Welcome to Muzix NFT Marketplace and website, accessible at https://app.muzix.io. Muzix, is a Music infused Marketplace and website, registered in Netherlands, whose registered office is located at Leo Gestelstraat 14, 3059 VH Rotterdam, Netherlands.
These terms and conditions constitute a legally binding agreement (the “Agreement”) between you (also referred to herein as “You”, “Participants” or “User”) and Muzix ( “we” or “us”), governing your purchase of any NFT as part of the Muzix services (the “service”). By purchasing any NFT, or accessing and using the Muzix site, you agree to have read, accepted, and agreed to be bound by these Terms. We may revise or amend these Terms at any time at our sole discretion. Any changes to these Terms will be in effect as of the “LAST REVISED” date referred to at the top of this page. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
“Account” means a Muzix account registered on the Muzix site by user;
“Member(s)”: means Buyers and Sellers as well as any holder of an Account.;
"NFT" means a unique digital asset or blockchain (Peer-to-Peer internet currency) related, currency that serves as a NFT and originally offered for sale on Muzix. “Buyer(s)”: means Member(s) that are submitting an offer to buy NFT through the Service.
“Platform” means the Muzix Marketplace accessible via https://app.muzix.io and/or through the Muzix Application;
“Seller(s)”: means Member(s) that are submitting an NFT for sale through the Muzix Marketplace.
“License” means the worldwide, non-exclusive, personal, limited licence, solely with respect to any NFT that you Own or purchase;
“Transaction”: means (i) the purchase of NFT through the Service at a commonly agreed rate ("Purchase Transaction").
“Own” or “Owned” means, with respect to any Token, (a) a user originally purchased from Muzix; or (b) purchased on an Approved Marketplace from a legitimate owner.
“Wallet”: refers to an electronic wallet, which allows you to purchase, store, and engage in transactions using digital currency;
“Website” means the Muzix website accessible at https://app.muzix.io
The Muzix website and Markeplace is open only to individuals who are 18 years and above and have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein and who warrant that such party is the lawful holder thereof.
The site provides you with the ability to purchase, sell, upload and otherwise transact digital asset ("NFT") that can be represented as cryptocurrency ("NFT") on the block-chain Network. Muzix offers Participants or users a perpetual, irrevocable and exclusive right and license to use, reproduce, display any NFT Media they own or purchased on the Marketplace. Muzix is a shared liquidity NFT market which is used by third-parties to provide users the best possible experience. Muzix offers users the opputunity to upload their Music NFT on the Marketplace and/or sell to a new holder who can also hold and hodle the NFT for his/her own personal and non-commercial use.
5. The site is property of Muzix
You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, title,s and interests in and to all elements of the Marketplace. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Marketplace (collectively, the “Muzix Materials”) are owned by Muzix, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Muzix Materials are the copyrighted property of Muzix or its licensors, and all trademarks, service marks, and trade names contained in the Muzix Materials are proprietary Muzix or its licensors. Except as expressly set forth herein, your use of the Marketplace does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Marketplace. We reserve all rights in and to the Muzix Materials not expressly granted to you in the Terms.
6. Artist agrees to mint only "original" works
By Minting a Muzix Item, Artists expressly represent and warrant that their Work is an original creation. Artists are prohibited from Minting Works consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist, not authorized for use by the Artist, not in the public domain, or otherwise without a valid claim of fair use. Artist can only mint works that they personally created and must refrain from minting works to which copyright ownership is unknown or disputed.
Each Artwork available for purchase on the Marketplace is created and initially made available on the Marketplace by (i) Muzix or (ii) by a User, with the prior authorization of Muzix.
In order for Muzix to create an Artwork on the Marketplace, the User must accept additional terms and conditions. The authenticity of this digital asset is certified by the underlying NFT. Muzix is the only one authorized to place, or to authorize a User to place a new Artwork for sale on the Marketplace. Each Artwork placed on sale by Muzix is created and initially placed for sale with the prior authorization of the rights holders. These agreements signed between Muzix and the rights holders allow Muzix to issue NFT’s certifying the authenticity of the Artworks.
