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PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

 

Key Terms

Muzenly provides an online platform that connects people that are traveling for Live Music Events from around the world and may share accommodations, rides or exchange tickets (collectively, the “Services“), which Services are accessible at www.muzenly.com and any other websites or through which Muzenly makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).

Accommodation” means residential and other properties including Tents, or any other space being offered as a place to stay temporarily for an event, including but not limited to Boats, Yachts, etc.

Muzenly Content” means all Content that Muzenly makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

Collective Content” means Member Content and Muzenly Content.

Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

Guest” means a Member who requests from a Host a booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.

Host” means a Member who creates a Listing for an Accommodation via the Site, Application and Services.

Post” means an Accommodation, Tickets, Rideshares or Question that is listed by a Member as available for rent/purchase via the Site, Application, and Services.

“Seller” refers to a Member who is selling Tickets or Other Services including but not limited to Offering a Ride for which the Member is charging money

“Buyer” refers to a Member who is buying Tickets or Other Services including but not limited to Finding a Ride, Accommodation, etc for which the Member is willing to pay money

Member” means a person who completes Muzenly’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.

Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Muzenly promotional campaign to be made available through the Site, Application or Services.

No Endorsement

Muzenly does not endorse any Member or Post or Accommodation. You understand that Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Images are therefore not an endorsement by Muzenly of any Member, Listing or Accommodation.

Members are required by these Terms to provide accurate information. Although Muzenly may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

By registering for an Muzenly Account, you agree that Muzenly may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.

Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Muzenly about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to buy tickets from, share accommodation with or ride share with someone, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Muzenly with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.

 

Account Registration

In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“Muzenly Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Muzenly Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Muzenly through the Site, Services or Application; or (ii) allowing Muzenly to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Muzenly and/or grant Muzenly access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Muzenly to pay any fees or making Muzenly subject to any usage limitations imposed by such third-party service providers. By granting Muzenly access to any Third-Party Accounts, you understand that Muzenly will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Muzenly Account and Muzenly Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Muzenly Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Muzenly’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Muzenly Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Muzenly makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Muzenly is not responsible for any SNS Content.

Your Muzenly Account and your Muzenly Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Muzenly Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Muzenly reserves the right to suspend or terminate your Muzenly Account and your access to the Site, Application and Services if you create more than one (1) Muzenly Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Muzenly Account, whether or not you have authorized such activities or actions. You will immediately notify Muzenly of any unauthorized use of your Muzenly Account.

Tickets Exchange

Muzenly provides a service that allows members who want to buy tickets (“Buyers”) to find members who want to sell tickets (“Sellers”). Muzenly does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers. You understand and agree that you are responsible to verifying that a Member who is selling tickets is genuine or not. Muzenly only aims to connect buyers and sellers of tickets but it is the responsibility of the Seller to ensure that he/she has the authority as well as permission to sell the tickets that he/she may be offering as a post on Muzenly. It is the responsibility of the Buyer to ensure that the tickets being purchased are legitimate.

Tickets Payment Authorization. When We receive an offer by credit or debit card, We obtain an authorization from the Buyer’s credit or debit card equal to the price, booking fees and delivery fees for the tickets. We will also add sales or value added tax on our fees as applicable. The authorization will remain on the Buyer’s credit or debit card until the sale is completed or the order is cancelled.

Ticket Fulfillment. Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the Seller has confirmed the sale, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. Tickets sales must be fulfilled via the delivery method indicated at the time of sale directly to the Buyer and no later than the shipping deadline communicated to the seller at the time of sale (“Must Ship By Date”).

If the Seller lists tickets for sale, confirms the sale and then is unable to deliver the exact tickets listed, Muzenly reserves the right to cancel the Seller’s sale, find replacement tickets for the Buyer and the Sellers may be subject to a replacement fee, other charges, and/or other consequences: If buyers are refused entry to the venue as a result of invalid tickets we may refund the buyer at any time. Invalid tickets are defined as anything where buyers are refused entry. We will collect proof where this is possible but in some cases Muzenly reserves the right to refund the buyer and not pay the seller even if proof of non entry is not presented. In the event that an event is cancelled or re-scheduled, Muzenly reserves the right to cancel a seller’s transaction. If for any reason your tickets are returned to Us or cannot be delivered We will attempt redelivery up to a maximum of three times. We endeavour to rearrange delivery with the customer or arrange a collection point. If this is also unsuccessful We will not offer a refund. We attempt to ensure all tickets are delivered in time for the event, time scale permitting We may require a venue or box office collection (‘pick-up’).

 

Ticket Information. Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to the Buyer to verify the most recent changes by contacting the box office or referring to official listings for any changes.

Seller Payment. The Seller will be paid 5 – 8 days after event if the delivery of the tickets was successful to the buyer. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.

Substituted Seat Locations. Ticket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations without the Buyers’ approval.

Accurate Descriptions of Tickets. For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. You also warrant that you own the tickets.

Other Information. You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.

Laws and Regulations. You warrant that You will comply with all applicable local, regional, country and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. You warrant that you are over 18 years old and have the legal capacity to make the transaction.

Indemnity. You agree to indemnify and hold Muzenly and (if applicable) any parent, subsidiaries, affiliates, officers, directors, solicitors, agents and employees, harmless against all liabilities, costs and expenses (including reasonable solicitors’ fees) incurred by Muzenly and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, solicitors and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.

 

Double Posting and Removal of Tickets. To post a ticket for sale on Muzenly You must first register with the Site. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. If You do post your ticket for sale on other marketplaces, you are required to remove your ticket from the Site immediately if your ticket sells elsewhere. Except as provided herein, You agree not to promote the sale of tickets posted on Muzenly through any other site. We reserve the right to prohibit users from posting tickets on Muzenly if they are not able to provide the exact tickets they posted on Muzenly.

Stolen Property. The sale of stolen property on Muzenly is strictly forbidden, and violates local, country and international law. Muzenly strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Muzenly. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

Sellers Shall Not Include Promotional Material with Tickets. The Buyer name and address is provided to Sellers for the sole purpose of delivering the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with such delivery(ies) or separately from such delivery(ies). You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by Muzenly, other than a VAT invoice if relevant and if requested by the Buyer and Muzenly. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than Muzenly, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. Including any such items constitutes a material breach of these terms and conditions. You also agree not to separately contact the Buyer at any time for any reason. Note that Your payment may be withheld if you violate this clause.

 

Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation providing Us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price You paid for a ticket.

Violations, Termination and Suspension. We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that We are not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer.

Disclosure of Information. You agree that We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Making Adjustments. If (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) you leave a sale unconfirmed for more than 48 hours and do not Report a Problem; (d) subject to the exceptions set forth in Section 2.10 and 2.15, you aren’t able to deliver the exact seats that you listed on the Site or send the tickets (and related passes if any) on or before the Must Ship By Date or you otherwise fail to fulfill the sale of your tickets or related passes; (e) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (f) You otherwise owe Muzenly a specific amount; or (g) You otherwise breach this Agreement or owe Us a specific amount, then you authorize Muzenly to withhold payment or charge your Payment Method any amount you owe us and all costs Muzenly incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience, with a minimum charge of $20 per ticket (or the equivalent in their listing currency). We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.

 

No Warranty. Except for the express warranties stated in this agreement, Muzenly provides the software, site and services on an “as is” basis and “as available” basis without any warranties of any kind. Muzenly makes no warranty with respect to its software, any tickets, any event, the services Muzenly provides, or that sellers or buyers will perform as promised, and Muzenly expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

Waiver of Consequential Damages; Liability Limit. Muzenly expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. Muzenly’s liability to You or anyone else in any circumstance is limited to the lesser of (a) $250, and (b) the total value of all tickets and other items you bought and/or sold via Muzenly during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is Muzenly liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on Muzenly.

Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.

Release. We are not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more members, You release Muzenly and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Tax Indemnity. You agree that Muzenly is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Muzenly and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by Muzenly that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Muzenly.

No Agency. You and Muzenly are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

Third Party Information. We do not control the information provided by other users which is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Site and remember that there are risks of dealing with people acting under false pretences. By using this Site, You agree to accept such risks and agree that Muzenly is not responsible for the acts or omissions of users on the Site.

All Sales are Final. All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets.

Offering a Ride

As a Member, if you are offering a ride to another Member, You understand and agree that you have the authority and access to the vehicle in which you are Offering a ride, and that you have not stolen the vehicle. Also, you agree that you have a valid driver’s license and insurance.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
  • access or use our Site, Application, Services or the Muzenly API to use, expose, or allow to be used or exposed, any Muzenly Content: (i) that is not publicly displayed by Muzenly in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Muzenly Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Muzenly’s users or any other third party;
  • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Muzenly endorsement, partnership or otherwise misleads others as to your affiliation with Muzenly;
  • dilute, tarnish or otherwise harm the Muzenly brand in any way, including through unauthorized use of Collective Content, registering and/or using Muzenly or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Muzenly domains, trademarks, taglines, promotional campaigns or Collective Content
  • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of Muzenly or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Muzenly Guest or Host;
  • offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
  • offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
  • register for more than one Muzenly Account or register for an Muzenly Account on behalf of an individual other than yourself;
  • unless Muzenly explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
  • contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site, Application and Services;
  • recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Muzenly, without Muzenly’s prior written approval;
  • recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Muzenly’s provision of the Services or for any other reasons;
  • as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;

 

  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Muzenly’s name, any Muzenly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Muzenly’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Application or Services, Muzenly’s computer systems, or the technical delivery systems of Muzenly’s providers;
  • attempt to probe, scan, or test the vulnerability of any Muzenly system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Muzenly or any of Muzenly’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
  • advocate, encourage, or assist any third party in doing any of the foregoing; or
  • accept or make a payment for Accommodation Fees outside Muzenly Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Muzenly harmless from any liability for such payment.

Muzenly has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Muzenly may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Muzenly Account, for a violation of this Section or these Terms.

Muzenly may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Muzenly or to comply with legal process (for example, subpoenas or warrants), (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of Muzenly, its users, or members of the public. You acknowledge that Muzenly has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Muzenly reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Muzenly, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

 

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Muzenly promotional campaigns, you hereby grant to Muzenly a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Muzenly does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Muzenly promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Muzenly promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Muzenly the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Muzenly’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Muzenly promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

  1. You will not post content or take any action on Muzenly that infringes or violates someone else’s rights or otherwise violates the law.
  2. We can remove any content or information you post on Muzenly if we believe that it violates this Statement or our policies.
  3. We provide you with tools to help you protect your intellectual property rights.
  4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear you (and not Muzenly) are the one collecting their information
  8. You will not post anyone’s identification documents or sensitive financial information on Muzenly.

 

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Muzenly is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Muzenly of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Muzenly platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.