Terms & Conditions
Date Effective: January 8 2020
Most Recent Update: January 8 2020
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Digital Music Alliance Inc. doing business as Music Alliance.com (“we,” “us” or “our”), concerning your access to and use of the MusicAlliance.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto and any third party sites related to the delivery of benefits and events as part of our site. (Collectively, the “Site”)
By accessing and/or using the currently available service(s) defined herein and on the site or added over time, you agree that you understand and have read these conditions for your use of all services provided under agreement here. You agree to be bound by the conditions and terms described in this document (hereinafter referred to as “terms”). If you do not agree to the terms, or are otherwise not eligible to use these services, then we refuse permission for you to use Our Service(s) described and provided here by us. Your use of Our Service (s) and provision of Our Service(s) to you, constitutes an agreement by company and company’s and you are bound by these terms.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
AS FURTHER DESCRIBED IN OUR DISPUTE RESOLUTION AND ARBITRATION AGREEMENT THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. THESE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, TO THE FULLEST EXTENT PERMITTED UNDER LAW. YOU MUST REVIEW AND AGREE WITH OUR DISPUTE RESOLUTION AND ARBITRATION AGREEMENT TO BECOME OR REMAIN A MEMBER OF OUR COMMUNITY.
2. Introduction and Eligibility
a. Revisions to Terms. Effective immediately, we have the right to alter, adapt and/or change our Terms at any time and we urge you to review these Terms regularly for updates and alterations. Should changes to these Terms alter your obligations and/or rights, you may be required to accept the altered Terms to continue to use Our Service. Modifications to this agreement are effective upon your acceptance of the adjusted Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time of the dispute.
b. Eligibility. You must be 18 years old to use Our Service unless you are 16-17 years old and have provided written approval of a parent or legal guardian. By agreeing to these Terms, you represent: (i) you are at least 18 years old or alternatively are 16-17 years old and have provided permission from your parent or guardian; (ii) you are not suspended or previously removed from Our Service; and (iii) your use is compliant with all applicable laws and regulations. Or you are an entity, organization, or company, and the individual accepting these Terms on your behalf represents and warrants that they have authority to agree to these Terms and you agree to these Terms. Our services are not directed to persons under 16 years old. If you are under 16 years old, you must not use our service(s) in any way or at any time unless an exception is granted in writing for a unique purpose or reasons unforeseen.
3. Our Service
a. “Our Service” means Our website located at www.MusicAlliance.com, as well as affiliated websites owned by and associated with Us. It also means any Community events held by Us or with Affiliates on Third Party Sites. Additionally, it may include mobile applications and associated software tools, applications and Internet services whether controlled partially or otherwise and which are used to deliver benefits and services as part of Our Service. We provide personal and professional services, tools, resources, learning, collaboration and community to musicians and related professionals. To enhance the process of music creation, collaboration, performance, marketing and career development. We reserve the right to change, suspend, add to or discontinue any aspect of Our Service at any time.
b. Third-Party Services. We are an association of individuals, businesses and communities. Our Service may link internally to a web presence owned and controlled by third parties within Our multisite hierarchy, or externally to other websites. Both are nonetheless “Third Party Sites”. When you utilize these links, you are leaving our Service and we are not responsible for these Third-Party Sites, whether or not we are affiliated with these sites in any way or not. Though some Third-Party Sites may use licensed materials provided by Us, We do not endorse, warranty or provide assurances for the organizations, products or services of Third-Party Sites in any way and are not responsible or liable for any loss or damage of any sort incurred as a result of any transactions, interactions or outcomes of any dealings you may have with a Third Party Site.
4. Account Creation and Your Account
a. Every person utilizing our Service is a “Member” Our service requires you create an account by completing all fields in our provided registration form, including a valid email address, password and Member name. (i) You may not select or use a Member name that represents yourself as another person, nor attempts to impersonate that person in any way. (ii) Without appropriate authorization, you may not use a name that is subject to the rights of another individual or company. (iii) You may not use a name that is obscene or offensive, vulgar or hateful.
You represent and warrant that the registration information you provide is accurate and complete. At our sole discretion we reserve the right to reject, terminate and deliver a Member name to another Member of Our Service without any liability to you. We reserve the right to verify Member accounts and to require additional information from you to provide a verified Member account.
b. Your Log-In Credentials. Your log-in credentials and all activities that occur through the use of your credentials are your responsibility. Confidentiality is essential and you must notify [email protected] immediately if you believe the confidentiality of your log-in credentials has been compromised and unauthorized use of your account is suspected, likely or possible. We are not liable in any way for loss or damage caused from unauthorized use of your credentials.
c. You represent that if you create an account and use Our Service on behalf of an entity such as a corporation, LLC, Partnership, Association or society, then you by using Our Service, bind such entity to these Terms. And that you have the authority to bind the entity in legal agreements and contracts.
d. You acknowledge that We may change, suspend, or discontinue any aspect of Our Service at any time.
By using Our Service or submitting personal information to us, you agree we may communicate with you in any way prudent and possible, regarding security, privacy, customer service, and other administrative issues relating to your use of Our Service. If we become aware of a security breach, we may attempt to notify you by posting a notice on Our Service or sending an email using the email address you provided to us. To receive written notice of a security breach (or to withdraw consent to electronic notice), please contact us at [email protected]
6. Your License to Other Members and to Us
(i) Community means the members and digital virtual space engaged in delivery of benefits, services and member association for individuals and entities wishing to benefit from collaboration and engagement with likeminded individuals and entities as part of MusicAlliance.com
(ii) “Us/We/Our” Digital Music Alliance Inc doing business as Musicalliance.com, and all related parties contingent to the operation of these entities
(iii) Member means an entity or person that has registered with the “Community” MusicAlliance.com or has accepted appointment as an “Honorary” position within the “Community” and is represented as a member of MusicAlliance.com and Digital Music Alliance Inc
(iv) “Composer” means a Member who Posts a Track that has not been modified to Our Service or a Member that is deemed a Composer as described in Sections 6.h(i)(2)and 6.h(ii).
(v) “Collaborator” means a Member who is invited to contribute to and modify a Track by that Track’s Composer
(vi) “Private” is a Member Setting for a Track that is only available to the Composer and Collaborators.
(vii) “Private Remix License” is a license that Composers of Public Tracks grant to Member who modify the Composers Public Track as a new Private Track. Under the Private Remix License, the Composer hereby grants each Member who modify the Composers Public Track as a new Private Track a royalty-free license to modify the Composers Public Track solely as a new Private Track. For the avoidance of doubt, the Private Remix License only applies to Private Tracks that are modified from Public Tracks and does not apply if such a Private Track is made Public.
(viii)“Collaboration License” is a license that Composers of Tracks grant to their Collaborators. Under the Collaboration License, the Composer hereby grants each Collaborator an irrevocable, royalty-free license to Modify the Composers Track solely within the Composers project workspace for that Track.
(ix) “Public” is a Setting for a Track that permits any Member to contribute to that Track.
(x) “Modify” means to access, download, use, perform, transmit, display, reproduce, modify, adapt, prepare derivative works of, synchronize, and combine a Track with any other material, in whole or in part, and in any media formats, now known or hereafter created.
(xi) “Track Setting” is a setting that dictates who may contribute to a particular Track. Track Settings include Private and Public.
(xii) “Modified Tracks” means Tracks that have been modified by other Member Contributors.
(xiii) “Track” means any musical work or sound recording, such as a session file from a Digital Audio Workstation and which is Posted as Member Content.
(xiv) “Use” means to reproduce, distribute, publicly display, transmit, synchronize, communicate to the public, make available, publicly perform (including by means of digital audio transmissions) on a through-to-the audience basis, create derivative works from, transmit to Third Party Sites, and otherwise use and exploit.
(xv) “Member Content” means any material that you Post to Our Service , including, without limitation, musical works, sound recordings (including Tracks and Modified Tracks), literary works, photographs, audiovisual works, artwork and Other Content (as defined in Section 5.c).
(xvi) “CC BY-NC-SA 4.0” means the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license.
(xvii) . “Post”, “Posted” and “Posting” means to upload, submit, publish or display to Our Service
(xviii) “Our Service” means all directly related and third party related services, events, benefits, discounts, offers, and other unnamed parts of Our community, Our website, Our affiliate offers, and Our Member content
(xix) “Third Party Sites” means websites or applications that are not exclusively operated or controlled by Us and that do not involve significant participation of Us and do not operate under the terms and conditions of Our Service. Though some Third Party Sites operate as subdomains of MusicAlliance.com, and within Our network, we are not responsible or accountable in any way for Third-Party Sites.
b. We Do Not Claim Ownership. Except as described in section 6.h.iii Collaboration and Licenses between Members. You, or when applicable, third-party licensors, retain your intellectual property rights for your Content Posted to Our Service. However you are responsible for enforcing and protecting these rights to your Member Content, including license violations pursuant to Section 6.h of license granted to other Members. We need not enforce a violation of these Terms by another Member, though we reserve the right to terminate those Members.
