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Terms and Conditions of use

1. INTRODUCTION

Thank you for choosing Amuse (“Amuse”, “we”, “us”, “our”). By signing up to or otherwise using the Amuse platform, app, service, websites, and software applications (together, the “Amuse Service” or “Service”), you are entering into a binding contract with Amuseio AB, registration no. 559036-7016, having its registered address at Sankt Eriksgatan 63, 112 34 Stockholm, Sweden.

Your agreement with us includes these Terms and Conditions of Use (“Terms of Use”), our Copyright Policy, our Privacy Policy, and relevant supplemental terms (“Supplemental Terms”) that apply to your interaction with each specific service listed in Section 3 below (collectively the “Agreements”). Please read these documents carefully. If you wish to review the Agreements, the effective version of the Agreements can be found here. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements that apply to the services with which you interact, then you may not access or use the Amuse Service.

In order to access and use the Amuse Service, you need to (1) be of legal age in your country and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. 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. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and bind the entity to the Agreements, and that you agree to the Agreements on the entity’s behalf.

2. CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

3. THE AMUSE SERVICES

Amuse is continually improving its existing Service, as well as developing new services to meet the needs of its users. By using or accessing any of the Services offered by Amuse, you agree to the Supplemental Terms that govern your use of and access to the relevant Service.

Supplemental Terms for Amuse distribution services. If you access Amuse’s digital distribution services, you must review and agree to the Music Distribution Agreement.

4. YOUR AMUSE ACCOUNT

In order to access certain features of the Service, you must create and/or sign into a user account (“Amuse Account”) of your own. Use of another’s account is not permitted. When creating your account, you must provide accurate and complete information.

You are solely responsible for the activity that occurs in your Amuse Account. You are also responsible for maintaining the security of your account password, as well as the passwords of any third party services that you may have elected to link to your account.

You are solely responsible for the activity that occurs in your Amuse Account. You are also responsible for maintaining the security of your account password, as well as the passwords of any third party services that you may have elected to link to your account.

Please review our Privacy Policy page for information regarding security, confidentiality, and what we do with the data you provide us.

5. THIRD PARTY APPLICATIONS

The Amuse Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available the Service to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Amuse does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

6. YOUR USE OF THE AMUSE SERVICE

The Amuse Service may be used and accessed solely for lawful purposes. You agree to abide by all applicable laws and regulations in connection with your use of the Service. You agree and warrant that you will not use the Amuse Service to transmit, distribute, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

Your Amuse Account shall be used solely by you and may not be transferred or shared with any third-party. You acknowledge that you are exclusively responsible for all usage or activity on your Amuse Account. You shall immediately notify Amuse of any breach of security or unauthorized use of your Amuse account. Any fraudulent, abusive, or otherwise illegal account activity shall constitute a basis to terminate your account. You agree to indemnify Amuse against any liability and costs arising from such improper use of your Amuse Account.

Moreover, you agree not to:
– Distribute, alter or modify any part of or parts of the Service;
– circumvent any technology used by Amuse, its licensors, or any third party to protect the Service or any content on the Service;
– sell, rent, sublicense or lease any part of the Service;
–provide your password to any other person or using any other person’s username and password;
–“crawl” the Service or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from Amuse;
–include any malicious content such as malware, Trojan horses, or viruses.

Moreover, you agree that you will comply with all of the other provisions of the Agreements, at all times during your use of the Service.

You agree that Amuse may terminate your Amuse Account if you violate the Agreements or, if Amuse believes, in Amuse’s good faith discretion, that you are infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.

You agree that you are solely responsible for (and that Amuse has no responsibility to you or to any third party for) any breach of your obligations under the Agreements and for the consequences (including any loss or damage which Amuse may suffer) of any such breach.

7. INFRINGEMENT AND REPORTING OF CONTENT

Amuse respects the rights of intellectual property owners. If you believe that any content on the Service infringes your intellectual property rights or other rights, see Amuse’s copyright policy. If Amuse is notified by a copyright holder that any content infringes a copyright, Amuse may in its absolute discretion take actions without prior notification to the provider of that content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Amuse with a request to restore the removed content.

If you believe that any content infringes any other intellectual property rights or does not comply with these Terms of Use, please contact Customer Support.

8. OUR INTELLECTUAL PROPERTY

The Amuse Service and all related technology, data, tools, and design etc. is the property of Amuse or its licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Amuse Service.

The Amuse trademarks, service marks, trade names, logos, domain names, and any other features of the Amuse brand are the sole property of Amuse or its licensors. The Agreements do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.

We value hearing from our users, and are always interested in learning about ways we can improve the Service. If you choose to submit comments, ideas or feedback (“Feedback”), you agree that we are free to use them without any restriction or compensation to you.

9. SERVICE LIMITATIONS AND MODIFICATIONS

Amuse will make reasonable efforts to keep the Amuse Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Amuse reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Amuse Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Amuse Service or any function or feature thereof.

10. TERM AND TERMINATION

Amuse may terminate the Agreements or suspend your access to the Amuse Service at any time, including in the event of your actual or suspected unauthorised use of the Amuse Service and/or any content, or non-compliance with the Agreements. You may terminate your Amuse Account at any time by submitting a termination request to Customer Support.

Any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

11. WARRANTY AND DISCLAIMER

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE AMUSE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AMUSE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMUSE MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. LIMITATION of liability

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE AMUSE SERVICE IS TO UNINSTALL ANY AMUSE SOFTWARE AND TO STOP USING THE AMUSE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMUSE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE AMUSE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AMUSE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AMUSE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN $1,000 (one-thousand USD), TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Amuse’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

13. ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and Amuse, the Agreements constitute all the terms and conditions agreed upon between you and Amuse and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

14. SEVERABILITY AND WAIVER

Unless as otherwise stated in the Agreements, should any provision of the Agreements 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 Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Amuse to enforce the Agreements or any provision thereof shall not waive Amuse’s or the applicable third party beneficiary’s right to do so.

15. ASSIGNMENT

Amuse may assign the Agreements or any part of them, and Amuse may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

16. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold Amuse harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any content submitted by you to the Service; (3) any activity in which you engage on or through the Amuse Service; and (4) your violation of any law or the rights of a third party.

17. CHOICE OF LAW AND DISPUTE VENUE

The Agreements shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.

Any dispute or claim arising out of or in connection with the Agreements, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.

18. WARRANTIES AGAINST APPLE INC.

The parties to this agreement, we and the you, hereby clarifies the following in relation to Apple Inc. (“Apple”):

– That we and you are the only parties to this Agreement;
– That we are responsible for the Service, the Amuse app and all content therein. We carry all responsibility for the maintenance, support and service of the Service or any technical equipment used to enable the provision of these. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party.
– That all demands or claims arising directly or indirectly from the use of the Service and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims, if these are directed against Apple.
– That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on the Service or infringements of any third party’s intellectual property rights caused by use of the Service.
– You guarantee and ensure that you are not located in a country subject to an embargo issued by the US government, or has been designated by the US as a “terrorist supporting” country and that you are not on any of the US government’s list of prohibited or restricted parties.
– That these Terms of Use creates rights for Apple to apply these Terms of Use directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of Use will not give any third-party rights to any other natural or legal person.

19. CONTACT US

If you have any questions concerning the Amuse Service or the Agreements, please contact our Customer Support.

Thank you for reading our Terms of Use. We hope you enjoy Amuse!