1. INTRODUCTION
1.1 These Website Terms of Use (Website Terms) are between Musiah Ltd, a limited liability company with registered address in the capital city of Hamilton, Bermuda (Musiah, we, us, our, our company), and the users (Users, you) of the website located at www.musiah.com (the Musiah Website).
1.2 As these Website Terms govern the use of the Musiah Website, it is important for you to familiarise yourself with its contents (which may change from time to time).
1.3 If you have any questions regarding these Website Terms please contact us to discuss them before you begin or continue to use the Musiah Website. Our contact details are set out below (see under "Contact Us").
1.4 By using or continuing to use the Musiah Website you acknowledge and agree that you have read and understood these Website Terms and agree to be bound by them. If you do not agree to be bound by these Website Terms, please do not use the Musiah Website.
2. WHAT YOU CAN AND CANNOT DO ON THE MUSIAH WEBSITE
2.1 You may access and use the Musiah Website to:
(a) inform yourself of and make enquiries about our company, products and services;
(b) upload materials from time to time and with our permission as part of your interaction with the Musiah Website, provided that you comply with these Website Terms in doing so;
(c) order any of our products, provided that you also agree to any terms and conditions that may apply in relation to the supply of those products;
(d) subscribe to our services, provided that you also agree to any terms and conditions that may apply in relation to those services; and
2.2 In accessing and using the Musiah Website, you must not:
(a) upload any content to the Musiah Website that you do not have the rights (including intellectual property rights), licences or consents to;
(b) breach any law, regulation, rule, code or other legal obligation that applies or that may apply to you or your conduct; or
(c) engage in conduct that:
(i) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of any privacy laws;
(ii) brings Musiah or the Musiah Website into disrepute; or
(iii) infringes the rights (including intellectual property rights) of any person.
3. LINKING/CROSS PROMOTION
3.1 From time to time the Musiah Website may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor, approve, sanction or countenance any such content (whether or not user generated) or any such websites linked to the Musiah Website.
3.2 If you wish to link to the Musiah Website, you must first contact us (see under "Contact Us") with the following information:
(a) the URL of the website that you seek to establish the link from;
(b) a brief description of that website; and
(c) the reason that you wish to establish a link.
3.3 We will let you know if we consent to you linking to the Musiah Website. If we do agree, you must comply with any terms and conditions imposed by us as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact us and provide a new description for your website.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 In these Website Terms, the expression intellectual property rights means any and all rights in respect of or comprised in any inventions (including patent), copyright (including future copyright and rights in the nature of or analogous to copyright), design, trade mark, eligible layout or similar right whether conferred by statute or borne of common law, and rights to protect trade secrets, know how or confidential information, throughout the world, whether such rights are afforded protection by a system of registration or not, and includes all rights to apply for registration of such rights where applicable.
4.2 You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate part or whole of the Musiah Website (including any audio files) to any third party without our prior written consent.
4.3 You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any part or whole of the Musiah Website (including any audio files) and hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes".
4.4 By uploading or otherwise submitting material to the Musiah Website, you agree that you are providing Musiah with a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (including the Musiah Website) and to use such material for Musiah's purposes, which may include the further promotion of the Musiah Website or our products and services. You also irrevocably consent to any breach of any moral rights you may have in such material.
4.5 The word mark "Musiah" and the Musiah® logo are trade marks of Musiah or its associated entities. You agree not to use any trade marks of Musiah or its associated entities (and any other trade marks that are substantially identical or deceptively similar to Musiah's trade marks) for your use without first obtaining the written permission of Musiah to do so.
4.6 All rights (including all intellectual property rights) in any text, photographs, artwork, graphics, videos, icons, images, illustrations, character designs, story, software, teaching syllabus, teaching method, music compositions and/or arrangements and recordings including recordings of dialogue and sound effects featured or contained on the Musiah Website are the property of Musiah or its related entities.
4.7 The Musiah™ software is the subject of pending patents PCT Patent Application No. PCT/AU2010/000057 and International PCT Patent Application published as pamphlet WO2010/083563.
4.8 Any and all other rights not specifically and expressly mentioned in these Website Terms are reserved, and no license, permission or right of access or use not granted expressly in these Website Terms is to be implied.
5. LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITIES
5.1 The information and content of the Musiah Website is subject to change without notice to you and may not necessarily be up-to-date or accurate at the time you view it. You acknowledge and agree that we retain complete editorial control over the Musiah Website and may alter, amend or cease the operation of the Musiah Website at any time in our sole discretion. If you need to rely on any information or content from the Musiah Website, you should make enquiries with us directly to ensure the currency of that information or content. Musiah otherwise cannot and does not give any warranty about the accuracy, completeness or suitability of the information or content made available to you through the Musiah Website.
5.2 Musiah is not obliged to operate the Musiah Website on a continuous basis and the Musiah Website may be unavailable from time to time, including for maintenance purposes or due to acts of God or other force majeure events, including the inability to obtain or shortage or failure of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
5.3 Musiah is not responsible for any damage caused by computer viruses, trojans, malware or any other malicious code that is transferred, downloaded or stored onto your computer equipment as a result of your interactions with the Musiah Website.
5.4 Musiah's liability under these Website Terms is limited to any direct loss experienced by you as a result of not being able to access the Musiah Website and includes any liability which cannot be excluded by law. However, in such instances, where Musiah is found to be liable, you accept that Musiah's liability, at its option, is limited to:
(a) if the liability is in relation to a product of Musiah - replacement of the product or supply of an equivalent product; and
(b) if the liability is in relation to a service provided by Musiah - resupply of the service or supply of an equivalent service.
5.5 To the extent permitted by law, you indemnify and hold harmless Musiah from and against any loss, damages or costs (including legal costs on an indemnity basis) suffered or incurred by, or any claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against Musiah as a result of any breach of these Website Terms by you or by another person using your account. You remain responsible for keeping your account details and passwords secret and confidential.
6. GENERAL
6.1 These Website Terms are governed by the laws of Bermuda and the parties irrevocably submit to the non-exclusive jurisdiction of the Bermudian courts and any courts of appeal from them.
7. CONTACT US
7.1 If you have any questions, queries or concerns with the Musiah Website, would like to lodge a concern about your privacy, or would otherwise like to contact us in general, please send your enquiry via our contact form.
8. PRIVACY
8.1 At Musiah, we are concerned about your privacy issues. For details, you can view our privacy poilicy.
END
For Terms & Conditions regarding use of the Musiah software click here.
