Terms and Conditions of Use

You need access to the internet in order to use the Services, and any cost for accessing the internet shall be paid by you. This also applies when using the Service via mobile phone, tablet, or other personal device capable of internet connection. If you use the Services via mobile telephone you should familiarize yourself with applicable data transfer costs for your mobile carrier plan. MUSKA does not have any responsibility or liability for data transfer costs you may incur when using the Services. We cannot guarantee that the Services will work with all devices. Please visit https://support.muska.com/System-Requirements for more information about our compatibility specifications.

It is your responsibility to ensure that you are able to comply with the relevant system requirements described above. MUSKA accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the Services may be restricted from time to time to allow for repairs, maintenance or updating.

You may not use the Services in any way that is fraudulent or illegal or is expressly prohibited by these Terms. By using the Services, you promise to us that you accept these Terms and that (a) you are 18 years of age or over; or (b) you are between the age of 13 and 17, and have express permission from your parent or guardian to use the Services. If you are under age 13, you are not permitted to use the Services or to submit any personally identifiable information to MUSKA. If MUSKA reasonably believes that you have not told us your true age, we may suspend your use of the Services until you have provided us with acceptable proof of age. If you are a parent or guardian and believe MUSKA may have inadvertently collected personal information from your child, please notify MUSKA immediately by sending an email to MUSKA – Customer Support at support@muska.com detailing the basis of your belief and your request.

The Service requires you to register and create an account for validation. You agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Services; (b) maintain and promptly update such information and any other information provided to MUSKA, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

MUSKA reserves the right to suspend or remove your account or prohibit your use of the Services, without responsibility or liability to you, if activities occur on your account that we believe breach the Agreement.

• Subscription. Certain aspects of the Services provided by MUSKA, third parties, or both may require you to purchase a subscription for a period of time as specified during sign-up (collectively a “Subscription”). Your Subscription, which may start with a thirty (30) day trial period, will automatically renew on a monthly or annual basis (as specified during your sign-up) unless you cancel your Subscription as provided in Sections 3(e) and 3(g), or we terminate your Subscription as provided in Section 18.

• Bundles. MUSKA may contract with a third party telecommunication provider to provide the Services to you through a bundle package together with other services provided by such third party provider. The payment terms for such bundle package, as well as other terms and conditions governing your use of the bundle package, may differ from the terms set out in this Agreement. You are solely responsible for reviewing such bundle terms or any other terms governing your use of the services provided by your telecommunication provider before agreeing to any bundle package and accessing the Service via such bundle package. If you have purchased a bundle package, payment will be taken from you by your telecommunication provider. Should you wish to cancel or terminate your subscription via such bundle package or obtain any further information in respect of payment methods, billing cycles, automatic renewals or refunds you must contact your provider. Other than this sub-section (b), Section 3 of this Agreement does not apply to you if you have purchased the Services as part of a bundle package from your telecommunication provider or any other third party.

• Promotion/Trials. MUSKA, vendors, or other third parties with whom we contract to provide the Services may offer special promotions/trials with differing conditions and limitations which may be subject to different terms from these Terms. Any additional terms to these Terms will be disclosed at sign-up or in other communications made available to you prior to sign-up. You are solely responsible for reviewing any additional terms governing your use of such special promotions or trials before accessing any special promotions or trials. At the end of the free or promotional trial period, your subscription will automatically renew for further rolling subscription periods of such duration as set out in the product details when you signed up for the trial or promotion and you will start to pay for the subscription. To avoid any charges, you must cancel before the end of the free trial. You are entitled to only one free trial per lifetime. Any attempt to utilize more than one free trial is an unauthorized use of the Services and/or Service Content and amounts to a breach of the Agreement. If MUSKA determines, in its absolute discretion, that you have utilized more than one free trial, MUSKA reserves the right to terminate your access to the Services, Service Content, and/or the Agreement.

