Terms and Conditions
THIS IS A LEGAL AGREEMENT. BY CLICKING THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING MUSICINCITE LIMITED emuso SOFTWARE, SUPPORT OR PRODUCTS, YOU ARE BECOMING A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
1.1. “MI Ltd” or “We” or “Us” means Musicincite Limited, having its principal place of business at MusicIncite, Ltd., 276 Ewell Road, Surbiton, Surrey, KT6 7AG, CO. No. 08651718.
1.2. “Customer” or “You” means the individual specified in the purchase Confirmation who is at least 16 years old. For the avoidance of doubt, a Customer is a natural person and not a corporation, company, partnership or association or other entity or organization.
[1.3 PADDLE means Paddle Limited, our chosen payment processing partner. ]
2.1. THIS AGREEMENT is made by and between MusicIncite, Ltd. (“We”, “MusicIncite” or the “Company”), and You (“You”, “Licensee”, “Beta User” or the “User”).
2.2. The terms “Software”, “the software”, “Product”, “the product”, “emuso” are defined as the emuso application included in the package downloaded for installation of the application. The term “associated content” is defined as videos and other material that are all included in the package downloaded for installation alongside emuso. The term “emuso bundle” is defined as the contents of the downloaded package provided by MI Ltd for the installation of emuso and associated content. The term “this website” is defined as emuso.buzz.
2.3. “Agreement” means this emuso user Agreement.
2.4 The term “Service” or “Services” is defined as the combination of emuso, associated content, CLOUD-BASED SERVICES, the entirety of the emuso.buzz website, including blogs, videos, interactive content intended for use within emuso, user guides, and related material.
2.5. For the avoidance of doubt, none of the Service is produced to the specifications of the Customer nor is the emuso bundle customized through modification or personalization pre-distribution. The emuso bundle is solely intended for mass distribution via digital download.
2.6. “Client” or “machine” means a computer device used by the Customer for running emuso after successful license activation.
2.7. “Product Version” means a release, update, or upgrade of a particular emuso bundle that is not identified by MI Ltd. as being made for the purpose of fixing software bugs.
2.8. “Bug Fix Update” for a particular Product Version means a software update provided in a particular emuso bundle (possibly excluding associated content) that is specifically identified by MI Ltd. as a bug fix for that Product Version.
2.9. SOFTWARE LICENSE MEANS INFORMATION RESERVED FOR YOUR SPECIFIC USAGE, ASSOCIATED WITH THE MACHINE YOU INSTALL THE SOFTWARE ON. YOU ARE SUPPLIED, ON CONFIRMATION OF PURCHASE OF THE SOFTWARE, WITH THE DETAILS REQUIRED TO ACTIVATE THE SOFTWARE LICENSE ON YOUR CHOSEN MACHINE, THE FIRST TIME YOU RUN THE SOFTWARE AFTER INSTALLATION.
3. GRANT OF RIGHTS
3.1. Subject to the terms and conditions specified herein, Musicincite Limited grants You a non-exclusive and non-transferable right to use the software as follows:
3.2. You may:
3.2.1 Install and use the software on any client that natively executes any operating system supported by the Product.
3.2.2 ACTIVATE AND DEACTIVATE YOUR SOFTWARE LICENSE A MAXIMUM OF 3 TIMES. THEREAFTER THE LICENSE SHALL EXPIRE AND THE SOFTWARE CAN NO LONGER BE USED WITHOUT PURCHASING A NEW SOFTWARE LICENSE.
3.3. You may not:
3.3.1. Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell or transfer the Product, or associated content.
3.3.2. Provide access to the Product or associated content or Your emuso Account or right to use the Product to a third party, NOR TRANSFER YOUR SOFTWARE LICENSE, ACQUIRED AT THE TIME OF LICENSE, TO ANY THIRD PARTY.
3.3.3. Reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product.
3.3.4. Remove or obscure any proprietary or other notices contained in the Product.
3.3.5. Use MI Ltd, trademarks or logos on 3rd Party Sites as Sales Channels, Advertising or Promotion, without written consent by MI, Ltd.