c. Member Content In General. Posting Member Content is not a right, it is a privilege. For any Member, for any reason, at any time, we may terminate this privilege without liability to such Member. If you determine that any Member Content is, in any way objectionable, then notify us at [email protected]. You are solely and completely responsible for the content of any Member Content. There will be areas for Members to post content other than Tracks, such as comments pictures or artwork. (all Member Content other than a Track is “Other Content”). This Other Content is subject to applicable restrictions and license granted in this Section. All opinions Posted as part of Other Content are attributed only to the entity or person that expressed it.
d. The License You Grant to Us. Helping bring attention to you, your music and our community is the essence of what we provide to our membership. Thus you grant Us a global, revocable, royalty-free, unrestricted, assignable, sublicensable license, to Use all Member Content you Post to Our Service, through any media and formats now existing or later developed, for the purpose of; (i) marketing, promoting and advertising, all aspects of the Community, Members, Our Service, and the Company; (ii) sharing information about your Member Content with other Member s as well as third parties and Third Party Sites; and (iii) as authorized in these Terms, Using your Member Content on and through Our Service, for the purposes of the Community and its Members. You grant a royalty-free license to us to Use your likeness, image, name, voice, as made available by you, or on your behalf, through Our Service in conjunction with marketing, or promoting you, or advertising your Member Content, the Community, Company, or Service. The rights granted to Us herein include, and are not limited to, the right to reproduce your sound and music recordings, to make mechanical reproductions of the musical works embodied in these sound and music recordings, and publicly perform these sound and music recordings including the musical works embodied therein, on a royalty-free basis. This means that you are granting Us the right to Use your Member Content without the obligation to pay royalties to any third party, including, but not limited to, a copyright owner, such as a record label, a musical work copyright owner such as a music publisher, a performing rights or sound recording rights organization, nor any unions, guilds, engineers, producers or other royalty participants involved in creation of the Member Content. However, if your Member Content is a Track, then we will exercise our rights in Section 6.d, consistent with the Track Setting you have chosen for this Track. If you’ve indicated that a Track is Private, then we will exercise the rights consistent with your intent to keep it private, and not use this Track to promote the Community, its members, nor advertise or market, the Company or Our Service for so long as the Track is set to Private.
e. You Require Rights for What You Post. if you are not the copyright owner of or are not fully authorized to grant rights in, all of the elements of the Member Content you intend to Post to Our Service , then you must not do so. Additionally, if you only own the rights in and to a sound recording, but not to the underlying musical works in such sound recordings, then you must not Post them to Our Service unless you possess the necessary permissions rights and authorizations to such embedded musical works, sufficient to grant you the rights to sublicense Us pursuant to these Terms. The use of any portion of third party sound recordings are not permitted on Our Service unless you have obtained these rights. You expressly warrant that: (i) any Member Content you Post to Our Service is offered in good faith, is not misleading and is truthful and accurate. (ii) you own or have the right to grant the license set forth in these Terms for the Member Content you Post on or through Our Service ; (iii) The Member Content you post on or through Our Service does not violate any rights of any person including; copyrights, privacy rights, intellectual property rights, publicity rights, or contract rights (iv) the Member Content you Post on Our Service will not require Us to provide any attribution to any third parties or pay any fees, royalties, compensation or other amounts, nor obtain any further licenses whatsoever (v) You will not post your Member Content on Our Service if it results in a breach of contract between you and a third party. You must pay all amounts owed to any entity or person resulting from your Posting of Member Content on Our Service, as well as any subsequent use by any Member s who have used this Member Content in any way from time to time in effect. You agree that your Member Content is non-confidential and non-proprietary, except as otherwise agreed upon between you and us.
f. Rules for Musical Works. If you have affiliated with a Performing Rights Organization as an author or composer of a musical work, then you must notify them of the royalty-free license you have granted to Us, through the terms herein. You are completely responsible for compliance with the reporting obligations of your Performing Rights Organization. If applicable you must obtain the consent of your music publisher to grant the royalty-free license(s) set forth in these Terms or have your music publisher enter into these Terms with Us. Though you may have written a song, it does not ensure you have the right to grant us the license required in these Terms.
g. Through-To-The-Audience Rights. Owners or operators of Third Party Sites will not have any separate liability to you or any other third party for Member Content Posted or Used on such Third Party Sites via Our Service. All rights you grant in these Terms are provided on a through-to-the-audience basis.
h. Collaboration and Licenses Between Members
i. Public Tracks. If you Post a Public Track, you are subject to the following terms with respect to such Public Track.
