TERMS & CONDITIONS
Misoula s.r.o ("Misoula s.r.o", "we", "our" or "us") provides a personalised subscription service (the "Service") that offers music jointly or severally, the "Content") on this website (the "Site") as provided in these Terms and Conditions of Use (the "Terms").
This service agreement ("Agreement") is entered into by and between Misoula s.r.o and you and is effective as of the date of your use of the Site or the date of electronic acceptance. This Agreement sets forth the general terms and conditions (the "Terms") of your use of the Site and/or our Services as purchased or accessed through the Site. By using this Site or signing up for any part of our Service you agree to be bound by these Terms. If you do not agree with or do not comply with the Terms, you should not enter the Site or register for the Service.
We may, at our discretion, and at any time, make changes to the Terms. If we make material changes to the Terms we will provide you with notification as appropriate e.g. by banner pop-up on this Site. Any changes shall be deemed to be in effect immediately on their publication and your continued utilisation of the Service after modification will constitute your acceptance of the changes.
If you disagree with any changes to the Terms and do not wish to continue using the Service after changes have been made, you may terminate this Agreement by contacting our Customer Support team.
How to Sign Up
Content is available for use on the Site through the creation of a user profile under one account ("Your Account"). Only the Account holder, and those with expressed permission from the Account holder, may create a profile.
We will require the following information from you to create an Account and provide you with the Service ("Account Details"):
- Full name;
- Payment Card details;
- Residential address; and
- Mobile phone number.
"Payment Card" means a current, valid charge or credit card. By providing a Payment Card you authorise us to charge you a monthly fee and any applicable taxes corresponding to the payment plan selected below.
Information provided during sign-up can be amended at any time during the sign-up process by returning to earlier steps and amending the information previously entered.
Your use of the Service is contingent upon your access to the Internet via a computer, mobile device, streaming media player, or other device. You are also required to download and install our specific software applications; and provide us with one or more Payment Cards.
Monthly Premium Membership
At our discretion, we may offer a variety of Monthly Premium Memberships, including promotions.
Some Monthly Premium Memberships may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
The requisite Monthly Premium Cost and any other charges you may incur in connection with your use of the Service will be charged to you on a monthly basis Card on the calendar day corresponding with the commencement of your Monthly Premium Membership.
We reserve the right to change the terms of your Monthly Premium Membership, including price, from time to time. Any changes relative to pricing will become effective at the beginning of your next billing cycle following the date of the change.
You may be able to modify your Monthly Premium Membership e.g. through an upgrade or downgrade. To change your Monthly Premium Membership, call our Customer Support team on our 24-hour accessible line 1-877-216-5864(toll-free) or 1-646-328-5033 for international customers. You will also have to authorise any applicable changes in pricing to be charged to your Payment Card.
You can also cancel your Monthly Premium Membership at any time. See further details below.
Please note that should you cancel your Membership you may be able to enter the Members Area and view available Content. You will not be entitled to benefit from the use of our Content or any of the other features available on the Site. Should you wish to access Content you will be required to upgrade your Membership to a Monthly Membership Plan.
We may, at our discretion, provide promotional offers, including but not limited to a free trial period, which may be subject to terms and conditions different from these Terms. Any additional and/or differential terms will be disclosed to you at the time of sign-up. You are solely responsible for reviewing any additional terms governing the promotional offer.
Promotional costs will only be applicable during the specified promotional period. At the end of the promotional period, your Monthly Premium Plan will automatically renew and the Monthly Premium Cost will become payable at the end of the next Billing Period.
Billing and Payment
By subscribing to a Monthly Premium Membership, you authorise us or our payment processor to charge the applicable recurring subscription fees to your designated Payment Card unless and until you cancel your subscription. We automatically charge your Payment Card on the calendar day corresponding to commencement of your subscription. The interval of time between each payment due date will correspond to the term of your Monthly Premium Plan (the "Billing Period"). In the event your Monthly Premium Membership began on a day not contained in a subsequent month following your registration, we charge your Payment Card on the last day of the subsequent month (e.g. if your Monthly Premium Membership commenced on January 31, your Payment Card would next be billed on February 28).
Costs Relating to your Payment Card
If, for any reason, we are unable to charge the Monthly Premium Cost to your Payment Card, you will have nine (9) calendar days (or other period as advised by your financial institution) from the date the charge was declined to make the details related to your Payment Card valid. If we are unable to charge your Payment Card after the expiration of this period, your Monthly Premium Membership and/or any other applicable part of the Service will be suspended until we have successfully charged a valid Payment Card.
Imminent Additional Costs
You agree that, on registration for a Membership, you authorise us to place a pre-authorisation hold (usually between USD $1.00 to 2.00) to validate on your Payment Card to validate your billing address and other Payment Card information. This temporary hold will be released in typically three (3) to seven (7) business days. We advise that you check with your service provider for details of their authorisation arrangements. You agree that we will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorisations.
