End User License Agreement
Muserk provides the following type of Personal Sync license (referred to as “License Type”):
Personal Sync License – User receives unlimited usage rights for all global territories.
By licensing the Muserk track(s) through KineMaster, you signify that you have read, understand and agree to be bound by the End User License Agreement in effect at the time of sharing your content on YouTube ("License"). This License is subject to change without prior written notice at any time, in Muserk's sole discretion, and such changes shall apply to any Licenses made after such changes are posted. Therefore, you should review this License prior to each Project so you will understand the terms applicable to such transaction. If you do not agree to this License, do not use any of the Muserk track(s).
- The Muserk track(s): Refers to the music library provided within the KineMaster platform and all its affiliates and subsidaries.
- User, You, Your: Refers to any KineMaster customer that uses the Muserk track(s) provided within the KineMaster platform.
- Personal: Refers to any non-business individual content.
- The KineMaster platform: Refers to any app or software developed by KineMaster
b. License Grant
Muserk grants you the non-exclusive and non-transferable right to use the Muserk track(s) only in synchronization or timed-relation with your production (the “Project”) as edited within the KineMaster platform with ther terms listed below:
Scope: Web / Internet
Term: In Perpetuity
This License does not authorize or permit any use of the Muserk track(s) not expressly set forth herein or as specified by the License Type selected through the KineMaster platform, and does not include the right to distribute the Muserk track(s), to make, sell, or distribute audio phonorecords or downloadable audio-only digital files that use the Muserk track(s), in whole or in part, to alter the fundamental character of the Muserk track(s), to use the title of the Muserk track(s) or any simulation thereof as the title or subtitle of the Project or any other work, or to make any other use of the Muserk track(s) not expressly authorized hereunder. Muserk reserves all rights not expressly granted to you hereunder.
Representations and Warranties
Muserk represents and warrants that it is the original Copyright Owner of the Muserk track(s) and has the right to grant usage rights to use the Muserk track(s) and their underlying composition as specified by the License Type selected on the KineMaster platform, and to license such rights to the user, and, to the best of its knowledge, that such use of the Muserk track(s) shall not infringe upon any third party’s copyright.
EXCEPT AS SPECIFIED HEREIN, MUSERK MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE MUSERK TRACK(S), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT ANY SUPPLIED MEDIA IS ERROR-FREE. NOT WITHSTANDING THE FORGOING, MUSERK RESERVES THE RIGHT TO CLAIM AND MONETIZE THE SOUND RECORDING AND COMPOSITION WITHIN ANY CONTENT ID SYSTEM, INCLUDING BUT NOT LIMITED TO YOUTUBE.
- Muserk is not responsible for any User Content or any other third party content submitted to the KineMaster platform, whether made or caused by Users or by any of the software, equipment or programming associated with or utilized in the operation of the KineMaster platform.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE KINEMASTER PLATFORM OR MUSERK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE KINEMASTER PLATFORM OR MUSERK, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the KineMaster platform or Muserk, any User or any other person related to or resulting from use of the Muserk track(s), viewing, playing or downloading any materials on or from the KineMaster platform. The Muserk track(s) is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Muserk track(s).
Limitation on Liability
Not withstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by user to KineMaster for your use of the Muserk track(s), or under the License during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Muserk track(s) or under the License, even if we have been advised of the possibility of such damages. Those who choose to access the Muserk track(s) through the KineMaster platform, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
If there is any dispute between you and us about or involving the Muserk track(s) on the KineMaster platform, or under this Agreement or the License, by using Muserk track(s), you agree that the dispute exclusively shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The state and federal courts located in New York County, New York shall have exclusive jurisdiction for the resolution of any such dispute.
You agree to indemnify and hold Muserk, the KineMaster platform, and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) Your use of the Muserk track(s) (including the submission by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other User of the Muserk track(s)
If you have any questions or concerns about the End User License Agreement or if you need further assistance, you may contact our support department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.