Last Updated: December 18, 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you and Public Image Design LLC, doing business as Musecast.net ("Musecast," "we," "us," or "our"), concerning your access to and use of the Musecast digital signage platform available at musecast.net (the "Service").
By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
To access certain features of the Service, you must register for an account. You agree to:
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or misleading.
We offer various subscription plans with different features, storage limits, and display limits. Details of each plan are available on our website.
You agree to pay all fees associated with your chosen subscription plan. Subscription fees are billed in advance on a recurring basis (monthly or annually) depending on your selected plan. All fees are non-refundable except as required by law or as expressly stated in these Terms.
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until the end of the paid period.
We reserve the right to modify subscription fees at any time. We will provide you with reasonable notice of any price changes. Your continued use of the Service after the price change constitutes your agreement to pay the modified fees.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business purposes.
You agree not to:
You retain all ownership rights to the content you upload to the Service ("Your Content"). By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to store, process, and display Your Content solely for the purpose of providing the Service to you.
You are solely responsible for Your Content and the consequences of uploading it. You represent and warrant that you own or have the necessary rights to upload and display Your Content and that Your Content does not violate any laws or third-party rights.
The Service, including its design, functionality, text, graphics, and other content (excluding Your Content), is owned by Musecast and is protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our prior written permission.
We reserve the right to remove or disable access to any content that violates these Terms or that we deem inappropriate, without prior notice.
Your subscription plan includes specific storage limits. If you exceed your storage limit, you may need to delete content or upgrade to a higher-tier plan. We reserve the right to limit or suspend your ability to upload additional content if you exceed your storage quota.
Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.
We strive to provide continuous access to the Service but do not guarantee that the Service will be uninterrupted or error-free. We may suspend or discontinue the Service at any time for maintenance, updates, or other reasons.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
MUSECAST DOES NOT WARRANT THAT (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MUSECAST, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless Musecast and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Public Image Design LLC is registered, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by law. You agree to waive your right to a jury trial or to participate in a class action.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Musecast regarding the Service and supersede all prior agreements and understandings.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a notice on the Service. Your continued use of the Service after such notice constitutes your acceptance of the modified Terms.
If you have any questions about these Terms, please contact us at: