These Terms of Service (as defined below) are developed by Mussila ehf. (hereinafter “Mussila” or “us/we”) govern your access to and use of Mussila’s and all of its affiliates services, products, applications and websites (collectively the “Services”).
For parents and guardians: By providing your consent for your child to use our Services you hereby agree to accept full responsibility for their use of the Services related to your account. If you are a music teacher registering your student to the Services you agree that you have them to do so and that you act in compliance with the laws in your country.
By registering for, using or otherwise accessing the services, or any component thereof, in any manner whatsoever, you are consenting to become a party to this agreement and agreeing to be bound by and comply with the terms and conditions herein which affect your legal rights and obligations.
1. GENERAL TERMS
2. DEFINITION OF SERVICES
Mussila is the provider of educational music services for children that include mobile applications, books, toys, instruments and other merchandise based on the brand plus any other products, media, and services that are or will later be developed or offered in the future. Our core values evolve about children’s safety, welfare, and their equal opportunities to have access to music education, be it gender equality, race, religion, disabilities or other. Our Services are founded on those core values.
3. AUTHORIZATION TO USE THE SERVICES
You acknowledge that use of our Services is at your own responsibility and risk. Mussila is not responsible or liable nor does Mussila provide warranties for the outcomes resulting from the use of the Services nor does it guarantee any result of any kind. Mussila shall not be held responsible for any malfunction or damages caused by using the Services, downloadable files and/or installation of Services. Access to the Internet is necessary in order to use the Services and you must provide all equipment necessary to make such connection.
4. THIRD PARTY CONTENT
Should our Services offer hyperlinks to third party sites and/or display information and/or other content from third party sites (Hereinafter: “Third Party Content”) Mussila shall not be responsible for any damages, errors, omission or for the results obtained from the use of such Third Party Content. As a general rule Mussila allows only child-safe and educational content via the Services.
5. ELIGIBILITY AND ACCEPTANCE
6. RESTRICTIONS TO USE OF SERVICES
Use of Services is subject to the following restrictions:
6.1 Services cannot be used without the express consent of a parent or a legal guardian if you are under the age of 18.
6.2 If you are under the age of 13 using our Services you are not allowed to disclose or share any personal information without appropriate parental or legal guardian approval.
6.3 You accept full responsibility for any unauthorized use of our Services by minors in connection with your account.
6.4 You are fully responsible for any use of your credit card or other means of payment.
6.5 Use of an account or our Services is prohibited if you have previously been removed by Mussila or have previously been banned from accessing our Services
6.6 Use your account only for private non-commercial purposes unless otherwise stated.
6.7 Using your account to engage in any illegal conduct is strictly prohibited.
7. MUSIC TEACHERS
If you are a music teacher, we hope that you can use our services in your lessons or as an extra-curricular activity or for other educational purposes. You may however not charge additional fees for incorporating our Services into your lessons.
8. ACCESS AND COMPATIBILITY
Please note that some of the Services are not compatible with the whole variety of computers and mobile devices. You are solely responsible for procuring compatible equipment if you wish to use some or all of the Services offered by Mussila.
9. OWNERSHIP AND INTELLECTUAL PROPERTY
The Services and all materials that are part of the Services (including past, present and future version), including and without limitation our game design, graphics, layout, text, images, data, audio, video, designs, concepts, methods, themes, advertisements, logos, icons, badges, domain names, trade names, and trademark, trade identities, user accounts, story, storyboarding, and storyline, characters, music and musical arrangements, curriculum, and source codes are all copyrighted works that are owned solely by Mussila and/or it’s third-party licensors or providers unless indicated otherwise. Public use of any of these is not allowed without prior written permission from us.
By using our services, you at this moment agree neither to exploit any of our copyrighted works nor encumber, license, modify, copy, sell or transmit any them without the express prior written permission given by Mussila. Furthermore, you agree and acknowledge that you shall not acquire any ownership, copyright, or other rights by downloading or installing any of the Services or other material derived from our Services. Unless otherwise stated our Services are intended for your purposes only and use of our Services does not grant any right or license to distribute, publicly perform or prepare derivative works of any content.
