TERMS AND CONDITIONS
Welcome to Streamz “Streamz”, an online store owned and operated by Mozaex LLC “Mozaex”
that provides products, software and services otherwise referred to as “Streamz
Services” that are subject to the following conditions.
By using Streamz Services, you agree to the following conditions.
Please review our Privacy Notice that is available on this web site, which also
governs your use of Streamz Services, to understand our policies and practices.
When you use any Streamz Service, or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site or through
the other Streamz Services. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
All content included in or made available through any Streamz Service, such asaudio
clips and digital downloads,text and graphicsis the property of Mozaex or its content
suppliers and protected by United States and international copyright laws.
Mozaex respects the intellectual property of others. Mozaex believes that it follows
all copyright laws including but not limited to only reselling albums that it has
purchasedfrom a licensed wholesaler. If you believe that your work has been copied
in a way that constitutes copyright infringement, please send your inquiries and
complaints to firstname.lastname@example.org.
As a part of the Streamz Service are trademarks of Mozaex in the U.S. and other
countries. Mozaex's trademarksmay not be used in connection with any product or
service that is not Mozaex's without the expressed written consent of Mozaex. All
other trademarks not owned by Mozaex that appear in any Streamz Service are the
property of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by Mozaex.
Mozaex owns one or more patents pendingwhich apply to Streamz Services and products.
Contact Mozaex at email@example.com with any inquiries regarding the company’s
LICENSE AND ACCESS
Subject to your payment of any applicable feesand compliance with these Terms and
Conditions, Mozaex or its content providers grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make personal and non-commercial
use of the Streamz Services. This license does not include any resale or commercial
use of any Streamz Service, or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of any Streamz Service or
its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data gathering
and extraction tools.
All rights that are not expressly granted to you in these Terms and Conditions are
reserved by Mozaex or its copyrightsholders,licensors, vendors, publishers, or any
other content providers. No Streamz Service, nor any portion of any Streamz Service,
may be reproduced, sold, resold, or otherwise used for any commercial purpose without
express written consent of Mozaex. You may not misuse the Streamz Services and only
use the Streamz Services as permitted by law. The licenses granted by Mozaex terminate
if you do not comply with these Terms and Conditions.
YOUR Streamz ACCOUNT
If you use any Streamz Service, you are solely responsible for maintaining access
and confidentiality of your account including your name and password for restricting
access to your computer, and you agree to accept responsibility for all activities
that occur under your account. Mozaex does sell products or servicesto children.
Mozaex does sell its services and products to adults, who can purchase with a credit
card or other permitted payment method. If you are under 18, you may use the Streamz
Services only with a parent or guardian’s approval. At its sole discretionMozaex
reserves the right to refuse service, terminate accounts or cancel orders.
RISK OF LOSS
All shipped products purchased from Mozaex are made available pursuant to a shipment
contract. This means that the risk of loss and title for such productsare transferred
to you upon our delivery to the shipping carrier.
RETURNS, REFUNDS AND TITLE
Mozaex does not take title to returned items until the item arrives at our fulfillment
facility. At the company’s sole discretion and only with written approval,
a refund may be issued without requiring a return. In this event, Mozaex does not
take title to the refunded item.
While Mozaex attempts to be as accurate as possible the company does not warrant
that product descriptions or other content of any Streamz Service is accurate, complete,
current, or without mistakes. If a product sold by Mozaex itself is not as described,
your sole remedy is to contact Mozaex to determine if it is returnable for repair
or replacement. All sales are final and products are not returnable for refunds.
The prices and availability of any products, software or services are subject to
change at any time.With respect to products offered on this site by Mozaex, the
company cannot confirm the final price of a product until the product is ordered.
While we attempt to accurately price all products there might be a product that
is inaccurately priced. If the final correct price of a product sold by Mozaex is
higher than the price stated, the company will, at its discretion, either contact
you before shipping or making the product available for downloadfor your decision
to continue to order the product at the higher price or cancel your order and notify
you of the cancellation. The company’s policies regarding mispriced products
may not match the policies of other company’s policies.
