provisions set out in those documents, you should not use the Musica
Apps or any other Musica Services. By accessing or using Musica, or by
viewing, accessing any products from or to Musica, you represent and
abide by them, and that you are either 18 years of age or more, or if
you are under 18 years of age, you are 13 years of age or more and have
your parent(s)’ or legal guardian(s)’ permission to use Musica.
time to time we will change, alter, replace or otherwise modify these
from time to time for updates. By continuing to use the service after
those changes are made, you express and acknowledge your acceptance of
(for example, for security, legal, or regulatory reasons), we will
notify you by sending a message to your Musica account and/or an email
will become effective thirty (30) days after such notification. You will
have no obligation to continue using Musica following any such
notification, but if you do not terminate your account as described in
days period, your continued use of Musica after the end of the thirty
3. Description of Musica
MUSICA Service”, being a service that (i) provides access to unlimited,
on-demand and/or pre-programmed full-length audio and video recordings,
including but not restricted to Authorised Recordings; (ii) is owned,
controlled , managed and operated by Company; (iii) is marketed and
branded exclusively using the Authorised Branding; and (iv) is made
available in daily, monthly, three (3) months and six (6) months
subscription terms (the “Daily Offering”, “Monthly Offering”, “3 Months
Offering” and “6 Months Offering” respectively) provided that the
customer pays in full and in advance in respect of each offering.
4. Your Musica Account
You are obliged to register to use Musica. Access to the Musica App and
certain Musica Services will only be available to registered users.
When you register to use Musica you will provide us with your email
address, and will choose a username and password for your account and
mobile phone number. You must ensure that the email address that you
provide is, and remains, valid. Your email address and any other
information you chose to provide about yourself will be treated as
c) You are solely responsible for maintaining
the confidentiality and security of your username and password, and you
will remain responsible for all use of your username and password, and
all activity emanating from your account, whether or not such activity
was authorized by you.
d) If your username or password is lost or
stolen, or if you believe that your account has been accessed by
unauthorized third parties, you are advised to notify Musica in writing,
and you should change your password immediately.
e) We reserve the
right to disallow, cancel, remove or reassign certain usernames and
permalinks in appropriate circumstances, as determined by us in our sole
discretion, and may, with or without prior notice, suspend or terminate
your account if activities occur on that account which, in our sole
or an infringement or violation of the rights of any third party, or of
any applicable laws or regulations.
5. Your Use of Musica
all times during your use of Musica, Musica grants you a limited,
personal, non-exclusive, revocable, non-assignable and non-transferable
right and license to use the Musica Service in order to view, share,
upload content online or offline, and to share and download content and
products using Musica features where the appropriate functionality has
been enabled by Musica, and subject to the territorial availability of
that feature and product.
b) If you register to use Musica, and
times during your use, Musica grants you a limited, personal,
non-exclusive, revocable, non-assignable and non-transferable right and
participate in the community areas of Musica and
communicate with other members of the community strictly in accordance
use Musica Apps and other Services
other terms applicable to those Apps or Services from time to time.
The above licenses are conditional upon your strict compliance with
including, without limitation, the following:
You must not copy, rip
or capture, or attempt to copy, rip or capture, any content from Musica
or any part of Musica, other than by means of download or store for
offline listening in circumstances where Musica has elected to permit
downloads or offline listening of the relevant item of content.
must not adapt, copy, republish, make available or otherwise communicate
to the public, display, perform, transfer, share, distribute or
otherwise use or exploit any content on or from Musica at any and all
parameters set by Musica.
You must not use any content in any way
that is designed to create a separate content service or that replicates
any part of the Musica Service.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
must not employ any techniques or make use of any services, automated
or otherwise, designed to misrepresent the content and activity on
Musica, including without limitation by the use of bots, botnets,
scripts, apps, plugins, extensions or other automated means to register
accounts, log in, add or remove users, or otherwise to act on your
behalf, particularly where such activity occurs in a multiple or
repetitive fashion. You must not offer or promote the availability of
any such techniques or services to any other users of Musica.
