Terms and Conditions.
This Terms and Conditions (“Terms”) constitutes an agreement between you (the terms “You”, “Your”, “Yours”, “Yourself” all of which shall refer to you personally, and/or the company, society, organisation, person, or other legal entity that you legally represent) and MusixMusix Sdn. Bhd. (“MusixMusix”, “we”, “us”, “our”) that govern your use of MusixMusix. Therefore, please read this Terms with extra care!
(“MusixMusix” and “You” are collectively called “Parties”; and individually, “Party”)
By using and/or visiting our MusixMusix’s subscription-fee based monthly desktop and portable music streaming service (“MusixMusix Service”, “Service”) and our website, you are deemed to have read, understood, agreed and consented to all the terms and conditions in this Terms.
2. MusixMusix’s Subscription
You can access and enjoy the features and contents in the MusixMusix Service when you subscribe to MusixMusix Service with certain subscription fees. You can access the MusixMusix Service once your payment of subscription fee is processed. Your access to MusixMusix Service is limited and restricted to only within the designated premises that are on record in your MusixMusix Service’s subscription user account information (“Designated Premises”).
Subscription fee is based on the subscription period that you have selected at the time of your subscription and inclusive of any applicable taxes. Please click here for more information on the subscription fee.
You can choose to renew your subscription under your MusixMusix user account. The renewal fee may be revised from time to time. We will notify you via email of such revision to the renewal fee two months before such revision becomes effective. The revised fee would also be displayed when you renew your subscription.
You may also cancel your MusixMusix user account by dropping an email to us at email@example.com and we will respond to you within fourteen (14) days from the date of receiving such email from you.
3. Effects of MusixMusix’s Subscription
By subscribing to MusixMusix Service, you hereby grant MusixMusix the rights for the MusixMusix Service and our partners’ services to use the processor, bandwidth and storage hardware on your computer or any other compatible device in order to facilitate the operation of the MusixMusix Service.
4. Intellectual Property Rights
MusixMusix and/or its licensors own all the rights and ownerships in the MusixMusix Service and its contents. You are allowed to access MusixMusix Service for commercial use and to receive the media content made available through MusixMusix Service within the Designated Premises in Malaysia only, based on a limited, non-exclusive, and revocable licence that we grant to you. You shall not transfer, transmit, use or made available for use of the MusixMusix Service out of the Designated Premises.
MusixMusix reserves all rights and ownership in the MusixMusix software applications. The MusixMusix software applications are only licensed to you, and not sold to you. You may download and install MusixMusix software applications to your computer or any other compatible device for your use according to this Terms and any agreement that is entered or to be entered between you and MusixMusix for such specific purpose. You are not allowed to reproduce and/or redistribute the MusixMusix software applications not in accordance to this Terms and any agreement that is entered or to be entered between you and MusixMusix for such specific purpose. Otherwise, you may be held liable for any infringement or violation to any applicable laws for such infringement or violation committed by you.
MusixMusix is the sole proprietor to all the MusixMusix trademark, logo, marks, domain name and other such distinctive features capable of identifying MusixMusix. MusixMusix reserves all the rights to all such marks, logos, domain names and other such distinctive features capable of identifying MusixMusix. This Terms does not in any time grant you the right to use such marks, logos, domain names and other such distinctive features capable of identifying MusixMusix.
By subscribing to MusixMusix Service, you may be able to access the libraries from third party software, which are licensed to you by MusixMusix or by third party software licensing terms from time to time. You must adhere to this Terms or any other agreement(s) governing such use of the third party software libraries by you. MusixMusix does not control and cannot be held responsible for such third party licensing terms. You are advised to read the third party licensing terms carefully.
By subscribing to the MusixMusix Service, you agree to allow MusixMusix to use your name and/or your logo to identify you as our subscribers of the MusixMusix Service during your subscription period with MusixMusix.
You are prohibited to do the following when you access and use the MusixMusix Service:-
To modify, amend or vary the contents in the MusixMusix Service unless in accordance with this Terms and/or any other agreement that is entered or to be entered between you and MusixMusix for such specific purpose;
To reproduce, redistribute and/or make available for use of the MusixMusix Service out of the Designated Premises, subject to this Terms and/or any other agreement that is entered or to be entered between you and MusixMusix for such specific purpose;
To use the MusixMusix Service in such a way that impedes or affects or hinders the peaceful enjoyment and access of other MusixMusix Service’s users;
To use the MusixMusix Service in whatever means that will in any way violate or infringe any applicable laws and regulations, including any intellectual property rights and licences;
To circumvent or attempt to circumvent MusixMusix Service for any of the functions and/or features of the MusixMusix Service which are not originally made available to you otherwise than by your circumvention or attempt to circumvent to the MusixMusix Service;
To use the MusixMusix Service in such a way that will cause harm, damage, losses, claims and/or legal proceedings to MusixMusix or its licensors in which such harm, damage, losses, claims and legal proceedings are caused by reasons not attributable to MusixMusix and/or its licensors;
To use the MusixMusix Service not in accordance with this Terms and/or any other agreement that is entered or to be entered between you and MusixMusix for such specific purpose.
