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Ursa Services Terms of Use

These Terms of Use (“TOU”) apply to each user of the music based community application or services linking these TOU (collectively “Service”) provided by Ursa (“Company,” “we,” “us,” or “our”).

The availability or integration of the Service through a social networking site, website, or application store does not indicate any relationship or affiliation between us and those other parties.

Your use of this Service is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.

By accessing this Service, you agree that you have read, understand and agree to be legally bound by the TOU set forth below. If you do not agree to be bound by these TOU, do not access this Service. These TOU may be modified by us at any time. You can review the most current version of these Terms of Use at any time on our https://www.ursamusic.com/terms-of-use/ website. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these Terms of Use.

1. License. Company grants you a revocable limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Service. In utilizing the Service, you are responsible for ensuring compliance with any applicable terms and conditions of the Service as well as those third party services, including social network sites that are integrated into the Service. As between Company and you, title, ownership rights, and intellectual property rights in and to the Service and any derivatives or modifications thereof, in whole or in part, remain with Company. You understand that Company may modify or discontinue the Service or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Service except in Company’s sole discretion. You do not acquire any right, title or interest in any content on the Service by virtue of accessing the Service or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Service is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Service are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Service and any unauthorized reproduction, retransmission or other use of any part of the Service may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.

Usage of lyrics is limited to your personal, noncommercial use in accordance with the terms of this TOU. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the lyrics so provided. You agree that you are not granted any so-called “karaoke” or “sing-along” rights to lyrics and you shall not seek to or remove any vocal track from a sound recording that shall be associated with a lyric provided to you. You agree not to assign, transfer or transmit any lyrics to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the lyrics from any unauthorized usage.

2. Privacy. Any information you provide during use of the Service is governed by the Privacy Policy located at https://www.ursamusic.com/privacy-policy/. You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.

3. Limitations. In connection with his or her use of the Service, you will not, and will not allow any third party to:

a) Post or link to any material that contains :

b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Service;

c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Service or any content contained therein;

d) Use the Service in any manner that could damage, disable, overburden, or impair the Service, Company, the applicable social networking site, or any other person or entity; or

e) Collect any information (including usernames and/or email addresses) about other users of the Service; create or transmit unwanted electronic communications to other users of the Service; or otherwise interfere with such users’ enjoyment of the Service.

Unless otherwise expressly authorized in these TOU or on the Service, you may not take any action to interfere with the Service or any other user’s use of the Service. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Service without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

You agree not to use the Service for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Service.

4. User Content. User Content on this Service is usually music related, including songs, videos, commentary, and merchandise. By posting or submitting any music, lyrics, text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with an Service, you grant to Company, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

You represent and warrant that: (a)You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Service; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Service.

You are solely responsible for the User Content that you post, store or upload through or in connection with the Service, including any material or information that you transmit to other users or post on Facebook. Company does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Service; however, Company reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Service at any time and for any reason without notice. Without limiting the foregoing, Company may remove any User Content for any reason including content that in the sole judgment of Company violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.

5. Digital Millennium Copyright Act (“DMCA”) Notice.
We are committed to complying with U.S. copyright and related laws, and we require all users of the Service to comply with these laws. Accordingly, you may not disseminate any material or content using the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Service if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:

By mail:
Ursa DMCA Agent
Ursa
8 Sound Shore Drive
Greenwich, CT 06830

By phone: (413) 424-6363
By email: dmca@ursamusic.com

If you believe that content that you or a third party owns has been used via the Service in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:

6. Limitation on Liability; Disclaimers. THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE SERVICE AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE SERVICE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR SERVICE CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICE. IN NO EVENT SHALL COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICE OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.

7. Indemnity. You agree that you will defend , indemnify and hold harmless Company, its parent, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Service of violation of these TOU, including without limitation (i) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Service, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Service caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.

8. Links to Other Sites. The Service may contain links to websites operated by or on behalf of Company, and your use of all such websites are subject to the applicable policies of those websites. The Service, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at is or her own risk.

9. Termination. This TOU is effective until terminated by us or you. We shall have the right to terminate this TOU including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this TOU. You may terminate this TOU at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this TOU for any reason, you shall immediately cease using the Service.

Upon termination for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 10 (General), together with any licenses granted to Company hereunder, will survive.

10. General.

Governing Law and Venue for Disputes.

This TOU, and your relationship with us under this TOU, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this TOU shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).

No Class Actions.

You agree to resolve any disputes related to this TOU as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this TOU.

You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this TOU:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Severability.

If any provision in this TOU is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this TOU shall remain in effect.

No Assignment, Sublicense or Transfer.

You may not assign, sublicense, or transfer this TOU or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this TOU.

Entire Agreement.

This TOU sets forth the entire understanding and agreement between the parties relating to its subject matter. Any waiver of or promise not to enforce any right under this TOU shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

Questions: Should you have any questions regarding these TOU you may contact us at support@ursamusic.com

This Terms of Use was last updated on October 9th, 2018.