Museeka Premium Terms and Conditions

1. Definitions

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

1. Museeka Mobile Premium Product (the “Product”) means the software application, designed to operate on approved mobile phone platforms combined with a paid “Subscription Plan” of choice which provide “Streamed Content” to you on and on-demand basis, including “Stock Files”, “Documentation” and third party computer information or software.
2. Streamed Content (“Content”) means, but is not limited to audio tracks, album and artist information delivered to you via wireless transmission and saved as cached storage on your mobile device.
3. “Stock Files” means digital images, stock photographs, clip art, sounds or other artistic works.
4. “Documentation” means related explanatory written materials or files.
5. “Licensor” means MUSEEKA SA, 11 rue de Berne, PO Box 1568, Geneva 1, Switzerland.
6. "Subscription Plan" means the type of paid user account you have registered for.
7. “Usage Data” means, but is not limited to your play history and musical preference
8. “Personal Information” means, but is not limited to your name, address, gender, birthday and payment information.
9. “Partners” means companies which Licensor has agreements with for the Product to function such as, but not limited to record labels, independent artists, hosting providers and providers of software programs.
10. "Use" or "Using" means to access, use, install, download, copy or otherwise benefit from using the functionality of the Product.
11. "Licensee" means you, unless otherwise indicated.
12. "Permitted User Account" means one (1) unless otherwise granted by MUSEEKA SA.
     
2. Grant of License 
   As long as you comply with the terms of this End User License Agreement (the "Agreement"), MUSEEKA SA grants to you a limited, non-exclusive, revocable and non-commercial license to download and use the Product for the purposes described in this Agreement in your country of residence. You may not, rent out, lease, sub-license or transfer the rights to a third person. Some third party materials included in the Product may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
    
3. Number of Copies and Limitation of Access
   You may install 3 number of copies of the Product on compatible mobile devices, but you may only access the service through a single login at any given point in time. If you try to login on a second device, you will automatically be logged out on your first device.

4. Use of Cached Content
   Cached Content allows you to temporarily store and play copies of content without any network connection for as long as you maintain your subscription to the applicable service, but you must login to the service on your mobile device every 14 days.  As a subscriber to the Premium Mobile Service, you are permitted to store such cached content on up to three (3) personal devices.

5. Restrictions

"For the avoidance of doubt you agree not to:

1. copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Museeka Mobile Application or the Museeka Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement
2. sell or attempt to sell any invite to access the Museeka Service, or resell any code used to access the Museeka Paid for Service
3. provide your password to any other person or use any other person's user name and password
4. reverse-engineer, decompile, disassemble, modify or create derivative works based on the Museeka Mobile Application or the Museeka Service or any part thereof
5. circumvent any technology used by Museeka, its licensors, or any third party to protect content accessible through the Museeka Mobile Application and Museeka Service
6. rent or lease any part of the Museeka Mobile Application or the Museeka Service
7. use the Museeka Mobile Application or the Museeka Service in a way that violates the terms of this Agreement
8. circumvent any territorial restrictions applied by Museeka
9. artificially increase play count or otherwise manipulate the Museeka Mobile Application or the Museeka Service by using a script or other automated process
10. import any local files which you have not legally acquired into the Museeka Service; and

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Museeka Mobile Application and the Museeka Service and its content.

6. Latest Application Version

Using the Product requires the latest version of the application. You agree that you will only acquire and download the Product using the destination download sites and application stores authorized by Museeka. Any attempt to install the Product a through non-authorized channel will automatically cancel any guarantees and obligations provided by the Licensor.
 

7. Registration and Acceptance of Terms

You agree to follow the registration process and acknowledge that you have read all required information provided by Licensor in order to use the Product. By registering, you acknowledge that you have thelegal right to enter into this Agreement. If you are less than 18 years of age, you acknowledge that you have received your parents or guardians consent to enter into this Agreement.

8. Free Trial
   You are offered a 14 day free trial from the day you register. You agree to register only once for the Free Trial. During the Free Trial you have access to the Product on same terms as a paying subscriber as described in this Agreement. Once your Free Trial expires, you acknowledge that you no longer have access to the Streamed Content, and that certain features in the Product will not function. As part of the Free Trial, you accept to receive both during and after the expiration of the Free Trial, one or several notifications and offers, by posted mail or electronic media, to sign up to a subscription plan. As part of the Free Trial, you accept that the Licensor and its Partners may use your Usage Data for reporting and promotional purposes. You accept that the Licensor will store your registration details, usage preference and Usage Data for 24 months if you chose not subscribe, and that the Licensor may use this information for reporting and promotional purposes during the 24 months.

9. Subscription

By entering into this Agreement, you accept that after the Free Trial the Product is usable only when signed up to a paid Subscription Plan. The Licensor offers several types of subscription plans, and you acknowledge that you have read and fully understand the commercial terms set forth on the Website and in this Agreement.
 

10. Subscriptions Plans and Renewals

The Licensor offers three types of subscription plans:

1. A monthly, recurring subscription fee
2. A quarterly, recurring subscription fee
3. A yearly, recurring fee

Each plan has a different price which may vary according to your country of residence. At the end of a subscription period, the Licensor will automatically debit your account based on your payment method of choice. The subscription plan starts on the date your payment has been received by the Licensor, and is renewed the same date the following month. If there are less days in the month following the previous month, you will be billed on the first day of the following month.

11. Payment Conditions

If you agree to pay the fee for access to the applicable Museeka Paid for Service, such fee will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Museeka Websites are inclusive of VAT (where applicable) and other applicable taxes and fees.

12. Grace Period

Licensor grants you a 48 hours extension of your active account status (Grace Period) in between subscription renewals in case of issues with the confirmation of your automatic payment. During this period you retain your full usage rights. Should payment confirmation not take place within 48 hours, you lose you active account status and you will no longer have access to the Content until a payment confirmation has been received by Licensor.

13. Price Changes

By entering into this agreement you acknowledge that the Licensor may change its prices, add, or delete one or more subscription plans, and add new types of plans and prices that may cancel your current subscription plan. Price changes will take effect at renewal date of your current subscription plan.
 

14. Termination
    We hope you will not, but you may terminate your subscription any time. The subscription will terminate at the end your current subscription plan once you have terminated the automatic payment. This means that monthly subscriptions will end at the end of the monthly plan,  quarterly subscriptions at the three month plan, and yearly subscriptions at the end of the 12 month plan.
     
15. Usage Data collection

You accept that the Licensor will collect and store data concerning your usage of the Product (Usage Data) such as, but not limited to your musical preferences, search history and general application settings as permitted by the privacy laws of your country of residence. Your personal Usage Data will remain confidential between you and the Licensor, unless otherwise expressively permitted by you. You agree that the Licensor may keep this data for up to 24 months about the expiration of your subscription plan. The Licensor keeps this information in the case you decided to re-subscribe and wish to retrieve your previous preferences and Usage Data. However, the Licensor does not guarantee that all Usage Data and preferences will be saved after the termination of the subscription plan and reserves the right to delete such information without your prior consent. You accept that the Licensor will use your Usage Data on an aggregated level in order for the Licensor to fulfil reporting requirements by its Partners. Aggregated data will not reveal your identity.

16. Personal data collection

You agree that that Licensor may collect and store Personal Information about you, in accordance with the privacy laws of your country of residence, as part of the registration process, and that your Personal Information may be stored for 24 months after the date of registration in case you do not sign up for a subscription plan, and for 24 months after your subscription plan expires.
 

17. Customer Support
    The Licensor offers a you an online support to help you with questions and potential issues. You accept that the Licensor does this on a best effort basis and cannot guarantee that all questions can be address, nor that all issues can be solved, and that timely responses to your enquiries may depend on the overall work load for the customer service agents.
     
18. Service Level
    The Licensor does it best to provide you with a maximum availability of its Product, but does not guarantee full availability during your subscription period.
     
19. Content Modifications and Withdrawals
    You acknowledge and accept that Licensor at times may add, update or delete the Content. You acknowledge and accept that such modifications may affect playlists and other features available in the Product.

20. Computational Limitations

You agree that the Museeka Mobile Application and the Museeka Service can utilize the processor, bandwidth and storage hardware on your device for the limited purpose of facilitating the communication and transmission of content and other data or features between you and the Museeka Service

21. Stock Files

You may not display, modify, reproduce and distribute any of the Stock Files included with the Product without prior consent from MUSEEKA SA or the Third Party copyright owners. Stock Files may not be used in the production of libellous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.
 

22. Intellectual Property Rights

Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Product. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product.

23. Changes to Agreement

Museeka may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the Museeka Mobile Application or the Museeka Service after such notification of changes to this Agreement will constitute your acceptance of such changes.
 

24. Assignment

You may not assign this Agreement or any part of it to any third party. You do not have a right to transfer or sublicense your rights under this Agreement. You may not, rent out, lease, sub-license or transfer your rights to a third person.

Museeka may assign this Agreement or any part of it without restrictions.

25. NO WARRANTY

The Product is being delivered to you "AS IS" and MUSEEKA SA makes no warranty as to its use or performance. MUSEEKA SA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE Product. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, MUSEEKA SA AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

26. Technical Limitations

Museeka will make reasonable efforts to keep the Museeka Applications and the Museeka Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Museeka reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Museeka Application and the Museeka Service with or without notice.

27. Pre-release Product Additional Terms

If the product you have received with this license is pre-commercial release or beta Product ("Pre-release Product”), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Product, but only to the extent necessary to resolve the conflict. You acknowledge that the Product is a pre-release version, does not represent final product from MUSEEKA SA, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Product is provided to you "as-is", and MUSEEKA SA disclaims any warranty or liability obligations to you of any kind. You acknowledge that MUSEEKA SA has not promised or guaranteed to you that Pre-release Product will be announced or made available to anyone in the future, that MUSEEKA SA has no express or implied obligation to you to announce or introduce the Pre-release Product and that MUSEEKA SA may not introduce a product similar to or compatible with the Pre-release Product. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Product or any product associated with the Pre-release Product is done entirely at your own risk. During the term of this Agreement, if requested by MUSEEKA SA, you will provide feedback to MUSEEKA SA regarding testing and use of the Pre-release Product, including error or bug reports. You agree to assign to MUSEEKA SA for free the intellectual property right of any feedback, comments, or suggestions that can potentially lead to an improvement of Museeka's products or services. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Product. Upon receipt of a later unreleased version of the Pre-release Product or release by MUSEEKA SA of a publicly released commercial version of the Product, whether as a stand-alone product or as part of a larger product, you agree to destroy all earlier Pre-release Product received from MUSEEKA SA and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Product. Notwithstanding anything in this Section to the contrary, you agree that you will return or destroy all unreleased versions of the Pre-release Product within thirty (30) days of the completion of your testing of the Product when such date is earlier than the date for MUSEEKA SA's first commercial shipment of the publicly released (commercial) Product.

28. LIMITATION OF LIABILITY

IN NO EVENT WILL MUSEEKA SA OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. MUSEEKA SA'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE Product, IF ANY.

29. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Switzerland.

30. General Provisions

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of MUSEEKA SA. Updates may be licensed to you by MUSEEKA SA with additional or different terms. This is the entire agreement between MUSEEKA SA and you relating to the Product and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Product.

31. Entire Agreement

This Agreement together with the Museeka Privacy Policy constitutes all the terms and conditions agreed upon between you and Museeka and supersede any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Museeka are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Museeka not contained in this Agreement.

32. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

33. English Version Prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

34. Compliance with Licenses

If you have any questions regarding this Agreement or if you wish to request any information from MUSEEKA SA please contact us.

35. Trademark
    Museeka is an internationally registered trademark.