6. Your Contents
You may submit, upload, post or contribute any audio, songs, playlist compilations, pictures and/or text to MusixMusix Service (“Your Contents”). Your Contents are submitted, uploaded, posted, or contributed at your sole risk and responsibility and it will not, in any manner, imply, stipulate or constitute any agency, partnership, cooperation, collaboration or agreement between you and MusixMusix.
By submitting, uploading, posting or contributing Your Contents to MusixMusix Service, you warrant and represent that:-
the contents and the play of Your Contents will not, in any manner, infringe or violate any intellectual property rights of any party and other relevant applicable laws, including but not limiting to laws governing defamatory remarks, inappropriate contents, hate speech and others;
the contents and the play of Your Contents will not, in any manner, infringe or violate this Terms and/or any other agreement that is entered or to be entered between you and MusixMusix for such specific purpose.
By submitting, uploading, posting or contributing Your Contents to the MusixMusix Service, you hereby grant a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any of Your Contents so long as you are subscribing to the MusixMusix Service.
By subscribing to the MusixMusix Service, you agree to pay for the Subscription Fees for the MusixMusix Service.
When you provide your credit cards’ information (including your credit card numbers, the last four digits of your credit card numbers, the issuer bank and other relevant details) for your subscription to MusixMusix Service or other purchases made available through MusixMusix Service, you hereby allow MusixMusix and its third party payment processors to bill such credit cards for such subscription and/or such purchases. You must provide accurate and up-to-date billing and contact information in order for MusixMusix or its third party payment processors to effect such payment successfully.
You may request to make payment by invoice and MusixMusix will prepare and deliver the invoice(s) to you through the mailing address and/or email address that you have provided to us.
MusixMusix reserves the rights to revise the subscription fees from time to time and MusixMusix will make announcement for such revision of the subscription fees to our MusixMusix website and through the communication means that you have provided to us.
8. Representations, Warranties, Indemnities and Limitation of Liabilities
Both Parties represent and warrant to each other that each Party has power or capacity to enter into this Terms.
The Parties agree to fully indemnify and keep each other indemnified and shall be liable to the other for all actions, damages, deficiencies, costs, claims, expenses, legal costs (including on a solicitors-client basis) and all other forms of liabilities that may be sustained, incurred or suffered by one Party including damages arising from any third party proceedings as a result of the other Party breaching this Terms and/or any other agreement that is entered or to be entered between the Parties for a specific purpose and the negligence, omission or wilful misconduct of such other Party.
The Parties acknowledge and agree that in the event of a material breach of this Terms and/or any other agreement that is entered or to be entered between the Parties for a specific purpose by either Party, the non-defaulting Party shall endeavour to do all things as may reasonably be necessary to mitigate any losses that it may suffer pertaining to such breach.
For avoidance of doubt, MusixMusix or its licensors shall, under no circumstances, be liable to you or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including loss of profits, loss of business, business interruption or any other losses arose or incurred by you or any third party in connection to your use of MusixMusix Service for reasons not attributable to MusixMusix.
9. Disclaimer of Warranty
WHILE WE STRIVE TO PROVIDE YOU WITH THE BEST EXPERIENCE IN MUSIXMUSIX SERVICE, MUSIXMUSIX PROVIDES THE MUSIXMUSIX SERVICE ON AN “AS IS” BASIS AND YOUR USE OF THE MUSIXMUSIX SERVICE IS AT YOUR OWN RISK. MUSIXMUSIX DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS IN RELATION TO THE MUSIXMUSIX SERVICE AND ITS CONTENTS, EXCEPT FOR THE EXPRESS WARRANTIES STATED IN SECTION 8 ABOVE. MUSIXMUSIX MAKES NO REPRESENTATION, WARRANTIES, AND GUARANTEES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SATISFACTION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OF THE CONTENTS OF THE MUSIXMUSIX SERVICE. MUSIXMUSIX FURTHER DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INACCURATE, INCOMPLETE, UNRELIABLE, UNSATISFACTION, NON-MERCHANTABLE, NOT FIT FOR PARTICULAR PURPOSE, INFRINGEMENT OF THIRD PARTY RIGHTS OF THE CONTENTS OF THE MUSIXMUSIX SERVICE. MUSIXMUSIX FURTHER ASSUMES NO RESPONSIBILITY TO PROVIDE ALL OR SOME OF THE FEATURES, FUNCTIONS OR CONTENTS OF THE MUSIXMUSIX SERVICE.
MUSIXMUSIX SHALL NOT BE LIABLE AND RESPONSIBLE TO ANY PRODUCTS OR SERVICES OFFERED ON THIRD PARTY APPLICATIONS, THIRD PARTY APPLICATIONS’ CONTENTS, AND/OR YOUR CONTENTS FOR THE SOLE REASON THAT THESE THIRD PARTY APPLICATIONS, THIRD PARTY APPLICATIONS’ CONTENTS, AND/OR YOUR CONTENTS ARE MADE AVAILABLE THROUGH MUSIXMUSIX SERVICE. YOU ARE SOLELY RESPONSIBLE FOR THE USE AND/OR THE ENTERING INTO ANY TRANSACTION WITH THESE THIRD PARTY APPLICATIONS AND THIRD PARTY APPLICATIONS’ CONTENTS MADE AVAILABLE THROUGH MUSIXMUSIX SERVICE. OUR ADVICE, RESPONSE OR INFORMATION TO YOU (WHETHER ORALLY OR IN WRITING) SHALL NOT CREATE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS TO YOU.
WHILE WE ALSO STRIVE TO KEEP THE MUSIXMUSIX SERVICE OPERATIONAL, THERE MAY BE TECHNICAL DIFFICULTIES OR MAINTENANCE WHICH MAY, FROM TIME TO TIME, RESULT IN TEMPORARY INTERRUPTIONS, DEFECTS OR ERRORS TO YOUR USE OF THE MUSIXMUSIX SERVICE. MUSIXMUSIX RESERVES THE RIGHT TO MODIFY, VARY, AMEND OR DISCONTINUE, AT ANY TIME, CERTAIN FEATURES, FUNCTIONS OR CONTENTS ON THE MUSIXMUSIX SERVICE, EITHER TEMPORARY OR PERMANENTLY, AND MUSIXMUSIX SHALL NOT BE LIABLE AND RESPONSIBLE FOR SUCH MODIFICATION, VARIATION, AMENDMENT, DISCONTINUANCE OR INTERRUPTION OF THE MUSIXMUSIX SERVICE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT MUSIXMUSIX IS NOT OBLIGED TO MAINTAIN, SUPPORT, UPGRADE OR UPDATE THE MUSIXMUSIX SERVICE AT ANY TIME.
10. Personal Data
In the event that any of this Terms is held invalid, unenforceable or illegal for any reason, this Terms shall remain otherwise in full force apart from such provision which shall be deemed deleted.
MusixMusix reserves the right to amend this Terms and such amendment shall immediately come into effect after MusixMusix has announced in its website and through the communication means provided by you. Should you disagree or have queries about such amendment, you must contact us as soon as possible failing which you are deemed to have accepted such amendments when you continue to use the MusixMusix Service after such amendments have been announced.
13. Term and Termination
You may contact us at firstname.lastname@example.org for further details on how to terminate your subscription with MusixMusix Service.
14. Right to remove or disable contents
MusixMusix reserves the right to remove or disable any of Your Contents if MusixMusix deems it infringes, violates or not complying with this Terms, any applicable laws, any intellectual property rights or any other agreement entered or to be entered by you and MusixMusix relating to the MusixMusix Service without prior notice to you. You may contact us should you disagree or dissatisfied with such removal and disability by MusixMusix.
15. Mechanisms for intellectual property rights’ complaints and counter-complaints
(i) When you, as the copyright owner, allege any copyright infringement,
If you, as the copyright owner, allege that your copyrighted work has been infringed, you may notify us in writing requiring us to remove or disable access to such alleged infringing work. On receipt of such notification, we will remove or disable access to the alleged infringing work no later than 48 hours from the time such notification was received by us, provided that, you, as the copyright owner shall undertake to compensate us and other relevant parties against any damages, loss or liability arising from our compliance of such notification.
(ii) When your material or contents on the MusixMusix Service have been removed or disabled access,
If your material or contents on the MusixMusix Service have been removed or disabled access by MusixMusix, you may issue counter notification in writing to us requiring the restoration of such material and/or contents to the MusixMusix Service provided that you shall undertake to compensate MusixMusix and other relevant parties against any damages, loss or liability arising from our compliance of such counter notification.
Upon our receipt of your counter notification, we will promptly provide the copyright owner of such counter notification and to inform the copyright owner that we will restore the removed material and/or contents or access in 10 business days.
We will restore the removed material or access not less than 10 business days unless the copyright owner notifies us of an action seeking a court order for such alleged infringement.
For more information, you may contact us via email: email@example.com or write to us at: A-01-06, Galeria Hartamas, Jalan 26A/70A, Desa Sri Hartamas, 50480, Kuala Lumpur.
16. Governing Law and Jurisdiction
This Terms is governed by and construed in accordance with the laws of Malaysia and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia for any disputes arising between the Parties.
18. Entire agreement