ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT WWW.MUSEHUB.COM (“Site”) OR ANY OF THE CONTENT AVAILABLE VIA THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("Agreement").
1. Contracting Parties. The Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by Musescore Limited. Musescore Limited is referred to in these terms and conditions as "we", "us", "our" or “Muse Sounds”.
2. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and the Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Muse Sounds, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under Cyprus or local law). Save as expressly set out in this Agreement, the Site and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense. Muse Sounds will not be responsible if a Product does not fit your particular intended purpose.
3. The Muse Sounds Service. Muse Sounds is an online service (“Service”) that allows you to browse and download pre-recorded sounds, sound effects, loops and samples (“Sound Files”), and software files (“Software Files”). Together, the Sound Files and Software Files, and all accompanying downloadable documentation (“Documentation”), are the “Products”.
4. License for Download and Use of Products. By purchasing a Product (and subject to your compliance with this Agreement), Muse Sounds grants to you (and only you) a non-exclusive, non-sublicensable, non-transferrable license to download and use the Products you download from Muse Sounds PROVIDED ALWAYS that you use the download Sound File(s) only within your own newly-created sound recording(s) and/or performances in a manner that renders the Sound File(s) substantially dissimilar to the original sound of the Sound File in each case. The Products are the property of Muse Sounds and are licensed to you only for use as part of a live or recorded musical performance. You may not use these sounds for any commercial or non-commercial purpose except where you have combined them with other sounds within one or more musical composition(s) and/or recording(s). This license expressly forbids resale or other distribution of the Products or their derivatives, either as they exist in the library, reformatted for use in another sampler, or mixed, combined, filtered, re-synthesized or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples, sound sets, programs or patches in a sampler, microchip, computer or any sample playback device or in any audio library. You may not sell any Product(s), or give away any Product(s) for use by any other person(s). Products may not be used in or in relation to any competitive products that are sold or relicensed to any third parties. Except as expressly permitted herein, to the fullest extent of applicable law you may not copy, modify, distribute, sell or lease any Product, and you may not reverse engineer or attempt to extract the source code of any Product.
5. No Resale of Products. For the avoidance of doubt, you are granted a personal non-transferable license to use the Products solely for your own personal use. Products are for use only as described hereunder and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. The license granted to you is effective only from the date you download, install or use the Product(s) (whichever is earliest) and such license will remain in force until terminated by Muse Sounds as a result of any breach by you of this Agreement.
6. Ownership. Ownership of, and title to, the Products (and all digitally recorded sounds and/or copies therein) is held by Muse Sounds. Copies are provided to you solely to enable you to exercise your rights hereunder. When you download any Product(s), you are granted a limited license for use (and not ownership) of Product(s). Except as expressly authorized in this Agreement, you may not rent, lease, sell, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any Product(s) or Documentation (or part or element thereof).
7. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Muse Sounds if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Product(s) and destroy all copies, full or partial, of the Product(s).
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MUSE SOUNDS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MUSE SOUNDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
9. Warranties. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL MUSE SOUNDS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MUSE SOUNDS MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
10. Copyright. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via support@musehub.com
11. Trademarks. The brands, products and service names used in the Site and the Content (including without limitation, "Musescore” and “Muse Sounds”) are trademarks or trade names of Muse Sounds or our affiliates unless otherwise stated.
12. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with any of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Content or otherwise attempts to defraud Muse Sounds or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
13. No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
14. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Products licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
15. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
16. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
17. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or Services constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.
18. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
19. Contacting Us. If you have any questions, please contact us via support@musehub.com