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Terms & Conditions MusicSend.com ® “Where all your dreams come true”
MusicSend.com Terms of Use Agreement
January 1, 2007
MusicSend.com is an online music dedication station as well as a social networking service that allow its members both, artists and fans, to create unique personal profiles online and to share and enjoy music. The services provided by MusicSend.com (“MusicSend.com” or “we”) include all of the features of MusicSend.com including MusicSend.com’s social networking features, it applications including MusicSend.com’s radio, the MusicSend.com Top 20 and any other features, content, or applications offered from time to time by MusicSend.com in connection with the MusicSend.com website ( collectively, the “MusicSend.com Services”). The MusicSend.com Services are hosted here, in the United States of America.
The Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the MusicSend Services. By using the MusicSend Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which will mean that you simply browse the MusicSend Website) or you are a “Member” (which means that you are registered with MusicSend.com) or an “Artist” (which means that you have chosen to have your music included on MusicSend.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the Musicsend.com Services (regardless of whether you access or use as intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and we advise you to save it. If you do not agree with it, you should leave immediately. If you wish to become a Member, communicate with other Members, listen to our Artist’s music or otherwise share their music via MusicSend.com’s exclusive email service, or otherwise make use of the Member’s Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MusicSend.com’s policy for acceptable use of the MucisSend Services and Content posted on the MusicSend.com website, your rights, obligations and restrictions regarding your use of the MusicSend Services and MusicSend.com’s Privacy Policy. In order to participate in certain MusicSend Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MusicSend Services in which you choose to participate, those additional terms are hereby incorporated into the Agreement. You may receive a copy of this Agreement by emailing us at privacy@Musicsend.com, Subject: Terms of Use Agreement.
MusicSend.com may modify this Agreement from time to time and such modification shall be effective upon posting by MusicSend.com on the MusicSend Website. You agree to be bound to any changes to this Agreement when you use the MusicSend Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes.
Please choose carefully the information that you post on MusicSend.com that you provide to other Users. Your MusicSend.com profile may not include the following items: telephone numbers, street addresses, last names and any photographs containing pornography, nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MusicSend.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MusicSend.com assumes no responsibility or liability for this material. If you become aware of misuse of the Musicsend Services by any person, place or thing, please contact MusicSend or click on the “Report Inappropriate Content” link at the bottom of any MusicSend.com page.
MusicSend.com reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MusicSend Services at any time, for any or no reason, with or without prior notice, and without any liability whatsoever.
1. Eligibility. Use of the Membership in the MusicSend Services is void where prohibited. By using the MusicSend Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the MusicSend Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, at any time and for any reason, including if we believe that you are under 14 years of age. 2. Term: This Agreement shall remain in full force and effect while you sue the MusicSend Services or are a Member. You may terminate your Membership, for any reason, by following the instructions on the Member’s Account Settings page. MusicSend.com may terminate your Membership at any time, without warning and for any reason. Even after Membership is terminated, this Agreement will remain in full force and effect, including all provisions contained herein. 3. Fees. You acknowledge that MusicSend.com reserves the right to charge for the MusicSend Services and to change it fees from time to time at its discretion. In the event that MusicSend.com terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, if any. 4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MusicSend.com immediately if you suspect any unauthorized use of you account or access to your password. You are solely responsible for any and all use of your account. 5. Non-Commercial Use by Members. The MusicSend Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MusicSend.com. Illegal and/or unauthorized use of the MusicSend Services, including collecting usernames, and/or email addresses or Members by electronic or other linking other MusicSend website is prohibited. Commercial advertisements, affiliate links and other forms of solicitation may be removed from member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized user of the MusicSend Services. 6. Proprietary Rights in Content on MusicSend.com
1. MusicSend.com does not claim any ownership rights in any music, text, files, images photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post on the MusicSend the MusicSend.com website. After posting your Content to the MusicSend services, you continue to retain all ownership rights in your Content and you continue to have the right to use your Content in any way that you choose. By displaying or publishing or uploading your music (collectively “posting”) any Content on or through the MusicSend services, you hereby grant to MusicSend.com a non-exclusive license to use, modify, publicly perform, publicly display, reproduce and distribute such Content solely on and through the MusicSend.com website and its services.