Musica respects intellectual property rights and expects you to do the same. This means that the following is not permitted:
reproducing, “ripping”, recording, or making available to the public
any part of the Musica Services or content delivered to you via Musica
Services, or otherwise any use of the Musica Service which is not
using the Musica service to import or copy any local files you do not have the legal right to import or copy in this way;
decompiling, disassembling, modification or creating derivative works
based on Musica Services or any part thereof;
technology used by Musica, its licensors, or any third party to protect
content accessible through Musica Services;
renting or leasing of any part of Musica Services;
circumventing of any territorial restrictions applied by Musica;
removing or altering any copyright, trademark or other intellectual property notices contained on or provided through Musica;
providing your password to any other person or using any other person’s user name and password.
must not, and must not permit any third party to, copy or adapt the
object code of the Musica website or any of the Apps or Services, or
reverse engineer, reverse assemble, decompile, modify or attempt to
discover any source or object code of any part of Musica, or circumvent
or attempt to circumvent or copy any copy protection mechanism or
territorial restrictions or access any rights management information
pertaining to content.
You must not engage in any activity on Musica
or upload User Content, including registering and/or using a username,
which is or includes;
a) any Content that is abusive, libelous,
defamatory, pornographic or obscene, that promotes or incites violence,
terrorism, illegal acts, or hatred on the grounds of race, ethnicity,
cultural identity, religious belief, disability, gender, identity or
sexual orientation, or is otherwise objectionable in Musica’s reasonable
b) any information, Content or other material that
violates, plagiarizes, misappropriates or infringes the rights of third
parties including, without limitation, copyright, trademark rights,
rights of privacy or publicity, confidential information or any other
c) any Content that violates, breaches or is contrary to
any law, rule, regulation, court order or is otherwise is illegal or
unlawful in Musica’s reasonable opinion;
d) any material of any kind
that contains any virus, Trojan horse, spyware, adware, malware, bot,
time bomb, worm, or other harmful or malicious component, which or might
overburden, impair or disrupt Musica Services or servers or networks
forming part of, or connected to, Musica, or which does or might
restrict or inhibit any other user's use and enjoyment of Musica
e) any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation;
f) any content that is intended or does harass or bully other users;
any information that impersonates or misrepresents your affiliation
with another user, person or entity, or is otherwise fraudulent, false,
deceptive, or misleading;
h) automated means to artificially promote content;
any material that involves the transmission of unsolicited mass mailing
(“spam”), junk mail, chain letter, or similar, including through the
j) any content that involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes;
k) any content that promotes commercial products or services;
You agree that Musica may reclaim your username and report you to the authorities for any of the above breaches.
must not commit or engage in, or encourage, induce, solicit or promote,
any conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law or regulation.
You must not rent, sell or lease access to Musica, or any content on Musica.
must not deliberately impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity, for example, by
registering an account in the name of another person or company, or
sending messages or making comments using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Musica employee.
must not use or attempt to use another person's account, password, or
other information, unless you have express permission from that other
You must not sell or transfer, or offer to sell or transfer,
any Musica account to any third party without the prior written approval
You must not collect or attempt to collect personal data,
or any other kind of information about other users, including without
limitation, through spidering or any form of scraping.
You must not
violate, circumvent or attempt to violate or circumvent any data
security measures employed by Musica; access or attempt to access data
or materials which are not intended for your use; log into, or attempt
to log into, a server or account which you are not authorized to access;
attempt to scan or test the vulnerability of Musica’s servers, system
or network or attempt to breach Musica’s data security or authentication
procedures; attempt to interfere with the website or the services by
any means including, without limitation, hacking Musica’s servers or
systems, submitting a virus, overloading, mail-bombing or crashing.
