GENERAL TERMS AND CONDITIONS

for the use of a web application (platform) that enables the connection of supply and demand in the field of music production and the use of other services available through the website (hereinafter referred to as the "Service") https://www.muibas.com Markem Kobzanem, Date of birth 24.3.1992

These general terms and conditions apply to the use of the Service by natural persons (consumers) and natural persons doing business.

(hereinafter referred to as the "Terms and Conditions")

1. DEFINITION OF BASIC TERMS

Operator – Marek Kobzan, Date of birth 24.3.1992

Platform - a web application, through which there can be, in particular, connecting supply and demand in the field of music making, sharing music recordings and composing music tracks, available through the website https://www.muibas.com

Services - services provided by the Operator consisting in enabling the connection of supply and demand in the field of music production and enabling the sharing of music recordings, composing musical compositions, including in particular enabling the use of the Platform.

User - any natural person using the Services.

Author (Band Master) - The user who created the Project.

Contributor (Co-player) - A user who joins the Project by uploading their own music line.

Sound Engineer – A user who mixes and edits all music lines recorded within the Project and participates in the creation of the Finished Song.

Project – a music project created by the User consisting in recording an input music recording (soundtrack), to which other Users can join by recording their own music lines.

Finished Track/song – a musical composition created as the final output of the Project.

2. PŘEDMĚT OBCHODNÍCH PODMÍNEK

2.1 In accordance with these Business Terms and Conditions, the Operator enables Users to use the Service, primarily for the purpose of connecting Users in the field of music creation and enabling Users to cooperate in creating music, including sharing users' music recordings and creating music compositions.

2.2 The Operator provides the Service free of charge.

3. SERVICE

3.1 The Service may only be accessed through the Website.

3.2 Users as Authors (Band Masters) are entitled to create a Project through the Service. As part of creating the Project, the Authors will upload an input music recording (soundtrack) to the Platform and specify which music lines (according to the musical instrument) the Contributors (Teammates) can record within the Project. After publishing the Project on the Platform, other Users (Contributors - Teammates) can add recordings according to the specification of the Project Author. The user is also entitled to use the "share and invite" function to invite third parties to add a recording to the Project, via social networks (facebook, Instagram) or via e- mail; such third parties will, through a link from the social network, be redirected to the Platform interface allowing the recording to be added and are entitled to add the recording to the Project as soon as they become Users. The Author is entitled to choose which of the Contributors' recordings will be used for the purpose of creating the Finished Song. After the completion of the addition of recordings by the Contributors, the Sound Engineer also participates in the creation of the Finished Song, which mixes and modifies all music lines recorded within the Project into the final output, which is made available to the Author. The author decides exclusively on the final form of the composition and its publication and further disposal. The author can publish the final version of a song created within the Project as a Finished song within the Platform.

3.3 All Users may act as Authors (Band Masters), Contributors (Co-Players), Sound Engineers, or in any other role that the Services allow.

3.4 Users must register for the purposes of using the Service in accordance with the procedure set out in Article 4 of these Terms and Conditions.

3.5 The Service is provided to users from the moment of their successful registration according to Article 4 of these Business Conditions.

3.6 The User, who is a consumer, expressly agrees that the Service will be provided to him before the expiration of the fortnightly period for withdrawal from the Service Agreement pursuant to the provisions of Section 1829 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter "Civil Code").

3.7 The Service (including the Platform) may be updated from time to time and new features may be added. This is done automatically and these Terms and Conditions also apply to the updated Service. The user is not entitled to reject the changes, as the Service is provided "as is". However, the User has the option to terminate the use of the Service at any time.

4. REGISTRATION, USER ACCOUNT

4.1 The contractual relationship between the Operator and the User is established by completing the User's registration on the registration page https://muibas.cz (hereinafter referred to as the "Service Agreement").

4.2 Users agree to the use of means of distance communication when concluding the Contract for the provision of Services.

4.3 A person who has reached the age of 168 on the day of registration can register as a User.

4.4 When registering, the User is required to fill in the following information:
email address,
password,
confirmation of the password,

4.5 If the User does not fill in any of the mandatory data, this data will be automatically highlighted and without its completion it is not possible to continue the registration.

4.6 All information provided by the User during registration must be correct and true. In the event of any subsequent change, the User is obliged to update the data without undue delay through his user account (hereinafter referred to as the "Account"). The Operator shall not be liable for any damage incurred if the User provides incorrect or inaccurate data or violates its obligation to update the data within the Account pursuant to this paragraph.

4.7 Upon registration, the User confirms that he has read these Terms and Conditions and that he agrees with their wording. Registration cannot continue without this consent.

4.8 The User will be informed of the successful registration and conclusion of the Service Agreement without undue delay via the e-mail address provided during registration.

4.9 The User uses the Service exclusively through his own Account. The account is created for the User after successful completion of the registration.

4.10 To access the Account, it is necessary to enter the login details provided by the User during registration. The user is obliged to protect his login details. The user is obliged to prevent any third party from unauthorized access to his access data. The user is liable for damage caused by insufficient protection of his login data. In case of suspicion of disclosure of access data or their misuse, it is in the User's own interest to change his access data as soon as possible.

4.11 The Operator is not liable for damage that arises as a result of unauthorized access to the Account as a result of non-compliance with the User's obligations arising from these Business Conditions.

4.12 The Account includes a User's profile containing the following information about the User, compulsorily or optionally:
a) name and surname,
b) telephone number,
c) the role of the User,
d) country of origin,
e) instruments played by the User,
f) profile photography,
g) Projects of which he is the Author or in which he participated as a Contributor,
h) Finished songs of the User

4.13 The User is entitled to modify and change the data specified in his Account at any time, and in the case of voluntarily provided data, he is also deleted.

4.14 The User is entitled to cancel his Account at any time.

4.15 The Operator reserves the right to cancel the User's Account at any time, even without giving a reason, with the consequences set out below in these Business Conditions. In connection with the cancellation of the Account by the Operator, the User does not have any claims other than those explicitly stated in these Business Conditions.

4.16 The User acknowledges that the Account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Operator, or necessary maintenance of third party hardware and software.

5. USER RIGHTS AND OBLIGATIONS

5.1 The User undertakes to use the Service exclusively in accordance with legal regulations and these Business Conditions. The User is not entitled to use the Service for any other purposes (eg advertising) or in any other way than specified in these Terms and Conditions. The user then primarily undertakes that
a) will not interfere with the rights of third parties, the Operator or other Users when using the Service or as a result of using the Service,
b) does not interfere with the Platform and does not attempt to gain access to the Platform other than through the designated credentials and the relevant interface, in particular it does not in any way reproduce, modify, decompile or otherwise interfere with the related source code and documentation, unless expressly authorized,
c) will not use the Platform in a way that could damage it (including tampering with the hardware on which the Platform is operated)
d) will not unauthorisedly process personal data of other Users,
e) does not conceal, conceal or falsify his identity.

5.2 The User is further expressly prohibited from posting, linking or otherwise distributing through the Service content that in particular:
a) infringes intellectual property rights (especially trademark rights, industrial designs, trade names, copyright and related rights, personal rights, etc.) or is an unfair competition,
b) encourages the commission of criminal activity or other tortious conduct or approves such conduct or otherwise supports the perpetrator of such activity,
c) contains false information about a third party that could harm such a person,
d) contains pornographic works,
e) supports or promotes a movement that has been proven to suppress human rights and freedoms,
f) is unlawful for any reason.

5.3 The User is entitled to use the Service exclusively independently, ie he may not make the Service available to a third party or, without the express written consent of the Operator, provide the third party with part or all of his right to use the Services (including the right to use the Platform or other components of the Service).

5.4 The User bears full responsibility for the activity taking place on his Account, regardless of whether it is done by the User, a person authorized by the User or another third party.