Without this license, MusicSend.com would not be able to provide the MusicSend services. For example, without the right to modify Member Content, MusicSend.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements and without the right to publicly perform Member Content, MusicSend.com could not allow Users to listen to music posted by Members. The license you grant to MusicSend.com is non-exclusive (meaning that you are free to license your Content to anyone else in addition to MusicSend.com), fully-paid and royalty-free (meaning that MusicSend.com is not required to pay you for the use on the MusicSend Services of the Content that you post), sub-licensable (so that MusicSend.com is able to use its affiliates and subcontractors such as Internet content and delivery networks to provide the MusicSend Services) and worldwide (because the Internet and the MusicSend Services are global in reach). This license will terminate at the time you remove your Content from the MusicSend.com website. The license does not grant MusicSend.com the right to distribute the right to distribute your content outside of the MusicSend services. 2. You represent and warrant that: (i) you own the Content posted by you on or through the MusicSend Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting or your Content on or through the MusicSend Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MusicSend Services. 3. The MusicSend Services contain Content of MusicSend.com (“MusicSend.com Content”). MusicSend.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MusicSend.com owns and retains all rights in the MusicSend.com Content and the MusicSend Services, logos and web addresses, to name a few. MusicSend.com hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the MusicSend.com Content (excluding any software code) solely for your personal use in connection with viewing the MusicSend Website and using the MusicSend Services. 4. The MusicSend Services contain Content of Users and other MusicSend.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or see any Content appearing on or through the MusicSend Services. 7. Content Posted
1. MusicSend.com may delete any Content that in the sole judgment of MusicSend.com violates any of the terms of this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MusicSend.com assumes no responsibility for monitoring the MusicSend Services for inappropriate Content or conduct. If at any time MusicSend.com chooses, in its sole discretion, to monitor the MusicSend.com services, MusicSend.com nonetheless assumes no responsibility for the Content and no responsibility for the conduct for the User submitting any such Content. 2. You are solely responsible for the Content that you post on or through any of the MusicSend Services, and any material or information that you transmit to other Members and for your interactions with other Users. MusicSend.com does not endorse and has no control over the Content. Content is not necessarily reviewed by MusicSend.com prior to posting and does not necessarily reflect the opinion or policies of MusicSend.com. MusicSend.com makes no warranties, neither express nor implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through he MusicSend Services. MusicSend.com reserves the right to investigate and take appropriate legal action against anyone who, in MusicSend’s sole discretion, violates this provision, including without limitation, removing the offending communication from the MusicSend Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MySpeace.com: 1. Is patently offensive and promotes racism, bigotry, hatred or physical harm or any kind against any group or individual; 2. harasses or advocated harassment of another person; 3. exploits people in a sexual manner; 4. exploits people in a violent manner; 5. contains nudity, violence, or offensive subject matter or contains s link to an adult website or other website that does; 6. solicits personal information from anyone under 18; 7. provides any telephone numbers, street addresses, last names, URLs or email addresses; 8. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 9. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music or links to pirated music files; 10. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or any other method of intruding on any others quite enjoyment. 11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including, but not limited to making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses; 13. solicits passwords or personal identifying information for commercial for unlawful purposes from other Users; 14. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes ,barter, advertising or pyramid schemes; 15. includes a photograph or another person that you have posted without that person’s consent; 16. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the MusicSend Website and through your use of the MusicSend services. MusicSend.com reserves the right to investigate and take appropriate legal action against anyone who, in MusicSend.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 2. advertising to, or solicitation of, any Member to buy or sell any products or services through the MusicSend Services. You may not transmit any chain letters or junk email to other Members. If is also a violation of these rules to use any information obtained form the MusicSend Services in order ton contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MusicSend.com reserves the right to restrict the number of emails which Member may send to other Members, or anyone for that matter, in any 24 hour period to a number which MusicSend.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MusicSend services, you acknowledge that you will have caused substantial harm to MusicSend.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MusicSend.com fifty dollars ($50.00) for each such unsolicited email or other unsolicited communication you send through the MusicSend services; 3. Covering or obscuring the banner advertisements on your personal profile page, or any MusicSend.com page via HTML/CSS or any other means; 4. any automated use of the system, such as using scripts to add friends of send comments or messages; 5. interfering with, distribution, or creating an undue burden on the MusicSend Services or the networks or services connected to the MusicSend Services. 