Each Artwork is displayed on the Marketplace with a description of the Artwork including an ownership history, in order to know which User(s) has(ve) previously owned the Artwork, and the evolution of price of each Artwork. If the User has chosen not to make their name public to other Users according to the terms herein, this history will only mention their username.
To enjoy the full features of the NFT site, you will be required to register a user account. By registering with us, you agree to provide Muzix with current, accurate, and complete information about Yourself as prompted by the registration process, and to keep such information updated. You further agree that You will not use any Account other than Your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.
You also are responsible for maintaining the confidentiality of Your Account information, including your password, safeguarding your own Digital asset, and for all activity including Transactions that are posted to Your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from You, including authenticating documents, and to freeze any transactions pending our review.
9. Illegal business activity
You may not use Muzix in connection with any illegal, or fraud activities including product, service, transaction or activity that falls within certain illegal business categories and restricted activites.
To complete your Account registration process, we may request a proof of ID from you to carry out an electronic verification of your identity. You may also need to provide us with evidence of your identity and proof of address so that we can complete our anti-money laundering process (AML)/KYC procedures, together with any other information we may request.
Upon confirming your purchase on the blockchain network, you become the owner of the NFT and immediately receives a worldwide, non-exclusive, transferable license to the Works as set forth herein.
12. Marketplace prices & fees
Each NFT price is determined at the moment of Your purchase. You expressly agree that the price is subject to changes. Every transaction on the Muzix Marketplace is subject to Fees collected to support the Artists and the Muzix site. The Muzix site collects a 2.5% Marketplace Fee based on the Sales Price for every Sale of a Muzix Item on the Marketplace. No refunds are permitted on successful purchases or transactions, as accepted and confirmed by Muzix in its sole discretion
By participating in the purchase of any cryptocurrency herein, the buyer or seller confirms that he/she is in compliance with the regulations of his/her country and with the Muzix Terms and Conditions.
13. Transactions are recorded on the public binance blockchain
Transactions that take place on the Marketplace are managed and confirmed via the Binance blockchain. The User understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Marketplace. We neither own nor control the BSC network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Muzix Marketplace. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
14. Liability for using the website
Neither Muzix nor the its licensors shall have any liability to you for any transfers of NFT, you make on the site, including without limitation, (i) any failure, through no fault of Muzix or the Blockchain Network, to complete a transaction in the correct amount, or (ii) any related losses or damages, (iii) responsibility for any, fraudlent activity, (iv) responsibility for any trademark and consent for confidentiality, etc.
15. Attack on the blockchain networks
Muzix cannot prevent or mitigate attacks on blockchain networks and has no obligation to engage in activity in relation to such attacks. In the event of an attack, Muzix reserves the right to take commercially reasonable actions, including, but not limited to, if we confirm that a network is compromised or under attack, immediately halting the Marketplace for such network. Resolutions will be determined on a case-by-case basis by Muzix in its sole discretion. Muzix makes no representation and does not warrant the safety of the Marketplace and you assume all liability for any lost value or stolen property.
16. Restricted activities
You agree that you use if the website and services will not:
- Violates any law or government regulation, or promotes or facilitates such by third parties;
- Violates any rule or regulation of blockchain Network;
- Is fraudulent, deceptive, unfair or predatory;
- Causes or threatens reputational damage to us or any Blockchain Network;
- Is fraudulent, deceptive, unfair or predatory;
- Involves any of the categories listed herein; or
- Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.
You acknowledge and agree that all NFT are made available solely for entertainment purposes. Without limiting the foregoing and subject to your continued compliance with this Agreement, Muzix grants you a worldwide, non-exclusive, personal, limited licence, solely with respect to any NFT that you Own, with such NFT, privately or publicly, solely for your personal, non-commercial purposes unless informed otherwise by the artist of the original work .
