End User License Agreement – Music In the Air

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Music In the Air
End User License Agreement
Effective June 28, 2018

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING MUSIC IN THE AIR (“MITA”). BY USING MITA YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PROMPTLY EXIT THIS DOCUMENT WITHOUT ACCESSING OR USING MITA.

This Agreement governs your use of MITA (free and paid versions) and—if you have signed up for recurring payments that grant access to all or particular elements of MITA (a “Subscription”)—your Subscription to MITA.

The use of MITA is also governed by our Privacy Policy and Terms and Conditions of Use.

ArtsInteractive’s Site and Related Services Terms and Conditions of Use can be found here.
ArtsInteractive’s Privacy Policy can be found here.

1. Rights Granted:

Subject to the terms of this Agreement, ArtsInteractive, Inc. (“ArtsInteractive”) grants to you a limited, personal, non-transferable, and non-exclusive right to use MITA. Access to any Subscription version of MITA shall be limited to the specific duration of time (e.g. monthly, annual, etc.) associated with your particular Subscription (“Subscription Period”), as defined in this Agreement; Subscription Periods shall be renewed upon payment of the recurring Subscription fee (“Renewal”) at the start of each Subscription Period. ArtsInteractive does not guarantee access for any specific duration of time to any version of MITA provided free of charge. Your use of MITA shall be strictly in accordance with this Agreement. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access MITA.  NOTHING IN THIS AGREEMENT GRANTS OR TRANSFERS TO YOU ANY OWNERSHIP RIGHTS IN MITA, INCLUDING THE SOFTWARE AND OTHER INTELLECTUAL PROPERTY RIGHTS RELATED TO MITA.

2. Subscription Renewals, Subscription Fees, and Subscription Periods:

YOUR MITA SUBSCRIPTION WILL RENEW AUTOMATICALLY. YOU AUTHORIZE ARTSINTERACTIVE TO COLLECT, WHEN DUE, YOUR SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD YOU HAVE PROVIDED, WITHOUT ALERTING YOU IN ADVANCE. IF YOU WOULD LIKE TO CANCEL OR CHANGE YOUR SUBSCRIPTION, YOU MUST ADJUST YOUR SETTINGS IN THE MY ACCOUNT SECTION OF ARTSINTERACTIVEINC.COM BEFORE YOUR RENEWAL DATE.

THE SUBSCRIPTION FEE AND SUBSCRIPTION PERIOD STATED ON THE CHECKOUT WEB PAGE, BEFORE YOU CONFIRM PAYMENT, ARE THE SUBSCRIPTION FEE AND SUBSCRIPTION PERIOD THAT WILL BE APPLIED TO YOUR MITA SUBSCRIPTION. UNLESS OTHERWISE NOTED ON THE PRODUCT PAGE OR ELSEWHERE, THE SUBSCRIPTION FEE AND SUBSCRIPTION PERIOD APPLIED TO THE FIRST SUBSCRIPTION PERIOD OF YOUR MITA SUBSCRIPTION ARE THE SUBSCRIPTION FEE AND SUBSCRIPTION PERIOD THAT WILL BE APPLIED TO SUBSEQUENT RENEWALS.THE FIRST SUBSCRIPTION PERIOD OF YOUR SUBSCRIPTION SHALL COMMENCE IMMEDIATELY AFTER YOU SUCCESSFULLY PAY THE APPLICABLE SUBSCRIPTION FEE AND CONTINUE UNLESS CANCELLED AS PROVIDED IN THIS AGREEMENT.

The MITA Subscription fee is non-refundable except as expressly set forth in this Agreement. The Subscription fee will be charged whether you use MITA or not. You are responsible for any taxes resulting from your use of MITA.

You are responsible for maintaining an updated payment method associated with your account. If all payment methods you have provided are declined, you must promptly provide us with a new eligible payment method to avoid the cancellation of your Subscription. If you provide us with a valid payment method before your Subscription is cancelled, your Subscription Period will remain unaffected and you will be charged subsequent Renewal fees based on the originally scheduled Subscription Period (not the date you provided us with the new eligible payment method).

