Welcome to Nuzic (website: nuzic.org), a service provided by Maumusic SLU (“Maumusic”, “we” “our”, or “us”), a company incorporated in Spain – Barcelona.
Nuzic is a collaborative educational platform for music research and education.
Registered users of the Service may submit, upload and post audio, text, photos, pictures, graphics, comments, music compositions and other content, data or information, which will be stored at the direction of such registered users.]
These Terms of Use (“Terms of Use”) govern your use of the Nuzic services, including all associated features and functionalities, websites, mobile and desktop applications and all related tools, applications, data, software, APIs as well as all other content and services associated with the Nuzic services (the “Service”).
By signing up or otherwise accessing or using any parts of the Service you are entering into a binding agreement with us.
Your agreement with us includes these Terms of Use, together with our Copyright Policy and any additional terms that you agree to from time to time, other than terms with any third parties (collectively, the “Agreement”). If you wish to read the terms of the Agreement, the current effective version can be found on our website, www.nuzic.org (the “Website”).
You acknowledge that you have read and understood the Agreement, and agree to be bound by it. If you do not agree with (or cannot comply with) the Agreement, then you may not use the Service or any parts thereof.
Other than as stated in this section or as explicitly agreed upon in writing between you and us, this Agreement together with and any additional terms you agree to from time to time, constitute the entire agreement between you and us with respect to your use of the Service and supersede any prior agreement with respect to the same subject matter.
We reserve the right to change, alter, replace or otherwise modify the Agreement, including these Terms of Use, at any time.
When we make any material changes to the Agreement, including these Terms of Use, we will provide you with notice as we deem appropriate under the circumstances, for example by updating the date of last modification and posting to the Website, displaying a prominent notice on the Website, within the Service and/or by sending an email to the email address registered in your account. In some cases we will notify you in advance, and your continued use of the Service after the changes have taken effect will constitute your acceptance of the revised Agreement. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate the Agreement as described in the “Term and termination” section below.
Any modifications to the Agreement (other than by us as permitted by this section) are prohibited unless made in writing between you and us.
In order to use the Service, you need to be at least 14 (fourteen) years old, have the power to enter into a binding contract with us and not be prevented from doing so under any applicable laws. If according to the applicable laws you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you.
If you are a parent or legal guardian permitting a person who is under 14 years of age create a account and/or use the site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of their account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
When you register to use the Service, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid at all times. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
The email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.
You are solely responsible for maintaining the confidentiality and security of your username and password.
If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your account, you must notify us immediately in writing, and change your password as soon as possible.
As a registered user and subject to your strict compliance with the Agreement, we grant you a limited, personal, non-exclusive, revocable and non-transferable permission to: (i) submit, upload, record or post Content to the Service, which includes using the Sample Content described below, (ii) view, listen, collaborate, share and download Content that other users have uploaded and posted to the Service using the features of the Service and where the appropriate functionality has been enabled by the user who uploaded the Content (“Uploader”), and (iii) participate in the community areas and communicate and collaborate with other members of the community.
As a registered user, the Service provides you access to certain pre-recorded sample content including audio files, loops and beats, instruments and other sounds, sound settings, graphics, images and similar assets (“Sample Content”). The Sample Content is proprietary to Maumusic and/or its licensors, and is protected by applicable intellectual property laws, including but not limited to copyright. Unless otherwise is provided, you may use all Sample Content included in the Service on a royalty-free basis to create your own original Content. The Service may also provide you access from time to time to complete musical or other audio works and compositions (“Demo Projects”). These Demo Projects serve as inspiration and education and you may use them according to the license indicated from time to time.
All Nuzic trademarks, service marks, trade names, logos, domain names, and any other features of the Maumusic brand are the sole property of Maumusic or our licensors. The Agreement does not grant you any permission to use any Nuzic or Maumusic brand features whether for commercial or non-commercial use.
Third party software (for example, open source software libraries) included in the Service are made available to you under the relevant third party license terms as published and described time after time.
