This online service is a way for fellow Musicians to meet each other (the
"Service"). The Service is provided by the owner of this web domain.
This legal agreement is made between You and Us ("Agreement").
This Agreement applies to all of Our sites that are offering the Service.
Please read this Agreement carefully before registering for the Service. By
registering for the Service, You become a member (a "Member"), and You
agree to be bound by the terms and conditions of this Agreement for as long as
You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND
CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME,
EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN
PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE
SERVICE.
In this Agreement the following words have the following meanings unless the
context requires otherwise:
"Agreement" means the agreement between You and
Us incorporating these terms and conditions for the provision of the Service,
as amended from time to time in accordance with the terms and conditions set
forth herein;
"We, Us, Our" means the Service; and
"You, Your, Yourself" means the person who
registers for the Service, accepts the terms and conditions of this Agreement
and whose application for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a
Member, You represent and warrant that You are at least 18 years old. By using
this Web site, You represent and warrant that You have the right, authority and
capacity to enter into this Agreement and to abide by the terms and conditions
of this Agreement. Your membership for the Service is for Your sole, personal
use. You may not authorize others to use Your membership and You may not assign
or otherwise transfer Your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Although You may register as
a Member of the Service for free, if You wish to use the Service to initiate
most communication with other members and use certain other parts of the
Service, You must become a subscriber and pay the fees that are set out. This
price list is part of this Agreement And We reserve the right, at any time, to
change any fees or charges for using the Service. To become a Member, You must
register for the Service. When and if You register to become a Member, You
agree to provide accurate, current and complete information about Yourself as
prompted by Our registration form ("Registration Data"), and to
maintain and update Your information to keep it accurate, current and complete.
You agree that We may rely on Your Registration Data as accurate, current and
complete. You acknowledge that if Your Registration Data is untrue, inaccurate,
not current or incomplete in any respect, We reserve the right to terminate
this Agreement and Your use of the Service and, in such event, You shall not be
entitled to a refund of any unused subscription fees.
TERM AND TERMINATION: This Agreement will remain in full
force and effect while You use the Service and/or are a Member. You may
terminate your membership at any time, for any reason by following the
instructions on the Member Services page of the Service, or upon receipt by Us
of Your written or email notice of termination. Either You or We may terminate
your membership by removing your profile, at any time, for any reason, with or
without explanation, effective upon sending written or email notice to the
other party. Upon such termination by Us without cause, We shall refund, pro
rata, any unused portion of any subscription payments that We have received
from You. In the event that (a) You terminate your subscription or membership
or (b) We determine, in our sole discretion, that You have violated this
Agreement. You shall not be entitled to nor shall We be liable to You for any
refund of any unused portion of any subscription payments the We have received
from You, and We may continue to bar Your use of the Service in the future.
Even after membership is terminated, this Agreement will remain in effect.
PROPRIETARY RIGHTS: You represent and warrant to Us that
the information posted in Your profile including Your music/photograph are
posted by You and that You are the exclusive author of Your profile and the
exclusive owner of Your music/photographs. You assign to Us, with full title
guarantee, all copyright in Your profile and your music/photographs posted, at
any time, in connection with Your use of the Service. You waive absolutely any
and all moral rights to be identified as author of Your profile and owner of
Your music/photograph and any similar rights in any jurisdiction in the world.
In addition, other Members may post copyrighted information, which has
copyright protection, whether or not it is identified as copyrighted. Except
for that information which is in the public domain or for which You have been
given express written permission, You will not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information. By
posting information, music/photographs or content on any Service, You
automatically grant, and You represent and warrant that You have the right to
grant, to Us and other members, free of charge, an irrevocable, perpetual,
non-exclusive, royalty-free, fully-paid, worldwide license to use, copy,
perform, display, promote, publish and distribute such information, content and
music/photographs and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize sub-licenses of
the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner consistent with any and all applicable
laws and regulations. You will not include in Your profile any telephone
numbers, street addresses, last names, URL's or email addresses, other than
where You are specifically asked for such information in the Confidential
Personal Information section of the Service. You will not engage in advertising
to, or solicitation of, other members to buy or sell any products or services
through the Service. You will not transmit any chain letters or junk email to
other members. You are solely responsible for Your interactions with other
members. We reserve the right, but have no obligation, to monitor and/or
mediate disputes between You and other members.
(2) You are solely responsible for the content or information You publish or
display (hereinafter, "post") on the Service, or transmit to other
members. You will not post on the Service, or transmit to other members or to
Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or
illegal material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and rights
of privacy and publicity). You will not include in Your profile any offensive
anatomical or sexual references, or offensive sexually suggestive or
connotative language, and You will not post any photos containing nudity or
personal information. We reserve the right, but We have no obligation, to
reject any profile or photo that does not comply with the prohibitions set
forth in this section and, to the extent that We determine, in Our sole
discretion, to do so, You shall not be entitled to a refund of any unused
subscription payments that We have received from You.
