mozart

These Terms of Use (the “Terms”) govern the relationship between you and Huzzaz, LLC (“Huzzaz”, “we”, “us”, or “our”) regarding your use of the Mozart application (the “Application”). Please read and review these Terms carefully.

The Application is a video app that gives users a way to watch curated playlists of videos and save videos to their own personal playlists (the “Services”).

1. Acceptance of Terms and Conditions

By downloading, accessing, or using the Application, you acknowledge that you have read, understand, and agree to be bound by the Terms and Privacy Policy, which is incorporated into these Terms by reference, and all applicable laws and regulations. If you do not agree to these Terms, you are not permitted to access or use the Application.

2. Modifications of the Terms

Huzzaz may modify these Terms at any time, and such modifications shall be effective immediately upon either posting of the modified terms or notifying you via the Application. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Application shall be deemed your acceptance of the Terms as modified.

If you disagree with the modifications to the Terms, you may uninstall the Application at any time.

3. Privacy Policy

Huzzaz does not collect any personally identifiable information from users of the Application. More information on our information practices is explained in the Privacy Policy.

4. Permitted and Prohibited Uses

By using the Application, you agree to only use the Application for lawful, non-commercial purposes.

In addition, you agree to never:

• Harm the Application;
• Harm the lawful enjoyment by, or the rights of, any other Application user;
• Gain unapproved access to any information on the Application or the support networks;
• Copy, reproduce, use, or handle any information contained in the Application for any other reason other than those uses expressly granted by these Terms;
• Infringe Huzzaz's or any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
• Provide false, inaccurate, misleading, or fraudulent information;
• Violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and
• Provide any information or material that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Applciation or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.

5. Changes to the Application / Termination

We may from time to time add, replace, modify, or remove features on the Application.

We may end and/or suspend your ability to use or access the Application without notice for any reason, such as if there has been a violation of these Terms by you. You may uninstall the Application at any time.

6. Intellectual Property

All rights, title and interest (including intellectual property rights) in and to the Application is owned by Huzzaz, its affiliates, its partners, and/or its licensors, and is protected under laws and regulations pertaining to copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights. Except as expressly provided herein, any unauthorized use of any content in the Application is a violation of the Terms.

Huzzaz’s trademarks include all common law and registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Huzzaz. All other third-party trademarks appearing on the Application are the property of their respective owners. No right, license or interest in or to such trademarks is granted by these Terms.

7. Limitation of Liability

HUZZAZ WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE APPLICATION, (B) THE UNAVAILABILITY, DELAY, FAILURE, OR INTERRUPTION OF THE APPLICATION OR ANY FEATURES THEREOF, (C) YOUR USE OF THE APPLICATION, OR (D) THE INFORMATION OR CONTENT CONTAINED ON THE APPLICATION.

IN NO EVENT WILL HUZZAZ BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INCOME OR LOSS OF OPPORTUNITY, NOR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR ECONOMIC LOSS ARISING FROM YOUR USE OF THE APPLICATION.

8. Warranties and Disclaimers

WE PROVIDE THE APPLICATION “AS IS”. EXCEPT AS STATED IN THESE TERMS: (I) YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK; AND (II) HUZZAZ EXCLUDES ANY AND ALL EXPRESS AND IMPLIED CONDITIONS AND WARRANTEES ABOUT THE APPLICATION (INCLUDING CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

WE DO NOT GUARANTEE THAT THE APPLICATION WILL BE AVAILABLE, UNINTERRUPTED OR VIRUS OR ERROR-FREE, OR THAT IT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. NO ORAL OR WRITTEN INFORMATION GIVEN BY THE APPLICATION HUZZAZ REPRESENTATIVE SHALL CONSTITUTE A REPRESENTATION, WARRANTY OR CONDITION.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES FOR ANY REASON, YOUR ONLY REMEDY IS TO STOP USING AND UNINSTALL THE APPLICATION.

9. Use by Minors

We are committed to protecting the privacy of children. You should be aware that the Application is not intended or designed to attract children under the age of 13.

10. Assignment

We may assign the Terms at any time. We will post a notification on the Application so that you have the option to stop using the Website or cancel your registration if you do not wish to continue to use the Application under the new ownership. You may not assign this contract to anyone else.

11. Severability

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

12. Choice of Law; Dispute Resolution

These Terms, your use of the Website and/or the Services, and any dispute arising therefrom shall be governed by the laws of the state of California, without reference to its conflicts of law rules. Any action shall be subject to the exclusive jurisdiction of the State and Federal courts located in California, and you irrevocably waive objection to the jurisdiction of such courts.

13. Digital Millennium Copyright Act

a. DMCA Notice

We respect the intellectual property of others. If you are a copyright owner or an agent thereof and believe that any content on the Application infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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 at that site;
• 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;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at mozart@huzzaz.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

b. DMCA Counter-Notice.

If you believe that the content on your playlist that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your playlist, you may send a counter-notice containing the following information to our copyright agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your contact information.

If a counter-notice is received by the copyright agent, Huzzaz may send a copy of the counter-notice to the original complaining party informing that user that it may replace the removed content or cease disabling it in 15 business days. Unless the copyright owner files an action seeking a court order against the user, the removed content may be replaced, or access to it restored at Huzzaz's sole discretion.

14. Indemnification

You agree to defend, indemnify and hold harmless Huzzaz, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Application, your breach or alleged breach of the Terms or of any representation or warranty contained herein, your unauthorized use of the content or Huzzaz’s intellectual property, or your violation of any rights of another.

15. Entire Agreement

These Terms and all other legal notices, additional terms, policies, rules and guidelines posted on the Website and the Services constitute the entire agreement between you and Huzzaz and replace all previous written or oral agreements.

16. Questions or Concerns About Our Terms.

For questions or concerns about these Terms, please send an email to mozart@huzzaz.com.

Last Updated: June 2018