Terms of Service

Your Service Provider

The entity providing the Service is musifie streaming services Pte Ltd., a company operating under the laws of the Republic of Singapore (referred to as “MSSPL”, “we”, “us”, or “our”). References to MSSPL’s “Affiliates” in these terms means the other companies within the MSSPL corporate group (now or in the future).

Introduction

The following terms and conditions are in respect of you using the products, services and features (collectively, the “Service”) provided to you by MSSPL vide the 'musifie streaming services' platform ("musifie streaming services").

Our Service

The Service could inter alia allow you to discover, upload, consume music and other content, acts as a distribution platform for original content creators and advertisers and provides a forum for users to connect, interact, engage and/ or collaborate with one another.

Applicable Terms

Your use of the Service is subject to these terms, any community guidelines made available by MSSPL on musifie streaming services (“musifie streaming services Community Guidelines”) and any other applicable terms and policies as may be updated from time to time (together, this "Agreement").

By accepting this Agreement,

if you are an individual, you affirm that you are 14 years of age or above and are fully competent to enter into this Agreement, and if you are below 18 years of age, you have taken appropriate permissions from your legal guardian permitting you to accept this Agreement on their behalf and commit to abide by and comply with this Agreement. In case you are below 18 years of age, any restrictions and requirements mentioned as part of this Agreement below or through any further amendments apply
you are signing up for the use of this platform on behalf of a company registered or operating in India, you are a competent authority to enter into this Agreement and commit to abide by and comply with this Agreement. If it is found that you were not duly authorised by the company you have registered as, the membership could be suspended and all the information on the platform frozen and inaccessible to the account, with no liability to MSSPL for any loss caused by this
if you are signing up for the use of this platform on behalf of a band registered, formed or operating in India, you are a competent authority to enter into this Agreement and commit to abide by and comply with this Agreement. If it is found that you were not duly authorised by the band you have registered as, the membership could be suspended and all the information on the platform frozen and inaccessible to the account, with no liability to MSSPL for any loss caused by this
if you are signing up for the use of this platform on behalf of a community registered, formed or operating in India, you are a competent authority to enter into this Agreement and commit to abide by and comply with this Agreement. If it is found that you were not duly authorised by the community you have registered as, the membership could be suspended and all the information on the platform frozen and inaccessible to the account, with no liability to MSSPL for any loss caused by this

Modules on the Platform & Usage

The Service consists but is not limited to the following services:

Network: where users of the platform may be able to search for other users based on certain set criteria
Wall: where users may be able to post content, comment or react to certain content
Projects: where users may be able to create content individually or collaborate to do so.
Discover & Library modules: music & video content may be hosted on the Library. Certain users may be permitted to upload their own content on their own private library, and subject to specific conditions that are governed by the Service, could choose to publish this content on the Service thereby making it available for other users to view or engage with. Certain users may be permitted to create playlists from the content available on the Library/Discover that could either be for their personal consumption or to share with others who are users of the Service. Such playlists would be governed by specific conditions of the Service
Events: where users may be able to collaborate or create and manage events individually using this module which may including promotion and/or listing of tickets for sale on this platform or elsewhere
Shop: which would be a marketplace where users may be able to buy music, merchandise, tickets to events, or any such items that have been listed on this marketplace. Certain members may be allowed to create their own specific ‘shops’ where they would be able to list their items for sale, but the items that would be able to be listed would be governed by the Service and these terms could change at any time
Communities: certain communities may exist that users would be able to join, based on conditions that could be specific to each community. Certain users may be permitted to create their own communities, based on conditions that are governed by the Service
Profile: certain users may be permitted to create a profile that is customised to their specific skills and preferences by uploading specific details and content that are descriptive of the users capability.

Who may use the Service?

Age Requirements

A child under the age of 18 years may also use the Service and musifie streaming services only if expressly enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are under the age of 18 or considered a minor in your country (i.e., not of an age to legally contract), you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Businesses

If you are using the Service on behalf of a group of individuals or a legal entity, you represent that you are duly authorized to act on behalf of and legally bind that group of individuals or legal entity, and that each individual within such group of individuals or the legal entity accepts this Agreement.

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio (for example, music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. MSSPL is under no obligation to host or serve Content. If you see any Content that you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us on info@musifie.com

musifie streaming services Accounts and Channels

You may be able to use parts of the Service, such as browsing and searching for Content, without having a musifie streaming services account. However, you do need a musifie streaming services account to use some features. With a musifie streaming services account, you may be able to access additional features and functions, such as but not limited to creating projects, creating events, creating playlists, streaming content, starting communities & channels & threads of conversation, posting on the wall, uploading music, videos, etc.

To protect your musifie streaming services account, keep your password confidential. Prudently, it is not recommended to reuse your musifie streaming services account password on third-party applications.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The musifie streaming services Childrens Privacy Notice will provide additional information about MSSPL’s privacy practices that are specific to musifie streaming services for children.

In respect of any data covered by the Terms of Service, we will process any audio or audio-visual content uploaded by you to the Service in accordance with the musifie streaming services Data Processing Terms,.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable laws of the land. You may view or listen to Content (for your personal, non-commercial use) with prior written permission from MSSPL and, if applicable, the respective rights holders. You may also view musifie streaming services videos through the embeddable musifie streaming services player.

The following restrictions apply to your use of the Service. You are not allowed to:

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from MSSPL and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with musifie streaming services’s robots.txt file; or (b) with MSSPL’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with musifie streaming services’s contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service without MSSPL’s explicit written consent to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in musifie streaming services’s advertising policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where musifie streaming services videos are the main draw for users visiting the webpage).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or MSSPL).

Develop, Improve and Update the Service

MSSPL would be constantly updating the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Your Content and Conduct

Uploading Content

If you have a musifie streaming services account, you may be able to upload Content to the Service. We may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including any musifie streaming services Community Guidelines) or the applicable law(s).

In particular, the Content must:

a. respect the rights of others, including privacy;
b. not include third-party intellectual property (such as copyrighted material) unless you have duly licensed such third-party intellectual property or are otherwise legally entitled to do so;
c. not abuse or harm others or yourself (or threaten or encourage such abuse or harm), including against children;
d. not mislead, be patently false, or defrauding;
e. not illegally impersonate, defame, bully, harass, be obscene or stalk others;
f. not incite violation of applicable laws;
g. not abuse, harm, interfere with, or disrupt the services - for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, including spam and malware.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to MSSPL and other users of the Service, as described below.

License to MSSPL

By providing Content to the Service, you grant to MSSPL a worldwide, exclusive, royalty-free, transferable, sublicensable license to use and stream that Content (including to maintain copies for the purpose of streaming to members of the platform who may have subscribed to the Service on the promise of access to that content). MSSPL may use that Content in connection with the Service and MSSPL’s (and its successors’ and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to view or listen to that Content, only as enabled by a feature of the Service (such as video playback or embeds) or a collaboration/ engagement with any other user of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that MSSPL may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted, unless this content has been sold by you to members of the Service or who may have subscribed to the Service on the promise of access to that content, in which case it would be required to maintain a copy for access for those individuals.

Right to Monetize

You grant to MSSPL the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). Other than as has been explicitly agreed to between you and MSSPL in writing, this Agreement does not entitle you to any payments from MSSPL. However, if MSSPL establishes and publishes a royalty payable to content owners for streaming content on the Service, you will be entitled to that payment. Some or all of the payments you may be entitled to receive from MSSPL under any other agreement between you and MSSPL may be treated as royalties. If required by law, MSSPL will withhold taxes from such payments.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By MSSPL

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to MSSPL, our users, or third parties, we reserve the right to remove or take down that Content in accordance with applicable law. We may notify you with the reason for our action, except where we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for MSSPL or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, MSSPL or our Affiliates.

Community Guidelines Strikes

MSSPL may operate a system of “strikes” in respect of Content that violates the musifie streaming services Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your account from musifie streaming services. If you believe that a strike has been issued in error, you may appeal on info@musifie.com.

If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and MSSPL reserves the right to terminate your musifie streaming services account or your access to all or part of the Service.

Copyright Protection

MSSPL may provide information to help copyright holders manage their intellectual property online on the musifie streaming services Copyright Center. In the interim, if you believe your copyright has been infringed on the Service, please send us a notice on info@musifie.com. For repeat infringers, musifie streaming services's policies provide for the termination, in appropriate circumstances, of such user’s access to the Service.

Account Suspension & Termination

Terminations by You

You may stop using the Service at any time. MSSPL reserves the right to withhold certain amounts from any advance payments made by you, or from any monies that are payable to you to clear any liabilities that could exist, after which MSSPL may refund such dues to you, with an appropriate explanation of any such deductions.

Terminations and Suspensions by MSSPL

MSSPL reserves the right to suspend or terminate your musifie streaming services account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, musifie streaming services, MSSPL or our Affiliates.

Notice for Termination or Suspension

We may notify you with the reason for termination or suspension by MSSPL, except where we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, musifie streaming services, MSSPL or our Affiliates. Where MSSPL is terminating your use for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

Effect of Account Suspension or Termination

If your musifie streaming services account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension of your musifie streaming services account has been made in error, you can appeal on info@musifie.com.

About Software in the Service

Downloadable Software

When the Service requires or includes downloadable software, unless that software is governed by additional terms which provide a license, MSSPL gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MSSPL as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by MSSPL, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, sublicense or lease any part of the software, unless you have MSSPL’s written permission.

Open Source

Some software used in our Service may be offered under an open source, royalty-free license that we provide to you. There may be provisions in an open-source license that expressly override some of these terms, so please be sure to read those licenses.

Other Legal Terms

Warranty Disclaimer

Other than as expressly stated in this agreement or as required by law, the service is provided “as is” and MSSPL does not make any specific commitments or warranties about the service. For example, we don’t make any warranties about: (a) the content provided through the service; (b) the specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs; or (c) that any content you submit will be accessible on the service.

Limitation of liability

Except as required by applicable law, MSSPL, its affiliates, officers, directors, employees and agents will not be responsible for any (i) loss of profits, revenues, business opportunities, goodwill, or anticipated savings; (ii) loss or corruption of data; (iii) indirect or consequential loss, or; (iv) indirect, consequential, incidental, special, punitive or exemplary damages whatsoever, whether or not caused by:

Errors, mistakes, or inaccuracies on the service;
Personal injury or property damage resulting from your use of the service;
Any unauthorized use of the service;
Any interruption or cessation of the service;
Any viruses or malicious code transmitted to or through the service by any third party;
Any content whether submitted by a user or MSSPL, including your use of content; and/or
The removal or unavailability of any content.

This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.

To the extent permitted by applicable law, MSSPL and its affiliates’ aggregate liability for any claims arising from or relating to the service is limited to the greater of: (a) the amount of revenue that MSSPL has paid to you from your use of the service in the six (6) months before the date of your notice, in writing to MSSPL, of the claim or (b) usd $100, whichever is higher.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MSSPL, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of he Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by MSSPL. MSSPL has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Changing this Agreement

We may change this Agreement, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms within this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

The laws of the Republic of Singapore will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the appropriate courts within Republic of Singapore, and you and MSSPL consent to personal jurisdiction in those courts. If applicable local law expressly prohibits these disputes from being resolved in a Singapore court, then you can file these disputes in your local courts. Likewise, if applicable local law prevents your local court from applying the laws of Republic of Singapore to resolve these disputes, then these disputes will be governed by the laws of your country of residence.