MUZIBEES PTE LTD
(a Company registered in the Republic of Singapore. ACRA Regn. No: 201728298K)
TERMS OF SERVICE
(Revised as of 25 Jan 2021)
This agreement is between Muzibees Pte. Ltd. (hereinafter referred to as “Muzibees”) and any individual, group or organisation (hereinafter referred to as ‘the User) that deals with or uses Muzibees’s products, applications, websites and other services (Collectively referred to as ‘Services’). Reference to User: he includes she and it, Him includes her, it, his includes her, its.
1. ACCEPTANCE OF TERMS OF SERVICE
Before deciding to access or use the Website, Products, Applications and other services of Muzibees, the User shall read carefully the terms of service as detailed in this document and satisfy that the User is able to and willing to be bound by this agreement.
If a User is not willing to agree to all these 3 documents, he should not access, install or use any of Muzibees’s Services. By installing the App or otherwise using any portions of the Service, the User agrees that he has read, understood, and agrees to be bound by these Terms.
Muzibees expressly reserves the right to make changes, additions, suspend, discontinue, or withdraw any aspect of the Service at any time without prior notice.
Registration of the User and opening of an Account for the User only allows the User to access and use the Services of Muzibees and does not amount to purchase of Muzibees’ Services.
The User may incur other costs or charges or losses in respect of other third-party service providers whose services may be required to use Muzibees’s services by the User and subject to any terms and conditions imposed by such services providers over which Muzibees will not have any control.
The User shall not use Muzibees’ services to promote the products and services of his own or other companies’ products or services without prior written approval by Muzibees in writing.
The User’s account may be terminated and the User may be permanently banned from using Muzibees Services if found to be engaged in any of the following unacceptable acts or behaviour while using Muzibees Services:
- Harassing or intimidating others.
- Offensive communication with other Users
- Commercial Exploitation of Muzibees’s Services for the User’s personal benefit
- Engaging in Unlawful and unethical acts
- Posting any Objectionable content as detailed in Point 4.7 under User Generated Content section.
Upon such cancellation of the User’s account with Muzibees, the User may not be able to retrieve their recordings, messages, videos, or contents uploaded by them in Muzibees’s Services.
2. USER ACCOUNT
The information provided by the User at the time of creating the account must be accurate and complete.
The User shall not divulge his password details to any third party. The User shall notify Muzibees if any breach of security is noticed in respect of his account.
Muzibees will not be liable for any losses to the User caused by any unauthorized use his account.
Use of another person’s account to avail Muzibees’s Services or allowing another person to use his account are strictly prohibited.
The User shall not send or share any messages about other companies’ products or services in the User’s profile section, comments and messages section.
The User’s account or registration may be terminated or cancelled and the User may be permanently barred from accessing or using Muzibees’s services if found to be engaged in unacceptable acts or behaviour while using Muzibees’s products.
3. CONTENT CREATION AND/OR USAGE
The following restrictions and conditions apply specifically to the User’s use of audio, video, photo or other materials (“Content”):
The User hereby agrees to respect and comply with trademarks, logos on the Muzibees’ s Services, and copyright and other intellectual property rights laws and regulations.
The Purpose of the Services is to provide a platform to the Users to enjoy performing and sharing their performances with their friends. The User shall not and has no authority to, sell, license out, or otherwise use any Content for commercial benefit or for any other purposes without the prior written consent of Muzibees or the relevant owners of the Content.
The User agrees not to engage in any acts that will affect or compromise security-related features of the Service or features or that would prevent or restrict use or copying of any Content.
The User agrees to waive, and hereby does waive, any legal or equitable rights or remedies he may have against Muzibees with respect to any inaccurate, unpleasant, derogatory or objectionable contents in the Services, and agrees to indemnify and hold harmless Muzibees, its owners, associates and representatives, licensors, and licensees regarding all matters with respect to Muzibees’ s Services used by the User.
