These Terms of Service (the «Agreement») set forth an agreement between you and WVE (the «Company») with respect to the subscription services made available by WVE on or through the mioozik.com service. mioozik.com’s website is located at www.mioozik.com (the «mioozik.com website»). We refer to the mioozik.com website and the software applications made available by WVE as the «Service Applications», and we refer to the Service Applications and the service provided through the Service Applications, collectively, as the «mioozik.com service»). In this Agreement, the «Company» means WVE, a french company, with its principal business address at 49 rue de Verdun, 92150 Suresnes, France. By using any of the mioozik.com service, or by creating a user account, you signify your acceptance of this Agreement, as it may be amended by the Company from time to time in its sole discretion. You may only use the mioozik.com service and/or open an account if your acceptance of these this Agreement is not prohibited by applicable law. You represent that you are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and will comply with this Agreement, and that you are not a person barred from using the mioozik.com service under the laws of France or other applicable jurisdiction. In any case, you affirm that you are at least 13 years old. If you do not agree to this Agreement, you will not be able to subscribe to the mioozik.com service or otherwise obtain other services made available by the Company from time to time, and your only remedy is to stop using the mioozik.com service. This Agreement are subject to change without prior written notice at any time, in the Company’s sole discretion, and, once made available on the mioozik.com website, such changes will apply to any existing subscription or paid services, or any new subscription or other paid services that are available through the mioozik.com website. You should review this Agreement each time you subscribe for, order and/or purchase any subscription or other services offered by the Company. You will be deemed to have accepted this Agreement, as amended, if you continue to use the mioozik.com service after any amendments are posted on the mioozik.com website.
3. AGE RESTRICTIONS
Individuals under the age of 13 are prohibited from accessing this site and the mioozik.com service . You hereby represent and warrant that you are 13 years of age or older. SOME AREAS OF THE mioozik.com website MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
4. PUBLISHING OF CONTENT
You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the mioozik.com website, including without limitation, information, code, data, text, software, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials (Content). You represent, warrant and agree that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you have all legal rights necessary to publish any Content on the mioozik.com website or that you own such Content. You hereby acknowledge and agree that Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Content for any reason and at its sole discretion. You hereby acknowledge and agree that Company may, at its sole discretion, disclose your Content in order to: (i) comply with law enforcement, court orders, or the legal process; and/or (ii) protect the rights and safety of individuals; and/or (iii) settle disputes over intellectual property ownership. The Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the mioozik.com website, or via the mioozik.com website, by third parties not within the control of the Company. It is our policy not to permit materials known by us to be infringing to remain on the www.mioozik.com website. You should notify us promptly if you believe any materials on the mioozik.com website infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA.
5. LICENSE TO CONTENT EXCEPT
By posting Content (except your own files that you allow others to download) to any part of the mioozik.com website, you automatically grant to the Company, and you represent and warrant that you have the right to grant to the Company, a non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. You may remove such Content from the mioozik.com website at any time and the license for such Content granted above will automatically terminate.
6. LICENSE TO FILES AVAILABLE FOR COPYING BY OTHER USERS
The mioozik.com website includes mioozik.com services that enable you to publish files and allow other users to download and copy such files. If you use the mioozik.com services to allow other users to copy, perform and use your music files, you automatically grant to the Company and other users, and you represent and warrant that you have the right to grant to the Company and other users, an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such files and to prepare derivative works of, or incorporate into other works, such files; provided, however that in all events other users' rights with respect to such files will be subject to the usage rules set forth in Section 7 below. You may remove such files from the mioozik.com website at any time and the license granted above to such files will survive such removal. However, we will not continue to publish or make available on the mioozik.com website Content you have removed from the site.
7. USE OF WEBSITE
You agree that the mioozik.com services, the mioozik.com website and any software or other technology used in connection therewith contain proprietary and confidential information of the Company that is protected by applicable intellectual property and other laws. The Company grants you a personal, non-transferable and non-exclusive license to access and use the Mioozik services and the mioozik.com website, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any underlying source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the mioozik.com services, the mioozik.com website or any underlying software. You agree that all of Company’s trademarks, trade names, service marks and other Company logos and brand features, including “mioozik.com”, are the property of the Company (the “Company Marks”). Without the Company’s prior written permission, you agree not to display or use in any manner the Company Marks. You understand that the mioozik.com services and the mioozik.com website are available for your personal use only. Your use of any mioozik.com services that provide for or facilitate commercial transactions may be subject to additional terms and conditions. You agree not to harvest or collect email addresses or other contact information of other mioozik.com website users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the mioozik.com website. You agree that you will not use the mioozik.com website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the mioozik.com website. In addition, you agree not to use the mioozik.com website to: (i) upload, post, email, transmit or otherwise make available any Content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; (iii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail, spam, chain letters, pyramid schemes,” or any other form of solicitation; (iv) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (v) use or attempt to use another user's account, without authorization from the Company, or create a false identity using the mioozik.com services or the mioozik.com website.
8. LINKS TO OTHER WEBSITES
The mioozik.com website contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site on or through the mioozik.com website or the mioozik.com services does not imply approval or endorsement of the linked site by us. If you decide to leave the mioozik.com website and access these third-party sites, you do so at your own risk.
9. LIMITATION OF LIABILITY
YOU AGREE THAT USE OF THE MIOOZIK.COM SERVICES AND THE MIOOZIK.COM WEBSITE ARE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE MIOOZIK.COM WEBSITE, THE MIOOZIK.COM SERVICES, OR THE CONTENT. YOU AGREE THAT THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE COMPANY WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE MIOOZIK.COM SERVICES AND THE MIOOZIK.COM WEBSITE ABSENT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Our Registered Members may decide to engage in offline activities together, perhaps due to the relationships they have developed online. You agree to release and hold the Company harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, or property damage, either directly or indirectly related to or arising from you participation in any such offline activities.
You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of: (i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement; (ii) your use of the mioozik.com services or the mioozik.com website in violation of this Agreement; or (iii) or your violation of any law or the rights of a third party. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the mioozik.com website or the mioozik.com services.
11. USE OF WEBSITE CONTENT
All Content on the mioozik.com website, is the proprietary property of the Company or its licensors (including mioozik.com website users). Subject to the terms of this Agreement (see Sections 5 and 6 above), no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the mioozik.com website are trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
12. DISCLAIMER OF WARRANTIES
The Company is not responsible for any incorrect or inaccurate Content published on the MIOOZIK.COM WEBSITE or in or available through the mioozik.com services, including Content published by users of the MIOOZIK.COM WEBSITE or the mioozik.com services. The Company is not responsible for the conduct, whether online or offline, of any user of the MIOOZIK.COM WEBSITE. The MIOOZIK.COM WEBSITE and the mioozik.com services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the MIOOZIK.COM WEBSITE or the mioozik.com services. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any MIOOZIK.COM WEBSITE, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the MIOOZIK.COM WEBSITE or the mioozik.com services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the mioozik.com services, the mioozik.com website or any Content published on the mioozik.com website. THE MIOOZIK.COM WEBSITE, THE MIOOZIK.COM SERVICES AND THE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES.
13. GOVERNING LAW
This Agreement sets forth the entire agreement between you and the Company pertaining your use of the mioozik.com website and the mioozik.com services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the mioozik.com services or the mioozik.com website after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the mioozik.com services or the mioozik.com website. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.