6. RIGHTS AND OBLIGATIONS OF THE OPERATOR/USER

6.1 The Operator undertakes to make reasonable efforts to make the Service available and functional. However, the User acknowledges that despite this effort of the Operator, the Service may not always be fully available, especially due to the necessary maintenance of the hardware and software equipment of the Operator, or necessary maintenance of third party hardware and software. The Operator is not liable for any damage incurred by the User due to the unavailability or malfunction of the Service.

6.2 The Operator is entitled to make changes to the Service, add or remove functions of the Platform and its components at any time without prior notice.

6.3 The Operator is not obliged to supervise the content of information stored in the Platform, nor to actively search for facts and circumstances pointing to the illegal content of this information. However, the User acknowledges that the Operator is entitled to delete data and information in connection with its legal obligations if the Operator concludes that these in any way violate the law or these Terms and Conditions, as required or permitted by applicable law. .

7. PROTECTION AND PERSONAL DATA

7.1 Users acknowledge that their personal data will be processed as part of the provision of the Services. Information on the processing of Users' personal data by the Operator is provided in a special document "Information on the processing of personal data" available at https: //muibas.com

8. USER AND PROPERTY RIGHTS TO THE PLATFORM

8.1 The platform is a copyright work within the meaning of Act No. 121/2000 Coll., On Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended (hereinafter the "Copyright Act").

8.2 As part of the Service, the Operator provides the User with the right to exercise the right to use the Platform (license) in the form in which it is available at any given time on the website https://muibas.cz. The License is provided as non-exclusive, for the duration of the Service Agreement, solely for the purposes of using the Platform in accordance with these Terms and Conditions, and solely accordingly. The license is provided for the territory of the Czech Republic. The user is not entitled to sublicense to third parties or assign a license to a third party

8.3 Users are provided with a license according to this article of the Business Conditions free of charge.

8.4 The User is not entitled to interfere with the Platform in any way, to change it, to combine it with another work, to include it in a collective work, or to complete the unfinished Platform (even with the help of a third party). The user is not authorized to make any copies of the Platform.

8.5 The User acknowledges that the Platform is provided in the platform as a service mode, and therefore that it will not receive any copy of the Platform, and may use the Platform only by remote access via the relevant website, with specific limited uses under these Terms and Conditions. The costs of ensuring access to the Platform (especially fees for internet connection) are borne by the User.

8.6 The conditions of use of the Platform shall similarly apply to other intangible assets made available by the Operator within the Service (especially graphics, trademarks, etc.).

8.7 The User and the Operator exclude all legal licenses or free uses for the benefit of the User, which can be excluded by agreement of the parties.

9. USER CONTENT

9.1 Through his Account to the Platform, the User uploads content (especially music recordings, possibly photos and others), for the purpose of presenting his person and for the purpose of using the functionalities of the Services (for the purpose of composing and sharing music recordings / compositions). The User is entitled to upload the content exclusively through his Account. The content is considered uploaded when the User inserts it into the relevant Account interface

9.2 If the content uploaded by the User is protected as a copyright work, artistic performance or subject to the right of the sound recording producer (hereinafter referred to as "copyright work"), especially under copyright law, by uploading the relevant content, the User grants the Operator a non-exclusive license to use the copyright work. The Operator's right to use the author's work includes exclusively the methods of use specified in these Business Conditions. The license is granted for the entire duration of the copyright, worldwide and indefinitely. The Operator is entitled to sublicense to a third party or assign the license to a third party without the prior consent of the User. The user declares that he provides the license as free of charge and is not entitled to any remuneration in connection with this license. The user also excludes the right to any additional remuneration for the provision of a license to the copyrighted work, unless this cannot be excluded by agreement of the parties.

9.3 The Operator is entitled to publish and exhibit the author's work, exclusively through the website https://muibas.cz or other domains operated by the Operator or a person deriving its rights from the Operator.

9.4 For the avoidance of doubt, the Operator and the User exclude the application of the provisions of § 2370 of the Civil Code, § 2378 to § 2382 of the Civil Code.

