1. Your Acceptance
2. BreakOut Muzic! Service
These Terms of Service apply to all users of the BreakOut Muzic! Service. Information provided by our users through the BreakOut Muzic! Service may contain links to third party websites that are not owned or controlled by BreakOut Muzic. BreakOut Muzic! has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BreakOut Muzic! will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that BreakOut Muzic! shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. BreakOut Muzic! Access
A. Subject to your compliance with these Terms of Service, BreakOut Muzic! hereby grants you permission to use the Service, provided that:
(i) Your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
(ii) You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without BreakOut Muzic! prior written authorization;
(iii) You will not attempt to reverse engineer, alter or modify any part of the Service; and
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide BreakOut Muzic! with your valid email address, your location, which includes your country, state and city. You expressly acknowledge and agree that in order to provide the Service, BreakOut Muzic! may use your location information to make suggestions or recommendations of any of our services that are location-based to you. When providing your email address and location information, you must provide accurate and complete information. You hereby give your express consent to BreakOut Muzic! to use your email address and location information in order to provide and use the Service. You are solely responsible for the names and contact information that you submit and that are displayed for your account on the BreakOut Muzic! Service. You must notify BreakOut Muzic! immediately of any breach of security or unauthorized use of your account. Although BreakOut Muzic! will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BreakOut Muzic! or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request contents to the BreakOut Muzic! servers in a given period of time than a human can reasonably produce in the same period by using a BreakOut Muzic! application and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, BreakOut Muzic! grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BreakOut Muzic! reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by BreakOut Muzic! clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including email address, location information and contacts information, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the BreakOut Muzic! Service along with BreakOut Muzic! created text, scripts, graphics, interactive features and the like, except Contents Shared (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BreakOut Muzic!, subject to copyright and other intellectual property rights under Nigeria and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. BreakOut Muzic! reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Contents of third parties obtained through the Service for any commercial purposes.
5. Contents Submission
A. The BreakOut Muzic! Service allows BreakOut Muzic! users to submit contents i.e. text, photos, account photos and other communications submitted by you, as well as the automatic submission of your platform (collectively, the " Contents Submissions"). These Contents Submissions may be hosted, shared, and/or published as part of the BreakOut Muzic! Service, and may be visible to other users of the Service and which you have not expressly blocked. For clarity, posts and photos, and profile photos that you post directly under an interest will only be viewable by all BreakOut Muzic! account(s) that come across them either through your trends or through search box, unless the account is blocked by you. Using this Service indicates that you acknowledge and agree that any Contents Submissions may be globally viewed by other accounts that come across them either through your Trends or Search Box, so don’t submit or post contents, text, photo, location information, name or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Contents Submission to the Service. The submission of the platform you are using to post is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Contents Submissions. You understand that whether or not such Contents Submissions are published, BreakOut Muzic! does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Contents Submissions and the consequences of posting or publishing them. Because BreakOut Muzic! is only acting as a repository of data, user submitted contents i.e. texts, posts, photos, location data, email address and contact information do not necessarily represent the views or opinions of BreakOut Muzic!, and BreakOut Muzic! makes no guarantees as to the validity, accuracy or legal status of any contents. In connection with Contents Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BreakOut Muzic! to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Contents Submissions to enable inclusion and use of the Contents Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Contents Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contents Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Contents Submissions, but you have to have the rights in the first place. However, by submitting the Contents Submissions to BreakOut Muzic!, you hereby grant BreakOut Muzic! a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Contents Submissions in connection with the BreakOut Muzic! Service and BreakOut Muzic!’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the BreakOut Muzic! Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your contents and information on the BreakOut Muzic! Service a non-exclusive license to access your Contents Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Contents Submission from the BreakOut Muzic! Service.