Furthermore; by using our Services you affirm, warrant and represent that your user content is not in violation of any laws, contractual restrictions or other third party rights and that you own or have the necessary licenses, rights consents, and permissions to submit, publish and share the User Content you submit, including the right to grant all of the rights in these Terms without Mussila incurring any third party obligations or liability that may arise out of the rights thereto granted herein by you. You shall be solely responsible for User Content and the consequences of submitting, publishing, and sharing the User Content on the Service.
By submitting and sharing your User Content with Mussila, you retain all of your ownership rights. However, by submitting and/or sharing your User Content on the Services you hereby grant Mussila an irrevocable, sublicensable, perpetual, transferable, worldwide and royalty-free fully paid-up non-exclusive license in the User Content. Mussila can reproduce, distribute, modify, prepare derivative works of, publicly display and perform and user, all or any portion, in any way, of the User Content, in connection with the Services and other services and products, of Mussila (and its successors and affiliates) including, without limitation, redistributing part or all of the Services (and derivative works thereof) and promotion in any media formats and through any media channels.
By sharing your User Content in our services you grant Mussila the right to sub-license and/or publish your User Content in a format that may be accessed by users of the Services and on the Internet. Unless prohibited by law, you hereby waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Services and under these Terms.
You furthermore agree that Mussila is free to use any ideas, techniques, information, concepts or contained in any User Content you submit in Services or send to Mussila for any purpose including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User content and without remuneration of any kind.
We respect your intellectual property rights and copyrights of others. If you discover any content in the Service that you believe infringes your copyright (“Disputed Content”), please report this to Mussila, as follows:
10.1 Please send us a written statement of the said copyright infringement and ensure that you include your full contact details, including your name, telephone number, e-mail address and your username on our Services if applicable, a description of the Disputed Content as well as the Mussila URL(s) where such Disputed Content can be located.
10.2 Your statement concerning the claimed infringement should be sent to Mussila by email to firstname.lastname@example.org/or by mail to the following address:
Mussila ehf, Borgartún 27, 105 Reykjavik, Iceland.
10.3 Alternatively, for those residing in the United States and wish that your copyright infringement notification is considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please make sure that you include the following information in your notification:
10.3.1 An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.3.2 Identification of the copyrighted work which is 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 the service provider to locate the material;
10.3.3 Information that is reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.3.4 Your notice concerning the claimed infringement should be sent to Mussila’s by email to email@example.com/or by mail to the following address: Mussila ehf, Borgartún 27, 105 Reykjavik, Iceland.
11. OUR POLICY REGARDING THOSE WHO INFRINGE COPYRIGHT
Mussila will terminate the accounts of any users who repeatedly use the Services to infringe copyright.
12. BE NICE!
As a user of the Services, you consent that your User Content, and/or your conduct on the Services will not:
12.1 include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
12.2 include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
12.3 violate the personal, contractual, intellectual property or other rights of any party, or promote or constitute illegal activity;
In addition, your activities on the Services and in connection with the Service Content may not:
12.4 reveal any personal information about another individual
12.5 attempt to impersonate any other party, trick, defraud or mislead other users
12.6 violate these Terms; or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Mussila on the Services
12.7 upload or attempt to upload / transmit Trojan horses or other material that interferes with any party’s uninterrupted use our Services, the Service Content, the User Content or that modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the Services, the Service Content or the User Content
12.9 reverse engineer, reverse assemble, decompile, modify or attempt to discover any source code that the Services create to generate its web pages or any software or other products or processes accessible through the Services
12.10 transmit or upload (or attempt to transmit or to upload) any material that acts as a passive or active information collection or transmission mechanism
12.11 cover or obscure any notice, banner or advertisement on the Services;
12.12 disguise the source of your User Content or other information you may submit to the Services; and/or interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services or the Service Content.
Mussila does not endorse or control the content, messages or information found in User Content portions of the Services or external sites that may be linked to or from the Services and, therefore, Mussila specifically disclaims any responsibility with regard thereto.
13. USER ACCOUNT
13. 1 END OF SERVICES
If we suspect that the account is being used for illegal or improper actions or if you fail to comply with our Terms of Services Mussila may at any time and without limitation terminate, modify or suspend your account with or without notice. This may involve blocking your access to our Services and complete deletion of
Termination of your account may disable your access to the Services or any part thereof including any content you may have or will later submit to our Services or affiliated parties. By entering into these Terms of Services you acknowledge that you provide Mussila your irrevocable consent to monitor, access and disclose any content you create in our Services.
13.2 ACCOUNT OWNERSHIP
By creating your account you both agree and acknowledge that the account is fully owned by Mussila and that you have no property or ownership interest in that account or affiliated content.
13.3 PERSONAL INFORMATION
You may be asked for a username and password when using our Services. The following rules apply to that procedure and security:
13.4.1 Any noted breach of Security and Terms of Service should be immediately reported to Mussila at firstname.lastname@example.org
13.4.2 Should you become aware of breach of Security related to your account you should immediately change your own login information (username and password) and report that to us at email@example.com
13.4.3 By agreeing to our Terms of Service you agree that you are solely responsible for maintaining the confidentiality of your login information and that you will be responsible for all uses of that login information and your account.
13.4.4 Mussila reserves the right to reclaim any usernames or to remove your information. This applies also to claims by a third party that username is violating the rights of that third party.
14. USER INFORMATION
We treat your information with our utmost care. That includes your IP addresses and your personal information. Only in extreme and rare cases, where that information is required for the legal process, to reveal criminal activity or if there is a threat of health and safety at stake to another person or the public Mussila reserves the right to disclose that information. By entering our Services and into our Terms of Services you hereby provide your irrevocable consent to that disclosure.
15. UPDATES TO THE SERVICE
Mussila may require that you accept updates to the Services and to Mussila content you have installed on your device. You acknowledge and agree that Mussila may update the Service with or without notifying you.
16. 1 PAYMENT POLICY
Parts of the Services are accessible for free, and other services and products require payment of subscription and/or other fees. By choosing to access the paid content and making the payment you authorize us to charge your credit card or other approved payment method for all the costs and charges (including any additional payment processing fees which may be applicable) you incur by choosing to access the paid content. Fees may be based on one-time or renewing payments as more fully described in the respective Services. If you choose to sign up for an auto-renewable subscription you understand and authorize that your payment will automatically renew at the end of the subscription period, unless you cancel your subscription before the end of the current subscription period, and give permission for such billing transactions to take place. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your account(s), including your family members or friends. Please note that we may use a third-party payment processor to facilitate your payments. If you make a purchase through a third-party application store, including but not limited to the Apple iTunes Store or Google Play Store, or through our Mac, iPhone, iPad applications your purchase will be subject to such third party’s applicable payment policy.
16.2 PAYMENT INFORMATION
You must provide a piece of valid and accepted payment information to access the paid-for parts of the Services. If the payment information provided by you is declined for payment of your subscription and/or other fees, you must provide us new eligible payment information promptly or your access to the paid content may be suspended. The paid-for Services begin as soon as the initial payment has been processed.
When you register for paid-for parts of our Services, including any Services and products that require payment of subscription and/or other fees, you may be eligible for a trial period without payment or at a reduced rate.
This may vary depending on promotions, type of subscription and the term you select at the time of purchase.
We reserve the right, in our absolute discretion, to determine your eligibility for a trial. We may require you to provide your valid payment information to start the trial. Unless you cancel your paid subscription prior to the end of the trial period, after the end of the trial period your subscription for such paid-for parts of our Services will automatically continue as a paid-for subscription billed on a recurring basis until you cancel your paid-for subscription (turn off automatic renewal from your account settings or via the Apple iTunes Store or the Google Play Store). If you cancel your paid-for subscription, then your account will only have access to those parts of our Services that you may access for free.