• Shopping in the Store. It is not necessary to buy a Subscription to make a purchase at the MUSKA Store. To make a store purchase, you will be prompted to sign in to your account. If you do not have an account, create a free account and choose a username and password. Upon completion of the Store purchase, the purchased music or album will appear in your account for download. You can download MUSKA Store purchases on one device only. Once downloaded, your in-store purchase will no longer be available in your account. All shopping in the Store is final. You are responsible for backing up each purchase in the MUSKA Store.

• Payment Methods. In connection with any and all Subscriptions that you select to purchase you must provide MUSKA with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). All Subscription purchases are subject to this Agreement and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. You are solely responsible for reviewing the terms of use, privacy policy or any other terms governing your use of the services provided by your financial services provider and/or mobile carrier. By providing a Payment Method in connection with any Subscription, you hereby authorize MUSKA to debit the total cost of said Subscription and agree to be responsible for any foreign transaction charges associated with your Subscription purchase.

  Should charges for which you are responsible fail at the time payment is required, you may be responsible for costs associated with MUSKA’s efforts to collect amounts due in accordance with applicable laws. You represent and promise to us that all information you provide in connection with the purchase of a Subscription is true, accurate and complete. The duration and cost of Subscriptions are set by MUSKA in its sole discretion. When you purchase a Subscription, you will initially be charged at the rate applicable at the time of your initial agreement to subscribe. If the price of the Subscription increases later, we will provide you with written notice before the end of the billing period in which the change is made. If you do not accept the change to your Subscription, you will be entitled to terminate this Agreement.

• Billing Cycle. As indicated during sign-up, the fee for certain Subscriptions must be paid in a single upfront payment while other Subscriptions may allow payment on an installment basis. If the Subscription fee is paid in a single upfront payment, the total Subscription fee is due and payable to MUSKA immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period as specified during sign-up.

• Automatic Renewal. In order to provide continuous service, you agree that MUSKA will automatically renew a Subscription on or about the date the Subscription expires. Such renewal will be for the same duration of the original subscription term and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method (i.e. either as a single upfront payment or an installment basis). By enrolling in a Subscription, you agree that your Subscription will be subject to the above-described automatic renewals unless you cancel your Subscription in accordance with the terms of this Agreement. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional/trial offer and you authorize MUSKA to charge your Payment Method for such varying amounts as indicated at the time of sign-up. You agree that you are responsible for other charges, including any foreign transaction charges, that may be imposed by credit card providers, payment processors or other third parties in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled.

  If your account is managed through muska (and not through a third party) and you wish to cancel your automatic subscription renewal, you may do so by visiting your account settings page (https://muska.com/account), going to the section called “Subscription” and clicking on “Cancel my subscription”. MUSKA will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request. All other cancellations are required to be made directly through the third party that manages your MUSKA Subscription.

• Refund Policy. We will not refund any fees paid to us, including any advance charge(s) or payment(s) for any subscription term for the Services, unless otherwise required by law or the terms of this Agreement.

• Charge Backs. If you dispute Subscription charges with your credit card company or financial institution, and MUSKA’s investigation determines the charges were valid, we may, on reasonable written notice to you, charge to your MUSKA account the reasonable required cost of responding to your charge back request. MUSKA’s U.S. Privacy Policy details what information MUSKA may share with your financial institution as part of the investigation into disputed Subscription charges.

If you have received or purchased access to the Services as part of a special offer, campaign or a partner deal (a “Special Offer”), then the terms presented as part of such Special Offer are a part of this Agreement. Special Offers will, unless otherwise specified, only be valid for customers in the country (and state(s)) where it is issued.

The Services shall be for private use only and use of the Services in commercial or public settings is not permitted.

The Services shall not be used in any manner that may breach the restrictions applicable to the utilization of the Service Content (as defined in Section 8, below). These include, but are not limited to, prohibitions against

• any form of technical intervention in the Services for purposes of using the Services in any manner other than that intended and permitted under the Agreement;

• copying and/or making public any Service Content;

• assigning any username or password to anyone else;

• circumventing any technical mechanisms within the Services that have been established to protect Service Content from reproduction/distribution;

• using the Services in violation of applicable law; and

• failing to respect applicable geographic/territorial restrictions.

The Services may include components that make use of temporary storage of certain Service Content on the various platforms (also called “offline mode”). You have access to this Service Content for as long as you have a valid Subscription.

You are not permitted to gain access to such Service Content via other mechanisms than those available via the Services. Such Service Content shall not be copied and/or made available outside the Services.

By “Application” we mean an application or other technical interface provided by MUSKA that is used to access the Services. Subject to the terms of this Agreement, MUSKA hereby grants you a personal, non-exclusive, non-transferable, limited and revocable license to download, run and use the Application for personal use on relevant devices owned or controlled by you. Such license also applies to updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license and related documentation.

The Application is licensed, not sold, to you, and MUSKA retains ownership of all copies of the Application even after installation on your devices. MUSKA may transfer its rights and obligations, or sub-contract or sub-license its obligations, under this Agreement to another legal entity, provided your legal and consumer rights are not prejudiced. You may not may transfer your rights and obligations, or sub-contract or sub-license your obligations, under this Agreement to another legal entity.

The Services provides a platform for third party applications, websites, platforms and services to make available products and services to you (“Third Party Applications”), and your use of these Third Party Applications is subject to their respective terms of use and privacy policies. You should contact the administrator or webmaster for those Third Party Application if you have any concerns regarding such Third Party Application or any content located on such Third Party Application.

You understand and agree that MUSKA is not responsible or liable for the behavior, features, or content of any Third Party Application and does not make any representations regarding the behavior, features, content or accuracy of materials on any Third Party Application. You should take precautions when downloading files from all third party applications and websites to protect your computer / device from viruses and other destructive programs. If you decide to access linked Third Party Applications, you do so at your own risk.

The Services contains content, such as sound recordings, audiovisual works, other video or audio works, clips, images, graphics, text, software, works of authorship, files, documents, applications, artwork, trademarks, trade names, metadata, album titles, sound recording titles, artist names, intellectual property, or materials relating thereto or any other materials, and their selection, coordination and arrangement (collectively, the “Service Content”). The Service Content is the property of MUSKA and/or third parties and is protected by copyright under both United States and foreign laws. The Service Content is made available to you only for your personal use as expressly permitted under these Terms.

You are prohibited from using the Service Content as follows:

• Except as permitted under the Terms, all copying, distribution or other use of the Service Content is prohibited without the prior written consent of the Service Content rights holders.

• You have no right to engage in the commercial use, sale, resale, assignment, license, modification, making of copies or derivative versions, display, distribution or promotion of the Service Content provided that to the extent expressly permitted by MUSKA, you may make derivative versions of the Editable Content for use solely in connection with the Edit Functionality.

• You have no right to any use that requires a public performance license.

• The use or posting of the Service Content on any other website, application or otherwise, or sharing of the Service Content in a networked computer environment, for any purpose is expressly prohibited.

• You shall only use the Service Content on platforms which are at your disposal for your personal use as provided herein and pursuant to your Subscription terms, and which support the Services’ technical protection system. You shall not circumvent or try to circumvent the Services’ technical protection system.

• The Service Content is, with few exceptions such as content labeled “created by MUSKA,” automatically uploaded to the platform by third parties such as record labels or their distributors. MUSKA does not review the Service Content supplied by third parties. The fact that Service Content supplied by third parties is available on the platform therefore does not imply any endorsement or approval by MUSKA. You understand that MUSKA is not responsible for features or the specific content of any Service Content supplied by third parties.

• Unauthorized use of the Services may also constitute a violation of applicable laws or regulations. If MUSKA, in its sole discretion, thinks you have breached the Terms, or has reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Services and the Service Content. We may:

  • restrict, suspend, or terminate your right to use the Services;

  • remove your User Content (as defined below) from the Services;

  • investigate and take legal proceedings against you; or

  • disclose any information to law enforcement authorities we think is necessary or as required by law. These actions are not limited and we may take any other action we reasonably deem appropriate.