4. USER GENERATED CONTENTS
Muzibees helps to enhance the quality of singer’s performance both in term of audio and video effects in respect of any songs recorded by the User using the track available in Muzibees Library or uploaded by the User in Muzibees’ s services. The User hereby waives any rights to make any claims for losses, damages in the event of any contents uploaded by the User.
The User warrants that he owns or have the appropriate licenses, authority, consents, and permissions to publish the Content that he submits in the Services; the User licenses to Muzibees all patent, trademark, trade secret, copyright or other proprietary rights, if any, in respect of the Content that will allow the content to be used in Muzibees’ s Services. The User agrees hereby that no licence fee, royalty or any other compensation is payable to the User for such use by Muzibees or its affiliates or authorised representatives.
As Muzibees Services allow access to users of other users’ content in the Services for the purpose of recording, sharing with others, any user uploading any content in the Services does so with the clear understanding that such content may be used by other users who may modify the contents, Other users may make changes to the content uploaded by the User. The User agrees and authorised such users to make changes.
While the User is free to withdraw or delete the content brought in or created by him, the User understands and agrees that Muzibees and its other Users may still retain, display, share, Copy the User Content that have been removed or deleted by User. Further, User understands and agrees that any Content that the User has submitted, as it is or thereafter worked on by any other User of the Services, which has been previously downloaded by any other User or person, will remain within the control of such User or person.
The User further agrees that he is responsible to comply with Copyright laws and third-party rights, if applicable, for the content submitted by him in Muzibees Services and that the User is legally entitled to post the material and to grant Muzibees all of the license rights granted herein. If User is not sure about compliance with legal requirements and licence/copyright requirements, Muzibees strongly urge the User not to upload any such content in Muzibees’s Services.
Muzibees expressly disclaims any and all liability in connection with Content uploaded by the User. Muzibees does not permit the use of its Services for any activities that violates copyrights or intellectual property rights. If Muzibees receives proper notification that a content Content infringes on copyrights or intellectual property rights of third parties, it will remove such content at its sole discretion and without any prior notice to the User who submitted the Content.
4.7. OBJECTIONABLE CONTENTS
The User is not allowed to, and agrees not to, create or post any User generated content (audio, video, photograph, comments, etc) that is, or may be interpreted to be
- Defamatory, abusive, bullying, harassing, damaging, infringing, libelous, obscene, offensive, pornographic or vulgar,
- Unlawful in applicable jurisdictions
- Infringing the copyrights or other rights of other persons
- Promoting any product, good or service;
- Promoting bigotry, discrimination, hatred, intolerance, or racism; or
- Inciting violence
- Putting other User's data privacy and security at risk;
Any User may notify Muzibees about any objectionable content posted by other Users in the Service using 3 avenues namely:
- 1. using the “Report” button given in each post and in the Other User’s profile.
- 2. using the Report function in the Settings section of each User’s Own Profile page
- 3. Email to [email protected] or [email protected]
4.7.3. Muzibees may not be able to monitor all the posts in the Services for any such Objectionable contents but may review the Posts in the Services to the extent feasible.
4.7.4. On its own review or based on report from any user, Muzibees reserves the right, but not obliged to, without prior notice and in its sole discretion, take such appropriate actions including but not limited to, removing any such objectionable content, terminating the account of the User who posted such Objectionable contents or violated Muzibees's terms of Services
5. CHARGES AND COLLECTION
The User may authorise Muzibees to collect any fees or charges payable by the User to Muzibees in respect of any paid services or products by providing the payment method and other details required for collecting such payment. Any subsequent adjustments to prices will be payable by the User. If User subscribes for certain paid services from Muzibees, the any charges payable for renewal of such subscription will be renewed at the end of each subscription term automatically by default unless and until the User requests to cancel the subscription arrangement. If the Subscription is payable in instalments, the User subscription cannot be terminated before the expiry of the period for which Subscription instalment commitment has been already made. Muzibees may, at its sole discretion, credit or refund any sum as is appropriate but it is not obliged to give further credit or refund in future.
6. NO RIGHTS TO COMPENSATION
The User understands and agrees that by using the efforts put in by the User in Muzibees’s services, his audio/video recordings recorded in Muzibees Services or brought to Muzibees services and shared with others, Muzibees may earn income, enhance its market reach, generate high valuation and the User will have no right to such income, share of the goodwill, etc considering the fact that the User accesses and uses Muzibees’ s Services only as a source of entertainment development of musical talent and as a platform to connect with the community, and not with the intention to profit or earn income or wealth through such use.
7. VIOLATIONS AND INFRINGEMENT OF COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS
Muzibees reserves the right to review or remove any User Content, but may not review all the User generated contents, and takes no responsibility for the User Content that appears on the Service. User Content is fully the responsibility of the person that Posts the User Content. Muzibees takes Objectionable contents very seriously and does not want its Services to be exploited for any Objectionable use. However, it is not possible to assure that all User Content will always comply with the Terms of Service. If any User notices any Objectionable Content on the Service, he may report to Muzibees either through any of the Services provided by Muzibees like Website, App, etc. This facility is provided as part of our efforts to avoid Objectionable contents being posted in Muzibees’ Services but Muzibees has no obligation to remove or take any other action in respect of any Objectionable Content on the Service that is reported
If the User is an owner of any Intellectual Property rights or Copyrights or represents the owner thereof as agent and believes that any Content on Muzibees’s Services infringes his/her copyrights or intellectual property rights, then that User may submit a notification of Infringement in any of the following methods:
8. DISCLAIMER AND LIMITATION OF LIABILITIES
The User agrees that he uses Muzibees Services at his own risk. To the fullest extent permitted by law, Muzibees, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the product and / or service and their use by the User. Muzibees, its officers, directors, employees, or agents do not and will not accept any liability or responsibility for any
- unintended errors, mistakes or misrepresentations
- personal injury or property damage, of any nature whatsoever, resulting from User access to and use of the service,
- any unauthorized access to or use of Muzibees servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from the service,
- any bugs, viruses, or the like that may be transmitted to or through the service by any third party, and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available through Muzibees Services.
- any loss, personal injury or property damage in relation to the use or purchase of any product or service advertised or offered by a third party vendors or service-providers through the Service or featured in any banner or other advertising material- Muzibees will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party vendors or service-providers.
User specifically acknowledges that Muzibees shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the User.
The Service is controlled and offered by Muzibees from its facilities in Singapore. Muzibees makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with applicable local law.
To the extent permitted by relevant law, User agrees to defend, indemnify and hold harmless Muzibees, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from:
User use of and access to the Service;
User’s violation of any term of the Terms of Service;
User’s violation of any third party right, including but without limitation any copyright, Intellectual property, or privacy right; or
any claim that Content submitted by user caused damage to a third party. This defence and indemnification obligation will survive the Terms of Service and User’s use of the Service.
10. ELIGIBILITY TO ACCESS THE SERVICES AND ENTER INTO THIS AGREEMENT
User affirms that User is either 13 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Service and to access and use Muzibees’ services.
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by User without prior permission from Muzibees. However, such rights and licenses may be assigned by Muzibees to any third party without any approval by User.
User understands and agrees that:
- the Service shall be deemed solely based in Singapore; and
- the Service does not give rise to personal jurisdiction over Muzibees, either specific or general, in jurisdictions other than Singapore.
- The Terms of Service shall be governed by the laws of the Republic of Singapore, without respect to its conflict of laws and principles in the country of the User. Any claim or dispute between User and Muzibees that may arise in whole or in part thereof from the Service shall be dealt with and decided exclusively by a court of competent jurisdiction located in Singapore. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any provision of the Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Muzibees to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
Muzibees reserves the right to amend the Terms of Service at any time without notice. It is User’s responsibility to review the Terms of Service regularly for any changes. User’s use of the Service following any amendment of the Terms of Service will signify the User’s assent to and acceptance of its revised terms. User and Muzibees agree that any cause of action arising out of or related to the services provided by Muzibees must be initiated within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
No Rights to Compensation. In return for enjoying free or subscription-based access to the Service, User further acknowledges and agrees that Muzibees, its affiliates or associates, representatives may generate revenues, increase goodwill or otherwise increase the value of Muzibees from the User’s use of the Service, and the User will have no right to share in any such revenue, goodwill or value whatsoever. User further acknowledges that User has no right or will have no right in future to receive any income or other consideration from any musical works, sound recordings or audio-visual clips made available to User on or through the Service, including in any User Recording created by User.
