Last updated on June 21, 2018 (the “Effective Date”).
By accessing or using the Websites in any way, (a) you represent that you have read and understood these TOU, and (b) you agree to be bound by these TOU. If you do not agree with these TOU, then please do not use the Websites. You should print or otherwise save a copy of these TOU for your records.
To access, use, and/or register for the Websites you must (a) be eighteen (18) years of age or older, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also represent and warrant that any registration information that you submit to us is accurate, true, and complete, and that you will keep it that way at all times.
Scope Of Agreement
You consent to having your Internet Protocol address recorded. The Identifier is uniquely matched to your Internet Protocol address.
A special restriction on a visitor’s license to access the Websites applies to all non-human visitors. Non-human visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Websites automatically.
Intentional collection, harvesting, gathering, and/or storing of the Websites’ email addresses or content by non-human visitors is recognized as a violation of this agreement and expressly prohibited.
Any non-human visitors to the Websites shall be considered agents of the individual(s) who controls, authors, or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their non-human visitor devices in the same manner as if they personally visited the Websites.
Trademarks, service marks, and logos appearing on the Websites are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on this site.
Websites Access Rights, Subscriptions, and Functionality
Any passwords used for the Websites’ user accounts are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed.
Optional premium paid subscription services are available on the Websites. By selecting a premium subscription service, you agree to pay Company the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Company may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these TOU or your music search account (if you have one), you may simply discontinue using the Websites. Notwithstanding the foregoing, if you have a subscription account, such account can only be terminated by Company if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Company’s notice to you thereof; provided that, Company can terminate the Websites immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of these TOU. Upon termination, all provisions of these TOU which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Company does not warrant that the functions or content contained in the Websites will be uninterrupted or error-free, or that defects will be corrected in a timely manner. There is no guarantee that users or subscribers will be able to access the Websites whenever and wherever desired. There may be extended periods of time when you cannot access the Websites for various reasons, many beyond our control. Heavy traffic on the Websites or Websites’ hosting platform may affect your access to the Websites. In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Company, its subsidiaries, affiliates, employees, officers, directors and agents to you shall be the pro-rated refund of the amount paid for a subscription or blanket license to the Websites.
You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Websites will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
The Websites may be hyperlinked to other sites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Websites or Company. Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to our Websites. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Company of that site.
Mutual Indemnification with Respect to Use of Content
Specifically with respect to use of Content as provided herein, each party hereto agrees to indemnify and hold harmless the other party from and against any and all third party claims that result in any damage or loss (including outside attorneys’ fees, court costs, and expert fees), and which arise out of any breach of any warranty, representation, or term of these TOU that is reduced to a final adverse judgment in a court of competent jurisdiction or settled with indemnifying party’s consent.
Limitation of Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.
Websites Use Terms
You may not post, send, submit, publish, or transmit in connection with the Websites any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- • solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
You remain solely responsible for the content of any music submissions to the Websites. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
Governing Law; Dispute Resolution