This website uses cookies to ensure you get the best experience on our website.
To learn more about our privacy policy Click here
TERMS OF SERVICE
1. Welcome to UMuseUs
Welcome to UMuseUs!
These Terms govern your use of UMuseUs and the products, features, apps, services, technologies, and software we offer (the UMuseUs services and products), except where we expressly state that separate terms (and not these) apply.
Our mission at UMuseUs is to provide platforms, venues, and resources that empower 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’ services and products, including the website and platform. 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. You also represent that you are not a convicted sex offender. Finally, you represent that you are not prohibited from receiving our products, services, or software under applicable laws.
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 email 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.
You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document express clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
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. We may also suspend or disable your account if you create risk or legal exposure for us when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it.
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. 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.
10. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE 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.
11. Limitation of Liability
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. Our products and services are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections.
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
TO THE EXTENT PERMITTED BY LAW, UMUSEUS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
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.
We cannot predict when issues might arise with our products and services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the UMuseUs products and services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the UMuseUs products and services, including for any implied warranties, will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
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
These Terms make up the entire agreement between you and UMuseUs regarding your use of our products and services. If you use any of those products and service, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our products and services for commercial or business purposes, such as buying ads, selling products, developing apps, or managing a group or Page for your business, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
This statement does not confer any third-party beneficiary rights.
Any dispute that arises out of these Terms of Service between you and UMuseUs will be governed by these Terms and construed in accordance with the laws of West Virginia. Any lawsuit that is not subject to mandatory arbitration, by you or UMuseUs against the other will occur in state or federal court located within West Virginia
You and UMuseUs agree that any dispute, claim or controversy between you and UMuseUs arising in connection with or relating in any way to these Terms of Service or to your relationship with UMuseUs as a user of the services and products (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of your use of the products and services) will be determined by mandatory binding individual (not class) arbitration. You and UMuseUs further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefitting anyone but the parties to the arbitration. This arbitration provision will survive termination of this agreement.
You and UMuseUs agree that nothing in these terms of service will be deemed to waive or limit the rights of either party to bring an individual action in a U.S. small claims court or an action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. This Arbitration does not prevent either party from bringing issues to the attention of federal, state, or local agencies, which can, to the extent the law allows, seek relief against either party on behalf of the other.
YOU AND UMUSEUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Any arbitration between you and UMuseUs will take place under the Consumer Arbitration Agreement Association Rules (“AAA Rules”).
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. Any amendment to or waiver of these Terms must be made in writing and signed by us.
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.
We may need to change the username of your account in certain circumstances (for example, if another person, artist, group, or likeness claims the username and it appears unrelated to the name you use in everyday life).
While we appreciate your feedback and other suggestions about our products and services, we may use your feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep any information within such feedback or other suggestions confidential.
Contact Us
If you have any questions or comments about our Terms, please contact us at Support@UMuseUs.com.
We reserve all rights not expressly granted to you.
Effective date: November 30, 2018