3.4. The Customer acknowledges that no ownership right is conveyed to You, irrespective of the use of terms such as “purchase” or “sale.” MI Ltd has and retains all rights, title and interest, including all intellectual property rights, in and to the Service, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.5. MusicIncite shall send you an email whose contents disclose confidential details of how to download the Software and how to login to the emuso.buzz website (“Access Details”) together with your personal access licence code. You undertake not to disclose these details to any other party.
4. GENERAL TERMS AND CONDITIONS
NOW, THEREFORE, in consideration, both parties here will agree on the following:
4.1. MusicIncite reserves the right to modify the Software, without notice, at any time, and without liability to Licensee.
4.2. MusicIncite grants to Licensee, a non-transferable license to use the Software on a single computer at Licensee’s business or home location. No additional copies are allowed (for example, the Software must not get copied during a business’s backup processes)
4.2.1. Licensee agrees not to copy or disclose in any form whatsoever any of the contents of the Access Email.
4.3. In consideration of feedback and usability input, a Licensee will receive ongoing updates to the Software. With the availability of the first general release, emuso V1.0, the Licensee, will be upgraded to version 1.0, with all intermediate ‘point’ releases inclusive, prior to release 2.0.
4.3.1. Customers who buy a licence for emuso after the release of (non-beta) version 1.0, will receive a licence for version 1.0 and all subsequent “point releases” of version 1. A point release is one which does not result in a new version number, for example, version 1.1 or version 1.9.3. A new user buying emuso at version 2.1 would also receive all point releases of version 2 software going forward. Upgrades from earlier versions of the software will be available to existing users at a reduced cost.
4.4. Licensee agrees that the Service is the sole property of MusicIncite and includes valuable trade secrets of MusicIncite. Without the express written authorization of MusicIncite, Licensee agrees to not :
4.4.1. Copy, sell or market any components of the Service to any third party; or
4.4.2. Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof;
4.5. The Service is released to the public as ‘version 1.0’ standard. This refers to the fact that the software may yet contain limited errors and as such is provided ‘as is’ – without warranty (see section 14 and 15). The entire risk arising from use, or performance of the software is the sole responsibility of the licensee.
4.6. MusicIncite will not be liable for any damage whatsoever arising out of the use of or inability to use the Service.
4.7. This License Agreement shall be governed, construed and enforced in accordance with the laws of the United Kingdom. Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
4.8. You may provide Musicincite Ltd with ideas, opinions, recommendations, feedback, or advice (collectively, “Feedback”) in connection with your use of the Service. If you submit Feedback to Musicincite Ltd, you hereby grant Musicincite Ltd an irrevocable, perpetual, transferable, non-exclusive, fully paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that Musicincite Ltd deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into the Service or any subsequent technology, product or service created by MI Ltd). From time to time, MusicIncite, Ltd. or a third party engaged by MusicIncite may request feedback and other information from You about such topics as the Products or Your experiences with the Products (“Feedback”). Providing MusicIncite with Feedback is optional. By providing Feedback to MusicIncite, You grant MusicIncite a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub-licensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by MusicIncite in its sole discretion. MusicIncite may also use the Feedback in anonymous and aggregate reviews.
4.9. MusicIncite reserves the right to update these terms and conditions without prior notice. You agree that we may notify you of the Updated Terms by posting them on our website and that Licensee’s use of the Software after the effective date of the Updated Terms constitutes Licensee’s agreement to the Updated Terms.
4.10. YOU ARE RESPONSIBLE FOR ENSURING YOUR DETAILS PROVIDED DURING THE EMUO BUY PROCESS (via https://emuso.buzz/buy-emuso-studio) ARE ACCURATE (ESPECIALLY EMAIL ADDRESS). FAILURE TO PROVIDE THE CORRECT EMAIL ADDRESS WILL RESULT IN NO EMAILS ARRIVING FROM OUR DISTRIBUTOR, PADDLE.COM. THESE EMAILS CONTAIN THE EMUSO DOWNLOAD LINK AND LICENSE ACTIVATION CODE, AS WELL AS YOUR INVOICE. Should a mistake be made, the buy process will appear to hang for several minutes. If such a mistake is made, contact firstname.lastname@example.org and provide us with the incorrect email address used, as well as the correct email address. We will then investigate, and provide the missing details provided our database shows the transaction completed based on that incorrect email address.