Without limitation to any other rights or remedies of Musica under these
that appears to involve any of the above, and may report such matters
to, and co-operate with, appropriate law enforcement authorities in
prosecuting any users who have participated in any such violations.
must not interfere with the Musica Service, tamper with or attempt to
probe, scan, or test for vulnerabilities in the service or Musica’s
computer systems or network, or breach any of Musica’s security or
d) The Musica Service includes social and
interactive features, including the ability to post User Content, share
content, and make certain information about you public, as further
described in your account settings. Remember that shared or publicly
available information may be used and re-shared by other users on Musica
or across the internet. Please use Musica carefully and manage your
account settings regularly. Musica has no responsibility for your
choices to make any actions or material public.
e) Your password
protects your user account, and you are solely responsible for keeping
your password confidential and secure. You understand that you are
responsible for all use of your username and password on Musica. If your
username or password is lost or stolen, or if you believe there has
been unauthorized access to your account by third parties, please notify
us immediately and change your password as soon as possible.
agree to comply with the above conditions at any and all times during
your use of the Platform, and acknowledge and agree that Musica has the
right, in its sole discretion, to terminate your account or take such
other action as we see fit if you breach any of the above conditions or
court action and/or reporting offending users to the relevant
g) We will also suspend or terminate your account
without warning if ordered to do so by a court, and/or in other
appropriate circumstances, as determined by Musica at its discretion.
Please note we do not offer refunds to Subscription account holders
whose accounts are terminated as a result of repeated infringement or
6. Your Content
Any content, data or information that you upload, store, transmit,
submit, exchange or make available to or via Musica is generated, owned
and controlled solely by you, and not by Musica.
b) Musica users may
post, upload and/or contribute (post) content to the service, including
pictures, text and playlist compilations (User Content). You represent
that you have the right to post any User Content which you post to
Musica, and that such User Content, or its use by us as contemplated by
or the intellectual property rights of others.
c) You grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to use any User Content that you post on or in connection with
Musica. This license lasts until you terminate your Musica account,
except in the case of User Content that you have published, made public
and/or share with others. Aside from the rights specifically granted
herein, you retain ownership of all rights, including intellectual
property rights, in the User Content that you post to the Musica
Service, except that you agree to waive your right to be identified as
the author of any User Content on the Musica Service and your right to
object to derogatory treatment of such User Content.
d) Musica does
not monitor, review, or edit User Content, but reserves the right to
remove or disable access to any User Content for any or no reason,
including but not limited to, User Content that, in Musica’s sole
without prior notification to you. Removal or disabling of access to
User Content shall be at our sole discretion, and we do not promise to
remove or disable access to any specific User Content.
e) Musica does
not claim any ownership rights in User Content, and you hereby
expressly acknowledge and agree that your content remains your sole
f) Musica is not responsible for User Content nor does it endorse any opinion contained in User Content.
We may, from time to time, invite or provide you with means to provide
feedback regarding Musica, and in such circumstances, any feedback you
provide will be deemed non-confidential and Musica shall have the right,
but not the obligation, to use such feedback on an unrestricted basis.
Musica will, from time to time, automatically collect information that
can be used to identify media in your Musica library such as your play
history and playlists. This includes media purchased or acquired through
Musica and media obtained from other sources. This information will be
stored anonymously and will not be associated with your name or account.
Musica will use this information and the contents of your Musica
library, as well as other information, to give personalized
recommendations to you.
• Musica may use this information and combine
it with aggregated information from the Musica libraries of other
users, your Musica purchase history data, aggregated purchase history
data from other Musica users, and other information obtained from third
Create personalized playlists for you from your Musica library.
Provide you with recommendations regarding media and other products and services that you may wish to purchase or acquire.
Provide recommendations regarding products and services to other users.
a) Musica account holders may access the service by any of our several Subscriptions:
Free Service: a 15 seconds preview based, free-of-charge service;
Unlimited Service: a subscription fee-based service;
Service: an ad-free, subscription fee-based service which enables you
to listen to music while not connected to the internet, among other
Mobile Service: via a supported mobile handset.
