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.

PRIVACY

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.

ELECTRONIC COMMUNICATIONS

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.

COPYRIGHT

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.

COPYRIGHT COMPLAINTS

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 legal@mozaex.com.

TRADEMARKS

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.

PATENTS

Mozaex owns one or more patents pendingwhich apply to Streamz Services and products. Contact Mozaex at legal@mozaex.com with any inquiries regarding the company’s patents.

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.

PRODUCT DESCRIPTIONS

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.

PRICING

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 of use.

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.

DISPUTES

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 this agreement.

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.

APPLICABLE LAW

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 remaining condition.

Additional Mozaex Software Terms

  1. 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.
  2. 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 be subject to the separate policies, terms of use, and fees of these third parties.
  3. 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.
  4. 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.
  5. 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.

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