4.11. Emuso Licence Activation requires Internet Access. Following on from successful licence activation, the software uses the association of the validated licence to ensure use in line with these Terms and Conditions. Each time emuso is used, it will seek to validate the currency of the associated licence using the internet. You may use emuso where there is no internet access although there is a limit to how many times this may be done and this is currently set to 15 times. After 15 such sessions, the software will warn that it requires it’s licence to be validated and that you should connect to the internet and restart the software to facilitate this. There are a total of five warnings issued in this way before the software will become disabled due to the inability to validate the emuso Licence.
4.12. LICENSE DEACTIVATION REQUIRES INTERNET ACCESS. AFTER SUCCESSFUL DEACTIVATION, THE SOFTWARE LICENSE IS NO LONGER KNOWN TO THE SOFTWARE ON THE MACHINE YOU USED FOR DEACTIVATION. YOU MAY, ACCORDING TO THE RIGHTS GRANTED BY 3.2.2, INSTALL A COPY OF THE SOFTWARE ON ANOTHER MACHINE, AND ACTIVATE THE LICENSE AGAIN, WITH THE SAME LICENSE DETAILS.
This policy tells you:
• what information we may collect about you
• how we may use that information
• your choices and options around the personal information you give us
• when we may use your details to contact you
• what information of yours we may share with others
This Policy covers the use of the Service.
Emuso software means the software offered for sale via the emuso.buzz website. The emuso.buzz website refers to the website (https://www.emuso.buzz) where emuso is offered for sale and which also hosts interactive content to be loaded and executed by the emuso software.
This policy, therefore, covers the browsing of the emuso.buzz website, purchases made via that website and the subsequent installation and use of emuso and the access to the emuso.buzz provided by the emuso software.
What’s not covered in this policy?
Our services sometimes link to services run by other companies, like when you share a link to our website via one of the social media platforms whose links are provided on our site. Those companies have their own privacy and cookies policies, so remember that the information you give them will follow their rules and not ours.
When purchasing emuso online via our site, when it comes time to make the payment, we use our payment services partner, Paddle, to handle this aspect of the transaction. This phase of the buying journey is covered by Paddle’s standard user terms and conditions.
5.3. How do you protect my personal information?
We’re strongly committed to keeping your information safe. And to do this we have designed our services with your privacy and safety in mind. We use HTTPS for all data exchanged between your machine and our website and store all user data in encrypted form.
At the same time, no service can be completely secure – if you have any concerns that your emuso Account or your personal information has been put at risk, for example, if someone could have found out your password, please get in touch right away by email to:
Where we store your information
Our services are provided from within the UK. Any information that you give to us is transmitted to us, and stored, in encrypted form.
5.4. What types of personal information does Musicincite Ltd. collect about me?
We’ll give details about why we need your personal information and how we’ll use it before you begin unless it’s obvious.
Information that you give us
i. Registering on our emuso.buzz website your subscription to receive our newsletter.
Our newsletter is designed to inform users and potential users of upcoming developments and enhancements, new products and features. If you elect to receive our newsletter, we will request your email address and your first and last name. We use this data to address you politely in providing your newsletter and the email address tells us where to send it to or provide you with a link to the newsletter. You do not need to buy emuso in order to receive the newsletter.
ii. Data Gathered During Purchasing a licence to use emuso.
Data we gather about you to support your purchase of emuso is as follows:-
• Your first and last name.
• Your phone number.
• Your email address.
• Which country you live in.
• Whether you used a promotional code and, if so, which that was.
We have designed our processes and procedures in line with ensuring that we use the minimum amount of personal data possible to deliver our services. First and last name is used to ensure that we address you politely and correctly, Your email address is a requirement so we can deliver your receipt, licence details along with installation and activation instructions to you.
When it comes time to make a payment, Paddle (our payment services partner) will collect your card details and take the payment. Please note that during this transaction, you will be subject to Paddle’s standard terms and conditions.
