TERMS AND CONDITIONS
This website (themusicz.com) is made available to you by (Jolastic LTD). Your access to and use of this Site is strictly subject to these Terms and Conditions of Use. By accessing this Site, the user ("YOU") agrees to be unconditionally bound by these Terms and Conditions of Use.
Privacy and Communications Preferences
Membership and Billing
You can find the specific details regarding your membership with Jolastic LTD at anytime by visiting www.themusicz.com and clicking on the "Your Account" link.
Jolastic LTD will charge you for all applicable taxes, including, without limitation, any applicable state, provincial, federal and local taxes.
- 5 day trial, which Renews to a 1 month Premium Download membership at $49.95 USD/month if not cancelled prior to the end date.
Your Jolastic LTD membership may start with a trial(Regular 5 day trial or a 5 day premium download trial). The trial period of your membership lasts for 5 days, or as otherwise specified during sign-up. Your themusicz.com 5 day trial offer, will begin when you click on "Start Membership" during the registration process. Simply cancel anytime during your 5 day membership, and you will not be charged. To cancel, click on "Your Account" and follow the simple cancellation instructions. If you are enjoying WEBSITE, do nothing and your membership will automatically continue at the monthly subscription rate. If YOU CANCEL PRIOR TO THE END OF YOUR TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD
We will begin billing your Payment Method for monthly membership fees at the end of the trial period of your membership unless you cancel prior to the end of the trial period. To view the specific details of your membership, including price and end date of your trial period, visit www.themusicz.com and click the on the "Your Account" page. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your trial period. Pending charges, while pending, will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of $1.03 per pending charge. IF YOU CANCEL PRIOR TO THE END OF YOUR TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "CANCEL MEMBERSHIP" LINK AT THE TOP OF THE SUPPORT PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis at the one (1) month membership rate for your membership plan until you cancel. You may cancel your membership at anytime.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We are not responsible for the products and services provided by third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below). Membership may be cancelled or modified at any time prior to the end of your trial period by calling toll-free at 1-888-604-7650 for the U.S.A. and Canada or 1-925-350-5079 for international members, 24 hrs, 7 days a week.
Your Jolastic LTD membership, will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
You may cancel your membership to Jolastic LTD at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNPLAYED MUSIC. To cancel, visit www.themusicz.com site and click the words "Cancel Membership" on the "Support" page and follow the instructions for cancellation under the heading "Cancel Membership."
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Service Works
Jolastic LTD is an online subscription media service providing its members with access to media played over the Internet.
Availability. The availability of songs to instantly play will change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible usage based data charges. Jolastic LTD makes no representations or warranties about the quality of your instant played experience on your display.
Personal Computer Requirements and Device Limitations: To enjoy playing instantly via your personal computer, your equipment must satisfy certain system requirements.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE Jolastic LTD SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Jolastic LTD AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
Customer Service Inquiries
All Customer Service inquiry's via email will be answered within 24hrs of the initial email. All Phone and Chat inquiries will be dealt with immediately, any responses for issues that can not be dealt with immediately will be responded to within 24hrs.
Features & Functionality
The member who created the Jolastic LTD account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Jolastic LTD account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Jolastic LTD Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account, or their email address.
Please note however, the Jolastic LTD service is not directed at collecting information from children under the age of 13, nor is it intended to be used by a child without involvement and oversight from a parent. Therefore, if an Account Owner sets parental controls, the Account Owner should not reveal the account password to the child.
Account Access; Identity Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Jolastic LTD ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Jolastic LTD ready device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves a Jolastic LTD account, you should notify customer service. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Jolastic LTD websites and not through a hyperlink in an email, even if it looks official. Jolastic LTD reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Jolastic LTD is not obligated to credit or discount a membership for holds placed on the account by either a representative of Jolastic LTD or by the automated processes of 5s.
Disclaimers of Warranties and Limitations on Liability
THE Jolastic LTD SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Jolastic LTD SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Jolastic LTD SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. Jolastic LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Jolastic LTD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Jolastic LTD MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Jolastic LTD SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Jolastic LTD SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Jolastic LTD READY DEVICES, AND Jolastic LTD SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Jolastic LTD service or on the Jolastic LTD website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Jolastic LTD service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Jolastic LTD website, user interfaces, or otherwise through the Jolastic LTD service; and (vii) any losses or damages arising from the use of the content provided on the Jolastic LTD website, user interfaces, or otherwise through the Jolastic LTD service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, Jolastic LTD instant streaming discs or any conduct by users of the Jolastic LTD service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on songs from the Jolastic LTD service or the descriptions of any song content contained on our website and user interfaces. We do not represent or guarantee that your use of the Jolastic LTD service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Jolastic LTD or its affiliated parties.
Jolastic LTD MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Jolastic LTD READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service. Click here to view the Jolastic LTD End User License Agreement.
Please note Jolastic LTD does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Jolastic LTD. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Jolastic LTD and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of songs, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
By using the Jolastic LTD service, you consent to receiving electronic communications from Jolastic LTD. These communications will include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Jolastic LTD and you receive them as part of the Jolastic LTD membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.
Limitations on Use
Links and Pages
Claims of Copyright Infringement
It is the policy of Jolastic LTD to respect the intellectual property rights of others. Jolastic LTD does not promote, foster or condone the copying of songs, or other digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the Jolastic LTD service, or know of someone who is making unauthorized use of the content available through the Jolastic LTD service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material available through the Jolastic LTD service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) 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
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Jolastic LTD Copyright Administrator for notice of claims of copyright infringement on this Site can be reached at [email protected].
Dispute Resolution and Governing Law
These Terms and Conditions of Use shall be governed by, and interpreted and enforced in accordance with, the laws of the Jolastic LTD and the federal laws of Cyprus applicable therein. Any claim, dispute or controversy shall be brought before the competent courts of Cyprus, and the parties attorn to the jurisdiction of such courts. This provision shall survive the termination of your right to use this Site.
You agree that these Terms and Conditions of Use, the Service and all communications with Jolastic LTD shall be in the English language. / Vous confirmez que c'est votre volont? expresse que les Termes et conditions d'emploi, le Service et toute communication avec Jolastic LTD soient en anglais.
These Terms and Conditions of Use constitute the entire agreement between you and Jolastic LTD with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto.
No failure by Jolastic LTD or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.