MB15 LLC dba MusicAppMaker.com
Terms and Conditions
These are the terms you agree to when you use MB15 LLC dba Music App Maker (MAM). They explain what’s allowed when using our Services, the rights you have as a user of our Services, and the rights of Music App Maker. These terms and conditions are a legal contract between you and MB15 LLC dba Music App Maker (MAM). It is important that you read this carefully. If there is anything you do not understand about this Agreement, please email email@example.com.
Eligibility, Registration and Account Security
Eligibility and Registration: This section describes the eligibility criteria we require from all of our users. When you register to use our Services, we need to make sure that you are able to legally contract with (MAM), for example, you are old enough and not a person, or in a country, subject to sanctions which (MAM) is prohibited from contracting with.
Changes to the Terms and Services
We always want to deliver the best to our customers and must comply with law. This means that we might, on occasion, need to make changes to our Services or this Agreement. Unless the change is required immediately for legal or security reasons, we will provide you with prior notice of the change and, if the change adversely impacts you, you will have a right to terminate the Services following the change.
Your License and Your Use of the Services
In exchange for the various rights (MAM) grants you under this Agreement, there are certain things we require from you and certain obligations and restrictions we need you to comply with. Most importantly, you need to sign up for a service plan to use our Services. Our plans have certain limitations you should be aware of that are further described in Our Services & Prices.
We also need to prohibit certain activities which could affect our other users or which are unlawful. You are required to use the Services in accordance with our Acceptable Use Policy.
We provide technical support by email, and billing support by phone.
Term and Automatic Renewal
Our service plans are all for a fixed period of time (e.g. 1 month, 12 months or 24 months) unless otherwise expressly provided. To ensure your Services are uninterrupted, these terms will automatically renew 15 days before the end of your current service plan to ensure that your App or website page does not get inadvertently shut off. This section explains this process in more detail.
Pricing, Billing and Payment
(MAM) may offer a range of service plans providing Services to suit everyone’s needs and at prices to suit everyone’s budget. The service charges you pay are based on the service plan you choose and any additional services you order. All payments are taken, in advance, for the full term of your service plan (e.g., monthly, 12 or 24 months).
Cancellation and Termination
Even though we do not want you to, we know that one day you might want to leave (MAM). You can cancel your account at any time by following the process described here and receive a pro-rata refund of fees paid for your remaining service term for your (MAM) App. We are unable to refund fees for additional services where you terminate without cause. If your use of the Services is in breach of key terms of this Agreement or would be detrimental to our servers or networks, (MAM) may terminate your use of the Services without refund.
(MAM) works hard to perform its Services to you and, if we do not or if something goes wrong, you may have a right to remedies from (MAM).
We do our best to keep our customers satisfied and, if you have a complaint or concern about the Services you are receiving, we would like you to contact us. If (MAM) cannot adequately deal with your dispute, you may escalate your dispute to the courts or to an alternative dispute resolution body.
(MAM) may modify this Agreement, from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. (MAM) will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Policies or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).
- REGISTRATION AND ACCOUNT SECURITY
- The Services are intended solely for users who are at or above the age of majority in your country of residence. If you are under age of majority and register to use the Services or access the Services, you are in breach of this Agreement. You represent and warrant that you are at least age of majority in your country of residence.
- If you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to do so on behalf of the party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services.
- You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password.
- If someone else is paying for your Services, you are authorizing Music App Maker to give such person paying for the Services access to your account, without limitation.
- Music App Maker LICENSE AND USE OF SERVICES
- Scope of License. (MAM) grants a limited, non-exclusive, non-transferable, limited and revocable license during the term of this Agreement, to use (MAM’s) technology, products and services solely for the purpose of accessing and using the (MAM). You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Services. You shall use the Services only in accordance with our Acceptable use Policy. Your license to use (MAM’s) technology is subject to the limitations set out in this section of the Agreement and you agree to use the Services only in accordance with this Agreement.
- Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by (MAM).
- Compatibility with the Services. (MAM) is not responsible for any delays or failures in the Services due to a failure of any computers, phone equipment, software, used to access the Internet. You are solely responsible for ensuring that all User Content in your Application and Website (as defined below) are compatible with the hardware and software used by (MAM) to provide the Services.
- Maintenance of the Services. From time to time, (MAM) may make improvements, upgrades or modifications to the Services available to its customers.
- Technical Support Services. Except as described otherwise in paragraph (f) below, (MAM) will provide technical support via email. By utilizing (MAM’s) Technical Support Services, you grant (MAM) permission to access your account, if necessary, to resolve your issue. You agree that (MAM) and its agents and employees are not liable for any damage resulting from the provision of customer support.
- Ineligibility for Technical Support Services. (MAM) will not provide Technical Support Services if you are in breach of this Agreement or the need for Technical Support Services is due to any modification of the Services by you or any third party outside of (MAM’s) control or your failure or refusal to implement changes recommended by (MAM).
