Last updated: June 16, 2014
HSB Global, Inc. operates the MaTuRisystem.com website, a platform for registered users to develop and manage mobile applications, and distributes certain mobile apps to end users. HSB Global, Inc. may be referred to as "us", "we", or "our".
We reserve the right to update and change these Terms of Service at any time. In such a case, we will send a notice to you by uploading onto the new Terms of Service on our MaTuRisystem.com website, sending e-mails or other appropriate manner. Your use of any part of the Service after we have posted a modification of the Terms of Service will serve as your consent to be bound by such modified terms. Any new features shall be subject to these Terms of Service. If you object to the modified Terms of Service, your only recourse is to stop using the Service. Violation of any of the Terms of Service may result in immediate suspension or termination of your account, as we may elect.
You may apply and register to use our platform to create mobile applications as a “Registered User”. Each mobile application created using the Service may be referred to as a “MaTuRi Music App”. Individuals who use MaTuRi Music Apps created by us or Registered Users are referred to as “End Users”.
End Users shall be entitled to a limited free trial download of any MaTuRi Music App. At the end of your trial period, you shall be afforded the opportunity to keep using a MaTuRi Music App. You shall comply with all of the General Use Terms set forth below. Violation of any of the Terms of Service may result in immediate suspension or termination of your account, as we may elect.
By completing the online application, an individual or company may become a Registered User and licensee of the MaTuRi software and system. Registered Users may create one or more MaTuRi Music Apps and administer them through the MaTuRisystem.com website subject to these Terms of Service. Registered Users agree that we shall be the exclusive publisher of any MaTuRi Music App and Registered Users shall be bound by the financial terms set forth in the application.
While we are confident that apps developed with MaTuRi will be accepted into popular app stores, we do not guarantee approval of apps in iTunes or Google Play or any other app store. Approval of each MaTuRi Music App is subject to the independent approval process of each app store.
In case that the End User pays the fees for MaTuRi Music App to the Registered User, the Registered User shall pay 21% of the fees paid by the End Users to us (tax exclusive) in a manner designated by us.
These terms apply to both End Users and Registered Users. You agree to use the Service at your own risk.
You must be over 13 years of age; and You must provide your legal name, a valid email address, and any other information requested to complete the signup process in order to open an account.
You must provide accurate and complete information when creating your account. You are responsible for any activity that occurs on your account and you will keep your account password secure. You will immediately notify us if there is any unauthorized use or breach of security regarding your account.
We reserve the right to terminate, at our sole election and without notice to you, any account that is dormant for one hundred and twenty (120) or more consecutive days.
Your use of the Service will comply with all applicable laws and regulations, including but not limited to applicable intellectual property laws. You shall not post or include any content in the Service which in our judgment is abusive, harassing, violent, illegal, indecent or which promotes discrimination, hatred or violence.
All material uploaded or contributed by you to the Service or included in any MaTuRi Music App (“Your Content”) shall be free from any and all claims of any kind or nature by third parties and will not violate any laws or rights of any person. You have full right and authority to upload Your Content to the Service for access by mobile applications and via the website, including but not limited to all materials, names, trademarks, text, photographs, videos, artwork, images, sounds, songs, music, recordings contained in Your Content. Uploading Your Content does not transfer any ownership to us. However, you hereby grant us the non-exclusive, perpetual right to use, reproduce, distribute, display and perform Your Content in connection with the Service in any and all media throughout the world.
We own all the intellectual property rights, including but not limited to copyright, trademark and know-how in relation to our website and the Services, including the “look and feel”. You shall not reproduce, copy or reverse engineer any aspect of Service or violate or appropriate our copyrights or trademarks. You shall not use our names or trademarks for any purpose without our express written consent.
To the greatest extent permitted by applicable law, agree to defend, indemnify and hold harmless HSB Global, Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively “HSB Entities”) against all claims, losses, obligations, costs, debt or expensed (including but not limited to attorneys’ fees) arising from: (1) your use or access to the Service and the MaTuRi Music Apps; (2) your violation of any of these Terms of Service; (3) your violation of any third party right, including without limitation copyrights, privacy or property rights; or (4) any claim that Your Content caused damage to a third party. This defense and indemnification obligation shall survive these Terms of Service and your use of the Service.
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We respects intellectual property and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the MaTuRisystem.com website that are reported to our Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the MaTuRisystem.com website by completing the following DMCA Notice of Alleged Infringement ("Notice") and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the MaTuRisystem.com website. A DMCA Notice of Alleged Infringement must:
1.Identify the copyrighted work that you claim has been infringed, or -if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2.Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the MaTuRisystem.com website where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the MaTuRisystem.com website where such reference or link may be found.
3.Provide your mailing address, telephone number, and email address.
4.Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5.Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
c/o HSB GLOBAL INC.
8550 W Desert Inn Road, Suite 102166, Las Vegas, NV 89117
The Service may contain links to third party websites that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve us from any and all liability arising from your use of any third party website.
When using the Service or the MaTuRi Music Apps, you will be exposed to content from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
Your access to and use of the Services, the MaTuRi Music Apps or any related content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, HSB Entities DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
HSB Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services, the MaTuRi Music Apps or any related content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, the MaTuRi Music Apps or any related content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from HSB Entities or through the Services or the MaTuRi Music Apps will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HSB ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HSB ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HSB ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If any provision of these Terms of Service are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the remaining provisions of these Terms of Service. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term.
You and we agree that any cause of action arising out of or related to the Service or the MaTuRi Music Apps must commence within one (1) year after the cause of action accrues, otherwise such cause of action will be permanently barred.
If you have questions about the Terms of Service, you may contact us at support@MaTuRisystem.com.
Dated: June 16, 2014