Your use of and access to this website, application, and associated data (collectively, the "Museboat Live Content" as more fully defined in Section 2.1 below)
is subject to these terms and conditions ("Terms"). You hereby accept these Terms by using or accessing the MBL Content.
Unless otherwise indicated, the Terms below apply to all Users of the Museboat Live Content.
1. ACCEPTANCE OF TERMS
1.1 These Terms are entered into by and between you and Museboat Live (MBL) and one or more of its affiliates.
If you are using the Museboat Live Content on behalf of your employer, you accept these terms on your and your employer's behalf (and any reference to "you" or "your"
includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer's behalf,
and that your employer agrees to indemnify you and MBL for violations of these Terms.
If you do not agree to all of the terms herein or are dissatisfied with the MBL Content, your sole remedy is to stop using the MBL Content.
2. DESCRIPTION OF MBL Content
2.1 The term "MBL Content" means this website and any and all Content, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources,
tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials,
products, services or technology owned by MBL or its affiliates, licensors, partners or end users or made available to you by MBL directly or indirectly
(e.g. on MBL Content, via hyperlinks or otherwise). MBL controls and operates MBL Content from various locations and makes no representation that the MBL Content
is appropriate or available for use in any or all locations. MBL Content may not be available in your location, and MBL Content may vary among locations.
Upgrades, updates, maintenance and support of MBL Content are provided by MBL at its sole discretion.
2.2 Subject to these Terms, MBL hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the MBL Content as intended
and permitted by MBL solely for your personal, non-commercial use. You agree not to access or use the MBL Content through any interface other than the one provided by MBL
for such access and use. No other use is permitted without the prior written permission of MBL. The permitted use described in this paragraph is contingent on your compliance
at all times with these Terms.
2.3 As between you and MBL, MBL and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the MBL Content including,
without limitation, any and all intellectual Content and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations.
You receive no ownership rights or other rights in the MBL Content (other than rights to use MBL Content as expressly permitted in and subject to these Terms)
and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest MBL's ownership of the MBL Content.
3. YOUR OBLIGATIONS AND CONDUCT; Payment, Fees, and Other Charges.
3.1 In consideration of your use of the MBL Content, you agree to:
(a) provide accurate, current, and complete information about you on any registration form, if any, and in your MBL account, if any, and on the MBL Content (the "Registration Data");
(b) maintain the security of your password and identification, if any;
(c) maintain and promptly update the Registration Data, and any information you provide to MBL, to keep it accurate, current and complete;
(d) comply with these Terms and all applicable laws, rules and regulations; and
(e) accept all risks of unauthorized access to information and Registration Data.
You have sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections,
technology and other services you use to access or otherwise use in connection with the MBL Content. You are responsible for all activities that occur using your password,
user names and/or MBL account, regardless of whether such activities are undertaken by you or a third party.
3.2 You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the MBL Content.
You agree not to upload, post or otherwise transmit via the MBL Content information that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to MBL or other users of the MBL Content;
(b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations;
(c) violates or infringes anyone's intellectual Content, publicity or other rights or is tortious; or
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment.
MBL reserves the right to edit or remove any information that violates these Terms or that contains third-party commercial advertisements.
3.3 You agree that you will not use the MBL Content to:
(a) transmit spam, bulk or unsolicited communications;
(b) pretend to be MBL or someone else, or spoof MBL's or someone else's identity;
(c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content;
(d) misrepresent your affiliation with a person or entity;
(e) disrupt the MBL Content or normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the MBL Content;
(f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law,
including, but not limited to, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation,
stalking, or making threats of harm; or
(g) collect, store or provide to MBL any personal data about other users unless specifically authorized in writing by such users and MBL.
3.4 In addition to the other terms and conditions herein, the following shall apply to you if any lyrics are provided to you or otherwise displayed or used on MBL Content:
Usage of lyrics is limited to your personal, non-commercial use in accordance with the terms of this Agreement.
You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from,
sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the lyrics so provided.
You agree that you are not granted any so-called "karaoke" or "sing-along" rights to lyrics and you shall not seek to or remove any vocal track from a sound recording
that shall be associated with a lyric provided to you. You agree not to assign, transfer or transmit any lyrics to any third party.
You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the lyrics from any unauthorized usage.
4. YOUR CONTENT
(including, without limitation, on or in connection with the MBL Content) shall be deemed to be provided on a nonconfidential basis and is intended for public consumption.
MBL shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose, and you grant MBL and all other users of the MBL Content an irrevocable,
perpetual, worldwide, royalty-free, nonexclusive license to use, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell and publish such content
on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing licenses and rights, including, without limitation,
the grant of rights for the worldwide transfer and processing among MBL, its affiliates, and third-party providers of any information and content that you may provide via the MBL Content. MBL is not directly or indirectly responsible or liable for and shall have no obligations with respect to any content you provide to MBL or place on the MBL Content, including, without limitation, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content by any party.
5. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT
You may find third party content and/or links to third party Internet sites or resources in or on the MBL Content. You acknowledge and agree that MBL is not responsible
for activities of third parties or the availability of such content or external third party sites or resources, and MBL does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or available from such sites or resources or from third parties.
MBL will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content,
goods or services.