Paddle will notify us whether or not the payment was successful by sending us the following data about the purchase and you as a purchaser at the conclusion of the payment transaction:
• The (discounted) price paid for this emuso product
• Your full name
• Description of the product sold
• Your phone number
• Your email address
• 2 character country code
• Paddle’s transaction id for this purchase
• ‘Y’ means payment authorised. ‘C’ cancelled
• The time when the transaction occurred
• The amount authorised for payment
• The card type used
• The IP address that sent the payment
As an online internet business, UK law requires that we have at least two verifiable pieces of data that identify which country you are located in. This is why we ask for both your phone number and the country you live in. This allows us to satisfy requirements for accurately charging VAT (or sales tax) at the correct rate for where you live.
Please note that, by UK Law, we must keep these transaction details on file for a total period of six years for VAT tax audit purposes in the UK. Customer sales records kept for this purpose will be expunged or rendered anonymised after this period is elapsed.
iii. Completing a User Profile
As a company dedicated to music-teaching, MusicIncite Limited wants to ensure that its products are aimed squarely at the requirements of its users. We, therefore, ask users to voluntarily complete a short profile questionnaire. We will ask you for the following information so we can make sure that we are aligned with your musical aspirations and needs. The data we gather about you for this purpose is:-
What kind of musician are you? Select from: Student, Hobbyist, Semi-Pro, Professional, Teacher, Classroom Teacher.
Your age range:- choose the range which best fits.
The instrument(s) that you play (or are learning to play).
The music genre(s) that you play.
Music genre(s) that you would like to learn to play.
How you heard of us.
By gathering this data, we can plan and prioritise emuso lesson developments to address the musical aims and aspirations of our users. This data is intended to highlight which popular music genres we should develop lessons for, what level to pitch lessons at, and which instruments to focus on.
By telling us where you are located, we can see whereabouts in the world our users are in number and make decisions about the effectiveness, by region, of our marketing and advertising efforts. This will help us to keep emuso delivering what our users really need from us.
We recognise that you provide such data to us on a purely voluntary basis. We will not share any of the information you give us with other users or with anyone outside of MusicIncite Limited unless specifically requested to do so by an appropriate lawful authority. The user profile information will be kept for as long as you decide. You can view, alter or delete this brief profile information at any time by logging in to emuso.buzz and navigating to the profile page.
iv. Registering your interest in receiving marketing and user surveys from us
During your purchase of emuso on our site, you may elect (via a checkbox) to receive marketing and user surveys from us. This relies on us adding your first and last names together with your email address, that you gave us during the buying transaction, to a list of marketing information recipients. Unsubscribe at any time using the link in the marketing email and your details will be immediately expunged from this list and you will cease to receive these emails from us.
5. How long will Musicincite Limited keep my personal information?
i. Newsletter registration
If you have registered with us to receive the newsletter we send out occasionally, we will hold your delivery data until you unsubscribe by clicking the unsubscribe link at the bottom of the newsletter or related email. This will remove you (and any relevant data) from the distribution list and you will stop receiving the newsletter or related email with immediate effect.
ii. Purchasing an emuso licence
In the UK, by law, we must keep records of individual sales for 6 years from the date of sale for VAT tax audit purposes. After this time records will be either deleted from our systems or anonymised.
iii. Completing a User Profile
When you complete a user profile we will keep that data for as long as you want us to. You may amend or delete this data at any time by logging in to emuso.buzz from your browser, navigating to the User Profile on the website and choosing the option to amend or delete your profile data.
iv. Registering your interest in receiving marketing and user surveys from us
We will only include you in the list of marketing information recipients as long as you want to continue receiving these. At any time, you can terminate marketing communications from us by using the unsubscribe link at the bottom of the marketing information email. This removes your name and email address from the list of marketing recipients with immediate effect.
5.6. How can Musicincite Limited use my personal information?
By Law, now we have to have a valid reason to use your personal information. Since the advent of the European GDPR, this is referred to as the “lawful basis for processing”. Sometimes we might ask your permission to do things, like when you subscribe to an email. Sometimes, when you’d reasonably expect us to use your personal information, we don’t ask your permission, but only when:
• the law says it’s fine to use it, and
• it fits with the rights you have
Note: We will never use robots to make decisions about you personally.
