Muzo End User Agreement

the ultimate music collection

Definitions and Interpretation

In this Agreement, words and phrases shall have the meanings ascribed to them as below unless the context requires otherwise.

  • “Agreement” means this agreement and the schedules as amended from time to time.
  • “Service” means the music service operated from KVH Media Group Entertainment Ltd’s premises under the Muzo brand.
  • “Muzo” is a brand and trading name owned by KVH Media Group Entertainment Limited a company incorporated in England under company number 4004291 the registered office of which is at 2a Queen Street, Leeds, LS1 2TW.
  • “Software” means the software supplied by Muzo to enable the site to use the Service. “Player” means the equipment supplied by Muzo to enable the site to use the Service.

1. Contract Information

By ticking the ‘I Agree’ box or pressing the ‘I Accept? button when creating a Muzo account, you confirm that you are 18 years of age or more, that any registration information that you have submitted to Muzo is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement.

Muzo may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you, but it’s your responsibility to check this agreement for any updates.

2. Free Trial

This offer is made to you by Muzo on the basis that you have previously not accepted a free Muzo trial.
The 14 day free trial entitles you to register one site to access the Service for a period of 14 days.
The trial will commence from the moment that you download the Software by clicking on the link sent to your specified e-mail address and will automatically terminate after 14 days.

At any point during your 14 day free trial you can subscribe to the Service by following the link in the confirmation e-mail, logging in to your account and going into the payments section, where you will be able to Add a site, choose your product and submit your payment details.

Muzo reserves the right, at its absolute discretion, to withdraw or modify this 14 day free trial and/or Trial Terms and Conditions at any time without prior notice and with no liability.

3. Payment

By submitting your payment details you accept and consent to us using them in accordance with our Privacy Policy in Clause 10 and we will process them through a secure payment system.

Muzo reserves the right to change the price of the Service from time to time. All such changes will be notified to you in writing and will only take effect after the initial fixed term you signed up for.

Your continued use of the Service after receipt of the notification will constitute your acceptance of these changes. If you do not wish to be bound by such price changes, you may terminate your subscription after your current Agreement term expires by giving 90 days prior written notice.
If your payment details change it is your responsibility to notify us of such changes by updating your account and payment details..

4. Refund Policy

Refunds will be at the discretion of the management.

5. Term and Termination

This Agreement will commence on the date of initial payment for the Service and will continue in force, subject to the terms in this Agreement for an initial fixed term of 12 months, after which time it will continue until terminated by either you or Muzo, giving to the other not less than 90 days notice.

All terminations should be submitted in writing; verbal terminations cannot be accepted.

Muzo reserves the right to terminate this Agreement or suspend your account at any time in case of non-payment or unauthorised, or suspected unauthorised use of the Software, the Service or the Player as detailed in section 7 of this Agreement.

If Muzo terminates this Agreement or suspends your Muzo account for any of the reasons set out in this section, Muzo shall have no liability or responsibility to you and Muzo will not refund any amounts that you have previously paid. Any refund will only be given at the sole discretion of Muzo management.

6. Technology limitations and modifications

Muzo will make reasonable efforts to keep the Software and the Service operational.

However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Muzo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Software and the Service with or without notice.

7. The App

You are required to have the most recent mobile version of the Software on your device in order to use the Service. The Software will only be available via the Apple Store. Only handsets that are supported by Muzo may be used to access the Service and you agree that Muzo has no obligation to support any particular make or model of handset, whether or not such make or model is currently, or was previously supported by Muzo.

8. The Player

Muzo grants to the customer a non-exclusive, non-transferable license for the duration of this Agreement to use the Software for the purposes of receiving the Service, and for no other purposes.

The Customer shall not: use, adapt, reverse engineer or disassemble the Player, create any derivative work based thereon or merge or include the Software with or in any other software save as provided for by applicable national laws and as expressly provided for in this Agreement or sub-license, lease or rent the Software.