- MODIFICATION AND UPDATES OF THE SERVICES
- (MAM) will, from time to time, change the Services and feature of the Services if it is considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers.
- If (MAM) modifies the Services in a material way, we will provide you with advance notice of the changes.
- TERM AND AUTOMATIC RENEWAL
- Initial Term and Automatic Renewal. The initial term of this Agreement is based on the plan, you initially selected (e.g. either 1 month, 12 months or 24 months); and with respect to all services the minimum period is 12 months unless otherwise stated on the pricing page. The Services will automatically renew for the same term as you initially ordered. If you do not want your Services to renew you must cancel 30 day prior to the end of the Initial Term or any Renewal Term. The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” Except for monthly subscription plans, each Renewal Notice will be provided to you, approximately thirty (30) days prior to your card being charged which, as described on the Pricing page, will be charged fifteen (15) days prior to the end of the then current Term. The Renewal Notice will be sent to the email address you have registered for your (MAM) account and notice of auto renewal will appear in your control panel. It is your responsibility to ensure that the email address and other personal details (MAM) are current at all times.
- Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.
- Free Subscriptions. All free subscriptions will renew automatically each month until you cancel your account.
- Exceptions to Automatic Renewal. If you are in dispute with (MAM) or have previously requested a chargeback that we have successfully challenged, your Services will not automatically renew at the end of your existing service term.
- PRICING, BILLING AND PAYMENT
- Pricing. We offer great service plans and a range of additional services to meet everyone’s needs. Details of our current service plans, and additional services, are listed on Pricing page. (MAM) reserves the right to change prices or any other charges at any time. We will provide you with a prior notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by (MAM), and other methods of communication, including notices, newsletters sent or information posted on (MAM) website.
- Promotions. If you receive a discount promotion or an introductory offer on your Initial Term or first month’s subscription, your Services will automatically renew at the then current non-discounted price listed on our pricing page. To see our current rates, go to our Pricing page. You acknowledge, agree, and authorize (MAM) to automatically charge your credit card in accordance with paragraph 6(d) Pricing.
- Billing Process. Our service charges will be calculated based on the service plan you choose plus any charges for additional Services you have ordered. If the Services you purchase from (MAM) are billed on a monthly basis, you will be billed in full month increments.
- Payments. You agree to pay (MAM), during the Initial Term, The Renewal Term or each month as applicable depending on your choice of service plan, all fees for the Services, as set forth on the payments page at the time you order the Services. Prior to expiry of your Initial Term or current Renewal Term, for subscription plans with a term length of more than one (1) month, you will receive notice of the amount of fees due for the subsequent term via a Renewal Notice sent to you by email and/ or your control panel. As set out in Term and Automatic Renewal. Renewal Notices will not be provided to you if you are on a monthly plan. You acknowledge, agree, and authorize (MAM) to automatically charge the applicable fee to your credit card for each month or Renewal Term (as applicable), unless you cancel with a 30 day notice. All charges will be taken fifteen (15) days prior to the date of renewal. If the credit card on file with (MAM) has expired or does not permit automatic renewals you must contact (MAM) to renew the Services. If you do not renew your Services will be suspended. You are responsible for ensuring that your billing information with (MAM) is accurate.
- Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact us by email on firstname.lastname@example.org. In particular, please always contact (MAM) before attempting a chargeback.
- CANCELLATION, TERMINATION AND REFUNDS
- If you choose to cancel your account. You may cancel the Services at any time during the Term, including where there is a change to the Services or this Agreement email email@example.com If you choose to cancel, you will not be entitled to a refund for services already provided.
i. If you choose to leave after this thirty (30) day period as a result of a change to the Services or this Agreement which adversely affects you and which you do not agree with, you will receive a prorated refund of any fees already paid for full months of Services not yet rendered (including fees paid for additional services).
- Effects of Cancellation or Termination. Upon cancellation or termination: you shall immediately cease all use of the (MAM) services; and you will be blocked and have no access to the (MAM) services.
- THIRD PARTY PRODUCTS AND SERVICES
- Third Party Providers. (MAM) may offer certain third party products and services from time to time. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. (MAM) does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. All purchase and transactions from these third party providers is being done at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. (MAM) is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
- (MAM) as Reseller, Licensor or Affiliate. (MAM) may act as a reseller licensor or affiliate of certain third party products and services used in connection with (MAM). (MAM) shall not be responsible for any changes to the third party product and services. Any malfunction or manufacturer's defect of Third Party products and services, either sold, licensed or provided by (MAM) to you will not be deemed a breach of your obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Product and Services are limited to those rights extended to you by the Third Party provider. You shall make no attempt to copy, alter, reverse engineer, or tamper with any Third Party Product and Services or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Third Party Product and Services, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
- Third Party Websites and Application. (MAM) site or Application may contain links to other websites that are not owned or controlled by (MAM) Third Party Sites and Applications, as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties Third Party Content. We are not responsible for any Third Party Sites or Third Party Content accessed through the (MAM) service. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern the Third Party. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
- Marketing Credits. Some (MAM) plans may include free marketing fee offered by third party vendors that are only available to you if you are located in the United States. Additional terms and conditions may apply to these marketing credits.
- COLLECTION AND USE OF YOUR PERSONAL INFORMATION
- INTELLECTUAL PROPERTY
All trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, MB15 LLC. The ownership of all intellectual property rights relating to the Services shall remain with MB15 LLC. You agree not to take any action to jeopardize, limit, or interfere in any manner with Music App Maker’s or its intellectual property rights.
- USER CONTENT
- You may be able to upload, store, publish, display and distribute information, text, photos, videos, songs and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites and Application”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites and Application. By posting or distributing User Content on or through the (MAM) Services, you represent and warrant to (MAM) that you have all the necessary rights to post or distribute such User Content, and your posting or distribution of such User Content does not infringe or violate the rights of any third party.
- Solely for purposes of providing the Services, you hereby grant to (MAM) a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content. Make archival or back-up copies of User Content and User Websites and Application. Except for the rights expressly granted herein, (MAM) does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with the User.
- (MAM) exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through (MAM’s) computers, network hubs and points of presence or the Internet. (MAM) does not monitor User Content. However you acknowledge and agree that (MAM) may but is not obligated to immediately take any corrective action in (MAM’s) sole discretion, including without limitation removal of all or a portion of the User Content, User Websites or User Application, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that (MAM) shall have no liability due to any corrective action that (MAM) may take.
- Music App Maker CONTENT
Except for User Content, all content available through the MB15 LLC dba Music App Maker, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "MB15 LLC dba Music App Maker Content"), are the sole property of Music App Maker. No Music App Maker Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Music App Maker Content. Any use of the Music App Maker Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Music App Maker Content granted herein. All rights of Music App Maker that are not expressly granted in this Agreement are reserved to Music App Maker.
- CPU, BANDWIDTH AND DISK USAGE
(MAM) expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. (MAM) may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of (MAM’s) terms and conditions.
- LIMITED WARRANTY
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, MB15 LLC dba MUSIC APP MAKER AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Music App Maker exercises no control over, and accepts no responsibility for, the content of the information as it passes through network hubs and points of presence or the Internet, other than on Music App Maker controlled equipment.
- BACKUPS AND DATA LOSS
Your use of the Music App Maker Services is at your sole risk. Music App Maker’s backup service runs on a regular basis and may overwrite any of our previous backups. This service is only provided as a courtesy and may be modified or terminated at any time at Music App Maker’s sole discretion. Music App Maker is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Music App Maker’s servers.
- LIMITATION OF LIABILITY
- Music App Maker will have no liability for delays or failures in the Services caused by your failure to comply with the requirements set out in Paragraph 3(c).
- The terms of this paragraph shall survive any termination of this Agreement.
- GOVERNING LAW AND ARBITRATION FOR USERS
- The laws of the State of Maryland apply to this Agreement, including any dispute arising out of or in connection with it or relating to your use of the Services.
- If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by Music App Maker, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location chosen by Music App Maker in Maryland. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Music App Maker will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse Music App Maker for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Music App Maker shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.
- ASSIGNMENT AND DELEGATION BY MB15 LLC dba Music App Maker
Music App Maker may, in its sole discretion, transfer or assign all or part of its rights under this Agreement, and may transfer all or any portion of its duties and obligations under this Agreement. Music App Maker may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. If you do not agree with any transfer or assignment under this paragraph 15, you should discontinue your use of the Services and cancel your account.
Notices relating to your Services and the terms of this Agreement will be provided to you via the email address you have registered for your Music App Maker account. It is your responsibility to ensure that the personal details Music App Maker has on file for you is kept current at all times.
- ENTIRE AGREEMENT
This Agreement (including the items incorporated by reference and modifications that may be made from time to time by Music App Maker), constitutes the entire agreement between Music App Maker and you regarding the Services, and supersedes all prior agreements between you and Music App Maker regarding the subject matters hereof. Any item or service furnished by Music App Maker in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
- NO WAIVER
Music App Maker reserves its right to take all legal steps available to enforce this Agreement. Music App Maker’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of Music App Maker’s rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with Music App Maker shall be effective unless expressly stated in writing and signed by both parties.
- Music APP Maker CONTACT INFORMATION
If you have any questions or comments, please contact us at firstname.lastname@example.org or by mail to:
MB15 LLC / Music App Maker
100 East Main Street Suite 1
Westminster, Maryland 21157