As of August 1, 2017
Majik Bus Entertainment Inc. (“Majik Bus”, “our”, “us” or “we”) provides the majikbus.com website and applications.
1. DESCRIPTION OF WEBSITE AND SERVICES
The Website offers sample clips of music and related information that may be licensed to prospective users by the applicable rights holders and/or right administrators solely for professional production uses. The Website is intended for business-to-business use, and is not intended for use by consumers.
Majik Bus reserves the right, in its sole discretion, and for any reason, to modify, restricting, suspend, cancel, or discontinue any aspect of the Website, including, but not limited to, catalogue content, features or availability, without notice or penalty.
Majik Bus uses current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse, however no website is 100% secure or risk-free. By operating the Website, Majik Bus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non- harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Majik Bus disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. By linking to a non-Majik Bus website or webpage, Majik Bus does not represent or imply that it endorses such website or webpage or any additional links contained therein. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Majik Bus disclaims any responsibility for any harm resulting from your use of non-Majik Bus websites and webpages. In addition, it is your responsibility to review, understand and comply with the appropriate terms of service of such linked websites. In no event shall Majik Bus be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of such linked websites or the information or material accessed therefrom.
4. Copyright Infringement/TERMINATION RIGHTS
As Majik Bus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Majik Bus violates your copyright, you are encouraged to notify Majik Bus at info@MajikBus.com. Majik Bus will respond to all such notices, including as required or appropriate. Without limiting any other rights or remedies, Majik Bus may be entitled to, Majik Bus will terminate you access to and use of the Website if you are determined to be an infringer of the copyright or other intellectual property rights or other rights of Majik Bus or others. In the case of such termination, Majik Bus will have no obligation to provide a refund of any amounts previously paid to Majik Bus.
5. Intellectual Property OWNERSHIP
This Agreement does not transfer from Majik Bus to you any Majik Bus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Majik Bus or the rights holders, as applicable. Majik Bus and all other trademarks, service marks, graphics and logos used in connection with Majik Bus, or the Website are trademarks or registered trademarks of Majik Bus or Majik Busʼ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Majik Bus or third-party trademarks. Except as otherwise provided under this Agreement or related agreement that you and Majik Bus or its agents may enter into, your use of the Website does not grant you a license to any music, content, features or materials available on the Website. Any commercial use of the Website is strictly prohibited, except as allowed hereunder. You may not download or save a copy of any of the Website content except as otherwise permitted by Majik Bus. You acknowledge and agree that you will have no right to utilize the music, content, features or materials on the Website until a license agreement is provided to you by Majik Bus, music representatives, rights holders and/or administrators, as applicable is fully-executed and you fulfill all payment and other terms and conditions set forth therein.
Majik Bus reserves the right, at its sole discretion, to modify or replace any part of this Agreement without notice to you. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Majik Bus may also, in the future, change its services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
The Website, including without limitation, all content, functions, materials and services is provided “as is”. Majik Bus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of accuracy of information, usefulness, data processing services or uninterrupted access, merchantability, fitness for a particular purpose, title and non-infringement. Neither Majik Bus nor its suppliers and licensors, makes any warranty that the Website or the functions, features or content or services contained therein will be timely, secure, error free, that any defects will be corrected or that access thereto will be continuous or uninterrupted. Majik Bus makes no warranty that the Website will meet user requirements, no advice, results or information obtained by Majik Bus or through the website will create any warranty not expressly stated herein. Majik Bus does not endorse, warrant or guarantee any content or services offered or provided by or on behalf of third parties on or through the website. Majik Bus is not a party to, and does not monitor, any transaction between users and third party providers of content or services.
You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability.
In no event will Majik Bus, or its directors, officers, employees, agents, affiliates, suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, exemplary, punitive or consequential damages arising from or directly or indirectly related to the use of the Website (or inability to use the Website) or any content, materials, functions related thereto. Including without limitation, loss of revenue or anticipated profits or lost business, data or sales, even if Majik Bus or its agents or representatives had been advised of the possibility of such damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by users to Majik Bus or its suppliers under this Agreement during the twelve (12) month period prior to the cause of action. Majik Bus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. OBLIGATIONS, Representations and Warranties
Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Website or otherwise in any way exploit any of the content of the Website, in whole or in part
Subject to applicable laws, Majik Bus reserves the right, in its sole and absolute discretion, to deny any user access to the Website (or any portion of them) without prior notice if such user engages in conduct or activities that Majik Bus, in its sole discretion, believes violates any part of this Agreement, violates the rights of Majik Bus or its agents, suppliers or other third parties, or otherwise inappropriate for continued access.
You agree to indemnify and hold harmless Majik Bus, its affiliates, contractors, and its licensors, and each of their respective directors, officers, employees and agents from and against any and all claims, liabilities, costs and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
GOVERNING LAW/RESOLUTION OF DISPUTES
This Agreement, and any access to or use of the Website will be governed by the laws of the Province of British Columbia. Your use of the Website may be subject to other local, state, national, and international laws. Any dispute or claim between you and us relating to or arising out of the Website or the Agreement (except for any disputes that qualify for Small Claims Court of British Columbia) will be referred to and determined exclusively through binding confidential arbitration conducted in Vancouver, British Columbia, Canada. The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable British Columbia arbitration statute. The arbitration will not be open to the public or media and and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.
The Website is operated from our offices in Canada. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
UNAUTHORIZED USE AND TERMINATION
You agree to use the Website only for authorized and legal activities. Subject to applicable laws, Majik Bus reserves the right, in our sole discretion, to terminate your access to all or part of the Website, with or without notice and for any reason whatsoever
Key Licensing Terms
All music compositions and recordings in the production catalogue are protected by applicable copyright law. A Licence for any use must be obtained from Majik Bus, on behalf of the music representative(s), rights owner(s) or rights administrator(s). Unauthorized use in any form constitutes a violation of copyright law.
Applications for a License must be made by phone, mail, or online to Majik Bus. If requests are made on a “rush” basis, the user may be subject to a higher License fee being charged, to be decided in Majik Bus’ discretion.
Master and Synchronization Rights
A valid License with Majik Bus or the applicable music representative(s), rights owner(s) or rights administrator(s) will grants you the right to both the recording (master) and the composition (musical copyright) more commonly referred to as the synchronization right to synchronize music with visual images and to mechanically reproduce the copyrighted music in soundtracks.
Performing rights licenses are the responsibility of the user. In the case of broadcast (e.g., radio, TV, etc.) it is usually the responsibility of the broadcaster to obtain public performing licenses with the applicable performing rights organizations. You expressly acknowledge and agree that Majik Bus does not maintain, nor will it maintain, any public performance license with any of the end-user broadcaster or transmitters of the musical content or material granted under any Licence.
Withdrawal of Permission
If there is a change of circumstances during the Licence term as a result of which the rights holder(s) reasonably believes that it does not have, or no longer has, the rights necessary to authorize the user to use any content as provided for in the Licence, or the rights holder reasonably believes that the user’s use of such content will violate the terms of any of third party agreements (e.g. with the copyright owner, songwriter, publisher, artist, producer or distributor) then Majik Bus shall have the right to withdraw, upon written notice to the user, authorization for other uses of such content. Following such notice, the user shall cease to use or cause such cessation of use where possible, and as soon as is commercially feasible after the user’s receipt of such notice, and Majik Bus shall use commercially reasonable efforts to clear such withdrawn content and shall promptly notify the user if and when such content has been cleared and is again authorized for use by the user.