ArtsInteractive may offer different Subscription prices and Subscription Periods for MITA in the future, and the fees and Subscription Periods for such Subscriptions may vary. If your Subscription is cancelled for any reason and you subsequently re-subscribe to MITA, your new Subscription will be subject to the fees and Subscription Periods available at the time of re-subscription and you will not be eligible for any special rates available exclusively to new subscribers.

3. Subscription Changes and Cancellations:

YOU MAY CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME BY VISITING THE MY ACCOUNT PAGE ON ARTSINTERACTIVEINC.COM AND ADJUSTING YOUR SUBSCRIPTION SETTINGS. WE DO NOT ASSESS FEES FOR SUBSCRIPTION CHANGES OR CANCELLATIONS. IF YOU CANCEL, YOU WILL NOT BE CHARGED ON THE DATE THAT YOUR NEXT SUBSCRIPTION PERIOD WOULD NORMALLY BEGIN. YOU MAY CONTINUE TO ACCESS THE SUBSCRIPTION VERSION OF MITA THROUGH THE END OF THE SUBSCRIPTION PERIOD IN WHICH YOU CANCELLED AND, IN MANY CASES, CONTINUE TO USE MITA SAMPLER OR ANOTHER FREE VERSION OF THE PROGRAM THEREAFTER. REFUNDS WILL NOT BE GIVEN FOR SUBSCRIPTION PAYMENTS ALREADY PROCESSED EXCEPT AS OUTLINED IN THIS AGREEMENT.

ArtsInteractive may suspend or in its sole option cancel your Subscription if you fail to pay any amounts required under this Agreement in a timely fashion. In cases of cancellations due to failed payment, you may subsequently re-subscribe without ArtsInteractive’s written approval.

4. Term and Termination of This Agreement:

The term of this Agreement shall commence upon your first use of MITA or payment of a Subscription fee—whichever is first—and continue unless terminated as provided in this Agreement.

Upon termination of this Agreement, all rights to MITA terminate immediately.

Because this Agreement governs both the use of MITA itself and MITA Subscriptions, in order to terminate this Agreement you must: (1) uninstall MITA from your computer; and (2) (in the case of subscribers) cancel your Subscription. As noted in this Agreement, you may have the opportunity to use a free version of MITA after cancelling a paid Subscription. It is worth noting, therefore, that if you do not uninstall MITA after cancelling a Subscription this Agreement will continue to apply to your use of any version of MITA.

ArtsInteractive may at any time and without advance notice modify, restrict, terminate, or cancel your use of and/or Subscription to MITA if ArtsInteractive determines, in its sole discretion, that your use of MITA: (1) violates this Agreement; (2) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (3) violates any intellectual property rights of ArtsInteractive or a third party; (4) violates any export or import regulations; (5) is disruptive or causes a malfunction of MITA; or (6) may expose ArtsInteractive to potential legal liability. In such cases of violation, subscribers remain liable for the full charge for the Subscription Period during which MITA is suspended, cancelled, and/or terminated. If ArtsInteractive terminates this Agreement due to such a violation, you agree not to re-register for or otherwise access MITA without ArtsInteractive’s prior written approval. ArtsInteractive and/or its agent may delete any data files associated with your use of MITA upon termination of this Agreement.

5. Account Usage and Responsibilities:

Your account information will be handled in accordance with the practices set forth in the ArtsInteractive Privacy Policy.

You agree to comply with all applicable laws and regulations, including, but not limited to, those related to copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify ArtsInteractive promptly if you suspect unauthorized use of your account. Until you notify ArtsInteractive, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify ArtsInteractive immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of MITA.

6. Availability of Program, Content, and Features:

MITA will be accessible twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of service due to causes beyond the control of ArtsInteractive or which are not reasonably foreseeable by ArtsInteractive, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. From time to time, ArtsInteractive may choose in its sole discretion to add, change, or remove MITA’s content and features.

