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Terms of Service

TERMS OF SERVICE

1. Welcome to UMuseUs

Welcome to UMuseUs.

Our mission at UMuseUs is to provide platforms, venues, and resources that empowers everyone from Musicians and Music Lovers to Share, Discover, Interact, Create, and more. UMuseUs uses online tools and content to ensure that everyone can engage in a free and open exchange.

We strive to create a safe and productive environment for our users and have included this agreement to explain how we present and maintain that environment. “Users” are defined herein as a person or entity that uses UMuseUs, including but not limited to students, individual artists, music lovers, and organizations. This Terms of Service agreement (the “Terms”) governs our relationship with users of UMuseUs’ website and platform (collectively “the Service”). Your use of the Service constitutes an agreement by you to abide by the terms, notices, and conditions provided for in this agreement.

We reserve the right to change or modify the terms of this agreement at any time in our sole discretion. UMuseUs will post all changes to this page, and users should check this website from time to time for updates. Your continued use of the Service will confirm your acceptance of the revised Terms.

2. Use of Service

The Service is intended for use by persons who are 13 years of age and older. Persons under the age of 13 are prohibited from using the Service. By using the Service, you represent that you are either: (1) 18 years of age; or (2) are between 13 years of age and 17 years of age, and have received consent from your parent or guardian. You also represent that you have not been previously suspended or removed from the Service.

Per regulations set forth by The Children’s Online Privacy Protection Act of 1998 (“COPPA”), we do not knowingly collect personally identifiable information online from children under the age of 13. If you become aware that your child, or any child, has provided us with their personal information, please contact the site administrator to have the user account terminated. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate the child’s account.

We may, in our sole discretion, refuse or stop any person or entity from using the Service. We may, without notice and in our sole discretion, terminate your right to use the Service, and block or prevent your future access to and use of the Service.

3. Consent to Electronic Communications

When you register for the Service, you may choose to receive information, and other materials from UMuseUs regarding our services and other offers from time to time. Such solicitations may take the form of e-mail messages or other forms.

By using the Service, you consent to receive, in electronic form via e-mail message, any notices, disclosures, or other information that we are required by law to provide to you in writing. However, you may withdraw your consent at any time by contacting the site administrator.

4. Privacy Protection

Your privacy is very important to us. Please visit our Privacy Policy to learn about the information we collect, how it is used, and with whom we share it. By agreeing to these Terms, you also agree to our Privacy Policy, so please read it carefully.

5. Password Security

It is your responsibility to maintain the confidentiality of your account information, including your username and password, and you are responsible for all use of the Service accessed through it and for all activities that occur under your account. UMuseUs is not responsible for any loss or damage arising from your failure to protect or to keep confidential your username or password. You agree to notify us immediately of any unauthorized use of your account or any other actual or suspected breach of Service security.

6. Cookies

We use "cookies" on the UMuseUs website. A cookie is a piece of data stored on a website visitor's hard drive to help us improve your access to our website and identify repeat visitors to our website. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our website. Cookies can also enable us to track and target the interests of our users to enhance their experience with our Service. Usage of a cookie is in no way linked to any personally identifiable information within our Service. You can control the use of cookies at the individual browser level. If you turn off your cookie settings, you may still use our website, but your ability to use some features or areas of the Service may be limited.

7. Our Content and Copyright Notice

This agreement gives you a limited, nonexclusive, non-sublicensable license to access and use the Service for the limited purposes described in these Terms. Using the Service does not give you ownership of any intellectual property rights in the Service or related content. You may not use content from the Service, such as copying, distributing, or displaying it, unless you obtain our permission or are otherwise permitted by law. UMuseUs reserves the right to remove content that infringes on a third party’s rights, and those who repeatedly infringe will be permanently removed from the platform. UMuseUs will remove any content it deems fit, along with deactivating users for content that is abusive or harassing. Any use of the Service other than as specifically authorized in these Terms or by prior written permission of UMuseUs is strictly prohibited and will terminate the license to use Service granted in these terms.

The contents of the Service (including, but not limited to text, graphics, logos, and audio content) are protected under the copyright laws of the United States. You agree to abide by all copyright notices and/or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service.

8. Modifying and Terminating the Service and Effect of Termination

We reserve the right to modify or discontinue the Service and any of its features without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service. This agreement is in effect until your service is terminated.

The Terms are effective until terminated by you or UMuseUs, for any reason, with or without notice. In addition, UMuseUs reserves the right to terminate the Terms and discontinue access to the Service and/or to discontinue providing any services thereon at any time for any reason, including, without limitation, as a result of your breach of the Terms.

You may terminate the Terms at any time, with or without cause, by contacting the site administrator. Upon any termination of the Terms you agree to discontinue your use and access of the Service.

Termination of the Terms shall terminate any licenses granted hereunder and your participation in or under any programs or services provided in connection with the Service. In addition, UMuseUs shall have the right, but not the obligation, to immediately terminate your username and password to prevent you from further accessing the Service.

In the event that your account is terminated, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Notwithstanding the foregoing, all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

9. Disclaimer of Warranties

Other than expressly set out in these terms, UMuseUs makes no specific promises about the Service, the specific functions of the Service, or its reliability, availability, or ability to meet your needs. The Service is available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In addition, while UMuseUs attempts to provide a good user experience, we cannot and do not represent or warrant that the Service will always be secure, uninterrupted, or error-free. There may be delays, omissions, disruptions, inaccuracies, or imperfections in the information or other materials available through the Service.

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other destructive materials to the Service, we do not guarantee or warrant that the Service or materials that may be downloaded from the Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Service and any materials available through the Service, you do so solely at your own risk.

We are not responsible for the availability or content or other services that may be linked to the Service. We do not make any representations, not do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available through links in this Service. We reserve the right to correct any errors or omissions in this Service.

10. Payment Information

Although UMuseUs will use its best efforts to protect your credit or debit card information, we are not liable for any damages or harm attributable to the use of your credit or debit card information.

11. Limitation of Liability

WHEN PERMITTED BY LAW, UMUSEUS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF UMUSEUS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE.

IN ALL CASES, UMUSEUS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND UMUSEUS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

By agreeing to these Terms, you agree to indemnify, defend, and hold harmless UMuseUs, its directors, officers, employees, affiliates, and licensors from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (1) your use of the Service; (2) your violation of these Terms; or (3) your violation of the rights of another.

13. Entire Agreement

Unless otherwise specified, these Terms constitutes the entire agreement between you and UMuseUs with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and UMuseUs with respect to the Service.

14. Miscellaneous Terms

This statement does not confer any third party beneficiary rights.

Any dispute between you and UMuseUs will be governed by these Terms and construed in accordance with the laws of West Virginia. Any lawsuit, by you or UMuseUs against the other will occur in state or federal court located within West Virginia. You and UMuseUs agree that the jurisdiction and venue of these courts is exclusive.

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.

Failure to enforce these Terms, or any terms found within, does not constitute a waiver.

All rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. However, you agree not to transfer any of your rights or obligations under these Terms to anyone else without our consent.

Contact Us

If you have any questions or comments about our Terms, please contact us at Support@UMuseUs.com.

Effective date: February 1, 2018.