Be aware that your Payment Card issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment. Local tax charges may vary depending on the payment method used. Check with your service provider for details.
Changing Your Payment Card
If you elect to use a different Payment Card from the one you selected during registration, or if there is a change in your Payment Card’s validity or expiration date, you may edit your Payment Card the details in the "My Account" section of the Site. You are solely responsible for keeping your Payment Card details up to date and, through acceptance of these Terms, you authorise us to continue billing you and acknowledge and accept that you will remain responsible for any accumulated unpaid fees.
If your Payment Card expires and you do not edit your Payment Card information or cancel your account, you authorise us to continue billing you, and you will remain responsible for any accumulated unpaid fees relating to our Service.
To avoid any unwanted charges, please be sure to read the complete details of the intended Membership during signup.
To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial-month membership periods or for unused Content. You may, however, be entitled to a refund of the Monthly Premium Cost where this sum has been applied to your account in breach of the Terms and Conditions.
We may, in our sole discretion, issue refunds in the following circumstances:
- Technical issues - You’ve been unable to use our Service because of technical faults with the service itself;
- Payment error - You were charged in error;
- Fraud - it has been determined that your account has been the subject of fraud;
We do not offer refunds where:
- You forgot to cancel your membership before a payment deadline or did not complete the cancellation procedure;
- You were unable to log into your Account to cancel your membership due to incorrect personal information;
- Charges related to add-ons you agreed to pay for during the sign-up process;
Where applicable, free trial offers continue until cancelled. The membership lasts for the period specified during sign-up. If you cancel your subscription during the initial free trial period, you will not be charged. By starting your free trial, you authorise us to continue your month-to-month subscription (and to charge you at our then-current monthly rate) automatically after the conclusion of the initial free trial. Subscription fees will be charged monthly to the payment method provided until your subscription is cancelled.
The Service and the Content remain the property of Misoula s.r.o or our licensors. On registering for a Membership Plan, you will be granted a limited, non-exclusive, non-transferrable revocable licence to view available Content for your personal, non-commercial use only on the condition that our intellectual property rights in relation to the Content and our materials are observed.
The materials displayed on or found in the Site including, without limitation, all software, layouts, content, editorial materials, informative content, photos, images, gaming apps, sound files and clips, video footage, short features, visuals, and other graphic materials, and names, logos, trademarks and service symbols (the "Resources"), are the personal property of Misoula s.r.o or our licensors and protected by intellectual personal property laws.
Our company name, design and related symbols are trademarks of Misoula s.r.o and all rights are reserved.
You agree not to duplicate, modify, create derivative works from, display, perform, disseminate, spread, publicise or circulate any Resources to any party (including, without restriction, the display and intent to distribute the Content via a third-party website). You further agree that you will not disassemble, take apart, or otherwise amend the Resources. UNAUTHORISED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE RESOURCES IS STRICTLY PROHIBITED. Any use of the Resources other than as permitted by these Terms will violate these Terms and may infringe upon our rights or the rights of the third party that owns the affected Resource. You agree to report any violation of these Terms by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Resources at any time, without notice and without liability.
You agree not to use the Site or Services in any way that:
- violates the rights of others, including any intellectual property (copyright, trademarks, design or other intellectual property rights) or other proprietary / ownership rights;
- involves accessing the Service or the Content for a business or commercial purpose;
- uses technology or other mean to access, index, frame or link to the Services (including any Content) which is not authorised by us (e.g. by removing, disabling, by-passing or circumventing any content protection or access control mechanisms intended to prevent the unauthorised download, streaming, linking, framing, reproduction, access to or distribution of the Services);
- involves accessing the Services, including any Content, by any automated means, including "bots", "spiders", or any "offline reader" which is not permitted by us;
- introduces any virus or other computer code, files, or programmes that interrupt, destroy or limit the functionality of any computer software, hardware or other telecommunications devices;
- damages, alters, disables, overburdens, impairs or gains unauthorised access to the Services, including our computer servers, networks or accounts and the Content;
- removes, modifies, disables, blocks, obscures or impairs in any way any advertising in connection with the Services, including any advertising of the Content;
- uses the Services to advertise or promote any third-party services which are not expressly approved by us in writing;
- engages in or encourages any third party to participate in conduct which constitutes a criminal offense or would give rise to civil liability;
- violates any of the Terms and Conditions in any manner;
- interferes with any third party’s use and/or enjoyment of the Service; and/or
- attempts to do any of the foregoing.
Managing Your Account Details
All Account Details you submit must be accurate and updated, where appropriate via the "My Account" area login. You are required to keep your private information including your password confidential. You will not be required to disclose your password to any of our representatives. You should notify us by email at email@example.com if your password is lost or stolen, or you suspect any unauthorised use of your account.