(3) Email communications sent from Us or through Us are designed to make
your online experience enjoyable. By becoming a member, You specifically agree
to accept and consent to receiving email communications initiated from Us or
through Us including, without limitation: message notification emails, Your
Match emails, emails informing you about events and parties We organize, emails
informing You of promotions We run and emails informing You of changes to the
Service. Should You not wish to receive any of Our email communications, please
do not register with Us for the Service.
(4) You agree that We have no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by Our Service. You acknowledge that features, parameters or other
services We provide may change at any time. You acknowledge that We reserve the
right to sign out, terminate, delete or purge Your account from the Service if
it is inactive. "Inactive" means that you have not signed in to the
Service for a particular period of time, as determined by Us, in Our sole
discretion (currently, we consider an account to be Inactive after 12 months).
(5) Our customer service employees are here to make your online experience
enjoyable by providing assistance and guidance to You. When speaking to Our
customer service employees on the phone or communicating with them by any other
means, You undertake not to be abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing or racially offensive. Should any of Our
customer service employees feel, at any given point, threatened or offended by
Your conduct, We reserve the right to immediately terminate Your membership and
You shall not be entitled to the refund of any subscription payments We have
received from You.
We are entitled to investigate and terminate Your membership if You have
misused the Service, or behaved in a way which could be regarded as
inappropriate, unlawful or illegal. The following is a partial, but not
exhaustive, list of the types of actions that are illegal or prohibited under
this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by
Us, without Our specific prior written consent.
(d) You will not use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data
mine," or, in any way reproduce or circumvent the navigational structure
or presentation of the Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or
networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
(i) You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the
Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any
reference to Us or the Service or the site connected to the Service in order to
direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or any
software used on or for the Service or cause or enable others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold
Us and Our officers, directors, employees, agents and third parties harmless,
for any losses, costs, liabilities and expenses (including reasonable
attorneys' fees) relating to or arising out of Your use of the Service,
including:
(I) Your breach of this Agreement; (II) any allegation that any materials
that You submit to Us or transmit to the Service infringe or otherwise violate
the copyright, trademark, trade secret or other intellectual property or other
rights of any third party; and/or (III) Your activities in connection with the
Service. This indemnity shall be applicable without regard to the negligence of
any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or
other information or content made available through the Service, but not
directly by Us, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for such
content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION
ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES
OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE
SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS
POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE
ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO
VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN
SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC
AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN
YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC
WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY: All intellectual property rights in
and to the Service are and shall be owned by Us, absolutely. Those rights
include, but are not limited to, database rights, copyright, design rights
(whether registered or unregistered), trademarks (whether registered or
unregistered) and other similar rights, wherever existing in the world,
together with the right to apply for protection of the same. All other
trademarks, logos, service marks, company or product names set forth in Service
are the property of their respective owners.
PRIVACY: The personal information (including sensitive
personal information) You provide to Us will be stored on computers. You
consent to Our using this information to build up a profile of interests,
preferences and browsing patterns and to allow You to participate in the Service.
You also agree to read, review, comply with, uphold and maintain Our terms and
conditions thereof. If you are located outside of the United
States, please note that the information
that you provide is being sent to the United
States. By becoming a member of the Service,
you consent to your data being sent to the United
States and to such other third parties and
jurisdictions as may be involved in the provision and operation of the
Service...
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS"
BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN
ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO
THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND
AVAILABILITY.
Although each member must agree to Our terms and conditions, We cannot
guarantee that each member is at least the required minimum age, nor do we
accept responsibility or liability for any content, communication or other use
or access of the Service by persons under the age of 18 in violation of this
Agreement. Also, it is possible that other members or users (including
unauthorized users, or "hackers") may post or transmit offensive or
obscene materials on the Service and that You may be involuntarily exposed to
such offensive and obscene materials. It also is remotely possible for others
to obtain personal information about You due to Your use of the Service, and that
the recipient may use such information to harass or injure You. We are not
responsible for the use of any personal information that You disclose on the
Service. Please carefully select the type of information that You post on the
Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM
OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING
UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE
SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO
YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW
OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER
THAN YOU. 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 AMOUNT PAID, IF ANY, BY YOU TO US
FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING
TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES,
DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF
THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING
AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO
YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service,
You should first contact Our customer service department by clicking: contact us.
DISPUTE RESOLUTION: This Agreement is governed by the laws
of the State of Hawaii without
regard to its conflict of law provisions. You agree to personal jurisdiction by
and venue in the state and federal courts of the State of Hawaii.
This Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded.