TERMS OF USE
Thank you for your interest in using the online services and mobile software applications (the “Services”) operated by Fusic,
Ltd(together with its affiliated entities,“Fusic”) and offered through the website located at Fusic.com or any other sites
operatedby Fusic (together, the “Fusic Sites”) and third party platforms and services (e.g. Facebook, mobile devices, etc.)
(“Third PartySites”). These Terms of Use (“Terms”) govern your use of the Services on the Fusic Sites and Third Party Sites
(collectively, the “Fusic Network”). Please read these Terms carefully. By using the Fusic Network, you are stating that you
have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to
use the Fusic Network.
This End User License Agreement (“Agreement”) is between you and "Fusic" and governs use of this app made available through
the Apple App Store. By installing the "Fusic" App, you agree to be bound by this Agreement and understand that there is no
tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled
to use the "Fusic" App.
In order to ensure, "Fusic" provides the best experience possible for everyone, we strongly enforce a no tolerance policy for
objectionable content. If you see inappropriate content, please use the “Report Abuse” feature available for each video.
Your Responsibilities
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Fusic Network
and for paying all charges related thereto. In connection with your use of the Fusic Network, Fusic may collect certain personal
information about you. You agree that Fusic may use any information Fusic obtains about you in accordance with the provisions
of the Fusic Site’s Privacy Policy at [https://www.getfuse.it/privacy]. If you elect to provide any personal information
to Fusic, you agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and update such information
to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the Fusic Network to: (a) violate
any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious,
defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise
objectionable; (c) upload any content which contains material which it is unlawful for you to possess in the country in which
you are resident; (d) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters
,pyramid schemes, or any other form of solicitation; (e) transmit any material that contains adware, malware, spyware, software
viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment; (f) stalk, harass, bully, or harm another individual; (g) impersonate
any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (h) interfere with or disrupt the
Fusic Network or servers or networks connected to the Fusic Network, or disobey any requirements, procedures, policies, or
regulations of networks connected to the Fusic Network.
User Submissions
Fusic does not claim ownership of the text, photographs, graphics, video, messages, tags or other materials you submit for display,
sharing or distribution to others through the Fusic Network (collectively, and excluding the Fusic Provided Content (defined
below), “User Submissions”). As between Fusic and you, you own all rights to your User Submissions. However, you grant to Fusic
an irrevocable, perpetual, [non-exclusive], fully-paid, worldwide, license, with the right to sublicense through multiple tiers,
to use, distribute, reproduce, modify, create derivative works from, adapt, publish, translate, publicly perform, and publicly
display your User Submissions (in whole or in part) in any format or medium now known or later developed. The rights granted by
you in these Terms include the right of Fusic to use User Submissions you upload or submit to or through the Services through the
Fusic Sites and Third Party Sites, such as Facebook, Fusic reserves the right to display advertisements in connection with User
Submissions and to use User Submissions for advertising and promotional purposes. Fusic does not pre-screen User Submissions and
you agree that you are solely responsible for all of your User Submissions. Fusic is not required to host, display, or distribute
any User Submissions, and may remove at any time or refuse any User Submissions, in its sole and absolute discretion. Fusic is not
responsible for any loss, theft or damage of any kind to any User Submissions, and Fusic will not return any User Submissions.
You represent and warrant that (i) your User Submissions and Fusic’s authorized use thereof do not and will not infringe the rights
of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal
or moral rights), and (ii) you have received the written consent of every individual whose name or image is present in your User
Submission, and that no such individual is under the age of 13.
Copyrights; Restrictions on Use
The content on or made available through the Fusic Network (the “Content”), including without limitation, video, text, photos,
and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and
proprietary rights and laws, and is owned by Fusic or its licensors. The Content may not be copied, modified, reproduced,
republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior authorization of Fusic
and its applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to
any Content. Fusic and its licensors may make available certain Content that is designed to be integrated with your User
Submissions (“Fusic Provided Content”). Unless otherwise provided in the terms accompanying such Fusic Provided Content, such
Fusic Provided Content may only be integrated with the User Submissions as designed and using the tools provided by Fusic, and
is subject to the same restrictions as those on all other Content.
Feedback
If you choose to provide technical, business or other feedback to Fusic concerning the Fusic Network or any Fusic products or
services (collectively, “Feedback”), Fusic will be free to use, disclose, reproduce, license, or otherwise distribute or exploit
such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights
or licensing obligations. You understand and agree that the incorporation by Fusic of Feedback into any of its products or
services does not grant you any proprietary rights therein.
Copyright Infringement
It is the policy of Fusic Ltd. ("Fusic") to respect the legitimate rights of copyright owners. Pursuant to the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 ("DMCA"), Fusic has designated an agent (specified below) to receive notifications of
claimed copyright infringement on its site. Please be advised that we enforce a policy that provides for the termination in
appropriate circumstances of subscribers who are repeat infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Fusic’s Copyright Agent with the following information in accordance with the
DMCA: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; 2. a
description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is
infringing is located on Fusic’s site, with enough detail that we may find it on our site. Providing URLs in the body of an email
is the best way to help us locate content quickly; your address, telephone number, and email address; a statement by you that you
have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by
you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. Fusic’s agent for notice of claims of copyright infringement can be reached as
follows: Liat Sade-Sternberg Fusic Ltd. 10 Bay Street Westport CT 06880 Tel: 1-323-395-2857 Fax: 1-323-417-0419 Email: liat@fusic.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing
may be subject to liability.
