Quick Contact

For all enquiries please complete the short contact form below.
We aim to respond within 24 hours.

Terms of Service

Musik Lemon is a trading name of Capital New Media Ltd  ("Musik Lemon", "we" or "us") provides a platform to enable you to create a smart phone and tablet applications (each a “Mobile Application”) and mobile website solutions (each a “Mobile Site”) as well as related hosting and support services (the "Service"). As used in this document “Mobile Offering” means the Mobile Applications and Mobile Sites. By using the Musik Lemon website ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

We reserve the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Service.  Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.

Account Terms

1. You must be 13 years or older to use this Service and open an account ("Account").
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
4. You are responsible for maintaining the security of your Account and password. Capital New Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. Capital New Media Ltd will be the sole publisher of your Mobile Applications with any mobile platform provider including, but not limited to, for the Android Market and Apple Computer, Inc. ("Apple"). Such mobile platform providers are referred to in these Terms of Service as "Providers" and you may not use your own Account to publish a Mobile Application with any such Providers.
6. Except for Site Advertisements (defined below), you are responsible for all text, data, graphics, images, photos and video files posted on the Site or via the Service ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Your Content includes any advertisements sourced and/or made available by you via your paid Mobile Offerings.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).

Payments and Refund Terms

1. Except in connection with a free feature of the Service, a valid credit card is required.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United Kingdom taxes.
4. Capital New Media will use commercially reasonable efforts to have the Mobile Application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Mobile Application is denied by the appropriate Provider, you may cancel your Account and will receive a full refund providing you have adhere to the terms of this agreement
5.  If invoiced, payment is due upon receipt.

Cancellation and Termination

1. You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via support@musiklemon.com Cancellations by phone or sent via any other means will not be considered valid.
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Capital New Media, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Capital New Media service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
5. Capital New Media reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Capita New Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.
2. Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.
3. Capital New Media shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.
4. From time to time, Capital New Media may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Capital New Media will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.

Free Mobile Website Solution

1. As part of the Service, in addition to offering a package that includes Mobile Sites, desktop site and Facebook page for which you can pay a fee to create, you can also create a Mobile Site without charge (each “Free Mobile Website Solution”). If you choose to use our Free Mobile Website Solution, you understand and agree to the following terms: (a) Capital New Media has the sole and exclusive right to place and/or run any and all advertising (including, but not limited to, advertising campaigns and affiliate links) (“Site Advertising”) on the Free Mobile Website Solution in its sole discretion and you will not place and/or run Site Advertising of any kind on the Free Mobile Website Solution; (b) you will not be entitled to compensation of any kind as a result of any Site Advertising made available via a Free Mobile Website Solution; and (c) you will not interfere with the display of any Site Advertising or enable or encourage any third party to engage in the foregoing activity.
2. You may convert a Free Mobile Website Solution to a paid Mobile Site by upgrading via the Control Panel at any time. For more information regarding paid Mobile Sites and the applicable fees you may visit musiklemon.com.

End Users and End User Data

Capital New Media may collect certain information generated or provided by end users of a Mobile Offering (“End User Data”). Depending on the type of Mobile Offering you choose to create via the Service, End User Data may include the personally identifiable information and/or non-personally identifiable information of end users. You acknowledge and agree that:

1. You and your Mobile Offering must abide by all applicable privacy laws and regulations, and by the terms and conditions set forth by the Provider as applicable. Any privacy policy you make available to end users of your Mobile Offering will include any and all disclosures and election procedures that may be required under applicable laws in light of the provision of the Service contemplated by these Terms of Service, including, without limitation, clear and conspicuous disclosure to end users about your practices with respect to the collection, use and sharing of End User Data on or through the Service and your use of third party service providers.
2. If you choose to create a Free Mobile Website Solution via the Service: (a) we may collect End User Data and use such data in our sole discretion in accordance with the terms of the privacy policy law; (b) as between Capital New Media and you, Capital New Media has all right, title and interest to any End User Data and Capital New Media has no obligation to provide you with access to, or share, any such End User Data with you; and (c) you will not interfere with the collection of End User Data by Capital New Media via any Free Mobile Website Solution or enable or encourage any third party to engage in the foregoing activity.
3. You are solely responsible for your interactions (including any disputes) with end users and Capital New Media does not in any way screen end users. We may, but is under no obligation to, monitor or censor any comments made by end users or content provided by end users and disclaims any and all liability relating thereto.

License Grant, Copyright and Content Ownership

1. You hereby grant to Capital New Media a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to the Service. Capital New Media does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.
2. We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Offering, you agree to allow others to view and share your Content via your Mobile Offering.
3. Capital New Media does not pre-screen Content, but Capital New Media and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Capital New Media exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from Capital New Media.
5. You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with your Mobile Offering.

General Conditions

1. You agree that you will not post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children or may be deemed "directed to children" as the term is defined under Children’s Online Privacy Protection Act of 1998; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances.
2. You acknowledge that Capital New Media has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Capital New Media reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.
3. You understand that Capital New Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Capital New Media service.
5. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Capital New Media.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Capital New Media customer, employee, member, or officer will result in immediate Account termination.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.

Disclaimers

Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAPITAL NEW MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Capital New Media does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

Indemnity

You agree to defend, indemnify, and hold Capital New Media, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Offering.

Limitation of Liability

You expressly understand and agree that Capital New Media shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Capital New Media has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. In no event shall Capital New Media’s liability to you exceed the amount actually paid to Capital New Media by you during the preceding 12 months.

Governing Law

These Terms of Service and any action related thereto will be governed by the laws of England and Wales.

Dispute Resolution

1. You and Capital New Media agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Mobile Offering (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Capital New Media are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Capital New Media otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.

General

The failure of Capital New Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Capital New Media and govern your use of the Service, superseding any prior agreements between you and Capital New Media (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.

You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

Contacting Capital New Media; Technical Support

Questions about the Terms of Service or for general technical support information you may visit http://support.capitalnewmedia.com

About Us

Musik Lemon was created by Capital New Media Ltd, an experience digital and social media service provider, covering all aspects of media mobile content.

We use some of the latest mobile and social networking media technology to create quality cross platform Facebook pages, mobile websites and mobile applications.

Capital New Media understands the client’s need to stay ahead of the competition and utilizes ground breaking, innovative creative concepts to support development, marketing, advertising, PR, media graphics, new media and online broadcasting.

With a range of template for various industries we guarantee to offer a competitive and reliable service that will provide the optimum media solution for your business needs.