We use the information you give us for the following purposes:
• to deliver our services and to provide you with information about them
• to deal with your requests, complaints and enquiries
• to send out user surveys and marketing information
• to check if you’re using emuso and to keep the licensing database accurate and up to date
• to understand what developments and improvements our users want to see from us
• for research and innovation
• to deliver our newsletter to subscribers
5.7. When will MusicIncite Ltd use my information to contact me?
We might contact you about things like:
• To update you on any changes to our policies, practices and Terms and Conditions
• If you are a subscriber, sending you our newsletter
• To answer you when you’ve contacted us, or to respond to a comment or complaint
• If you are a subscriber, to send you marketing emails and/or user surveys concerning your experiences with using emuso.
. Handling a password change request
We’ll only contact you when we need to or when you’ve given us permission.
We’ll never contact you to ask for your emuso account password. We’ll never contact you to ask about payment card details
5.8. Will I be contacted for marketing purposes?
We’ll only send you our Newsletter if you are a voluntary subscriber to the newsletter. This newsletter will advise of upcoming developments, new products or exciting new emuso lesson series as well as articles and content concerning the advanced uses of; or new features within, emuso along with occasional articles on aspects of music. You do not have to buy emuso in order to receive our newsletter.
When you purchase emuso via emuso.buzz, you will be asked (by clicking a checkbox) if you want to receive occasional marketing information from us which may from time to time, include a short survey asking how you are getting along with emuso. Simply put, we will use your answers to help us make improvements to our services.
Emuso is a brand new concept in music teaching and we are super-keen to ensure that users are getting the most out of the experience of using it. We are planning to launch versions of the emuso product for other platforms than PC, so we would like to let people know when new products and services are going to be available on tablet and phone platforms. We will only do that if you have given us permission.
5.9. When does MusicIncite Ltd share my personal information with others?
We’ll never sell your personal information. We do share it with others in these ways:
i. When you make something public on the emuso blog
• Like posting a comment to our blogging area which other users can see.
ii. Sometimes, by law, we may be compelled to pass on your information to other organisations
• We might share your information if we have to, by law, or potentially when we need to protect you or other people from harm.
5.10. Can I delete my information?
This depends on what information you’re talking about.
a. With respect to your emuso login account:
You can delete your account. Your account information is immediately deleted. Keep in mind:
- we keep a record of how you’ve used our services, but this information can’t be linked back to you,
- we also keep anything you’ve uploaded or commented on,
- you will no longer be able to log-in via emuso to access interactive content or the blog.
b. What about other information you’ve shared with us?
We might have collected other personal information that you might ask to be deleted that has nothing to do with your emuso login account.
i) For instance, the data you gave us when signing up for our periodic newsletter.
Simply click on the unsubscribe link at the footer of the email to remove your data from our newsletter recipient list and stop receiving the newsletter with immediate effect.
ii) Your User profile information.
You may amend or delete this data at any time by logging in to emuso.buzz from your browser, navigating to the User Profile on the website and choosing the option to amend or delete your profile data
iii) Details we hold to send out marketing information or user surveys
Simply click on the unsubscribe link at the footer of the email to remove your data from our Marketing recipient list and stop receiving our marketing communications with immediate effect.
5.12. What are my rights?
Remember, you are in control of your personal information.
You have the right to:
• request a copy of your information. This is called the right of access. This right allows you to ask for full details of the personal information we hold on you. You’ll need to contact us (at email@example.com) explaining the details of what you want. When we get back to you, we might need some identification to verify that you are who you say you are before sending you your data.
• not let robots make decisions about you personally
• to ask us to correct information that’s wrong, to delete it or to request that we only use it for certain purposes
• to change your mind and ask us to stop using your information. For example, unsubscribing from our newsletter or marketing emails.
Please note that sometimes we may not be able to help. For example, if the law tells us we can’t.
In addition, first-party cookies are used to give a picture of user behaviour in reaction to various changes we make from time to time to the emuso.buzz website. The data gathered by this means is anonymous and is used in aggregate form by MI Ltd to improve the service to our users.
First-party cookies are set to expire on logging out of emuso.
Third-party cookies are cookies issued by sites other than emuso.buzz, while you are visiting emuso.buzz. For example, our site uses a code provided by Google Analytics, and as you visit a page on emuso.buzz that contains this code, Google Analytics issues a cookie to your browser. Such cookies expiration is controlled by such third party providers.
5.13.2. What Cookies do we use and why?
• Strictly necessary
‘Strictly Necessary’ cookies let you move around the Website and use essential features like secure areas. Without these cookies, we cannot provide the requested services. ‘Strictly necessary’ cookies are ‘first party’ cookies and are issued by MI ltd. We use these Strictly Necessary cookies to:
• Identify you as being logged in to our Website and to authenticate you
• Make sure you connect to the right service on our Website when we make any changes to the way the Website works
• For security purposes
Accepting these cookies is a condition of using the Website as intended, so if you prevent these cookies we can’t vouch for or guarantee how our Website or the security on our Website will perform during your visit.
‘Performance’ cookies collect information about how you use our Website e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and are only used to help us improve how our Website works, understand what interests our users and measure the effectiveness of our advertising. We use performance cookies to:
• Carry out web analytics: Provide statistics on how our Website is used
• Obtain data on the number of users of the Website that have viewed a product
• Help us improve the Website by measuring any errors that occur
• Test design changes to the emuso.buzz Website
• Some performance cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above.
• By using our Website, or expressing your consent as otherwise required by applicable law, you accept the use of ‘Performance’ cookies. If you prevent cookies, we cannot guarantee how our Website will perform for you.
‘Targeting’ cookies are used to track your visit to our Website and other websites, including the pages you have visited and the links you have followed, which allows third parties to display targeted ads to you on the websites you visit. We and our third-party service providers use Targeting cookies to:
• Link to social networks, like Facebook, that may subsequently use information about your visit to our website in order to provide advertising or other offers that may be of interest to you when you visit other websites.
• Provide third parties with information on your visit so that they can present you with advertisements or other offers that may be of interest to you.
If you are in the EU, you may opt-out of certain third-party cookies that we and other websites may use for targeting through http://www.youronlinechoices.eu or www.aboutads.info.
Opting out of one or more ad networks only means that those particular members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our website or other third party websites.
If your browser is configured to reject cookies when you visit one of the above referenced opt-out pages, and you later erase your cookies, use a different computer or use a new browser, your preference may no longer be active.
Since all of these cookies are managed by third parties, you should refer to the third parties’ own website privacy notifications and policies for further information (see below for more information about the particular targeting cookies used on our Website).
Users in the United States may opt-out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance («DAA») Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having the information used by DAA companies. You may also go to the Network Advertising Initiative («NAI») Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having the information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
• Useful information about cookies can be found at:
• A guide to behavioural advertising and online privacy has been produced by the internet advertising industry which can be found at: http://www.youronlinechoices.eu/
5.13.4. Do not track
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking by disabling cookies in your browser. However, by doing so we cannot guarantee the correct behaviour of the services we provide to you.
5.13.5. Logging on to the emuso.buzz website
MI Ltd identifies individual user sessions on the emuso.buzz web site using cookies which are temporarily stored in your browser. This allows MI Ltd to present your information in the context of a session which is personalised to you, the user.
Users may continue to browse the emuso.buzz site but will enjoy public access only when cookies have previously been disabled. When disabled, it is impossible to purchase emuso from emuso.buzz or receive licensing and download information.
5.13.6. Blocking Cookies
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including ‘strictly necessary’ cookies), you may not be able to access all or parts of our site.
5.13.7. Visitor tracking on the emuso.buzz website
5.13.8. Third-party Cookie Usage
Other cookies may be stored to your computer’s hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may persist longer. No personal information is ever stored or collected.
5.13.9. How will I find out about changes to this policy?
We update this policy sometimes. If we make important changes, like how we use your personal information, we’ll let you know. We will let you know either by our newsletter or a notice appearing in emuso, or an announcement on the emuso.buzz website or via our marketing emails or by a combination of these means.
If you don’t agree to the announced changes, then you can always stop using our services, terminate your account and stop giving us any more personal information. We’ll be very sorry to lose you.
