The following terms and conditions govern all use of Musicana ("App", "Service") and all content, services and products available at or through the App. The App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this page (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using this App or Service. By accessing or using any part of the App or Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any Services.
If you operate an account, post material to the App or Service, or otherwise make (or allow any third party to make) material available by means of the App or Service (any such material, Content), you are entirely responsible for the content of, and any harm resulting from, that Content. You agree to not post or send inappropriate or offensive Content. That is the case regardless of whether the Content in question constitutes text or graphics.
You are not permitted to use the App or Service to broadcast music, play music for others, or for any sort of public performance. In no event will we be liable for the consequences from your use of the App in this or any other manner. We also reserve the right to restrict or suspend any member from using the App or Service for any reason.
You are prohibited from attempting to circumvent and from violating the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching any security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting our ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Services, for any purpose, including monitoring or copying any of the material on, or in, the Services; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Services.
You may only use the App for your personal and non-commercial use, and only for lawful purposes and in accordance with these Terms and Conditions. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, in any form or medium whatsoever.
All media content accessible by end users through the App is provided by publicly available third-party services through automated application programming interfaces (APIs), in accordance with the terms and licenses provided by the original copyright holders to the third-party services for use of their content, and the sublicenses provided by the third-party services to their consumers. We do not store or host any media content, nor do we claim ownership or responsibility of any content provided through the service, nor does your access of content through the app constitute a public performance.
If you are the original copyright holder of media content and believe your copyright has been infringed, please report it in the App or contact us at email@example.com, and upon verification, we will remove or block that content in the App and direct you to the appropriate third-party provider of that content.
To the fullest extent permitted by law, in no event will we, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for (i) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, arising out of the use or inability to use the app, third party applications or third party application content, regardless of legal theory, without regard to whether we have been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; (ii) aggregate liability for all claims relating to the app, third party applications or third party application content.
Although we make reasonable efforts to update the information on, and in, the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on, or in, the Services, is accurate, complete or up to date. Your use of the Services is at your own risk and neither we, nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns, have any responsibility or liability whatsoever, for your use of the Services.
The Services include content provided by third parties, including from third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither us nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns, have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
You represent and warrant that your use of the App or Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
You agree to indemnify and hold harmless the the app, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the App or Service, including but not limited to out of your violation this Agreement.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. You agree to periodically review this Agreement in order to be aware of any such modifications. Your continued use of or access to the App or Service following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the App or Service. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
All notices of copyright infringement claims should be sent to firstname.lastname@example.org.
Should you become aware of misuse of the Services, you must report it to us, at email@example.com.
We take reasonable precautions to protect your information. When you submit sensitive information via the App, we take reasonable steps to ensure that the information is encrypted and transmitted to us in a secure way.
If the company, or substantially all of its assets, were acquired, or in the unlikely event the company goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of the company may continue to use your personal information as set forth in this policy.