You agree to indemnify and hold MBL and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents,
licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including,
without limitation, lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys' fees,
due to, relating to or arising out of your content, Content or any information or materials you provide or provided to MBL, use of or access to MBL Content by you and/or your affiliates,
shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives
(including, without limitation, any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF MBL Content
MBL may provide notice to you via email, regular mail, or posting notices or links to notices via the MBL Content. MBL and its designees reserve the right to,
at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the MBL Content (or any part thereof or related information or files),
and/or your use of or access to the foregoing, with or without notice and in its sole discretion.
If you breach these Terms, these Terms and any and all of your rights to use or access MBL Content shall immediately and automatically cease and terminate.
MBL will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the MBL Content
(or any part thereof or related information or files), or loss of related information.
8. ADVERTISEMENTS AND PROMOTIONS
MBL may run advertisements and promotions on the MBL Content, including, without limitation, on behalf of third parties. Your correspondence or business dealings with,
or participation in promotions of, advertisers or companies other than MBL found on or through the MBL Content, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or company.
MBL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements
or promotions on the MBL Content.
9. INTELLECTUAL Content RIGHTS
9.1 Except as expressly authorized by MBL, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute,
mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the MBL Content, in whole or in part,
by any means. You may not, for example, publish any portion of the MBL Content (or links thereto) on any internet, intranet or extranet site or incorporate the MBL Content
in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software MBL discloses to you,
and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms
or digital rights management systems.
9.2 "MBL Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations MBL uses in connection with its products and services.
You agree to comply with MBL's trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any MBL Trademarks,
or co-brand your own products or material with MBL Trademarks, without MBL's prior written consent.
You acknowledge MBL's rights in MBL Trademarks and agree that any use of MBL Trademarks by you shall inure to MBL's sole benefit.
You agree not to incorporate any MBL Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations,
for use on or in connection with computer or Internet-related products, services or technologies.
9.3 MBL is committed to respecting others' intellectual Content rights, and we ask our users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement on MBL Content, please contact our ----------------Copyright Agent
in accordance with our Copyright Policy which is available here and incorporated into these Terms.
9.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion
or other doctrine of law, equity or otherwise with respect to any MBL Content or any other product, content, technology, intellectual Content or service of MBL or its affiliates,
licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use MBL Content on any platform or device,
in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel,
implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of MBL or its affiliates, licensors or partners.
Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from MBL or its affiliates,
licensors or partners.
10. DISCLAIMER OF WARRANTIES
10.1 YOUR USE OF THE MBL Content, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED.
MBL AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE
ON THE MBL Content. THE MBL Content IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. MBL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
MBL MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE MBL Content.
10.2 MBL MAKES NO WARRANTY OR REPRESENTATION THAT:
(A) THE MBL Content WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE;
(B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MBL Content WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE;
(C) THE QUALITY OF ANY MBL Content OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE MBL Content WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR
(D) ANY ERRORS OR DEFECTS IN THE MBL Content WILL BE CORRECTED.
10.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR Content OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MBL Content
(INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO MBL Content), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
11. LIMITATION OF LIABILITY
11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, MBL IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF
OR IN CONNECTION WITH THE MBL Content, EVEN IF MBL HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE,
WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO:
(A) THE USE OF OR THE INABILITY TO USE THE MBL Content;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MBL Content;
(C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS;
(D) DEATH OR PERSONAL INJURY OR (E) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
11.2 TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY,
BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.
12. GENERAL TERMS
12.1 The Terms constitute the entire agreement between you and MBL relating to the subject matters herein, and cancel and supersede any prior versions of the Terms.
No modifications made by you to the Terms will be binding on MBL unless in writing and signed by an authorized MBL representative.
MBL reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice.
MBL may notify you of any such changes solely by changing these Terms and making them available on this website.
Your continued use of the MBL Content after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.
You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply
when you use MBL or third-party products or services.
12.2 You agree that any material breach of Sections 3, 4, 5, 6, 9 and 10 of the Terms will result in irreparable harm to MBL for which damages would be an inadequate remedy and,
therefore, in addition to its rights and remedies otherwise available at law, MBL will be entitled to equitable relief, including both a preliminary and permanent injunction,
if such a breach occurs. You waive any requirement for the posting of a bond or other security if MBL seeks such an injunction.
12.3 Slovak (EU) law govern any action related to the Terms and/or your use of the MBL Content.
Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms.
You and MBL agree to submit to the personal and exclusive jurisdiction of the courts located within the Slovakia.
12.4 The MBL Content and products derived or obtained from the MBL Content may be subject to the U.S. export laws, rules and regulations and the export or import laws,
rules and regulations of other countries. You agree to comply strictly with all such laws, rules and regulations and, in particular, shall:
(a) obtain any export, re-export, or import authorizations required by U.S. or your local laws;
(b) not use MBL Content or anything derived from the MBL Content to design, develop or produce missile, chemical/biological, or nuclear weaponry; and
(c) not provide MBL Content or anything derived from the MBL Content to prohibited countries and entities identified in the U.S. export regulations.
12.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
12.6 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced
with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
12.7 In the event of a conflict between these Terms and any other agreements between you and MBL, MBL shall determine in its discretion which terms shall govern.
12.8 This English language version of these Terms governs your relationship with MBL and any translations of the Terms into another language shall not be binding on MBL.