• We are the owner of the MUSKA trademark (the “Trademark”). Nothing in this Agreement or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademark, without MUSKA’s prior written permission specific for each such use. Use of the Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by MUSKA in writing. All goodwill generated from the use of the Trademark inures to MUSKA’s benefit.

• Elements of the Services including Service Content are protected by copyright, trade dress, trademark, unfair competition, or other state, federal and foreign laws, and the Services may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Service Content may be retransmitted without MUSKA’s and/or the appropriate third party’s express written consent in each and every instance.

To the extent allowed by the Services, any musical works (sound recordings and underlying musical compositions), audiovisual works (including but not limited to MTV style premium music videos, clips and so called “behind the scenes” audiovisual content), other video or audio works, images, graphics, text, works of authorship, files, documents, applications, artwork, trademarks, trade names, metadata, album titles, sound recording titles, artist names, intellectual property, or materials relating thereto or any other materials that you submit to the Service (“User Content”) are generated, owned and controlled solely by you and/or your licensees.

We do not claim any intellectual property ownership rights in any User Content. After directly sending (“submitting”) your User Content to the Services, you continue to retain any intellectual property ownership rights that you may have in your User Content, subject to the license below. By submitting any User Content on or through the Services, you hereby grant to MUSKA a license (with the unrestricted right to sublicense) to store, host, display, stream, transmit conditional downloads, exploit, promote, market, sell and transmit permanent downloads, use, modify, delete from, add to, publicly perform, publicly display, reproduce, create and use derivative works of, distribute and otherwise disseminate the User Content on or through the Services via any and all devices known or hereinafter devised. For the avoidance of doubt, to the extent you use the Edit Functionality to create a Remix, you acknowledge and agree that you own no right, title or interest therein and that any such Remix shall not be considered your User Content hereunder.

• The license you grant to MUSKA is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the User Content that you post), sublicensable (so that we are able to use our affiliates, subcontractors and other vendors such as internet content delivery networks and wireless carriers to provide the services related to the Services), perpetual (forever) and worldwide.

• You represent and promise to us that the User Content submitted by you on or through the Services: (i) is owned by you or you otherwise have the right to grant the license set forth herein; (ii) does not infringe the rights of any third party, including any intellectual property rights, rights of confidential information or rights in privacy; (iii) does not imply any affiliation, endorsement, approval or cooperation by MUSKA or any artist, band, label, entity or individual without express written consent from such individual or entity; and (iv) shall comply with all applicable laws and these Terms. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Services.

• The Services perform technical functions necessary to offer the services on the Services, including but not limited to transcoding and/or reformatting User Content to allow its use throughout the Services.

• We may reject, refuse to post or delete any User Content for any or no reason, including User Content that in our sole judgment breaches this Agreement or which may be offensive, illegal or breach the rights of any third party, or harm or threaten the safety of any third party. We are under no obligation to you or any other person to oversee, monitor or moderate User Content. We may at our option, moderate and review User Content to ensure that it complies with these Terms. If we do opt to monitor the Services, we assume no responsibility or liability to you for any User Content available on the Services.

• The licenses granted in this section are granted separately with respect to each item of the User Content that you submit to the Services.

• You are solely responsible for the User Content that you submit to the Services. You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within the User Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Services) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

We have provided our contact information and email links on the Services because we would like to hear from you. However, we do not want you to, and you should not, send MUSKA any documents or other materials that contain confidential or proprietary information.

You grant MUSKA an unrestricted, irrevocable, royalty-free license to copy, distribute, and modify any such documents or other materials that you send MUSKA, and to use for any purpose any ideas, trade secrets, know-how or other confidential or proprietary information disclosed in those documents or other materials, and that all of the representations and promises you make pursuant to this Agreement with respect to User Content apply equally with respect to any other documents or materials that you send to MUSKA that do not constitute User Content.