C. In connection with Contents Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BreakOut Muzic! all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BreakOut Muzic! or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. BreakOut Muzic! does not endorse any Contents Submission or any opinion, recommendation, or advice expressed therein, and BreakOut Muzic! expressly disclaims any and all liability in connection with Contents Submissions. BreakOut Muzic! does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and BreakOut Muzic! will remove all posts, accounts and Contents Submissions if properly notified that such post, accounts or Contents Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the email address and account name of the BreakOut Muzic! user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to feedback at BreakOut Muzic.com. BreakOut Muzic! reserves the right to remove posts, accounts and Contents Submissions without prior notice. BreakOut Muzic! may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Contents Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized BreakOut Muzic! employees, agents, subagents, superagents or superheros. BreakOut Muzic! also reserves the right to decide whether post, accounts or a Contents Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. BreakOut Muzic! may remove such Contents Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the BreakOut Muzic! Service you will be exposed to Contents Submissions from a variety of sources, and that BreakOut Muzic! is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contents Submissions, and that such Contents Submissions are not the responsibility of BreakOut Muzic!. You further understand and acknowledge that you may be exposed to Contents Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BreakOut Muzic! with respect thereto, and agree to indemnify and hold BreakOut Muzic!, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the BreakOut Muzic! Service.
F. BreakOut Muzic! permits you to link to materials on the Service for personal purposes only. BreakOut Muzic! reserves the right to discontinue any aspect of the BreakOut Muzic! Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BREAKOUT MUZIC! SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BREAKOUT MUZIC!, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. BREAKOUT MUZIC! MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR CONTACTS INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BREAKOUT MUZIC! SERVICE. BREAKOUT MUZIC! DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BREAKOUT MUZIC! SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY CONTENTS SUBMISSION OR OTHER ADVERTISING, AND BREAKOUT MUZIC! WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT BREAKOUT MUZIC! SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by BreakOut Muzic! from its facilities in Nigeria. BreakOut Muzic! makes no representations that the BreakOut Muzic! Service is appropriate or available for use in other locations. Those who access or use the BreakOut Muzic! Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless BreakOut Muzic!, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BreakOut Muzic! Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Contents Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the BreakOut Muzic! Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the BreakOut Muzic! Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the BreakOut Muzic! Service. BreakOut Muzic! is the developer of the Service, info at BreakOut Muzic.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BreakOut Muzic! without restriction.
The Information BreakOut Muzic! Collects
BreakOut Muzic! may obtain the following types of information from or concerning you, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your email address, account name, account description, contacts information to BreakOut Muzic! when choosing to participate in various uses of the BreakOut Muzic! Service, such as registering as a user, or updating your account information. In order to provide the BreakOut Muzic! Service, BreakOut Muzic! will periodically access your memory card to push and pull our data and settings for your account.
Log File Information: When you use the BreakOut Muzic! Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone, platform you are using to make request to our server. When you use the BreakOut Muzic! Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any information, including time and date stamps and the platform the requests were sent from and to.
The Information BreakOut Muzic! Does Not Collect
BreakOut Muzic! does not collect your real names, addresses or phone contacts information from its users’ mobile address book or contact lists other than email address, and the contacts you specify by yourself through which you want other users to contact you.
The Way BreakOut Muzic! Uses Information
When BreakOut Muzic! Discloses Information
Other users of the BreakOut Muzic! Service may see your Contents Submissions in a way that is consistent with the use of the BreakOut Muzic! Service. For example, another account or user may decide to copy your contents and share it on its own.
We do not sell or share your Personally Identifiable Information (such as email address, location information, or contacts information) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the BreakOut Muzic! Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the BreakOut Muzic! Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal, international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. BreakOut Muzic! also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that BreakOut Muzic! believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the BreakOut Muzic! Site or our servers, and to protect the rights, property, or personal safety of BreakOut Muzic!, our users or others.
Our Commitment To Data Security
BreakOut Muzic! uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to BreakOut Muzic! and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit contents through the BreakOut Muzic! Service is never recommended. Once we receive your transmission of information, BreakOut Muzic! makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If BreakOut Muzic! learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. BreakOut Muzic! may post a notice on the BreakOut Muzic! Site or through the BreakOut Muzic! Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, BreakOut Muzic! does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the BreakOut Muzic! Site or BreakOut Muzic! Service from persons under 16 years of age, and no part of the BreakOut Muzic! Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the BreakOut Muzic! Service or access the BreakOut Muzic! Site at any time or in any manner. If BreakOut Muzic! learns that Personally Identifiable Information of persons under 16 years of age has been collected on the BreakOut Muzic! Site or BreakOut Muzic! Service, then BreakOut Muzic! may deactivate the account and/or make the contents submissions inaccessible. And always, think of the children!
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that BreakOut Muzic! is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified Oct. 29, 2015.