We respect the rights of others and expect you to do the same. We have established a few ground rules for you to follow when using the Service to make sure Nuzic.org stays enjoyable for everyone. You must follow the rules in this section (“User Guidelines”) at all times and should encourage other users to do the same.
The following is NOT ALLOWED for any reason whatsoever:
employing or making use of any techniques or services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Service, or to misrepresent your activity on the Service. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
When using the Service, you are also NOT ALLOWED to upload, post, store, transmit, display, copy, distribute, promote Content or otherwise engage in any activity which, in our reasonable opinion, includes information or material that:
You agree to comply with the above User Guidelines, and acknowledge and agree that violation, or if we reasonably suspect violation, of these User Guidelines may result in immediate suspension or termination of your account or such other action that we see fit, including taking court action and/or reporting offending users to, and cooperating with, relevant authorities.
Any and all Content that you upload, store, transmit, submit, exchange or make available to or via the Service («Your Content») is generated, owned and controlled solely by you, and not by us.
We do not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Under no circumstances should you upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your account, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
You hereby represent and warrant that Your Content, and each and every part thereof, is an original work by you, and/or you have obtained and will maintain all rights, licenses, consents, waivers, clearances, or approvals required from any collecting society (including STIM, ASCAP, BMI, SESAC, PRS, PPL etc.), record label, publisher or any other party in order for us to lawfully use Your Content pursuant to the Agreement, including the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content on, through or via the Service.
You hereby represent and warrant that Your Content and the availability thereof on the Service does not and will not infringe or violate the rights of any third party, including any copyright or other intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
You agree that, when you upload Your Content on the Nuzic.org website or on related services (including mobile apps), Your Content is immediately licensed under a Creative Commons Attribution – Share Alike 4.0 International license. The text of the mentioned license is available at this address [https://creativecommons.org/licenses/by-sa/4.0/legalcode] you hereby declare that you have read it and fully understand its legal implications.
The mentioned Creative Commons license will govern the use of Your Content by both us and other users.
This choice cannot be changed. If at some point you decide that Your Content should no longer be released under the aforementioned license, the only thing you can do is remove Your Content from Nuzic. However, this will not give you the guarantee that other users have already downloaded and distributed Your Content elsewhere, as permitted by the license itself.
You hereby acknowledge and agree that the Service (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of such Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Service.
You hereby acknowledge and agree that we do not have the obligation to review any of Your Content that is created or uploaded by you and neither we, nor our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation, and do not undertake or assume any duty, to monitor the Service for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of the Agreement or applicable law.
We, our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content (including Your Content) uploaded to the Service by our users.
We reserve the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of the Agreement, or is otherwise unacceptable in our reasonable opinion.
Please also note that individual Uploaders have control over the Content that they store in their account from time to time, and may remove any or all Content without notice. You have no right of continued access to any particular item of Content.
We respect the rights of intellectual property owners. If you believe that any Content on the Service infringes your copyright, see our copyright information pages. If we are notified by a copyright holder, using the process provided on the copyright information pages, that any Content infringes a copyright, we may in our sole discretion remove such Content from the Service, or take other steps that we deem appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to us with a request to restore the removed content, which we may or may not honor, in our sole discretion.
You hereby agree to indemnify, defend and hold harmless Maumusic, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from or related to:
(i) your breach of the Agreement or applicable law;
(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the uploading or hosting of Your Content on the Service.
WHILE WE USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICE.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHER MANDATORY RIGHTS AFFORDED TO YOU BY APPLICABLE LAW.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL AND TO STOP USING THE SERVICE.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE NOTIFIED TO US AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US, AND THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Nothing in this Agreement limits or excludes our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, and if required by applicable law, gross negligence.
All personal data that you provide to us in connection with your use of the Service is collected, stored and used by us in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Service, so that we can continue to improve the services we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy section inside Privacy policy.
The Agreement will continue to apply until terminated by either you or us.
You may terminate the Agreement and/or cancel your subscription at any time by either (i) accessing the account page within your settings on the Website, or (ii) sending us a notice in writing to [email protected] or to C/ Bruc 46,1º2ª 08010 Barcelona confirming such termination or cancellation.