Muzo shall from time to time, and at its sole discretion supply upgrades, patches or new versions of the Software for the Player in order to correct errors in, or enhance the functionality of the Software. Such upgrades, patches and new versions will be automatically supplied to the Player, therefore, does not require any involvement from the Customer.

The customer is responsible for providing a working broadband network connection point to ensure the continuation of the Service as this is how the unit receives updates.

Muzo shall be responsible for the delivery of the Player, but installation will be the responsibility of the Customer and will be carried out by using the support materials provided with the equipment, on the website and through the Muzo service line.

Muzo will warrant the Player for a period of 12 months following the commencement date. The customer shall maintain the Player to a high standard by ensuring it is stored in a clean, cool and dry place to prevent damage. This warranty is void if any of the following occur:

  • Anyone other than an authorized Muzo engineer attempts the repair or modification of any of the Players provided unless authorised by Muzo engineer
  • Accidental damage through lack of day-to-day care of equipment and/or awareness of potential hazards
  • Reasonable care is not taken to keep equipment and its immediate area clean
  • The Player is damaged by fire or flood, vandalism by a third party or failure attributable to power surges at site.

9. The PC Download

Muzo shall from time to time, and at its sole discretion supply upgrades, patches or new versions of the Software in order to correct errors in, or enhance the functionality of the Software. The customer will be notified of such upgrades, patches and new versions.

10. Licensing

Although Muzo is fully licensed by the following bodies to be able to provide the Muzo service, these are different to performance licenses, which allows the customer to play music in a public place and the customer is solely responsible for. Muzo cannot accept any responsibility for performance license arrangements – these are not included in the fee. All requisite licenses and authority can be obtained from:

  • Performing Rights Society Limited (PRS),

    Licensing Dept,

    29-33 Berners Street,

    London,

    W1P 4AA.

    T: 0800 068 4828.

    W: mcps-prs-alliance.co.uk
  • Phonographic Performance Limited (PPL),

    1 Upper James Street,

    London,

    W1F 9DE.

    T: 0207 534 1000.

    F: 0207 534 1111.

    E: info@ppluk.com

    B: http://www.ppluk.com

11. Privacy Policy

This privacy policy sets out how Muzo uses and protects any information that you give us when you use our website. Muzo is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Personal information

When you sign up for a Muzo account, we will ask you for certain personal information such as your name, address, contact information including email address, company name, company address and telephone number.

In addition, when you use the Software, we will automatically receive information about your use of the application, service and website, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.

We will use this information to provide the products and services that you have purchased or requested, to communicate with you concerning your account and customer service issues, to personalise and improve the Software, to ensure the technical functioning of our products and services, to develop new products and services.

Security

We take a number of steps to keep your personal information secure from unauthorised access. We ask you to use a unique and strong password and not to share this information with anyone. In addition, we use encrypted transmissions to limit access to the systems that store your personal information.

You can access and update some of the personal information we keep on you through your Muzo account by sending a request to info@muzo.uk.com. We will respond to your request upon verification of your identity within a reasonable period of time, and to the maximum extent practical.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Contacting you

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@muzo.uk.com

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 2a Queen Street, Leeds, LS1 2TW.

Muzo may change this policy from time to time by updating the Privacy Policy page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st November 2011.

12. Intellectual Property

Muzo respects intellectual property rights and expects you to do the same. Please note, therefore, that the Software, the Service and the content provided through the Service is the property of Muzo and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the Software or the Service (including but not limited to its content) in any manner not covered by the Agreement.

13. Restrictions of Use

For the avoidance of doubt, you agree that you may not (without limitation):

  • Copy, reproduce, ‘rip’, record or use any part of the Software or the Service or its content in an unauthorised way.
  • Provide your password to any other person or use any other person’s user name and password.
  • Use the Software or the Service in a way that violates the terms of this Agreement.
  • Circumvent any territorial restrictions applied by Muzo.

14. Customer Support

If you have any questions concerning the Software, the Service or this Agreement, please contact Muzo customer services on 0113 233 7816 or info@simplymuzo.com