Intellectual Property Infringement
Respecting intellectual property rights is important to us. If you deem that we have infringed your intellectual property rights e.g. copyright, you must alert us, in writing, and provide us with the following details:
- A digital or actual physical signature of the individual sanctioned implement with respect to the owner of the trademark interest;
- An outline of the protected work which you believe has also been infringed upon;
- An account of where the information that you assert is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement from you that you have a good-faith belief that the disputed use is not sanctioned by the copyright proprietor, its agent, or the law;
- A statement by none other than, made under penalty of perjury, that the above important information in your notice is detailed and also that you are the trademark owner or allowed to operate on the trademark owner's behalf.
This information should be sent to firstname.lastname@example.org. The supply of the aforementioned information in no way constitutes an admission on our part as to any alleged infringement and shall be used for investigative purposes only.
Our Service is provided "as is" and "as available".
We make no guarantee as to the availability of a specific item of Content or the minimum amount of Content available in any Monthly Premium Plan. Additional terms applicable to a given Membership will be indicated upon sign-up. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorised access to, user communications. We are not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
Term and Termination
This Agreement and, consequently the Service we provide to you, will continue until terminated by you or us. The licence to utilise specified Content, however, remains revocable at any time.
Should this Agreement be terminated (by either party and for any reason) or if we suspend your Account or access to our Service, you acknowledge and agree that we will have no liability to refund you any sums already paid to the fullest extent as the law permits.
We reserve the right, in our absolute discretion, to decline to provide you with any or all of the Service or to refrain from conducting any business with you.
Cancellation by You
You can terminate this Agreement and cancel your Membership at any time. You will continue to have access to the Service through the end of the applicable monthly billing period. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods.
To cancel your plan, call our Customer Support team on our 24-hour accessible line 1-877-216-5864(toll-free) or 1-646-328-5033 for international customers.
Cancellation by Misoula s.r.o
We reserve the right to immediately terminate or restrict your use of the Service at any time, without notice or liability, and for any reasonable cause e.g. if we determine that you have breached these Terms, made unauthorised use of the Service, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.
Warranty and Disclaimer
The Site, the Content, the Service and any Resources needed for the Service are provided to you on an "as is" basis, as well as an "as available" basis and without warranty or condition. In this regard, the Service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.
Restriction of Legal Responsibility
Under no circumstance shall we, our affiliates, and/or any of their respective directors, officeholders, employees, brokers or other representatives be liable for any direct, indirect, incidental, or aggravated losses (including loss of data, revenue or profit, loss of or damage to your property, as well as unaffiliated claims) or any additional losses of any kind, arising out of or in connection with: the Site; any Materials or information appearing on the Site; any software, tools, tips, goods, or offerings available through, found in or publicised on the Site; any link provided on the Site.
To the fullest extent applicable under law, you agree to indemnify and hold harmless Misoula s.r.o, our directors, shareholders and officers from damages, losses and reasonable legal fees and costs related to: (a) your violation of these Terms; and; (b) your utilisation of the Site or our Service; (c) any user Consent; or (d) any violation of any law or the rights of a third party.
All assertions, problems, or controversies (regardless whether in contract or regulation, or otherwise, and regardless whether current, past, or future) arising out of or with reference to: (a) the Terms; (b) the Site; (c) the Service; (d) any advertising campaign relating to the Terms or the Site (collectively "Claims").
Where permitted by applicable law you and Misoula s.r.o agree that each party may bring claims against each other in an individual capacity. You agree not to commence or participate in any class or representative action against us.
All of the Terms and Conditions must be managed by, interpreted and enforced with regards to the regulations of the Czech Republic, without reference to conflict of laws.
128 00 Praha 2
Prague Czech Republic
Primary No: 1-877-216-5864 (toll-free)
Secondary No: 1-646-328-5033
Incorporation number: 5078890
Services Country Limitations
Misoula s.r.o services are restricted in the following countries: Afghanistan, Anguilla, Albania, Angola, Bosnia and Herzegovina, Barbados, Burkina Faso, Burundi, Benin, Botswana, The Democratic Republic of the Congo, Central African Republic, Congo, Cote d'Ivoire, Cameroon, Cuba, Djibouti, Algeria, Egypt, Western Sahara, Eritrea, Ethiopia, Gabon, Ghana, Gambia, Guinea, Guinea-Bissau, Indonesia, Iraq, Islamic Republic of Iran, Kenya, Liberia, Lesotho, Libya, Montenegro, Madagascar, Macedonia, Mali, Mauritania, Malaysia, Mozambique, Namibia, Niger, Nigeria, Pakistan, Reunion, Romania, Serbia, Rwanda, Sudan, Sierra Leone, Senegal, Somalia, Swaziland, Chad, Togo, Tunisia, United Republic of Tanzania, Uganda, Zambia, Zimbabwe, Kosovo.