13. USER REWARDS, REDEMPTION AND VIRTUAL GIFTS
13.1. REWARD POINTS:
The User may earn Reward Points by performing certain activities within the App. The nature, quantum of extent of activities to be performed and the number of reward points for each such activity may be determined by Muzibees and subject to revision or modifications from time to time by Muzibees at its sole discretion. Such Reward points may be redeemed by the User to purchase Virtual Coins within the App.
The User may, for a consideration in money or by redeeming Reward Points, purchase limited, revocable, non-exclusive, non-transferable virtual coins exclusively within the App (“Coins”) subject to the User’s acceptance of this Agreement and any other applicable policies with Muzibees Pte Ltd. These coins will be used for purchasing certain services within the app and as determined by Muzibees from time to time. The cost or the amount of reward points to purchase Coins is determined by Muzibees in its sole discretion and such costs or rewards quantum may be changed at any time. User agrees that Muzibees has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins as it sees fit in its sole discretion, and that User will have no rights or claims based on its exercise of these rights. All purchases of Coins are final and non-refundable, and Coins cannot be redeemed or exchanged for real currency or any legal tender. The User will forfeit the unused coins and reward points when his/her account is closed, whether voluntarily or otherwise. Notwithstanding any language to the contrary contained in these Terms, Coins have no monetary or “real world” value and can only be used with the App.
13.3. VIRTUAL GIFTS:
- 13.3.1. Muzibees may also offer the User the ability to use Coins to buy and send virtual gifts to other users within the app (“Virtual Gifts”). Virtual Gifts are owned by Muzibees and may not be reproduced, redistributed, or exported, and may only be used by the User as permitted by Muzibees.
- 13.3.2. Muzibees may at its sole discretion, determine, from time to time, the amount of Coins required to obtain Virtual Gifts and this will be displayed in the app at the point of purchase.
- 13.3.3. Muzibees may also, at its sole discretion, determine, from time to time, the type of Virtual Gifts that may be available for purchase. Muzibees may also change the selection of Virtual Gifts or discontinue a Virtual Gift at any time and the User will have no rights or claims based on its exercise of these rights.
- 13.3.4. Virtual Gift, received from another user cannot be Gifted back to that user or to other users within the app.
- 13.4.1. Muzibees prohibits and does not recognize or authorise, in whatsoever manner, any sale, gift, assignment, transfer or trade in the “real world” of any Coins or Virtual Gifts by the User to any third party under any circumstances whatsoever (including, without limitation, by operation of law).
- 13.4.2. Coins and Virtual Gifts are meant solely for the personal use of the User without any commercial value and they shall not be copied, exported, discarded or otherwise transferred to use on any other platform, service or for any other use.
- 13.4.3. User’s account may be terminated if he/she fails to comply with the terms relating to these Rewards, Coins and Virtual Gifts. If user is found to be or suspected to be engaging in any fraudulent or unlawful behaviour in connection with any Coins or Virtual Gifts, User’s access to and use of Coins, Virtual Gifts or the app may be restricted. In addition, Muzibees may, in its sole discretion also pursue any and all remedies that it deems available and hold the User liable for any and all damages, expenses, or other losses that Muzibees or its representatives may incur in connection with the violation of the terms.
- 13.4.4. User fully understands and acknowledges that he/she has no ownership of, legal rights in the Rewards, Coins or Virtual Gifts and no monetary compensation will be made to the User for unused rewards, coins or Virtual Gifts when a User’s account is closed or terminated, voluntarily or otherwise.