9.5 At the same time, the User guarantees that the Operator will not be obliged to pay any additional remuneration (or settle any other obligation) to any person in connection with the use of the copyrighted work. The user also declares that the provision of content does not interfere with any rights of third parties.

9.6 In the event that the content uploaded by the User meets the characteristics of any of the legally protected intangible assets, the legal relations between the User and the Operator shall be governed by the principles set out in this Article 9, especially if it is the right to use the content by the Operator and product.

9.7 The User will defend at its own expense the Operator against all claims of third parties asserted against the Operator or its clients or business partners in connection with the infringement of intellectual property rights. The User must indemnify the Operator, or its clients or business partners, and must reimburse them for any damage and costs incurred in connection with judicial decisions resulting from such a breach, as well as other related costs.

9.8 The Operator is entitled at any time, even without stating a reason, to suspend, restrict or block the User from the possibility to upload further content via the Account. In this case, the user is not entitled to compensation for any damage. The Operator's licenses for the User's already uploaded content are not affected by this.

10. RESPONSIBILITY

10.1 The User expressly declares that he acknowledges that the Operator acts in the operation of the Service as a service provider pursuant to Act No. 480/2004 Coll., On certain information society services and on the amendment of certain acts, as amended. The Operator does not initiate, use the users of the transmitted information or select or change the content of the information within the Service. The Operator does not supervise the content of information transmitted or stored within the Service by the Users. The lawfulness of the use of the Service is the full responsibility of the User and in the event that the User violates the relevant legal regulations or endangers the rights of the Operator or third parties, the Operator reserves the right to take all steps to remove or make such information inaccessible

10.2 To the maximum extent permitted by Czech law, the Operator will not be liable for any damage incurred by the User in connection with the use of the Service. In particular, the Operator is not obliged to compensate the User for the damage caused to:
a) due to the inability to use the Platform or the functions of the Platform;
b) by changing these Business Conditions;
c) loss, theft, disclosure or misuse of the User's access data;
d) as a result of using the Service in violation of these Business Conditions or the legal order of the Czech Republic;
e) as a result of the use of a service or product provided by a third party;
f) independently of the will of the Operator.

10.3 Users acknowledge that the Operator within the Service provides only a platform to enable online cooperation of Users in the field of music composition, and is not responsible for:
a) any content that Users upload to the Platform,
b) the accuracy, completeness and timeliness of the information provided by the User within his Account and on his Profile,
c) mutual regulation of rights and obligations (especially copyrights) between individual Users participating in the Project in relation to any music recordings created and shared by the User,
d) any damage incurred by Users in connection with the creation or sharing of recordings through the Platform,
e) the functionality of the User's data network, the functionality of the User's hardware, the state of the User's software, the possible interventions of third parties into the User's software,
f) for ensuring the User's access to the Service.

10.4 The Operator is not liable for any damage that arises if any statement of the User under these Business Conditions proves to be incomplete or untrue. The User undertakes to indemnify the Operator in full and to eliminate all negative consequences of such a false or incomplete statement.

10.5 The Operator will be liable only for damages incurred by the User due to a breach of the Operator's obligations under these Business Conditions. This does not affect the above provisions on the limitation of the Operator's liability.

10.6 The service is provided in the "as is" state. The User waives all claims for defects arising from the use of the Service, to the extent permitted by Czech law. The consumer's rights from defective performance are governed by law. The user disclaims all warranties, to the fullest extent possible under Czech law.

10.7 The User acknowledges that the Operator makes reasonable efforts in the creation and operation of the Platform and in the provision of the Service to ensure the security of the transmitted information. However, the Operator is not responsible for breaches of the security of the Service and transmitted information that occurred independently of the Operator's will, despite reasonable efforts to secure the information by the Operator.

11. SUPPORT

11.1 Each User is entitled to contact the Operator in order to address the functionality of the Service, especially in cases where the Service is unavailable.

