terms and conditions.

 

8.3.   This means and includes, without limitation, that we will not be responsible or liable for:

 

8.3.1.  any damage to or viruses that may infect your computer equipment or other property as the result of your access to Our Website or your downloading of any Content from Our Website; or

 

8.3.2.  any act of god, accident, delay, or damages of any kind that arise out of or is in any way connected with (i) any use of Our Website or Content, or (ii) the performance or non performance by us or any other service provider, even if we have been advised of the possibility of damages to such parties or anyone else.

 

9.     IF YOU BREACH THESE CONDITIONS YOU WILL BE LIABLE FOR THE CONSEQUENCES!

 

9.1.   You will defend, indemnify and hold Us and our Music Industry Partners, and each of our and their officers, directors, employees consultants and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to Our Website or the Content. Without going into too much detail, this means that if we lose money or have to pay costs as a result of you failing to comply with these Terms, you will have to compensate us in full to make sure we are not left out of pocket.

 

10.   MUSIC INDUSTRY PARTNERS

 

10.1. In the event that we display on or through Our Website products or services offered by third parties including merchandise, ringtones or music downloads this does not in any way imply, suggest, or constitute any sponsorship or approval by us or any Music Industry Partners or any affiliation between any such third party and either us or any Music Industry Partners. The display of specific options on Our Website for products or services does not suggest a recommendation by us or any of our Music Industry Partners for such products or services.

 

10.2. You agree that We are in no way responsible for the accuracy, timeliness or completeness of information you may obtain from anyone other than Us Your interaction with any third party accessed through Our Website is at your own risk, and subject to the liability provisions set out in section 5 above.

 

10.3. Furthermore, Our Website may contain links to other Websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not approve or check the contents of Other Websites. You should look at the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them.

 

10.4. You agree to abide by the terms or conditions of purchase imposed by any Music Industry Partners or third parties with whom you choose to do business. You are responsible for ensuring that in making your purchases you abide by the terms or conditions imposed by the party from whom you choose to make a purchase.

 

 

11.   EVERYTHING ELSE THAT'S IMPORTANT

 

11.1. Nothing contained in these Terms means either us or you are the agent or representative of the other, or are joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party.

 

11.2. Other terms and conditions may apply to your purchase of products or services through Our Website, our Music Industry Partners' websites, and to your use of other portions of Our Website. You will observe these other terms and conditions.

 

11.3. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not stopping ourselves from acting on or against future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made as part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website.

 

11.4. The contract between us under these terms and conditions is made under the laws of the Republic of Ireland and any dispute between us will be resolved exclusively in the courts of Ireland in Dublin. English is the only language offered for the conclusion of the contract. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.

 

 

12.   WE WANT TO HEAR FROM YOU

 

12.1. We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may be used on Our Website or by any third party. Please do not reveal trade secrets or other confidential information in your messages.

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