The licence granted above (“User Licensed Rights”) applies only to the extent that you continue to Own the applicable NFT. If at any time you sell, trade, donate, give away, or transfer your NFT to another user (“New Owner”) through an Approved site and/or this Marketplace, the licence granted herein shall be transferred to the New Owner, and you will have no further rights in or to the NFT associated with that NFT.
You acknowledge and agree that if at any time you destroy or dispose of your NFT for any reason, or sell, trade, donate, give away, or transfer your NFT other than through an Approved site, the licence granted in the Licence Section will immediately expire with respect to that NFT without the requirement of notice or any further action, and you will have no further rights in or to the NFT.
Your continuous use of the site, mean that you accept all risk associated with any purchase or sale you make via the Marketplace. You acknowledge that you have obtained sufficient information to make an informed decision to purchase a NFT, including carefully reviewing the code of the smart contract of the NFT and fully understand and accept the functions of the same. Certain parts of the site may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”).
Muzix makes no representations whatsoever about any other Site which you may access through this Site. The Site may provide links or other forms of reference to other websites ("External Web Sites") or Resources over which we do not have control ("External Web Sites"). In such case you acknowledge that Muzix is providing these links or references to you only as a convenience. Muzix is not responsible for the availability of, and content provided on, third party Sites. You are requested to review the policies posted by other Sites regarding privacy and other topics before use. Muzix is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
The Muzix business model, and Service, consists of facilitating the buying, selling and uploading of NFTs and their use to purchase in an unregulated, international block-chain system.
By uploading or purchasing any NFT, you acknowledge that there are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Muzix will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network or similar device for processing transactions, however caused.
If you purchase an NFT on the Muzix Marketplace, you own the NFT. Each NFT belongs to the user who purchase and holds it in a wallet. Subject to the legal jurisdiction in which you abide, Muzix grants you a worldwide, royalty-free license to personal and non-commercial use, the NFT. As part of a site that permits the purchase and sale of your NFT, provided that the site cryptographically verifies each owner’s rights. Owning a NFT does not grant you the rights to duplicate, steal, remake, or redo any of the NFT transact with Muzix.
You may terminate this agreement with Muzix, and close your Account at any time, following settlement of any pending transactions. You also agree that Muzix may, by giving notice, in its sole discretion terminate Your access to the Site and to Your Account, including without limitation, our right to: limit, suspend or terminate the service and Members' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. User May Be Removed from the Marketplace Failure to abide by these Terms and/or the Community Guidelines may result in, without limitation, suspension or deletion of the User account, revocation of the Artist’s minting privileges and other permissions to the Muzix Smart Contracts or Marketplace, delisting the User items on the Site, or paying monetary damages. Muzix has the unilateral authority and discretion to remove, suspend, or revoke User access to the Muzix Smart Contracts or any other aspect of the Marketplace.
To the extent there is a price or market for a blockchain asset such as a NFT, such markets and prices are extremely volatile, and variations in the price of other NFTs could materially and adversely affect the value of any NFT(s) You own, and there is no guarantee that Your Licensed NFT will have or retain any value. The market value on a Licensed NFT that You purchase may materially diminish in value as a result of a variety of things such as negative publicity. Muzix will not be responsible for any of these.
26. Smart contracts may change
The User acknowledges that Muzix may modify, change, amend, or replace one or more of the Smart Contracts from time to time. The User agrees that a modification to one or more of the Smart Contracts does not alter any right or obligation conferred by these Terms.
The Muzix site and contents are trademarks or registered trademarks of Muzix. None of the marks, logos, domains, and trademarks that you find on the Muzix Site, the Products, the Services or in the Materials may be used publicly except with express written permission from Muzix and may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Muzix.
If you have any questions or comments about the site or these Terms please contact our customer support team at erik@muzix.io