11.2 To contact the Operator it is possible to use:
a) email contact: Muibasapp@gmail.com,
b) contact form.

11.3 The language of communication is English.

12. DISUPTE RESOLUTION

12.1 In the event that a consumer dispute arises between the Consumer User and the Operator from the Service Agreement, which cannot be resolved by mutual agreement, the Consumer User may submit a proposal for out-of-court settlement of such a dispute to a designated out- of-court settlement entity. disputes, which is: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, address: Štěpánská 15 120 00 Prague 2, website: www.coi.cz. An out-of-court dispute resolution platform can also be used at the online dispute resolution platform at http://ec.europa.eu/consumers/odr. Contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC consumer dispute resolution online) is the European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.

13. SUSPENSION OF THE CONTRACT FOR THE PROVISION OF SERVICES

13.1 The Operator is entitled to suspend the provision of the Service to the User at any time in accordance with the Agreement on the provision of Services, even without a reason. In such a case, the User is not allowed to use the Service (not even partially). In the event of suspension of the provision of the Service, the Operator will send the User to his e-mail address specified in the Account information on the reason for which the provision of the Service is suspended for the User and for how long. The suspension of the performance of the Contract for the provision of Services by the Operator does not affect the possibilities of its termination pursuant to Article 14 of the Business Conditions.

14. DURATION AND TERMINATION OF THE CONTRACT FOR THE PROVISION OF SERVICES

14.1 The Contract for the provision of Services is concluded for an indefinite period.

14.2 The Operator is entitled to terminate the Agreement on the provision of Services at any time by a written notice sent to the email address of the User specified in his Account. The Agreement on the provision of Services is terminated on the day of delivery of the written notice to the User

14.3 The Operator terminates the Agreement on the provision of Services typically in cases where the User violates these Business Conditions or legal regulations.

14.4 The User is entitled to terminate its Service Agreement at any time by canceling its Account.

14.5 The user who is a consumer acknowledges that he has no right to withdraw from the Service Agreement under the provisions of § 1829 of the Civil Code, because the Services were provided with his express consent before the expiration of the period for withdrawal from the Service Agreement (provisions of § 1837 para. 1 letter a) of the Civil Code).

15. MUTAL COMMUNICATION

15.1 All notifications between the User and the Operator that relate to these Business Conditions or that are to be made on their basis must be made in writing and delivered to the other party. The written form requirement is complied with even if the notification is made electronically via the Account interface or by e-mail to the above addresses.

15.2 The User and the Operator undertake to inform the other party of this change within three (3) working days at the latest, in the event of a change in contact details, the User will do so by updating their contact details in the Account.

16. COMMON AND FINAL PROVISIONS

16.1 The Contract for the provision of Services can be concluded in the Czech language.

16.2 The concluded Contracts for the provision of Services are archived by the Operator in electronic form. The Operator has exclusive access to the archived Contracts for the provision of Services.

16.3 The User bears all costs of means of distance communication that will be incurred in fulfilling these Business Conditions. The costs do not differ from the basic rate of the respective provider.

16.4 The Operator is entitled to supplement or change these Business Conditions at any time. This addition and / or change will be published within the Platform and information about this addition and / or change will also be sent to each User to his contact e-mail specified in the Account. As of the effective date of the new wording of the Terms and Conditions, the previous Terms and Conditions shall cease to be effective. In the event that the User does not agree with the changes, he has the right to terminate the Service Agreement.

16.5 The User agrees that the Operator has the right to assign the Contract for the provision of Services, or a part thereof, to a third party. The User may not transfer or otherwise encumber his receivables from the Operator.

16.6 If any provision or part of these Terms and Conditions is invalid or unenforceable, or will become so in the future, such invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these Terms and Conditions, or parts thereof, unless it follows directly from the content of these Terms and Conditions, that this provision or part thereof cannot be separated from other content. In the case referred to in the previous sentence, the Operator undertakes to replace the ineffective or invalid provision with a new provision which, by its purpose and economic significance, is as close as possible to the provision to be replaced.

16.7 These Business Terms and Conditions, as well as all legal relationships arising from them, are governed by the laws of the Czech Republic.

16.8 This version of the Terms and Conditions takes effect on 28/03/2019.