Terms
Preamble
In these Terms, Musicbeez, (“Musicbeez”, “we”, “us”, “our” and terms of similar meaning) describe users of the Service, whether registered or not, as (“Users”, “you”, “your”, “yourself” and terms of similar meaning). These Terms of Service ("Terms") govern the Users’ access to and use of this website (this site and Musicbeez mobile applications, the “Service”), and any videos, photos, graphics, information, text, scripts, sounds, audio-visual combinations, and other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content").

These Terms form a legally binding agreement between Musicbeez and yourself in relation to your use of the Service. As a User of this Service, it is important that you take your time to read these Terms carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms, Rules, Privacy Policy, and all other guidelines incorporated by reference in these Terms. You may use the Service only in compliance with these Terms, Rules, Privacy Policy, and all applicable local, state, national, and international laws, rules and regulations.

Musicbeez reserve the right to change or modify any of the terms and conditions contained in these Terms, Rules, Privacy Policy, at any time and in its sole discretion. Unless otherwise specified, the modifications or changes will be posted under these Terms on this site and will be effective immediately. Your continued use of the Service after the date the modified Terms are posted will constitute your acceptance of such changes or modifications. The Terms will always show the 'last updated' date at the bottom. If you do not agree to any amended Terms, you are requested to stop using the Service.
1. User Responsibility
It is entirely your responsibility to use the Service, for any Content you post to the Service, and for any implications and consequences thereof. Under no circumstances we are liable or responsible in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. The Content you submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you deem appropriate and comfortable to share with others under these Terms, Rules, and Privacy Policy.

We do not support, endorse, represent or guarantee the accuracy, truthfulness, completeness or reliability of any Content or communications posted via the Service. We also do not support, endorse, and represent any opinions expressed via the Service. You agreed that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled, misleading or are otherwise deceptive.

As a User, you may report User Content that is in violation of these by clicking on the relevant icon or button under certain User Content. While we make reasonable efforts to review User Content flagged in this manner, we are under no obligation to remove the flagged User Content and in no way represent that we will remove or otherwise address flagged User Content. If your Content has been flagged and we consequently remove it from the Service, we may notify you by way of the email address registered to your account.
2. User Accounts
To access certain features of the Service, you will need to create a Musicbeez account. You must provide accurate and complete information when creating your account. It is your responsibility to keep your Musicbeez account credentials secure and confidential. We encourage you to use "strong" passwords with your account. Strong passwords normally contain combination of uppercase letters, lowercase letters, numbers and special characters. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Privacy
Collection and use any of information you provide to Musicbeez is subject to our Privacy Policy. You acknowledge and agree that with your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the servers for storage, processing and use by Musicbeez. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Musicbeez account, which you may not be able to opt-out from receiving.
4. Location Information
The Service contains areas accessible to the public (registered and non-registered Users) in which you or other users may post Content. User Content submitted to the Service accessible to other Users will be considered non-confidential. We grant you the permission to access and use the Service, subject to the following conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part. You expressly agree not to post, upload, transmit, communicate, distribute, store, create or otherwise publish through the Service any of the following:

4.1 Content that is unlawful, defamatory, indecent, obscene, pornographic, lewd, suggestive, harassing, racist, sexist, homophobic, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

4.2 Content that would constitute, encourage or provide instructions for a criminal offense, violence, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, federal, national or international law;

4.3 Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

4.4 Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

4.5 Personal information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;

4.6 Viruses, corrupted data or other harmful, disruptive or destructive files;

4.7 Content that is unrelated to the category in which such Content is posted; or

4.8 Content that, in the sole judgment of Musicbeez, is objectionable or which restricts or inhibits any other Users from using or enjoying the Service, or which may expose Musicbeez or its affiliates and Entities, or its Users to any harm or liability of any type.

