Terms and Conditions          Terms of Service

MusicXR Terms of Use

As of September 1, 2024

MusicXR LLC, a Texas limited liability company (“MusicXR,” “we,” or “us”), provides access to the MusicXR website, currently located at musicxr.com, and all associated websites and subpages, as well as any related mobile applications we may make available (collectively, “Site” or “Application”). Together with all enabled features, functionality, and services, including MusicXR’s recording, distribution, marketing, and streaming services, these are collectively referred to as our “Services.” These terms and conditions (the “Terms”) govern your access and use of the Services.

By accessing or using the Services in any way, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services. Your use of MusicXR’s distribution services is separately governed by the MusicXR Distribution Agreement.

Terms of Access and Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable personal license to access and use the Services. By accessing and using the Services, you represent and warrant that you are over eighteen (18) years of age or the applicable age of majority in your jurisdiction. If you are under 18 but at least thirteen (13) years old (a “Minor”), you are using the Services with the consent of your parent or legal guardian. The parent or legal guardian of a Minor agrees to fully indemnify and hold harmless MusicXR if the Minor breaches these Terms. Users under 13 may not use the Services.

The rights granted by these Terms may be revoked by MusicXR at any time, in its sole discretion. When you download the Application, you are granted a limited, non-exclusive license to use the Services on a device you own or control.

Registration and Accounts

To access certain features of the Services, you may be required to register for an account. You represent and warrant that all registration information you submit is truthful and accurate. You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities under your account. Notify us immediately of unauthorized access or suspected breaches. We are not liable for any loss or damage arising from unauthorized access to your account.

Payments

We may charge fees for certain features of the Services. Payment of all required fees must be made using a valid credit card on file. You authorize MusicXR to charge the applicable fees, plus any applicable taxes. We reserve the right to change accepted payment methods and fees. Refunds are at MusicXR's sole discretion. If we cannot charge your payment method, we may suspend your access to the Services.

Privacy

For information on how we collect and use information you provide, please refer to our Privacy Policy, which is incorporated into these Terms. By using the Services, you agree to our collection, use, and disclosure of your personal information as outlined in our Privacy Policy.

Cookies:

The website uses cookies to help personalize your online experience. By accessing MusicXR, you agreed to use the required cookies. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

User Content and Activity

MusicXR enables users to upload, store, and share content such as audio recordings, musical compositions, artwork, and more (“User Content”). You are solely responsible for the User Content you submit and your activity on the Services. You represent and warrant that you own or have the necessary rights to your User Content, and that it does not violate the rights of others. By uploading User Content, you grant us and other users a non-exclusive, worldwide license to use, reproduce, publicly perform, display, and distribute your content through the Services.

We reserve the right to reject or remove any User Content that violates these Terms.

Restrictions

You agree not to:

• Submit User Content that is harmful, abusive, or otherwise objectionable.

• Violate any law or rights of others.

• Use the Services to stalk, harass, or harm individuals, or to impersonate others.

• Decompile or reverse engineer any part of the Services.

• Use high-volume automated methods to access the Services.

• Frame the Services or interfere with the display of pages without our consent.

License:

Unless otherwise stated, MusicXR LLC and/or its licensors own the intellectual property rights for all material on MusicXR. All intellectual property rights are reserved. You may access this from MusicXR for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from MusicXR

• Sell, rent, or sub-license material from MusicXR

• Reproduce, duplicate or copy material from MusicXR

• Redistribute content from MusicXR

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. MusicXR LLC does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of MusicXR LLC, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, MusicXR LLC shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

MusicXR LLC reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant MusicXR LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of MusicXR LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to MusicXR LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Ownership

MusicXR retains all rights, title, and interest in the Services and related intellectual property. You may not copy, distribute, or create derivative works from any copyrighted materials accessible via the Services.

Copyright Claims

If you believe your copyrighted work has been infringed on the Services, please provide us with the details outlined in the Digital Millennium Copyright Act (DMCA). Our designated Copyright Agent can be reached at legal@musicxr.com.

Hold Harmless and Limited Liability

You agree to hold harmless MusicXR and its affiliates from any claims arising from your use of the Services. The Services are provided “as is,” and we make no warranties regarding the accuracy, timeliness, or completeness of the Services. Our liability is limited to $100.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Modifications

We may modify these Terms from time to time. Continued use of the Services after changes are posted indicates your acceptance of the revised Terms.

Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MusicXR. We may terminate these Terms and your account at any time without notice.

These Terms shall be governed by the laws of the United States and the State of Texas, with any legal action to be brought exclusively in Texas courts.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.