Terms of use

Тhis agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Last Updated: August 1, 2022.
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1. Acceptance of Terms of Use Agreement.
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments.
By creating a Musikian account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you) and Safety Tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be available on the website and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
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2. Eligibility.
You must be at least 5 years of age to create an account on musikian and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with musikian, you are not a convicted sex offender. you are not a person who is barred from using the Service under the laws of New Zealand or any other applicable jurisdiction; you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
If we have previously disabled your account for any violation of our terms and policies, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion and does not mean or imply that the previous disciplinary action was wrong or without cause.

3. Your Account.
In order to use musikian, you may sign in using your email, gmail and apple id login.  If you do so, you authorize us to access and use certain account information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of the login credentials you use to sign up for musikian, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

4. Modifying the Service and Termination.
musikian is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. musikian may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to compensation of any kind for any reason. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and musikian: Section 4, Section 5, and Sections 12 through 19.

5. Safety; Your Interactions with Other Members.
Though musikian strives to encourage a respectful and supportive member experience, it is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT MUSIKIAN DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. MUSIKIAN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.

6. Rights musikian Grants You.
musikian grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by musikian and permitted by this Agreement. Therefore, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without musikian’s prior written consent.
express or imply that any statements you make are endorsed by musikian.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service. upload viruses or other malicious code or otherwise compromise the security of the Service.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service. "frame" or "mirror" any part of the Service without musikian’s prior written authorization.
use meta tags or code or other devices containing any reference to musikian or the Service (or any trademark, trade name, service mark, logo or slogan of musikian) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so. use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent. use, access, or publish the musikian application programming interface without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

7. Rights you Grant musikian.
By creating an account, you grant to musikian a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). musikian's license to your Content shall be non-exclusive, except that musikian's license shall be exclusive with respect to derivative works created through use of the Service. For example, musikian would have an exclusive license to screenshots of the Service that include your Content. In addition, so that musikian can prevent the use of your Content outside of the Service, you authorize musikian to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other musikian members).
You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to musikian above.
You understand and agree that we may monitor or review any Content you post as part of Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Please be informed that musikian may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose
use the Service in order to damage musikian
spam, solicit money from or defraud any members.
impersonate any person or entity or post any images of another person without his or her permission.
bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic.
post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
use another member's account, share an account with another member, or maintain more than one account.
create another account if we have already terminated your account, unless you have our permission.
musikian reserves the right to investigate and/ or terminate your account if you have violated this Agreement, misused the Service or behaved in a way that Musikian regards as inappropriate or unlawful, including actions or communications that occur on or off the Service without any compensation.

9. Other Members' Content.
Although musikian reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and musikian cannot guarantee that all Content will comply with this Agreement.

10. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact our support personnel and provide them with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Company's Copyright Agent via email to info@musikian.com.
musikian will terminate the accounts of repeat infringers.

11. Disclaimers.
MUSIKIAN PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MUSIKIAN DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
MUSIKIAN TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

12. Third Party Services.
The Service promotions offered by third parties and links to other web sites or resources. musikian is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. musikian is not responsible or liable for such third parties' terms or actions.

13. Limitation of Liability.
We work hard to provide the best service we can and to specify clear guidelines for everyone who uses them. Our service, however, is provided "as is," and to the extent permissible by law, we make no guarantees that it always will be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTWILL MUSIKIAN, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BELIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL ORPUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TOACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS ORTHIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF MUSIKIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MUSIKIAN’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO MUSIKIAN FOR THE SERVICE. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We cannot predict when issues might arise with our service. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONSIN THIS SECTION MAY NOT APPLY TO YOU.

14. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for members residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our arbitration procedure. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or musikian elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against musikian.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDINGS. If you assert a claim against musikian outside of small claims court (and musikian does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in New Zealand. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. musikian does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.

15. Governing Law.
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of New Zealand, will apply to any disputes arising out of or relating to this Agreement or the Service.

16. Venue.
Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with musikian that for whatever reason are not submitted to arbitration will be litigated exclusively in New Zealand. You consent to the exercise of personal jurisdiction of courts in New Zealand and waive any claim that such courts constitute an inconvenient forum.

17. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless musikian, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

18. Feedback and unsolicited submissions
If you give us feedback our Service, you grant us the right to use that feedback for the purpose of improving our Services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas:  They will be treated as ‘user content’ in accordance with these terms of use; and they will be deemed to be non-confidential; and we will not be required to provide any acknowledgement of their source.

19. Entire Agreement; Other.
This Agreement, along with the Privacy Policy, Cookie Policy, (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and musikian regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your musikian account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Musikian in any manner.