Premium Service permits you to store cached content on up to three (3)
personal computers, mobile handsets and/or other relevant devices while
your Premium Service subscription is active. You may not transfer copies
of cached content to any other device via any means. By using the
Mobile Service, you agree to accept the Mobile Terms and to register for
the Service as a mobile subscriber. The Premium Service and the
Unlimited Service are hereinafter referred to as “Paid Subscriptions”.
b) Codes and other Limited Offers
you have purchased a code sold by or on behalf of Musica for access to
the Unlimited Service or Premium Service for the time period indicated
on your email, card or paper receipt (Code), or if you are accessing the
service through some other limited offer which you received or
access to the Musica Services. Any separate sets of terms and conditions
presented to you along with the Code or other Limited Offer also apply
to your access to Musica Services using the Code or Limited Offer.
to any rights you may have under the Payments section of these Terms of
Use, Codes are only redeemable in the country where you purchased such
Code, not redeemable for cash and may not be returned for a cash refund,
exchanged, resold or used to purchase other Codes.
time to time, we may offer trials of the Premium Service and/or Mobile
Service for a specified period without payment (a Trial). Musica
reserves the right, in its absolute discretion, to determine your
eligibility for a Trial, and to withdraw or to modify a Trial at any
time without prior notice and with no liability.
For some Trials,
we’ll require you to provide your payment details to start the Trial. At
the end of such Trials, we may automatically start to charge you for
the Premium Service on the first day following the end of the Trial, on a
recurring monthly basis. By providing your payment details in
conjunction with the Trial, you agree to this charge. If you do not want
this charge, you must change your Subscription to the Free Service
through your Musica account’s settings before the end of the Trial.
You agree that you will pay for all products you purchase through
Musica, and that Musica may charge your payment method for any products
purchased and for any additional amounts (including any taxes , late
fees, third party money transfer fees, as applicable) that may be
accrued by or in connection with your Account.
b) You are responsible
for the timely payment of all fees and for providing Musica with a
valid payment method for payment of all fees.
c) Your total price
will include the price of the content plus any applicable fees and
taxes; such tax is based on the bill-to address and the tax rate in
effect at the time you use the service and or download the content.
d) All sales and rentals of content are final.
Prices for products offered via Musica may change at any time, and
Musica does not provide price protection or refunds in the event of a
price reduction or promotional offering.
f) If content becomes
unavailable following a transaction but prior to download, your sole
remedy is a refund. If technical problems prevent or unreasonably delay
delivery of content, your exclusive and sole remedy is either
replacement or refund of the price paid, as determined by Musica
If you have a Paid Subscription, your payment to Musica will
automatically renew at the end of the subscription period, unless you
cancel your Paid Subscription through your subscription page before the
end of the current subscription period. The cancellation will take
effect the day after the last day of the current subscription period,
and you will be downgraded to the Free Service. However, if you cancel
your payment and/or terminate the Terms after the Cooling-off Period is
over (where applicable), and/or before the end of the subscription
period, we will not refund any subscription fees already paid to us.
Musica may change the price for the Paid Subscriptions from time to
time, and will communicate any price changes to you. Price changes for
Paid Subscriptions will take effect at the start of the next
subscription period following the date of the price change. By
continuing to use the Musica Service after the price change takes
effect, you accept the new price
pre-ordering products, you are authorizing Musica to automatically
charge your account and download the products when they become
available. You may cancel your pre-order prior to the time the products
10. Family Sharing
Family Sharing, where available, allows you to share eligible Musica
products with up to six members (including yourself) of a “Family.” If
you set up or join a Family, you may view the eligible products of other
Family members and download such products to your compatible device or
b) Family Sharing is for personal, non-commercial use only.
c) If you join a Family, the features of Family Sharing are enabled on your compatible devices and computers automatically.
The “Lead” of a Family can invite other members to participate in the
Family. The Lead must be 18 years or older and must have an eligible
payment method registered with Musica.
e) The Lead must be the parent or legal guardian of any Family member under age 13.
The Lead's payment method is used to pay for any purchase initiated by a
Family member in excess of any store credit in such initiating Family
g) Products are associated with the account of the Family member who initiated the transaction.
