Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE/SOFTWARE (collectively, including all Content available
through the Musigy.com domain name, the "Musigy Website", or "Website"), YOU SIGNIFY YOUR ASSENT
TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF MUSIGY'S
PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.musigy.com/privacy, AND WHICH ARE INCORPORATED
HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Musigy
Website or Musigy Maker Software.
Use of Musigy Maker Software
Musigy Maker software, sometimes referred to as (the "Software") and accompanying documentation that are
made available by download from this Website or on physical media format are the copyrighted work of
Musigy, Inc. ("Musigy"). Use of the Software is governed by the terms of the end user license agreement
that accompanies or is included with such Software and is also referenced on this website. You will not
be able to download or install any software that is accompanied by or includes an end user license
agreement unless you agree to the terms of such end user license agreement. If you do not agree to such
terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise
attempt to discover the source code of the Software available on the Website.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE MUSIGY WEBSITE AND/OR SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, MUSIGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SOFTWARE AND YOUR USE THEREOF. MUSIGY
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR
THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE MUSIGY WEBSITE. MUSIGY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSIGY WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL MUSIGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE/SOFTWARE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSIGY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MUSIGY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless Musigy, its parent corporation, officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of
and access to the Musigy Website/Software; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This
defense and indemnification obligation will survive these Terms of Service and your use of the Musigy
Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13,
as the Musigy Website is not intended for children under 13. If you are under 13 years of age, then
please do not use the Musigy Website and/or Software — there are lots of other great web sites for you.
Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by Musigy without restriction.
General
You agree that: (i) the Musigy Website shall be deemed solely based in California; and (ii) the
Musigy Website shall be deemed a passive website that does not give rise to personal jurisdiction over
Musigy, either specific or general, in jurisdictions other than California. These Terms of Service shall
be governed by the internal substantive laws of the State of California, without respect to its conflict
of laws principles. Any claim or dispute between you and Musigy that arises in whole or in part from the
Musigy Website/Software shall be decided exclusively by a court of competent jurisdiction located in
California. These Terms of Service, together with the Privacy Policy at
http://www.musigy.com/privacy
and any other legal notices published by Musigy on the Website or by the Musigy Software, shall constitute
the entire agreement between you and Musigy concerning the Musigy Website/Software. If any provision of
these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and Musigy's failure to assert
any right or provision under these Terms of Service shall not constitute a waiver of such right or
provision. Musigy reserves the right to amend these Terms of Service at any time and without notice,
and it is your responsibility to review these Terms of Service for any changes. Your use of the Musigy
Website/Software following any amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND MUSIGY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE MUSIGY WEBSITE/SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Date Last Modified: These Terms of Use were last modified August 15, 2007.
Contact Information: Please contact Musigy with any questions or comments
about these Terms of Use using this contact form or by email support@musigy.com.