(1) If you are the Composer of a Public Track, you grant each Member who incorporates your Public Track and creates a new Track within such Member ’s workspace: (A) while Your Setting for that Track is Private a Private Remix License; and (B) while Your Setting for that Track is Public, a worldwide, non-exclusive, royalty-free, perpetual (for the duration of the copyright in the Track), and transferable license to Use such Public Track under the terms of the CC BY-NC-SA 4.0.
(2) If you are a Collaborator on a Public Track, the Composer grants you a Collaboration License and you hereby grant the Composer an irrevocable, perpetual, royalty-free license to Use any of your Member Content incorporated into the original Public Track. You may also incorporate such Public Track in your own workspace. In that case, if, subject to the Composers prior authorization you make Your Track Public (), then the licenses in Section 6.h(i)(1) will apply as if you are the Composer.
ii. Private Tracks. Subject to you obtaining the Composers permission, if you are a Collaborator on a Private Track, then the Composer grants you a Collaboration License and you hereby grant the Composer an irrevocable, perpetual, royalty-free license to Use any of your Member Content incorporated into the original Private Track. You may incorporate such Private Track in your own workspace. In that case, subject to the Composers authorization, if you make your modified Track Public, then the licenses in Section 6.h(i)(1) will apply as if you are the Composer
- Waiver of Rights. Subject to your Settings, by Posting Member Content, including Modified Tracks incorporating the works of others, to Our Service , you waive any rights to prior inspection or approval of any Modified Tracks or other materials related to such Member Content. You further waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your Member Content or to any Modified Tracks incorporating any or all of your Member Content. You agree to never assert moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Member Content you Post to Our Service or to any Modified Tracks incorporating your Member Content, during the term of these Terms. If any moral rights are not transferable or assignable, then You waive any rights you may have regarding your Member Content being altered or manipulated in any way that may be objectionable to you, however, if you object to any such uses, at our sole discretion, we will address your concerns to the best of our ability. It is our sole discretion and we reserve our right to refuse to Post or maintain any Member Content whatsoever.
iii. Group Collaboration At Creative and Learning Events. Unless there are specifically named and recorded exceptions, it will be presumed that your participation as part of any group collaborative sessions in our Community or on our website, or through participation in events sponsored by our community on third-party sites, are voluntary and for learning purposes only. Though you may have remitted fees participated and contributed creative ideas, and you warrant those contributions are original to the best of your knowledge, no personal benefit will be derived or should be expected or will be provided whatsoever. Including but not limited to any licenses, rights, Collaboration License, writing credits, mechanical or performance rights, synchronization rights, any and all rights of privacy, publicity or any other rights of a similar nature or any other such licenses and rights whether mentioned here or not. We warrant that any income derived from works of this nature created through these community events and projects will be used solely for scholarships, bursaries and grants suitable for the mission of our community.
7. Plug-Ins and Premium Add-Ons
8. Use Ownership and Content
- Our Intellectual Property Rights Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
- Use of Our Service and Materials The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- you are granted a limited license Provided that you are eligible to use the Site, you may download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. You may not: (a) copy, display in public, distribute, or use for public performance any aspect of Our Service without express written permission; (b) make any modifications to Our Service; or (c) interfere with or circumvent any aspect of Our Service, including any security or access processes. If you are prohibited under applicable law from using Our Service, you may not use it.
- Additional Licenses May Be Required Some services, features, benefits or add-ons may require separate or different licenses and be subject to additional or different license terms and conditions. You will be notified in advance of these additional or different license terms and conditions. using these services or materials, and by using Our Service and/or downloading materials you agree to be bound by with these terms and conditions.
- Guidelines for reviews. We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements;
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
f. Social Media As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
g. Advertisers We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements or as separate affiliate pages or advertorial placements in the context of the site. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
- Prohibited activities you may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile or any aspects of your services, benefits or rights as a member.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
i. Member Content Disclaimers, Limitations, and Prohibitions (i)We do not represent or guarantee the truthfulness, accuracy, or reliability of Member Content. You accept that any reliance on material posted by other Members or third-party service providers will be at your own risk. By using Our Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
(ii) You are solely responsible for your Member Content on Our Service. You assume all risks associated with your Member Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your Member Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. Additionally, you are solely responsible for maintaining backup copies of any Member Content you upload to Our Service. We are not responsible for the deletion or unavailability of any Member Content.
j. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
9. Site Management
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
10. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
11. Account Profile
Our Service provides for the ability to create a personal profile page as part of your account settings. Your profile may include images, tracks, biographical and contact information. These materials are subject to all license grants, covenants, representations, and warranties represented in these Terms and conditions. Profiles are public by default, but your Tracks may be public or private based on your settings.