Termination
Fusic may terminate your Fusic Network membership or suspend your access to all or part of the Fusic Network, without notice,
if you violate these Terms or you engage in any conduct that Fusic, in its sole and absolute discretion, believes is in violation
of any applicable law or regulation or is otherwise harmful to the interests of Fusic, any other Fusic Network user, or any
third party. You may discontinue your participation in and access to the Fusic Network at any time.
Modifications To Terms
Fusic may, in its sole and absolute discretion, change these Terms from time to time. Fusic will post notice of such changes
on the Fusic Sites, and you will be required to confirm your acceptance of such changed Terms prior to your continued use of
the Fusic Sites by checking a box. If you object to any such changes, your sole recourse will be to cease using the Fusic Network.
Continued use of the Fusic Network following notice of any such changes will indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
Modifications To Fusic Network
Fusic reserves the right to modify or discontinue the Fusic Network with or without notice to you.
Fees
Fusic reserves the right at any time to charge fees for access to new Fusic Network content or services or to portions of the
existing Fusic Network content or services or to the Fusic Network as a whole. In no event will you be charged for access to
any Fusic Network content or service, or to the Fusic Network as a whole, unless Fusic obtains your prior agreement to pay such
fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details
regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that
apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are
hereby incorporated by reference into) these Terms.
Password and Security
You are responsible for maintaining the confidentiality of your Fusic Network password and user identification, and you are
solely responsible for all activities that occur under your password and user identification. At this time, in order to use
the Services you will have to register and log in using your Facebook credentials although we reserve the right to require or
permit a separate, non-Facebook user name and password in our sole discretion. You agree to immediately notify Fusic of any
unauthorized use of your password or user identification, or any other breach of security related to the Fusic Network. Fusic
reserves the right to require you to alter your password or change your user identification, if Fusic believes that your
password or user identification is no longer secure. You agree that you will be solely responsible for any loss or damage you
suffer as a result of your failure to adequately safeguard your password or user identification.
Integration and Links
Fusic’s integration with or provision of a link to any other website or Internet resource, including without limitation Facebook,
Twitter and Google (together, the “Partners”) is for your convenience only and does not signify Fusic’s endorsement of such other
website or resource or its contents. You agree that Fusic will have no responsibility or liability for any acts or omissions by
Partners or any information, software, or other materials found at any other website or Internet resource.
Disclaimer of Warranties
You expressly agree that use of the Fusic Network is at your sole risk. The Fusic Network is provided on an “AS IS” and “AS
AVAILABLE” basis. Fusic expressly disclaims all warranties of any kind, whether express or implied, with respect to the Fusic
Network (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and
non-infringement). Fusic makes no warranty that the Fusic Network will meet your requirements, or that the Fusic Network will
be uninterrupted, timely, secure, or error free. You acknowledge that access to User Submissions or other data (including, but
not limited to, documents, photographs, and software files) submitted or stored by you or others on the Fusic Network is not
guaranteed and that Fusic will not be responsible to you for any loss of data caused by the Fusic Network or its unavailability.
Fusic makes no warranty as to the results that may be obtained from the use of the Fusic Network, or as to the accuracy or
reliability of any information obtained through the Fusic Network, or that defects in the Fusic Network will be corrected. You
understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Fusic Network
is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or
information, whether oral or written, obtained by you from Fusic or through the Fusic Network will create any warranty not
expressly made herein.
Limitation of Liability
You understand that to the extent permitted under applicable law, under no circumstances will Fusic or its officers, employees,
directors, shareholders, agents, partners, clients, or licensors be liable under any theory of liability (whether in contract,
tort, statutory, or otherwise) for (a) any indirect, incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were
advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s)
use of the Fusic Network and (b) more than one hundred dollars ($100.00) resulting from your (or anyone using your account’s)
use of, or access to, the Fusic Network.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental
or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that
Fusic may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of
such warranty and the extent of Fusic’s liability will be the minimum permitted under such applicable law.
Talent Listing Service
Fusic is a talent listing service. These terms are not a talent agency contract. Fusic is not a “Talent Agent” licensed pursuant
to section 1700.5 of the California Labor Code and does not engage in the occupation of procuring, offering, promising, or
attempting to procure employment or engagements for an artist.
Indemnification
You agree to indemnify, defend, and hold harmless Fusic and its officers, directors, employees, consultants, partners, clients,
and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable
attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of
these Terms. Fusic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate with Fusic’s defense of such claim.
Trademarks
“Fusic” and the Fusic logo, and certain other of the names, logos, and materials displayed in the Fusic Network now or in the
future, constitute trademarks, trade names, or service marks (“Marks”) of Fusic or other entities. You are not authorized to
use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Fusic or those other entities.
Miscellaneous
These Terms, together with the Partner terms and any additional terms to which you agree when using particular elements of the
Fusic Network (e.g., terms relating to the payment of fees for certain Fusic Network content or services), constitute the entire
and exclusive and final statement of the agreement between you and Fusic with respect to the subject matter hereof, and govern
your use of the Fusic Network, superseding any prior agreements or negotiations between you and Fusic with respect to the subject
matter hereof. These Terms and the relationship between you and Fusic will be governed by the laws of the State of California as
applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your
actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Fusic Network will be brought
in the Federal or State courts located in Los Angeles County, California, and you hereby irrevocably submit to the exclusive
personal jurisdiction of such courts for such purpose. The failure of Fusic to exercise or enforce any right or provision of these
Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent
jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Fusic and
you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Fusic
Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These
Terms will remain in full force and effect notwithstanding any termination of your use of the Fusic Network.