6. How can I contact Musicincite Ltd?
• By email: firstname.lastname@example.org
• By post: Musicincite Limited, 276, Ewell Road, Surbiton, Surrey KT6 7AG, United Kingdom.
We’re regulated by the Information Commissioner’s Office. You can also contact them for advice and support.
7. CONTACT & COMMUNICATION
Your personal information is kept private and stored securely, in encrypted form, until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998 and as applicable under the EU GDPR regulation.
emuso.buzz and its owners use any information submitted to provide you with further information about the products/services they offer or to assist you in answering any questions or queries you may have submitted.
This includes asking for your details to subscribe you to our email newsletter program that we operate via our website. You may decline this offer without affecting your use of the emuso software. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details will not be passed on to any third party.
8. EMUSO NEWSLETTER
emuso.buzz operates an email newsletter program, used to inform subscribers about upcoming developments, products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so at their own discretion.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998 and the EU GDPR. No personal details are passed on to third parties. Under the Data Protection Act 1998, you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of your information held by MI Ltd, please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no means a comprehensive list]. This information is used to refine future email campaigns and supply the user with more relevant content based on their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to unsubscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to alternatively un-subscribe will be provided.
9. EXTERNAL LINKS
Although this website only seeks to include high quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text/banner/image links to other websites)
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should, therefore, note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
10. ADVERTS AND SPONSORED LINKS
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, who may have detailed privacy policies relating directly to the adverts they serve.
11. SOCIAL MEDIA PLATFORMS
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are governed by the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate/engage upon them with due care and caution in regard to their own privacy and personal details. Neither this website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact MI Ltd through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from our web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
12. SHORTENED LINKS IN SOCIAL MEDIA
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default, some social media platforms shorten lengthy URLs [web addresses] (this is an example: http://bit.ly/zyVUBo).
Users are advised to take caution and use good judgement before clicking any shortened URLs published on social media platforms by this website and its owners. Despite reasonable efforts to ensure only genuine URLs are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Resources & Further Information:
Data Protection Act of 1998
Privacy and Electronic Communications Regulations 2003
Privacy and Electronic Communications Regulations 2003 – The Guide
13. LIMITED WARRANTY
THE SOFTWARE PRODUCT IS SUPPLIED TO YOU AS BETA LEVEL SOFTWARE ON AN ‘AS AVAILABLE’ AND ‘AS IS’ BASIS AND WITHOUT WARRANTIES.
USE OF THE SOFTWARE IS AT YOUR OWN RISK. MI Ltd. MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MI Ltd., AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. MI Ltd. (AND ITS AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) DOES NOT WARRANT THAT THE SOFTWARE IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS; THAT THE SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
14. DISCLAIMER OF DAMAGES
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MI Ltd. (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR MI Ltd. LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO OUR PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT, OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14.2. OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID OR PAYABLE BY YOU FOR THE PRODUCT PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. ACCESS TO PRODUCTS
15.1. You must register for an emuso Account and have Internet access in order to access or receive Products or to make blog contributions. Any registration information that You provide to Us via Your emuso Account must be accurate, current and complete. You must also update Your information so that We may send notices, statements and other information to You by email or through Your emuso Account. You are responsible for all actions taken through Your account.
15.2. You may use Your emuso Account credentials in the Product so that We can verify Your rights to use the Product online. You acknowledge and agree that the Product will periodically connect to emuso servers to update this information including changes to Your emuso Account credentials. Over time, We expect that the number of services provided, which rely on these credentials, will increase.
15.3. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access Your emuso Account and to receive any deliveries. For the avoidance of doubt, You are responsible for Product download and installation.
Customer shall pay in accordance with the MI Ltd Terms of Purchase or the reseller’s terms of purchase, whichever is applicable. The emuso price shall be paid in full, and any levies, duties and/or taxes imposed by Customer’s jurisdiction (including, but not limited to, value-added tax, sales tax and withholding tax) shall be borne solely by Customer. Customer may not deduct any amounts from fees payable to MI Ltd or the reseller unless otherwise specified in the applicable terms of purchase. The Product will not be available for download until the price has been paid to MI Ltd (or third party re-seller) and received in full (including any applicable sales tax).