By inviting family members to join a family, the lead agrees that all
family member purchases are authorized by and are the responsibility of
the lead, even if the lead was unaware of any particular purchase, if a
family member exceeded his or her authority as granted by the lead, or
if multiple family members purchase the same product. The lead is
responsible for compliance with any agreement with its payment method
provider, and assumes all risk in the event that sharing access to such
payment method limits any protection offered by the payment method
i) The Lead can change the payment method on file at any time.
A record of any purchase will be sent to the initiating Family member
and the Lead, even if the purchase is hidden by the Family member;
please inform Musica if you or your Family members do not recognize
charges on your receipt or payment method statement.
k) The Lead can
use the Permission to Purchase function to require children under the
age of 18 to obtain permission from the Lead, and/or other adults
designated by the Lead, to download free or paid products before a
purchase or download commences.
l) If you are a Lead, you represent
that you and/or any adult designate is the parent or legal guardian of
any Family member for whom Permission to Purchase is activated.
The Lead may remove any Family member from the Family, which will
terminate that Family member's ability to initiate authorized purchases
on the Lead's payment method, and that Family Member’s ability to view
and share other Family members' products and information. When a Family
member leaves or is removed from a Family, the remaining Family members
may no longer view or download the exiting member’s products or
information, or access products previously downloaded from the exiting
member, including purchases made on the Lead's payment method while the
exiting member was part of the Family. Similarly, if you leave a Family,
you may no longer view or download the products or information of the
other Family members, and products that you downloaded from other Family
members while a member of the Family may no longer be accessible.
Accounts for users under age 13 can only be created as part of Family
Sharing, deleting such an account in order to remove it from the Family
will terminate that Family member’s Musica ID and his or her ability to
access any Musica services that require a Musica ID or any content
associated with that Musica ID.
o) You can only belong to one Family
at a time, and may join any Family no more than twice per year. You can
change the store account you associate with a Family no more than once
every 90 days.
11. Electronic Contracting
use of Musica includes the ability to enter into agreements and/or to
make transactions electronically. You acknowledge that your electronic
submissions constitute your agreement and intent to be bound by and to
pay for such agreements and transactions. Your agreement and intent to
be bound by electronic submissions applies to all records relating to
all transactions you enter into on this app or site, including notices
of cancellation, policies, contracts, and applications. In order to
access and retain your electronic records, you may be required to have
certain hardware and software, which are your sole responsibility.
to allow the Musica Service to use the processor, bandwidth and storage
hardware on your Device in order to facilitate the operation of the
b) to allow all rights access to your Device
c) to provide advertising, payment prompts and other information to you, if you subscribe to the Free Service; and
d) to allow our business partners to do the same.
grant Musica a non-exclusive, transferable, sub-licensable,
royalty-free, perpetual, worldwide licence to use, reproduce, make
available to the public, publish, translate and distribute any User
Content that you post on or otherwise provide through the Musica
These Terms are not intended to grant rights to anyone
except you and Musica, and in no event shall these Terms create any
third party beneficiary rights. Any failure by Musica to enforce these
Terms or any provision thereof shall not waive Musica’s right to do so.
13. License and assignment
and the content provided through it are the property of Musica or
Musica's licensors, and we grant you a limited, non-exclusive, revocable
licence to make personal, non-commercial use of the Musica Service and
to receive the media content made available through the Musica Service
in your country, based on the Subscription or Trial you have selected
(the “Licence”). This License shall remain in effect for a period of 1
year unless terminated by you or Musica.
The Musica software
applications are licensed, not sold, to you, and Musica retains
ownership of all copies of Musica software applications even after
any part of them without restrictions. You may not assign these Terms of
Use or any part of them, nor transfer or sub-licence your rights under
this Licence, to any third party.
All Musica copyrights, patents,
trademarks, service marks, trade names, logos, domain names, and any
other features of the Musica brand are the sole property of Musica. This
Licence does not grant you any rights to use Musica copyrights,
patents, trademarks, service marks, trade names, logos, domain names, or
any other features of Musica brand, whether for commercial or
to use Musica Service (including but not limited to its content) in any
software libraries included in Musica Service are licensed to you under
the relevant third party software library’s licence terms.
14. Third Party Applications
provides a platform for third party applications, websites and services
to make available products and services to you (Third Party
Applications). You understand and agree that Musica is not responsible
or liable for the behavior, features, or content of any Third Party
By linking or otherwise providing access to any Third
Party Applications, Musica does not give any representation, warranty or
endorsement, express or implied, with respect to the legality,
accuracy, quality or authenticity of content, information or services
provided by such applications.
Third Party Applications may have
practices and requirements to those operated by Musica. You are solely
terms governing your use of these Third Party Applications, which you
use at your own risk. You are advised to make reasonable enquiries and
investigations before entering into any transaction, financial or
otherwise, and whether online or offline, with any third party related
to any Third Party Applications.
You are solely responsible for
taking the precautions necessary to protect yourself from fraud when
using Third Party Applications, and to protect your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive
content and material that may be included on or may emanate from any
Third Party Applications.
Musica disclaims any and all responsibility
or liability for any harm resulting from your use of Third Party
Applications, and you hereby irrevocably waive any claim against Musica
with respect to the content or operation of any Third Party
15. Technology limitations and modifications
will make reasonable efforts to keep Musica Services operational.
However, certain technical difficulties or maintenance may, from time to
time, result in temporary interruptions. Musica reserves the right,
periodically and at any time, to modify or discontinue, temporarily or
permanently, functions and features of Musica Services, with or without
notice, all without liability to you for any interruption, modification,
or discontinuation of Musica Services or any function or feature
thereof. You understand and agree that Musica has no obligation to
maintain, support, upgrade, or update the Service, or to provide all or
any specific content through the Service.
16. Export Control
products may be subject to Canadian export and re-export control laws
and regulations. You agree to comply with all applicable export and
re-export control laws and regulations. Specifically, you agree that you
shall not – directly or indirectly – sell, export, re-export, transfer,
divert, or otherwise dispose of any products, software, or technology
(including products derived from or based on such technology) received
person prohibited by the laws or regulations of Canada, without
obtaining prior authorization from the competent government authorities
as required by laws and regulations. This export control clause shall
access to the Musica Service at any time, including in the event of your
actual or suspected unauthorised use of the Musica Service or
you agree that Musica shall have no liability or responsibility to you
and Musica will not refund any amounts that you have already paid, to
the fullest extent permitted under applicable law.
You may terminate
your relationship with Musica at any time by sending notice in writing
to Musica confirming such termination, and by removing all of Your
Content from your account, or by deleting your account and thereafter by
ceasing to use Musica. If you have a Subscription, and terminate these
any refund for any unexpired period of your Subscription.
elects at its discretion to cease providing access to the Service in the
jurisdiction where you reside or from where you are attempting to
Once your account has been terminated, any and all
content in your account, or pertaining to activity from your account,
will be irretrievably deleted by Musica, except to the extent that we
are obliged or permitted to retain such content, data or information for
a certain period of time in accordance with applicable laws and
regulations. Musica assumes no liability for any material that is
irretrievably deleted following any termination of your account. Musica
is not able to provide you with any file of data relating to activity
associated with your account, whether before or after termination or
cancellation. This data is provided and is accessible only for viewing
via your account page on the Website for as long as your account is
If you access Musica via any of our applications or via any
third party application connected to your account, deleting that
application will not delete your account. If you wish to delete your
account, you will need to do so from the account page within your
that are intended by their nature to survive the termination or
cancellation of this Agreement will survive the termination of this
Agreement, including, but not limited to, those Sections entitled, Your
Musica Account, Your Content, Consideration Your Content, Termination,
Assignment to Third Parties, Warranty, Limitation, Waiver and Indemnity,
Severability, Entire Agreement, and Applicable Law and Jurisdiction,
18. Assignment to third parties
may assign its rights and (where permissible by law) its obligations
under this Agreement, in whole or in part, to any third party at any
time without notice, including without limitation, to any person or
entity acquiring all or substantially all of the assets or business of
hereunder, in whole or in part, to any third party without the prior
written consent of Musica.
