TERMS AND CONDITIONS
These Terms and Conditions (“Terms or Agreement”) governs your use of BMusicTime’s services, website, mobile applications (such as apps downloaded from the Apple App Store or Google Play store) and our platforms, (“the Site”, “the Service”, “Services”, “Us”, “We,” "Our", "Company", "Website", “App”). BmusicTime.com is owned and operated by BmuiscTime, LLC. By visiting our Site or mobile applications, or signing up for any of our services, you engage in our Services (the “Service”, “Services”). By using our Services you signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms” or “Agreement"). These Terms and Conditions apply to all users of the Site, including browsers. You must be at least 13 years old or older to gain access to our website and its content. Users under the age of 18 must obtain permission of their parent or guardian prior to using the Services. As used herein, “You, “User” or "Users" means anyone who accesses or uses any of our Services.
You can review the most current version of the Terms at any time on this webpage. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on March 27, 2021.
Section 1 – Account Creation.
You need an account for most Services provided by the Company. You may choose to sign in using your Google or Facebook login. If you do so, you authorize us to access and use certain Facebook or Apple account information, including but not limited to your public Facebook or Apple profile. Alternatively, you may create an account using your email address. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by you or someone using your account with or without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.
Section 2 - Access to the Service.
2.1. The Service allows you to select songs from third-party streaming websites, sing along and create videos of yourself. This Service is intended solely for non-commercial uses. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service, including to download, install and use our mobile applications. We reserve the right to revoke this license and terminate your access to the Services for any reason or for no reason. In the event we terminate your access, You shall not be entitled to a refund or any other form of payment from us. Your use of the Service is conditioned upon your compliance with this Agreement and all applicable laws and regulations; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
Section 3 - Usage Rules.
You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings or messages.
When communicating directly with members of our team or other users, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your access to our services.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney's fees) arising from or relating to your breach.
Use of the Services requires an internet or data connection. The cost of the internet or data may vary and may be significantly higher when roaming internationally. These costs are solely your responsibility. All of these costs shall be borne by you.
Section 4 – Privacy and Protection of Personal Information.
Section 5 – Third Party Links.
Through your use of the Service, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
You may link to the Site, unless notified otherwise in writing by the Company. However, You may not frame the Site in a manner that may cause confusion to Our customers, nor may You interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
Section 6 – Intellectual Property.
The intellectual property, including but not limited to, the Application, the Website, text, graphics, photos, sounds, interactive features and other content available through our Services is the property of the Company and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Site, including without limitation all written and graphical content included in the Site, are owned by the Company. The BMusicTime logo, and any other marks used on the Site are trademarks of BmusicTime, LLC. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
You may elect to submit, add, create, post, or distribute certain content to the Services, including but not limited to, text, photos, videos, data, graphics, information and documentation, in connection with your use of or otherwise relating to the Service, whether in writing or orally (collectively, “User Submissions”). Additionally, the Services may allow you to create a recording of your performance and share it. You agree in consideration of your use of the Service that Company may use such User Submissions (including reproduce, distribute, perform and display), modify such User Submissions, and act on such User Submissions, in each case without owing any royalty or otherwise accounting to you, and you agree to not assert any right you may have in such Suggestion against Company or any party Company authorizes to act on the foregoing rights or any successor-in-interest to Company. You agree such rights may be exercised or further authorized anywhere in the world and will survive any termination of your account(s), the Service, or this Agreement. You acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission.
By submitting any User Submission on or through the Service, you: (a) acknowledge that you are publishing such User Submission and that you may be identified publicly by your User Name in association with such User Submission; (b) understand that whether or not such User Submission is published, We do not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity; (d) grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce and display the User Submission in connection with the Service. This license includes the right to use the User Submission for the promotion and advertising of the Service, making it available to other persons for the distribution or publication of such User Submission on other media and services, with no compensation paid to you with respect to the User Submission that you submit, post, transmit or otherwise make available through the Services; (e) hereby agree that We may place advertising and promotions on the Service or on, about, or in conjunction with your User Submission.
Section 7 – Digital Millennium Copyright Act (DMCA)
7.1 We respond to all DMCA notices alleging copyright infringement. Please keep in mind that we are not responsible for the content of third-party websites. All video content on the Service is hosted by YouTube, not by US. Since the videos are not hosted by Us, the most effective way of enforcing your intellectual property rights is to contact the host that is responsible for the content. The content will automatically be removed from the Service once the host removes that content. If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification by providing Us the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
- Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may submit this notice to BMusicTime, LLC at BMusicTime@gmail.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.
7.2 Counter-Notice. If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use the content you may send a counter-notice containing the following information to US:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Us, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Section 8 - Disclaimers; Limitations; Waivers of Liability.
8.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BMUSICTIME PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE BMUSICTIME PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE BMUSICTIME PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS.
8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 9 - Release.
You forever release, discharge, and covenant not to sue the BMusicTime Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the BMusicTime Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the BMusicTime Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 10 - Indemnification.
You agree at all times to indemnify, defend and hold harmless the BMusicTime Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or the consequences of any choices you make in reliance on or based on information on this site.
Section 11 - Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Florida, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Broward County, Florida. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Broward County, Florida under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 12 - Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 – Miscellaneous.
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically upon written notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. In the event that this agreement is terminated, you agree that any user that has purchased your Instructor Content prior to the termination shall be allowed continued access to that content. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement, the lack of signing, or the electronic signing, by the parties hereto to execute this Agreement. (h) We may unilaterally assign this Agreement or any of the rights, interests, or obligations hereunder without your consent.
Section 14 – Statute of Limitations.
Section 15 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 16 – Contact Information.
Questions about the Terms and Conditions should be sent to us at BMusicTime@gmail.com.