6. attempting to impersonate another member or person; 7. for band profiles, copying the code for your MusicSend Player and embedding it into other profiles or asking other Members to embed it into their profiles; 8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access our account; 9. selling or otherwise transferring your profile; 10. using any information obtained from the MusicSend Services in order to harass, abuse or harm another person; 11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MusicSend Services on behalf of that person, such a s placing commercial content on your profile, posting blogs or bulletins with a commercial purpose or sending a private message with a commercial purpose; or 12. using the MusicSend Services in a manner inconsistent with any and all applicable laws and regulations. 9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MusicSend.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to MusicSend.com by the copyright owner or that copyright owner’s legal agent. Without limiting the foregoing, if you b believe that your work has been copied and posted on the MusicSend. Services in a way that constitute \ copyright infringement, please provide our Copyright Agent with the following information : (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest ; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MusicSend Services; (iv) you address, telephone number, and email address; (v) a written statement by those that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iv) 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. MusicSend.com’s Copyright agent for notice of claims of copyright infringement ban be reached as follows: Copyright Agent, MusicSend.com, Inc. 16133 Ventura Blvd., Suite 1200, Encino, CA 91436; Facsimile (818) 995-1213; Attn: Copyright Agent; Email: copyrightagent@musicsend.com. 10. Member Disputes. You are solely responsible for your actions and interactions with fellow MusicSend.com Members. MusicSend. Com reserves the right, but maintains no obligation, to monitor disputes between you and other members. We may, at are sole discretion and without encumbrance, remove anyone from the MusicSend.com website and forbid, and/or restrict their privilege to use our services. 11. Privacy. Use of the MusicSend Services is also governed by our Privacy Policy, which is incorporated into their Agreement by this reference. 12. Disclaimers. MusicSend.com is not responsible for any incorrect or inaccurate Content posted on the MusicSend.com website or in connection with the MusicSend Services, whether caused by Users of the MusicSend Services or by any of the equipment or programming associated with or utilized in the MusicSend Services. Profiles created and posted by Members on the MusicSend Website may contain links to other websites. MusicSend.com is not responsible for the Content, accuracy or pinions expressed on such websites, and such websites are in no way investigated monitored or checked for accuracy or completeness by MusicSend.com. Inclusion of any linked website on the MusicSend Services does not imply approval or endorsement of the linked website by MusicSend.com. When you access these third-party sites you do so at your own risk. MusicSend.com takes no responsibility for third party advertisements which are posted on this MusicSend website or through the MusicSend Services, nor does it take any responsibility forth e goods or services provided by its advertisers. MusicSend.com is not responsible for the conduct, whether online or offline, of any User of the MusicSend Services. MusicSend.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. MusicSend. Com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MusicSend Services or combination thereof, including any injury or damage to Users or to any persons computer related to or resulting from participation of downloading materials in connection with the MusicSend Services, Under not circumstances shall MusicSend.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MusicSend Services attendance at a MusicSend.com event, from any Content posted on or through the MusicSend Services, or from the conduct of any Users of the MusicSend Services, whether online or offline. The MusicSend Services are provided “As-IS” an as available and MucisSend.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MusicSend.com cannot guarantee and does not promise any specific results from use of them MusicSend Services. 13. Limitation on Liability. Read Carefully In no event shall MusicSend.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if MucisSEnd.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MusicSend.com’s liability to you for any cause whatsoever and regardless of the form of the action, will at all time be limited to the amount paid by you, if any, to MusicSend.com for the MusicSend.com services during the term of the membership. 14. U.S. Export Controls. Software available in connection with the MusicSend Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the MusicSend Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. 15. Disputes. If there is any dispute about or involving the MusicSend Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either MusicSend.com or you may demand that tany dispute between MusicSend.com and you about or involving the MusicSend Services must be settled by arbitration utilizingnt the dispute resolution provedures of the American Srbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoinog shall not prevent MucisSend.com from seeking injunctive relief in a court of competent jurisdiction. 16. Indemnity. You agree to indemnify and hold MusicSend.com it subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out or your use of the MusicSend Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representation and warranties set forth about and/or in any Content that you post on the MusicSend website or through the MusicSend Services causes MusicSend.com to be liable to another. 17. Other. This Agreement is accepted upon your use of the MusicSend Website or any of the MusicSend Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire Agreement between you and MusicSend.com regarding the use of the MusicSend Services. The failure of MusicSend.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. MusicSCend.com is a trademark of MusicSend, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at MusicSend with any questions regarding this Agreement.
BY UTILIZING THE MUSICSEND WEBSITE YOU ACKNOWLEDGE THAT YOU AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |