Last Updated: March 6, 2019
**PLEASE READ THIS DOCUMENT CAREFULLY. Music Splasher ("Music Splasher," "we," or "us") offers an online video sharing platform and community through its website located at Music Splasher.com and other Music Splasher-operated sites (collectively, the "Music Splasher Site"), mobile applications, connected TV applications, and other online services (collectively and including the Music Splasher Site, the "Music Splasher Service"). By registering as a member or by using the Music Splasher Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Music Splasher. If you do not wish to be bound by this Agreement, do not use the Music Splasher Service.
1. Who May Use the Music Splasher Service
AGE REQUIREMENT: You must be at least 18 years old to use the Music Splasher Service. No person under the age of 18 should use the Website without the consent of his or her parent or legal guardian. Use of the Music Splasher Service by any user shall be deemed to be a representation that the user is 18 years of age or older.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Music Splasher Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Music Splasher Service. If your child is using the Music Splasher Service and is either under 18 or does not have your permission, please contact us immediately so that we can disable his or her access.
2. License to Use the Music Splasher Service
LICENSE: Music Splasher grants you a limited, non-exclusive license to access and use the Music Splasher Service for your own personal, non-commercial purposes. This includes the right to view content available on the Music Splasher Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Music Splasher Service for commercial purposes unless:
RESTRICTIONS: Except as expressly permitted by Music Splasher in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Music Splasher Service or any source code therein. Nor will you attempt to circumvent any of Music Splasher's technical measures or take any measures to interfere with or damage the Music Splasher Service. All rights not expressly granted by Music Splasher are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Music Splasher Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Music Splasher and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Music Splasher Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
SUBSCRIPTIONS: In addition to offering Basic (free) Music Splasher memberships, we offer paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Music Splasher player or apps. All fees may be subject to taxes.
CANCELATION AND REFUNDS: All purchases are final and all fees paid are non-refundable, even if your account is later terminated by Music Splasher. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Music Splasher reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes a Basic (free) account and Music Splasher may disable access to or delete any content to comply with Basic account limits. Your account and its content may be deleted if your subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the Music Splasher Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Music Splasher Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Music Splasher Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Music Splasher may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Music Splasher determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Music Splasher's reputation and goodwill. If Music Splasher deletes your account for the foregoing reasons, you may not re-register for the Music Splasher Service. Music Splasher may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Music Splasher will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Music Splasher shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; Exploits minors; Depicts unlawful acts or extreme violence; Depicts animal cruelty or extreme violence towards animals; Promotes fraudulent or dubious business schemes; or Violates any law. All videos you submit must also comply with the Music Splasher Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the Music Splasher Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person; Harass or stalk any other person; Harm or exploit minors; Distribute "spam"; Collect information about others; or Advertise or solicit others to purchase any product or service within the Music Splasher Site (unless you are an official Music Splasher partner or advertiser and have a written agreement with Music Splasher). Music Splasher has the right, but not the obligation, to monitor all conduct on and content submitted to the Music Splasher Service.
9. Licenses Granted by You
LICENSE TO MUSIC SPLASHER: As between you and Music Splasher, you own the video content ("videos") that you submit to the Music Splasher Service. By submitting a video, you grant Music Splasher and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Music Splasher Service; (ii) displaying the video on third party websites and applications through a video embed or Music Splasher's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Music Splasher Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LIVE STREAMS: For the purposes hereof, a "video" includes a live stream and you are deemed to have "submitted" a video when you live stream any content using the Music Splasher Service, regardless of whether a permanent copy is created.
LICENSE TO OTHER USERS: You further grant all users of the Music Splasher Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Music Splasher Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Music Splasher has no control over such caching.
9.2 Non-video Content
As between you and Music Splasher, you own all non-video content that you submit to the Music Splasher Service. You grant Music Splasher and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the Music Splasher Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Music Splasher on improving or adding new features to the Music Splasher Service, Music Splasher shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Music Splasher and grant the licenses set forth above; (ii) Music Splasher will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Music Splasher and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Music Splasher Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Music Splasher violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
Music Splasher respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at email@example.com.
Music Splasher reserves the right to modify the Music Splasher Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Music Splasher Service. Music Splasher has no obligation to screen or monitor any content and does not guarantee that any content available on the Music Splasher Service complies with this Agreement or is suitable for all users.
Music Splasher provides the Music Splasher Service on an "as is" and "as available" basis. You therefore use the Music Splasher Service at your own risk. Music Splasher expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Music Splasher makes no representations or warranties:
That the Music Splasher Service will be permitted in your jurisdiction; That the Music Splasher Service will be uninterrupted or error-free; Concerning any content submitted by any member; Concerning any third party's use of content that you submit; That any content you submit will be made available on the Music Splasher Service or will be stored by Music Splasher; That the Music Splasher Service will meet your business or professional needs; That Music Splasher will continue to support any particular feature of the Music Splasher Service; or Concerning sites and resources outside of the Music Splasher Service, even if linked to from the Music Splasher Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Music Splasher Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) Music Splasher shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Music Splasher's total liability to you shall not exceed the amounts paid by you to Music Splasher over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Music Splasher Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Music Splasher is not the primary producer of the visual content contained in the Music Splasher Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Music Splasher Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Music Splasher and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Music Splasher in exercising any right hereunder will waive any further exercise of that right. Music Splasher's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Music Splasher's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Music Splasher electronically. Music Splasher may provide all such communications by email or by posting them on the Music Splasher Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Music Splasher at legal[at]Music Splasher[dot]com or the following address:
Music Splasher. 555 West 42th Street, 33j, New York, New York 10011 Attention: Legal Department
Nothing herein shall limit Music Splasher's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Music Splasher on the Music Splasher Site or a written amendment signed by an authorized representative of Music Splasher. A revised Terms of Service will be effective as of the date it is posted on the Music Splasher Site.
END OF DOCUMENT. Have a nice day.
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