You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if You submit Feedback to us, then You grant Us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. From time to time, MusicIncite, Ltd. or a third party engaged by MusicIncite may request feedback and other information from You about such topics as the Products or Your experiences with the Products (“Feedback”). Providing MusicIncite with Feedback is optional. By providing Feedback to MusicIncite, You grant MusicIncite a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub-licensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by MusicIncite in its sole discretion. MusicIncite may also use the Feedback in anonymous and aggregate reviews.
18. EXPORT REGULATIONS
Customer shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). The customer declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Customer warrants that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use software for any end-use prohibited or restricted by Sanctions.
19.1. ENTIRE AGREEMENT
This Agreement, including Third-Party Software license terms, constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between You and MI Ltd regarding Your use of any MI Ltd software.
19.3. CHANGES TO THIS AGREEMENT
We may update or modify this Agreement from time to time, including any referenced policies and other documents. You will be notified that a change has occurred and your continued use of the service indicates your acceptance to such changes.
If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
19.6. NO WAIVER
Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
19.7. GOVERNING LAW
For the avoidance of doubt, this Agreement will be governed by the laws of the United Kingdom (UK) and Customer agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the UK. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
19.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.
19.9. Notice. MI Ltd may deliver any notice to the Customer via electronic mail to an email address provided by Customer and/or emuso Account. Any such notice will be deemed to be effective (i) on the day the notice is sent to Customer via email, (ii) upon being uploaded to Your emuso Account (irrespective of when the Customer actually receives it).
20. CHILDREN AND MINORS
If You are under 18 years old, then by entering into this Agreement you explicitly stipulate, that:
– (i) You have the legal capacity to conclude this Agreement or that you have valid consent from a parent or legal guardian to do so and
21. USE OF THE EMUSO BLOG FACILITY.
The emuso Blog is open to all emuso account owners. Because emuso users include families with children and minors, we want to ensure that users do not post profanities, Political, Religious, or indeed any potentially offensive material. This site is purely intended for music-related content and we ask all our users to help us to keep it that way. For this reason, we moderate the blog which means at busy times it may take some time for your blog post to show up on the website.
If you have a blog post blocked by us it is because you have violated these guidelines. Persistent abuse of the blogging facility will result in a permanent ban from the blog being imposed upon the user concerned. We reserve the right to determine what may or may not be posted to our site via the blog, solely to ourselves. MI Ltd will not enter into dialogue or correspondence of any kind regarding our assessment of your posts on our blog. By posting items to the emuso.buzz blog, you acknowledge that you waive all rights to the content posted and that MI Ltd may make such use of blog content as it sees fit.
MI Ltd reserves the sole right to edit any or all content posted to our blog.
22. REFUND AND CANCELLATION POLICY
You acknowledge that, at the point when you download emuso software to your machine, you are aware that you waive your rights to cancel the transaction under the 14 day cooling-off period.
If you do not give your consent to waive the 14-day cooling-off period, then the 14-day cooling-off period still applies, but you will not be able to download your copy of emuso/studio or content until this period has ended.
If the software is faulty, then you should email us at email@example.com giving the details of your purchase from your payment receipt, the transaction id, date and time. Please also include as much descriptive detail as possible on the fault you are experiencing. It is particularly important that you identify your operating system and correct version number. Once we have been able to replicate and have assessed the problem, we will advise you when to expect a fix to be produced to address the issue. Note that only if we cannot fix your issue, will you be offered a refund.
Please be aware that you are buying emuso at the Version 1.0 stage of development and while the software has undergone considerable beta testing and is stable, it is likely to have some minor improvements remaining. If a bug occurs it should be reported to MI ltd via email at firstname.lastname@example.org. We will advise emuso-users when releases will be made available with fixes for these bugs.
In recognition of our launch of Version 1.0 of the emuso software, our (discounted) introductory purchase price includes all point releases from version 1.0 up to version 2.0. This special offer will come to an end once emuso version 2.0 is released.
v5.0 11th November 2018 MusicIncite, Ltd., 276 Ewell Road, Surbiton, Surrey, KT6 7AG. Co No: 08651718.