Terms of Service
Welcome to MusicXen. These Terms of Service (the "Terms") are a legal agreement between you and MusicXen ("MusicXen," "we," "us," or "our") and govern your access to and use of the MusicXen website, applications, and related services (together, the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy and Anti-Spam Policy, which are incorporated by reference. If you do not agree, do not use the Service.
1. The Service
MusicXen is a platform for musicians, bands, venues, promoters, and fans. It provides profiles, music hosting and playback, tools for discovering members and venues, show booking tools, performance agreements between members, event promotion, messaging, and listening-history features. The Service is evolving: features may be added, changed, or removed at any time. We may suspend or discontinue any part of the Service with reasonable notice where practicable.
2. Eligibility and Accounts
- You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian.
- Some features are age-restricted. Venues may set age policies (for example, 18+ or 21+) for their premises and shows. You agree to provide an accurate date of birth, and you understand that a member's eligibility for an age-restricted booking is checked against the date of birth on their profile.
- You are responsible for the accuracy of your account information, for keeping your password confidential, and for all activity under your account. Notify us promptly of any unauthorized use.
- Access may be invite-only. An invitation is personal to the person it was issued to and may not be sold, traded, or transferred.
- One person may not maintain multiple accounts to evade limits, enforcement, or bans.
- Do not register a username that is the name of a famous band, artist, person, or brand that is not yours. Such names may be reclaimed and reassigned at our discretion.
3. User Content and Your License to Us
You retain ownership of the music, recordings, images, text, and other content you submit, upload, or post ("User Content"). By submitting User Content, you grant MusicXen a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify (for formatting and delivery), stream, publicly perform, publicly display, and distribute your User Content solely in connection with operating, providing, and promoting the Service. This license ends when you delete the content or your account, except that (a) copies may persist in backups for a limited time, and (b) content shared with other members (for example, media in a show's media pool) may remain available to those members as described in the Privacy Policy.
You represent and warrant that you own or have all rights necessary to submit your User Content and to grant this license, and that your User Content does not infringe the rights of any third party. You are solely responsible for your User Content.
4. Music, Copyright, and the DMCA
Only upload music, recordings, lyrics, artwork, and other material that you created or that you have the legal right to distribute. If you believe content on the Service infringes your copyright, send a notice to our designated agent at musicxen@gmail.com containing: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and its location on the Service; (4) your contact information; (5) a good-faith statement that the use is not authorized; and (6) a statement, under penalty of perjury, that the notice is accurate and you are authorized to act. If your content was removed in error, you may send a counter-notification with the information required by 17 U.S.C. § 512(g). It is our policy to terminate, in appropriate circumstances, the accounts of repeat infringers.
5. Bookings and Performance Agreements
- MusicXen is a platform and an intermediary tool only. When a band and a venue (or their agents) arrange a show, any agreement — including a performance agreement generated through the Service — is solely between those members. MusicXen is not a party to it.
- MusicXen is not an employer, agency, manager, or joint venturer of any member, and does not guarantee payment, performance, attendance, or the condition or legality of any venue or event.
- Members are solely responsible for their own obligations, including negotiating terms, honoring signed agreements, taxes, permits, licenses (including performance and liquor licenses), insurance, and compliance with venue age policies and applicable law.
- Electronic signatures and records generated through the Service are binding on the members who make them to the fullest extent permitted by applicable law (including the U.S. ESIGN Act and UETA).
- Disputes about a booking, a payment, or a performance agreement are between the members involved. We may, at our discretion, provide records of activity on the Service to the parties, but we have no obligation to mediate or resolve member disputes.
6. Payments and Fees
Core membership is currently free. Certain features may involve payments between members or fees payable to MusicXen, which will be disclosed before you incur them. Payments processed by third-party processors are subject to those processors' terms. MusicXen is not responsible for payment disputes between members, which must be resolved between the parties and their processors.
7. Acceptable Use
You agree not to:
- Violate any law or regulation, or infringe any third-party right;
- Post or transmit content that is defamatory, harassing, hateful, threatening, sexually exploitative, or that exploits minors in any way;
- Impersonate any person or entity, or misrepresent your affiliation, credentials, or identity;
- Send spam or unsolicited bulk communications (see our Anti-Spam Policy);
- Circumvent the invite system, age-verification features, security measures, or access controls;
- Scrape, crawl, or harvest data or contact information from the Service except as expressly permitted, or use automated means to create accounts or send messages;
- Upload malware, attempt to disrupt the Service, probe for vulnerabilities without authorization, or interfere with other members' use;
- Manipulate reviews, ratings, play counts, reactions, or charts;
- Use the Service to facilitate the sale of unlawful goods or services.
8. Reviews and Ratings
Reviews and ratings must reflect genuine experiences and opinions. You may not review yourself, your own band, or your own venue under another identity, pay for reviews, or retaliate against honest reviews. We may remove reviews that violate these Terms.
9. Third-Party Services
The Service integrates with third-party services (for example, Last.fm for listening-history import, and Firebase for phone verification and push notifications). Your use of those integrations is also subject to the third parties' terms, and we are not responsible for third-party services.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MEMBER CONTENT, PROFILES, OR STATEMENTS ARE ACCURATE OR RELIABLE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSICXEN AND ITS OWNER, OPERATORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY BOOKING OR AGREEMENT BETWEEN MEMBERS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MUSICXEN IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
12. Indemnification
You agree to indemnify, defend, and hold harmless MusicXen and its owner, operators, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Service, your bookings and agreements with other members, or your violation of these Terms or applicable law.
13. Termination
You may close your account at any time. We may suspend or terminate your access, with or without notice, for violating these Terms or applicable law, or for conduct that harms the Service or other members. Provisions that by their nature should survive termination — including content licenses already granted for shared content, payment obligations, disclaimers, liability limits, indemnification, and dispute resolution — survive termination.
14. Dispute Resolution; Governing Law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service will be resolved by binding arbitration administered in Utah on an individual basis, and you waive any right to a jury trial or to participate in a class action, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief from a court for infringement or misuse of intellectual property. You may opt out of this arbitration provision by emailing musicxen@gmail.com within 30 days of creating your account, stating your name, username, and that you opt out.
15. Changes to These Terms
We may update these Terms. Material changes will be announced on the Service or by email, and the "Last updated" date will change. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. General
If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. These Terms, the Privacy Policy, and the Anti-Spam Policy are the entire agreement between you and MusicXen regarding the Service. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a transfer of the Service. Notices to us must be sent to musicxen@gmail.com.