12. Intellectual Property Policy
a. We ask Our Members to respect the intellectual property of others and take the protection of intellectual property seriously. We do not tolerate this activity in our community. Our policy is to (i) upon notice from an intellectual property owner, to remove material that impinges on a third parties intellectual property rights by being made available on Our site. (ii) we maintain the right to terminate the account of any Member upon any single claim, but we consider a “repeat offender” to be any Member for whom we have received multiple takedown notices compliant with the provisions of 17 U.S.C. § 512(c)
b. Remedy for intellectual property owners is provided through the Digital Millennium Copyright Act. If you believe that materials posted on Our site affect your intellectual property rights, then you may notify Us through a “Notification of Claimed Infringement” to request that the material be blocked or removed. The notice must include:
(i) your signature or the signature of a person authorized to act on your behalf (your “agent”) (the signature can be either physical or electronic);
(ii) Identification of the copyrighted work that is being infringed;
(iii) Identification of the activity that is infringing and information reasonably sufficient to permit US to locate the infringing activity on its site;
(iv) your email address and any other information to allow Us to contact you or your agent directly;
(v) a statement that your or your agent has a good faith belief that the activity is unauthorized; and
(vi) a statement that the information in the notice is accurate and, under penalty of perjury, that your agent is authorized to act on your behalf.
If you believe that a notice has been wrongly filed against you then the DMCA permits you to send Us a counter-notice.
- Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Our Service should be sent to:
Digital Music Alliance Inc.
6839 Ponderosa Way
Las Vegas, NV 89118
or [email protected]
d. Counter Notification. You have the right to provide Us with a Counter Notification, ifyou receive notice that Member Content posted by you has been the subject of a DMCA claim. A counter notification must be in writing and include;
(i) your physical or electronic signature;
(ii) your name, address, and phone number;
(iii) identification of the material and its location before it was removed;
(iv) a statement under penalty of perjury that the material was removed by mistake or misidentification;
(v) your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
(vi) your consent to accept service of process from the party who submitted the takedown notice.
(vii) the abovesent to Digital Music Alliance Inc. 6839 Ponderosa Way Las Vegas, NV 89118 or [email protected]
If you determine to submit a Counter Notification, you should engage a lawyer or see 17 U.S.C. § 512 to understand your obligation to provide a valid counter notification under the Copyright Act.
e. False Notifications. The Copyright Act provides that:
any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [our] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
We reserve the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
We do not seek to provide you legal advice but we recommend you Consult your legal advisor and review 17 U.S.C. § 512 before filing a notice or counter-notice. It is prudent to recognize that DMCA provides for penalties for false claims.
13. Your Input and Suggestions
If you provide your ideas, or input, suggestions, solutions, proposed modifications or improvements to Our Service then you grant Us perpetual, irrevocable, unrestricted, non-exclusive, fully-paid, royalty-free rights to use your input to improve Our Service and/or create other products and services.
14. Member and Affiliate Disputes
Use caution and common sense when using Our Service and dealing with other Members and Affiliates. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with other parties. You release us of all claims, demands, and damages resulting from disputes among Members and Affiliates of Our Service and will not involve us in such disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using Our Service, including Members and Affiliates.
15. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
[NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE FOUR MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
19. Term and Termination
These Terms are effective beginning when you accept the Terms or first access or use Our Service, and ending when terminated as described below. These Terms and Conditions shall remain in full force and effect while you use the Site. If you violate any provision of these Terms, your authorization to access Our Service and these Terms automatically terminates.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We may also change, suspend, or discontinue any aspect of Our Service at any time. You may terminate your account with and these Terms at any time by sending an email to [email protected] or use any termination functionality that may be offered through Our Service. Upon termination of these Terms for any reason, then all of your Member Content may be made inaccessible via Our Service although copies of your Member Content may remain stored on back-up storage media maintained by or for us. You grant us a royalty-free license to retain such back-up copies of your Member Content on storage media maintained by or for us. If you stop using Our Service but keep Member Content on Our Service, then these Terms will continue to apply in full force and effect for so long as such Member Content is available on or through Our Service.
20. General Terms
You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Any translation of the English language version of these Terms is provided for convenience only, and the English version will prevail.
21. Governing Law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.
22. Electronic Communications Transactions and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In using our website along with its products and services, you must also agree to the Dispute Resolution and Arbitration Agreement.