Terms of Use: Muse Auto Application and Device

Last updated: December 20, 2017

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Muse Automobile application (the “Application”) or Muse Auto Device (the “Device”) operated by Speak Music Inc. (“us”, “we”, or “our”). Your access to and use of the Application is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Application. By accessing or using the Application you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Application.

Intellectual Property

The Application and its original content, features, and functionality are and will remain the exclusive property of Speak Music Inc. and its licensors. The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Application without the prior written consent of Speak Music Inc. The Application may only be used with the Muse Auto Device. You agree that you will only access your account and agree not to use the account or log-in information that is not yours. You agree that you personally own a license to access any 3rd party content including music subscriptions or you may not access 3rd party content using the Muse Auto device or Application. You agree not to reverse engineer the Muse Auto device or Application and will not alter the Device or Application in any way.

Amazon, Alexa, and all related logos and motion marks are trademarks of Amazon.com, Inc. or its affiliates. The Bluetooth word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Speak Music is under license.

Links To Other Websites

Our Application may contain links to third party websites or Applications that are not owned or controlled by Speak Music Inc. Speak Music Inc. has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or Applications. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Speak Music Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Applications available on or through any such third party websites or Applications. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or Applications that you visit.

Termination

We may terminate or suspend your access to the Application immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Speak Music Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Application, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Speak Music Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Speak Music Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.

Motor Vehicle Operation

You should not set-up the Muse Auto Device or Application on your phone while operating a motor vehicle. Set up or using the Application in any way other than by Voice activation while driving may cause a distraction, which could result in personal injury or death. Perform these actions only while your vehicle is not in operation.

Drivers under age 25 are more susceptible to distractions while driving, which could result in personal injury or death. All drivers must use extreme caution while operating any mobile application even if they are using voice commands.

State and local laws and regulations may limit or prohibit the use of mobile phones or streaming audio technology while driving. For example, novice drivers and school bus drivers are prohibited from using a cell phone and/or texting while driving in most jurisdictions, and may also be prohibited from using Muse Auto or other voice-operated technology. Users should consult applicable laws and regulations prior to use of Muse Auto to ensure full compliance with any restrictions and limitations.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Application, and supersede and replace any prior agreements we might have had between us regarding the Application.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Contact Us

If you have any questions about these Terms, please contact us.
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