16.4 BILLING AND RENEWALS
Our auto-renewable subscription plans may be billed as one payment for the term (e.g. 1, 3 or 12 months) or in monthly installments charged every month for the duration of the term. The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the term you select at the time of purchase.
All subscriptions renew automatically using the payment information you have provided for your account, and as such payment details are updated from time to time. When you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information for the renewal fee. If your subscription started with a promotion or trial at a reduced rate, your renewal rate may be higher than your initial rate. Auto-renewal of the subscriptions made on our site can be canceled at any time before the renewal date from your account settings or by contacting our support. Canceling auto-renewal of the subscriptions made on our mobile apps is bound to the terms and conditions and applicable payment policy the store operator (e.g. Apple Inc.) has set for the purchasing account.
In some cases, your payment billing dates or billing term of your subscription may change if your payment has not successfully settled on the original due date. We will inform you of the billing term change through email.
If you have registered for a paid-for subscription, you may however change your mind and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”) from your subscription for such paid-for parts of our Service(s) provided that during that Cooling-off Period you have not at any time accessed our Service(s).
16.5 CHANGE OF PRICING
Our prices may change in the future. If the pricing for your subscription does change, we will notify you, and provide you an opportunity to review those changes to your subscription. Applying those changes to your account or charging your payment details in connection with automatic renewal is subject to your approval of the changed pricing.
16.6 GIFT CARDS, CODES, AND OTHER PREPAID PRODUCTS
If you have purchased or received a code, a gift card or other pre-paid Mussila product enabling you to access paid parts of the Services, conditions and supplemental terms provided in connection with the code may apply to the use of the Services, and you agree also to such supplemental terms and conditions. In case of conflict between this Agreement and such supplemental terms, the supplemental terms shall prevail.
Except specifically otherwise provided, any payments are always FINAL and NON-REFUNDABLE, however, without limiting the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store).
17. DISCLAIMER OF WARRANTIES
THE SERVICES, SOFTWARE AND ALL MATERIALS CONTAINED IN THEM ARE PROVIDED “AS IS” AND ON “AS AVAILABLE” BASIS, AT YOUR OWN RISK, WITHOUT EXPRESSED OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE ALSO DISCLAIM WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, SERVICES, CONTENT OR PRODUCTS DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE COMPLETE, ACCURATE, RELIABLE, APPROPRIATE OR TIMELY. WE ALSO MAKE NO WARRANTIES REPRESENTATIONS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR USE OF OR ACCESS TO THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED OR FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE EXCLUSION OF CERTAIN WARRANTIES ARE NOT ALLOWED BY SOME JURISDICTIONS. AS A RESULT, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Mussila is not liable or responsible for any contamination or infections of your system, or errors, delays, inaccuracies, or omissions arising from your use of the Services or related to information and material contained in these Services.
Mussila may provide links to external locations operated by third parties and distribute content supplied by third parties and users of the services. All communication whatsoever, expressed or made available by third parties, including, without limitation, by other users, is solely made by the respective distributor(s) or author(s), and Mussila does not guarantee the completeness, usefulness, or accuracy thereof or its fitness or merchantability for any particular purpose; nor do they make any warranty, guarantee or endorsement with respect thereto.
18. LIMITATION OF LIABILITY
THE LIMITATIONS OF LIABILITY CONTAINED HEREIN APPLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO ANY AND ALL DAMAGES OR INJURY OF ANY KIND CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT MUSSILA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE MATERIALS CONTAINED IN THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MUSSILA OR ANY THIRD PARTY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT MUSSILA IS NOT LIABLE, AND YOU AGREE TO NOT SEEK TO HOLD MUSSILA LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF AND/OR INJURY FROM THE AFOREMENTIONED SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MUSSILA BE LIABLE TO YOU, FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR MORE THAN THE AMOUNT PAID TO MUSSILA BY YOU, IF ANY.
YOU UNDERSTAND THAT BY ACCESSING THE SERVICES YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNSUSPECTED OR UNKNOWN. YOU FURTHER ACKNOWLEDGE THAT THE LIMITATIONS, DISCLAIMERS, AND WAIVERS OF LIABILITY IN THIS AGREEMENT WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR SERVICES.