7. Refunds for Subscriptions:

IF YOU CANCEL YOUR SUBSCRIPTION WITHIN 30 DAYS AFTER ITS START OR 3 DAYS AFTER ITS RENEWAL, ARTSINTERACTIVE WILL REFUND THE COST OF YOUR MOST RECENT SUBSCRIPTION FEE UPON REQUEST. IF YOU CANCEL AT ANY OTHER TIME, YOU WILL NOT BE ELIGIBLE FOR A REFUND.

IF MITA BECOMES UNAVAILABLE DUE TO A PROBLEM WITH ARTSINTERACTIVE’S SERVERS OR SOFTWARE, ARTSINTERACTIVE WILL REFUND, UPON REQUEST, THE COST OF YOUR SUBSCRIPTION FOR THE SUBSCRIPTION PERIOD DURING WHICH THE PROBLEM OCCURRED, PRORATED BASED ON THE NUMBER OF DAYS MITA WAS UNAVAILABLE FOR ANY AMOUNT OF TIME. THIS REFUND IS ONLY AVAILABLE TO SUBSCRIBERS AND IS THE ONLY FINANCIAL REMEDY AVAILABLE IF MITA BECOMES UNAVAILABLE.

8. Disclaimer of Warranties:

MITA IS PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND; AND ARTSINTERACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. ArtsInteractive does not warrant that MITA will meet your requirements, that the operation of MITA will be error-free, or that defects in MITA will be corrected. ArtsInteractive does not warrant or make any representation regarding the use or the results of the use of MITA or related documentation in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application, or otherwise. No oral or written information or advice given by ArtsInteractive or its authorized representatives outside of this Agreement shall create a warranty or in any way increase the scope of this warranty. You are entirely responsible for and assume all risk for your use of MITA. You should not use MITA in high-risk activities where substantial damage could result if an error occurred. ArtsInteractive does not warrant or represent that its security procedures will prevent the loss of or improper access to your data. ArtsInteractive is not responsible for transmission errors or corruption or security of information carried over telecommunication lines.

9. Limitation of Liability:

IN NO EVENT SHALL ARTSINTERACTIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR MITA, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ARTSINTERACTIVE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ARTSINTERACTIVE IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

10. Third-Party Content:

YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET ARE CREATED AND MAINTAINED BY THIRD PARTIES AND THAT PORTIONS OF SUCH MATERIALS MAY BE OBSCENE, OFFENSIVE, SEXUALLY EXPLICIT, OR ILLEGAL. THIRD-PARTY CONTENT MAY NOT BE AVAILABLE IN ALL LANGUAGES AND/OR LOCATIONS. IN NO EVENT SHALL ARTSINTERACTIVE BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH MITA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MITA AND THE INTERNET GENERALLY. ARTSINTERACTIVE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD-PARTY MATERIALS PROVIDED THROUGH HYPERLINKS.

11. Exclusive Remedy:

Except for the refund policy set forth within this Agreement, your sole right and exclusive remedy for breach of this Agreement by ArtsInteractive if you are dissatisfied for any reason with MITA is to cancel your Subscription as provided in this Agreement.

12. Indemnity:

You shall indemnify and hold ArtsInteractive harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney’s fees and disbursements) which ArtsInteractive may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of your use of MITA, including your use of MITA or any information contained therein. To qualify for such defense and payment, ArtsInteractive must: (1) provide you with prompt written notice of a potential third-party claim; and (2) allow you to control, and fully cooperate with you in, the defense and all related negotiations.

13. Choice of Law and Venue:

This Agreement shall be governed by the law of California. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Los Angeles, State of California.

14. General Terms:

ArtsInteractive may change this Agreement or any aspect of MITA and its Subscriptions without notice to you. Your continued use of and/or Subscription to MITA after ArtsInteractive changes this Agreement constitutes your acceptance of the changes. If you do not agree to the changes, you must uninstall MITA and cancel your Subscription. Your rights and obligations under this Agreement may not be assigned or transferred without written permission of ArtsInteractive. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and/or ArtsInteractive, may be given by conventional first-class mail or by email. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY CHOOSE NOT TO BECOME A USER OF AND/OR SUBSCRIBER TO MITA.

15. How to Contact ArtsInteractive:

The ArtsInteractive team thanks you and hopes that you enjoy exploring music with MITA.