endeavor to provide the best service we can, but you understand and
agree that THE MUSICA SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR
IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MUSICA SERVICE AT
YOUR OWN RISK. MUSICA DISCLAIMS ANY WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, Musica does not warrant, endorse, guarantee or assume
responsibility for any Third Party Applications, Third Party Application
content, User Content, or any other product or service advertised or
offered by a third party on or through the Musica Service or any
hyperlinked website, or featured in any banner or other advertising. You
understand and agree that Musica is not responsible or liable for any
transaction between you and third-party providers of Third Party
Applications or products or services advertised on or through the Musica
Service. As with any purchase of a product or service through any
medium or in any environment, you should use your judgment and exercise
caution where appropriate. No advice or information whether oral or in
writing obtained by you from Musica shall create any warranty on behalf
of Musica in this regard.
agree that, to the extent permitted by applicable law, your sole and
exclusive remedy for any problems or dissatisfaction with Musica, the
Third Party Applications or the Third Party Application content is to
uninstall any Musica software and to stop using the MusicaService, the
Third Party Applications or the Third Party Application content.
THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MUSICA, ITS
OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES,
AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR
(i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS)
DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE MUSICA SERVICE,
THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS
OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MUSICA HAS BEEN WARNED OF THE
POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS
ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO
THE MUSICA SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION
CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MUSICA DURING THE PRIOR
THREE MONTHS IN QUESTION.
21. Waiver and Indemnity
using the Musica service, you agree, to the extent permitted by law, to
indemnify and hold Musica, its directors, officers, employees,
affiliates, agents, contractors, and licensors harmless with respect to
the Musica Service, or any action taken by Musica as part of its
has occurred. This means that you cannot sue or recover any damages
from Musica, its directors, officers, employees, affiliates, agents,
contractors, and licensors as a result of its decision to remove or
refuse to process any information or content, to warn you, to suspend or
terminate your access to the Musica service, or to take any other
action during the investigation of a suspected violation or as a result
occurred. This waiver and indemnity provision applies to all violations
22. Entire agreement
between you and Musica and supersede any prior agreements in relation to
additional or different terms or conditions in relation to the subject
to Musica are void. You represent that you have not accepted the Terms
of Use in reliance on any oral or written representations made by Musica
Occasionally we may
offer you the chance to participate in sweepstakes, contests, and
surveys (Special Promotions) through the Musica Service. Special
Promotions may be governed by terms and conditions that are separate
terms and conditions shall prevail.
for any reason or to any extent, such invalidity or enforceability shall
not in any manner affect or render invalid or unenforceable the
provision shall be enforced to the extent permitted by law.
24. Choice of law and mandatory arbitration
choice or conflicts of law principles. Further, you and Musica agree to
the exclusive jurisdiction of the courts of Canada to resolve any
You and Musica agree that any dispute, claim or controversy arising out
of or relating in any way to the Musica Service or your use thereof,
You agree that the Arbitration Act, Cap. 49 Laws of
Canada governs the interpretation and enforcement of this provision, and
that you and Musica are each waiving the right to a trial and the right
to participate in a class or multi-party action/suit.
AND MUSICA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY
REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall
consolidate any other person’s claims with your claims, and may not
otherwise preside over any form of a multi-party or class proceeding. If
this specific provision is found to be unenforceable in any way, then
the entirety of this arbitration section shall be null and void. The
arbitrator may not award declaratory or injunctive relief.
arbitration must be commenced by filing a demand for arbitration with
Chartered Institute of Arbitrators within ONE (1) YEAR after the date
the party asserting the claim first knows or reasonably should know of
the act, omission or default giving rise to the claim; and there shall
be no right to any remedy for any claim not asserted within that time
period. If applicable law prohibits a one-year limitations period for
asserting claims, any claim must be asserted within the shortest time
period permitted by applicable law.