You agree to indemnify and hold harmless, Mussila, its affiliates, and their respective officers, employees, directors, representatives, licensors, agents, and third party providers to the Services from and against all claims and expenses, damages and costs, including attorneys’ fees and costs, resulting from, or in any manner related to any violation of these Terms of Services by you or any other person using your IDs. You acknowledge that the provisions in this paragraph will survive any termination of the Services or your account(s).
20. FORCE MAJEURE
In no event shall Mussila be responsible or liable for any failure or delay in the performance of its obligations hereunder resulting from direct or indirect causes outside the reasonable control of Mussila, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Mussila control such as acts of God, acts of war or terrorism, acts of civil or military authorities,riots, embargoes, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Mussila shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
This Agreement may be terminated by deleting your account and thereafter ceasing use of the Services. If this Agreement is terminated before your subscription ends, we are unable to offer any refund for any unexpired period of your subscription.
Without limiting any other remedies, Mussila may at any time limit, terminate, modify or delete accounts and take any legal and/or technical steps to prevent you from accessing the Services, including any content you or others submitted (i) if you are, or if Mussila suspects that you are not complying with any of these Terms of Services or for any actual or suspected illegal or improper use of the Services, (ii) Mussila decides at its own discretion to cease providing access to the Services from where you are attempting to access the Services or in the jurisdiction where you reside, or (iii) in other reasonable circumstances as determined at Mussila’s discretion, with or without notice to you.
In the case of termination or expiration of this Agreement for any cause, you are required to cease all use of the Services. Termination or expiration for any reason shall not release you from any liabilities or obligations set forth in the Agreement. If no activity is conducted by you relating to the account for 180 or more days, Mussila also reserves the right to delete your account with no active paid subscriptions. If this occurs, you will no longer be able to access and/or use any paid-for features related to that account and no refund will be offered to you in relation to the same.
Mussila reserves the right to discontinue any part or aspect of the Services at any time.
22. GOVERNING LAW AND DISPUTE RESOLUTION
You are strongly encouraged to contact us directly before considering litigation. All reasonable requests will be considered for resolvement through other dispute resolution procedures such as mediation or arbitration.
These Terms of Service and the relationship between you and Mussila shall be governed by the laws of Iceland without reference to its choice of law rules. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this agreement. You agree to submit any claim, controversy or dispute arising out of or in relation to the Agreement or the termination, breach or validity thereof to the exclusive jurisdiction of the District Court of Reykjavik, Iceland. YOU HEREBY AGREE THAT YOU MAY BRING CLAIMS AGAINST MUSSILA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If the dispute cannot be resolved through negotiation it may also be submitted for resolution to the Consumer Disputes Board. The Online Dispute Resolution website is an official website managed by the European Commission for helping consumers and traders resolve their disputes out-of-court.
Notwithstanding any statute or law to the contrary, you agree that any claim or cause of action related to the use of the Services or the Terms of Service must be filed within one (1) year after such cause of action claim or arose, or be forever barred.
Should any portion of these Terms of Service be held unenforceable or illegal, partly or in whole by any court of competent jurisdiction, such provision shall be ineffective solely to the extent of such determination of unenforceability or invalidity without affecting the remaining provisions and without affecting the enforceability or validity thereof in any other manner or jurisdiction and , which will remain to be in full force and effect.
24. GENERAL PROVISIONS
24.2 ENTIRE AGREEMENT
These Terms of Service comprise the entire understanding of you and Mussila concerning the subject matter hereof and supersede all prior agreements and understandings whether electronic, written or oral, or whether established by custom, policy, practice or precedent, between you and Mussila with respect to the Services.
We may notify you via e-mail or by posting on the Site.All notices required from you or given by you under these Terms of Service shall be in writing and addressed to firstname.lastname@example.org. Any notices that you provide without complying with this Section on Notices shall have no legal effect.