Member sign-up agreement

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Terms of Service
MuzKaraoke.com Terms of Service

Welcome to Muz Karaoke Home Page!

1. Your relationship with Muz Karaoke

    1.1 Unless otherwise agreed in writing with Muz Karaoke, your agreement with Muz Karaoke will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

    1.2 Your agreement with Muz Karaoke will also include the terms of any Legal Notices applicable to the services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that service.

    1.3 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Muz Karaoke in relation to your use of the services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

    1.4 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that service.

2. Accepting the Terms

    2.1 In order to use the Services, you must first agree to the Terms. You may not use the services if you do not accept the Terms.

    2.2 You can accept the Terms by:

        (A) clicking to accept or agree to the Terms, where this option is made available to you by Muz Karaoke in the user interface for any service; or

        (B) by actually using the services. In this case, you understand and agree that Muz Karaoke will treat your use of the services as acceptance of the Terms from that point onwards.

    2.3 You may not use the services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Muz Karaoke, or (b) you are a person barred from receiving the services under the laws of Canada or other countries including the country in which you are resident or from which you use the services.

    2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

    3.1 Where Muz Karaoke has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Muz Karaoke.

    3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Muz Karaoke

    4.1 Muz Karaoke is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which Muz Karaoke provides may change from time to time without prior notice to you.

    4.2 As part of this continuing innovation, you acknowledge and agree that Muz Karaoke may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at Muz Karaoke's sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform Muz Karaoke when you stop using the services.

    4.3 You acknowledge and agree that if Muz Karaoke disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.

    4.4 You acknowledge and agree that while Muz Karaoke may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by Muz Karaoke at any time, at Muz Karaoke’s discretion.

5. Use of the Services by you

    5.1 In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services. You agree that any registration information you give to Muz Karaoke will always be accurate, correct and up to date.

    5.2 You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada, Manitoba).

    5.3 You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by Muz Karaoke, unless you have been specifically allowed to do so in a separate agreement with Muz Karaoke. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the services.

    5.4 You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).

    5.5 Unless you have been specifically permitted to do so in a separate agreement with Muz Karaoke, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.

    5.6 You agree that you are solely responsible for (and that Muz Karaoke has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Muz Karaoke may suffer) of any such breach.

6. Your passwords and account security

    6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services.

    6.2 Accordingly, you agree that you will be solely responsible to Muz Karaoke for all activities that occur under your account.

7. Privacy and your personal information

    7.1 You agree to the use of your data in accordance with Muz Karaoke’s privacy policies.

8. Proprietary rights

    8.1 You acknowledge and agree that Muz Karaoke own all legal right, title and interest in and to its services. 
    
    8.2 Unless you have agreed otherwise in writing with Muz Karaoke, nothing in the Terms gives you a right to use any of Muz Karaoke’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

    8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Muz Karaoke, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.

    8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the services.

9. License from Muz Karaoke

    9.1 Muz Karaoke gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Muz Karaoke as part of the services as provided to you by Muz Karaoke (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Muz Karaoke, in the manner permitted by the Terms.

    9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Muz Karaoke, in writing.

    9.3 Unless Muz Karaoke has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Software updates

    10.1 The Software which you use may automatically download and install updates from time to time from Muz Karaoke. These updates are designed to improve, enhance and further develop the services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Muz Karaoke to deliver these to you) as part of your use of the services.

11. Ending your relationship with Muz Karaoke

    11.1 The Terms will continue to apply until terminated by either you or Muz Karaoke as set out below.

    11.2 If you want to terminate your legal agreement with Muz Karaoke, you may do so by (a) notifying Muz Karaoke at any time and (b) closing your accounts for all of the services which you use, where Muz Karaoke has made this option available to you. Your notice should be sent, in writing, to Muz Karaoke’s address which is set out at the beginning of these Terms.

    11.3 Muz Karaoke may at any time, terminate its legal agreement with you if:

        (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

        (B) Muz Karaoke is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or

        (C) the partner with whom Muz Karaoke offered the services to you has terminated its relationship with Muz Karaoke or ceased to offer the services to you; or

        (D) Muz Karaoke is transitioning to no longer providing the services to users in the country in which you are resident; or

        (E) the provision of the services to you by Muz Karaoke is, in Muz Karaoke’s opinion, no longer commercially viable.

    11.4 Nothing in this Section shall affect Muz Karaoke’s rights regarding provision of services under Section 4 of the Terms.

    11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Muz Karaoke have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. EXCLUSION OF WARRANTIES

    12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT Muz Karaoke’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

    12.3 IN PARTICULAR, Muz Karaoke, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

        (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

        (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

        (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

        (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

    12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Muz Karaoke OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

    12.6 Muz Karaoke FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

    13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Muz Karaoke, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

        (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

        (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

            (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

            (II) ANY CHANGES WHICH Muz Karaoke MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

            (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

            (III) YOUR FAILURE TO PROVIDE Muz Karaoke WITH ACCURATE ACCOUNT INFORMATION;

            (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

    13.2 THE LIMITATIONS ON Muz Karaoke’S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT Muz Karaoke HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Changes to the Terms

    14.1 Muz Karaoke may make changes to the Universal Terms or Additional Terms from time to time.

    14.2 You understand and agree that if you use the services after the date on which the Universal Terms or Additional Terms have changed, Muz Karaoke will treat your use as acceptance of the updated Universal Terms or Additional Terms.

15. General legal terms

    15.1 The Terms constitute the whole legal agreement between you and Muz Karaoke and govern your use of the services (but excluding any services which Muz Karaoke may provide to you under a separate written agreement), and completely replace any prior agreements between you and Muz Karaoke in relation to the services.

    15.2 You agree that Muz Karaoke may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the services.

    15.3 You agree that if Muz Karaoke does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Muz Karaoke has the benefit of under any applicable law), this will not be taken to be a formal waiver of Muz Karaoke’s rights and that those rights or remedies will still be available to Muz Karaoke.

    15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

    15.5 The Terms, and your relationship with Muz Karaoke under the Terms, shall be governed by the laws of the Province of Manitoba without regard to its conflict of laws provisions. You and Muz Karaoke agree to submit to the exclusive jurisdiction of the courts located within the province of Manitoba, Canada to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Muz Karaoke shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
I read the above agreement, and I agree it.