OTHER BUSINESSES ON SITE
Mozaex is not liable, warrant or in any way responsible for other businesses services,
products and software that are available on this web site. In addition, we provide
links to the sites of affiliated companies and certain other businesses. You should
carefully review these other businesses privacy statements and other conditions
OPERATING SPECIFICATIONS AND REQUIREMENTS
Mozaex is not liable for guaranteeing the compatibility, quality or speed of service
or reliable operation when using the Streamz Service including the online Streamz
MUSIC store. To use the company’s Services you are solely responsible for
obtaining a device that is compatible with the Service, obtaining and servicing
proper and Internet access with sufficient transfer speeds and any software that
might be required to use the company’s Services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Streamz SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE Streamz SERVICES ARE PROVIDED BY MOZAEX ON AN "AS IS" AND "AS
AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOZAEX MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Streamz
SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Streamz
SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE
OF THE Streamz SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOZAEX DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. MOZAEX DOES NOT WARRANT THAT THE Streamz SERVICES,
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Streamz SERVICES, MOZAEX'S
SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MOZAEX ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. MOZAEX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF ANY Streamz SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH ANY Streamz SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Any claim or dispute relating in any way to your use of any Streamz Service, or
to any product or service sold, distributed or in any way made available by Mozaex
or through Mozaex.com or streamzmusic.com will be resolved by binding arbitration, rather
than in court, except that you may assert claims in small claims court if your claims
qualify. The Federal Arbitration Act and federal arbitration law shall apply to
Both parties agree that any dispute resolution proceedings will be conducted only
on an individual basis and not in a class, consolidated or representative action. If
for any reason a claim proceeds in court rather than in arbitration we each
waive any right to a jury trial. We also both agree that you or we may bring suit
in court to enjoin infringement or other misuse of intellectual property rights.
By using any Streamz Service, you agree that the Federal Arbitration Act, applicable
federal law, and the laws of the state of Utah, without regard to principles of
conflict of laws, will govern these Terms and Conditionsand any dispute of any sort
that might arise between you and Mozaex.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review the company’s entire set of policies that are available on this
web site. These policies also govern your use of Streamz Services. The company reserves
the right to make changes to our web site, policies, Service Terms, and these Terms
and Conditionsat any time without notice being provided. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity and enforceability of any
Additional Mozaex Software Terms
- Use of the Mozaex Software. You may use Streamz or Mozaex
Software “Mozaex Software” solely for purposes of utilizing Streamz
Services as provided by Mozaex, and as permitted by the Conditions of Use, these
Software Terms and any other related Service Terms. You may not incorporate any
portion of the Mozaex Software into your own programs or compile any portion of
it in combination with your own programs, transfer it for use with another service,
or rent, sell, lease, loan, lend, distribute or sub-license the Mozaex Software
or otherwise assign any rights to the Mozaex Software in whole or in part. You may
not use the Mozaex Software for any illegal purpose. We may cease providing any
Mozaex Software and we may terminate your right to use any Mozaex Software at any
time. Your rights to use the Mozaex Software will automatically terminate without
notice from us if you fail to comply with any of these Software Terms, the Terms
and Conditionsor any other applicable Service Terms. Additional third party terms
contained within or distributed with certain Mozaex Software that are specifically
identified in related documentation may apply to that Mozaex Software (or software
incorporated with the Mozaex Software) and will govern the use of such software
in the event of a conflict with these Conditions of Use. All software used in any
Streamz Service is the property of Mozaex or its software suppliers and protected
by United States and international copyright laws.
- Use of Third Party Services. When you use the Mozaex Software,
you may also be using the services of one or more third parties, such as a wireless
carrier or a mobile platform provider. Your use of these third party services may
- No Reverse Engineering. You may not, and you will not encourage,
assist or authorize any other person to copy, modify, reverse engineer, decompile
or disassemble, or otherwise tamper with, the Mozaex Software, whether in whole
or in part, or create any derivative works from or of the Mozaex Software.
- Updates. In order to keep the Mozaex Software up-to-date,
we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply
with all export and re-export restrictions and regulations of the Department of
Commerce and other United States agencies and authorities that may apply to the
Mozaex Software. If you are a U.S. Government end user, we are licensing the Mozaex
Software to you as a "Commercial Item" as that term is defined in the
U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant
you to the Mozaex Software are the same as the rights we grant to all others under
these Conditions of Use.