You also agree not do any of the following while accessing or using the Service:

4.9 probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

4.10 forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

4.11 interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, “flooding”, "spamming", "crashing", or "mail-bombing" the Service or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
5. Content
5.1 You understand that whether or not Content is published, Musicbeez does not guarantee any confidentiality with respect to Content.

5.2 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it, and Musicbeez expressly disclaims any and all liability in connection with Content.

5.3 You agree that your conduct on the Service will comply with (and you agree that all of your Content shall comply with) the Musicbeez Rules, as updated from time to time.

5.4 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled to post the material.

5.5 You understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, incomplete, 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 Musicbeez with respect to any such Content.
6. Musicbeez Rights
Musicbeez is constantly innovating to provide the best possible Content and user experience. You agree that the form and nature of the Musicbeez Service may change from time to time without prior notice to you. In this process of innovation you acknowledge and agree that Musicbeez may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at its sole discretion, without prior notice to you. You may stop using the Service at any time without informing Musicbeez. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you, or Users in general.

The Service is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Musicbeez and its licensors. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content that you post or store on the Service, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content that you post or store on the Service. By accepting or allowing you to provide User Content to the Service, we are not obligated to use, display or make available to the public your User Content, and we reserve the right not to do so for any reason in our sole discretion.

You may use the Service's flagging feature to flag Content that violates these Terms. If, in our determination, you abuse the flagging feature, we reserve the right to delete or suspend your account and to ban you from the Service.

We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames or for any other purpose. We reserve the right to remove or refuse to distribute any Content on the Service, to suspend or terminate users, and to reclaim usernames and profile URLs without liability to you.
7. Your Licence to Musicbeez
As a Musicbeez account holder you retain your rights to any Content you submit through the Service. However, to make the Service available to you and other users, Musicbeez needs a license from you.

By posting or distributing User Content to or through the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, perpetual and irrevocable license (with the right to sublicense) to use, copy, process, transmit, display, perform, reproduce, distribute, publish, modify, adapt, host, translate, and distribute such Content in any and all media or distribution methods (now known or later developed) and create derivative works from such User Content on the Service.

You understand and agree that this license includes the right for Musicbeez to provide, promote, and improve the Service and to make Content submitted to or through the Service available to other companies, organizations or individuals who partner with Musicbeez for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Musicbeez, or other companies, organizations or individuals who partner with Musicbeez, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

Musicbeez may modify or adapt your Content in order to display, transmit or distribute it over computer networks and in various media. These changes to your Content may be necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Under this licence you warrant that:
1. you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Service.
2. the use, distribution and posting or other transmission of such User Content does not violate these Terms and will not violate any laws or cause injury to any person or entity.
3. your Content may be syndicated, broadcast, distributed, or published by our, affiliates and partners and if you do not have the right to submit Content for such use, it may subject you to liability
8. Your License to use the Service
Musicbeez grants you a personal, worldwide, limited, revocable, royalty-free, non-assignable, non-exclusive, non-sublicensable license to access and use the Service. This license is for the sole purpose of enabling you to access, use and enjoy the benefit of the Service, in the manner permitted by these Terms.

Except explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights. You represent and warrant that your use of the Service will be consistent with this license and will not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties, or violate any applicable law.
9. Copyright Policy
Musicbeez respects the intellectual property rights of others and expects users of the Service to do the same. We take appropriate steps to respond any notices in relation to any Content that is alleged to infringe the copyright of a third party. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Musicbeez will also terminate a user's account if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
10. Information Sharing and Disclosure
Musicbeez reserve the right in its sole discretion, without any notice or liability to you, to:
1. terminate your license to use the Service, or any portion thereof,
2. block or prevent your future access to and use of all or any portion of the Service,
3. change, suspend or discontinue any aspect of the Service,
4. impose limits on the Service.
11. Termination of the Terms
These Terms can be terminated by either you or Musicbeez at any time. You may end your legal agreement with Musicbeez at any time for any reason by deactivating your accounts and discontinuing your use of the Service. Any Content you have uploaded to the Service may remain on the Service. The license you grant to us in Section 7 therefore survives the termination of these Terms. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 6, 7, 11, 12 and 13, and any representation or warranty you make in these Terms, shall also survive indefinitely.
12. Advertisement
Musicbeez may run advertisements and promotions from third parties on the Service, which may be targeted to the Content or information on the Service. The types and extent of advertisement by Musicbeez on the Service are subject to change. In consideration for Musicbeez granting you access to and use of the Service, you agree that Musicbeez, and its parent, third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
13. Warranty Disclaimer
You understand and agree that the Service is provided to you on an "as is", "as available" basis without representations, warranties, conditions or guarantees from Musicbeez of any kind, either express or implied. Your access to and use of the Service or any Content is at your own risk. Musicbeez expressly disclaims all representations, warranties, conditions or guarantees, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Musicbeez make no warranty and disclaim all responsibility and liability for (i) the accuracy, completeness, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained from Musicbeez or through the Service, will create any warranty not expressly made herein. While Musicbeez attempts to make your access to and use of the Service safe, Musicbeez does not represent or warrant that the Service is free of viruses or other harmful components.
14. Limitation of Liability and Indemnity
You shall not assert and waive any claims or allegations of any nature whatsoever against Musicbeez, its, directors, officers, employees, subsidiaries, sponsors, contractors, affiliates, related companies, agents, representatives, advertisers, vendors, partners, and licensors (collectively, the "Musicbeez Entities"), including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Musicbeez Entities has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Service. Your use the Service is entirely at your own risk. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

To the maximum extent permitted by applicable law, neither Musicbeez nor any Musicbeez Entities shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of revenue, loss of profits, loss of data, loss of goodwill, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Service or the Content, including without limitation any damages caused by or resulting from: (i) your use or inability to access or use the Service or any Content; (ii) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any third party claims that the use by you of the Service and/or any Content, violates any third party intellectual property right or privacy right; (iv) any failure of performance of the Service or the Content, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Musicbeez or any Musicbeez Entities’ records, programs or services); (iv) any damages arising from communications or transactions with other Users of the Service, whether through blogs, or otherwise, or persons that you meet through the Service; or (v) any other matters relating to this Service, any User Submissions, the Content or the Service, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not Musicbeez had any knowledge, actual or constructive, that you might incur such damages.

In no event shall the aggregate liability of Musicbeez Entities, whether in contract, statute, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Service exceed any compensation paid by you for access to or use of the Service and any Content during the three (3) months prior to the date of any claim.

You shall fully defend, indemnify and hold harmless Musicbeez and the other Musicbeez Entities from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service and from the use of the Service by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
15. Links to other Sites
The Service may contain links to third-party Websites and third-party Content. You understand and agree that Musicbeez is not responsible or liable for: (i) the availability or accuracy of such websites, content or resources; and (ii) the content, products, or services on or available from such websites or resources. You acknowledge and agree to use links to Third-Party Websites, and any Third-Party Content or service provided there at your own risk. Links to such websites or resources do not imply any adoption or sponsorship of, or affiliation with or endorsement by Musicbeez Entities of such websites or resources or the content, products, or services available from such websites.
16. Claims and Disputes
You and Musicbeez explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Service will be governed by the laws of the United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Musicbeez related to any Claim. If you have a Claim, you should give a written notice to arbitrate. If we have a Claim, we will give you a notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the United Kingdom.
17. Waiver and Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Musicbeez may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Musicbeez, and any such attempted assignment will be void and unenforceable.
18. Entire Agreement
These Terms constitute the entire agreement between you and Musicbeez regarding your use of the Service (excluding any services for which you have a separate agreement with Musicbeez that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements whether electronic, oral or written between you and Musicbeez regarding your use of the Service. We may revise these Terms from time to time. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 11 above. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.
Date: 19 October 2017