We may terminate the Agreement, or suspend and remove your access to the Service or any part thereof, temporarily or permanently, at any time including in the event your actual or suspected unauthorized use of the Service and/or Content, non-compliance with the Agreement or if we withdraw the Service (in which case we shall provide you with reasonable notice in advance of doing so).
In particular, we may terminate the Agreement, or suspend and remove your account and access to the Service if (i) you are, or are deemed to be, infringing any third party intellectual property or other rights; (ii) you are in breach of any of the material provision of the Agreement; (iii) we elect in our own discretion to cease providing access to the Service in the jurisdiction where you reside or from where you are attempting to access the Service, or (iv) in other reasonable circumstances as determined by us in our sole discretion.
If the Agreement is terminated by you or us, or if we suspend and remove your account and access to the Service in accordance with the Agreement, before the end of your subscription period, you agree that we shall have no liability or responsibility to you and we will not offer any refund for any unused period of your subscription.
Once the Agreement has been terminated, your account and any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), may be irretrievably deleted by us, except to the extent that we are obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any Content that you have uploaded to your account before terminating the Agreement.
If you access the Service via any of our applications or via any third party application connected to your account, deleting that application will not automatically delete your account.
Sections 3, 5, 6, 7, 11, 12, 15, 16, 17 and any other provisions of the Agreement, including these Terms of Use, which by their nature must remain in effect after termination of the Agreement, shall survive termination.
We may assign the Agreement, and any of our rights under the Agreement, in whole or in part, and we may delegate any of our obligations under the Agreement, to any third party at any time without notice, including to any person or entity acquiring all or substantially all of the assets or business of Maumusic. You may not assign the Agreement, or any rights and obligations under the Agreement, nor transfer or sub-license any rights hereunder to any third party.
Unless otherwise stated in the Agreement, should one or more provisions of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the fullest extent permitted by law.
Any failure by us to enforce the Agreement or any provision thereof shall not constitute a waiver of our right to do so.
As used in these Terms of Use, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation”.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Spain, without regard to choice or conflicts of law principles.
Further, you agree to the jurisdiction of the courts of Barcelona (Spain) to resolve any dispute, claim, or controversy that arises in connection with the Agreement (and any non-contractual disputes/claims arising out of or in connection with them).
This page clarifies and summarizes how the intellectual property of the Nuzic.org project and related contents is understood and managed.
𑇐 website in general and «sistem»
The architecture of the Nuzic.org website, its contents (text, images, videos, music), the concept of the site, the organization of the contents, the underlying database, are original work and are intellectual property of Maumusic S.L.U, except where expressly specified.
They are released to the public under the Creative Commons Attribution – Share Alike 4.0 International [https://creativecommons.org/licenses/by-sa/4.0/] license. Please read the license before making use of these works and doing any derivation and extraction activities.
𑇐 software and mobile app
The architecture and source code of the Nuzic app and the Nuzic.org website’s engine are original work and are intellectual property of Maumusic S.L.U, except where expressly specified.
They are released to the public under the GNU GPL v3 [https://www.gnu.org/licenses/gpl-3.0.html] license.
For the source code you can consult the Github profile of the project.
𑇐 content created / uploaded by contributors (community)
The Nusic.org site allows users to register, log in and interact actively by uploading original works. The works uploaded by contributors on the site or created by them directly on the site are intellectual property of the contributor (as long as they are original and sufficiently creative). Maumusic S.L.U does not claim any intellectual property rights on the works of contributors. However, contributors accept that when they upload their works to the Nuzic.org site, they are licensed under a Creative Commons Attribution – Share Alike 4.0 International license.
𑇐 trademarks
Nuzic and Maumusic are trademarks of Maumusic S.L.U. The use of these trademarks is prohibited without the prior authorization of Maumusic S.L.U, unless their use is simply to call up the website and the Nuzic project.
Any trademarks mentioned on the site belong to their respective owners and are mentioned solely for descriptive, educational or explanatory purposes.
