|
|
|
|
| |
| MUSICGROUPS.COM
Terms and Condition: |
|
By
visiting the Musicgroups.com website, users agree that
they will not use the site for any unlawful activity,
or use it in any way that would violate the following
terms and conditions. This website is governed and construed
by the laws of the State of California. Any use of the
website shall comply with all MusicGroups.com and State
of California laws and regulations as well as with all
federal laws and regulations. By using this site you are
agreeing to these terms of use as well as all of the policies
and disclaimers on this site.
Musicgroups.com represents a collective network of music
related web sites. Musicgroups.com, hereinafter referred
to as, “MG”, will always make it’s best
effort to maintain and operate its web sites, but MG makes
no warranties. The registered applicant, hereinafter referred
to as, “the User”, will always accept the
MG network in an “as is” condition. MG makes
no warranties that any of the MG content is true, accurate,
and free of errors or omissions. MG reserves the right
to update the Terms and Conditions at any time without
notice to you. This contract, hereinafter referred to
as, “the Agreement”, consists of the following
Terms and Conditions: |
| DESCRIPTION
OF SERVICES: |
| Through
its network of Web properties, MG provides you with access
to a variety of resources, including developer tools,
download areas, communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the Terms and
Conditions. |
| PERSONAL
AND NON-COMMERCIAL USE LIMITATION: |
| Unless
otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
|
| PRIVACY
AND PROTECTION OF PERSONAL INFORMATION: |
| See
the disclosures relating to the collection and use of
your information. |
| USE
OF SERVICES: |
The
Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to
enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services").
You agree to use the Communication Services only to post,
send and receive messages and material that are proper
and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you
agree that when using the Communication Services, you
will not:
· Use the Communication Services in connection
with surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
· Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent
or unlawful topic, name, material or information.
· Upload, or otherwise make available, files that
contain images, photographs, software or other material
protected by intellectual property laws, including, by
way of example, and not as limitation, copyright or trademark
laws (or by rights of privacy or publicity) unless you
own or control the rights thereto or have received all
necessary consent to do the same.
· Use any material or information, including images
or photographs, which are made available through the Services
in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any
party.
· Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any
other similar software or programs that may damage the
operation of another's computer or property of another.
· Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication
Services specifically allows such messages.
· Download any file posted by another user of a
Communication Service that you know, or reasonably should
know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
· Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or
source of software or other material contained in a file
that is uploaded.
· Restrict or inhibit any other user from using
and enjoying the Communication Services.
· Violate any code of conduct or other guidelines
which may be applicable for any particular Communication
Service.
· Harvest or otherwise collect information about
others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading
others.
· Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory
of users of the Services or other user or usage information
or any portion thereof.
MG has no obligation to monitor the Communication Services.
However, MG reserves the right to review materials posted
to the Communication Services and to remove any materials
in its sole discretion. MG reserves the right to terminate
your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
MG reserves the right at all times to disclose any information
as MG deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in
whole or in part, in MG's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. MG does not control or endorse the content,
messages or information found in any Communication Services
and, therefore, MG specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication
Services. Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering
to such limitations if you download the materials. |
| MATERIALS
PROVIDED TO MG OR LINKED TO OR POSTED OR UPLOADED AT ANY
MG WEB SITE: |
MG
does not claim ownership of the materials you provide
to MG (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated
services for review by the general public, or by the
members of any public or private community, (each a
"Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing
or submitting ("Posting") your Submission
you are granting MG, its affiliated companies and necessary
sublicensees permission to use your Submission in connection
with the operation of their Internet businesses (including,
without limitation, all MG Services), including, without
limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect to the use
of your Submission, as provided herein. MG is under
no obligation to post or use any Submission you may
provide and MG may remove any Submission at any time
in its sole discretion.
By Posting a Submission you warrant and represent that
you own or otherwise control all of the rights to your
Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you
to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical
in whole or in part ("Images"), you warrant
and represent that (a) you are the copyright owner of
such Images, or that the copyright owner of such Images
has granted you permission to use such Images or any
content and/or images contained in such Images consistent
with the manner and purpose of your use and as otherwise
permitted by these Terms of Use and the Services, (b)
you have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and
(c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private
community (for each such Images available to members
of such private community), and/or (b) to the general
public (for each such Images available anywhere on the
Services, other than a private community), permission
to use your Images in connection with the use, as permitted
by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints
and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
your Images without having your name attached to such
Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the
preceding sentences for a Images will terminate at the
time you completely remove such Images from the Services,
provided that, such termination shall not affect any
licenses granted in connection with such Images prior
to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
Also,
in addition to the warranty and representation set forth
above, by Posting a Submission that contains any music
or lyrics or sound, you warrant and represent that that
(a) you are the copyright owner of such music, lyrics,
and/or sound, or that the copyright owner of such music,
lyrics, and/or sound, has granted you permission to
use such music, lyrics, and/or sound or any content
contained in such music, lyrics, and/or sound consistent
with the manner and purpose of your use and as otherwise
permitted by these Terms of Use and the Services, (b)
you have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and
(c) that each person depicted in such music, lyrics
and/or sound, if any, has provided consent to the use
of the music, lyrics, and/or sound as set forth in these
Terms of Use, including, by way of example, and not
as a limitation, the distribution, public display and
reproduction of such music, lyrics, and/or sound. By
Posting music, lyrics, and/or sound, you are granting
(a) to all members of your private community (for each
such music, lyrics, and/or sound available to members
of such private community), and/or (b) to the general
public (for each such music, lyrics, and/or sound available
anywhere on the Services, other than a private community),
permission to use your music, lyrics, and/or sound in
connection with the use, as permitted by these Terms
of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and
gift items which include such music, lyrics, and/or
sound), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your music, lyrics, and/or
sound without having your name attached to such music,
lyrics, and/or sound, and the right to sublicense such
rights to any supplier of the Services. The licenses
granted in the preceding sentences for music, lyrics,
and/or sound will terminate at the time you completely
remove such music, lyrics, and/or sound from the Services,
provided that, such termination shall not affect any
licenses granted in connection with such music, lyrics,
and/or sound prior to the time you completely remove
such music, lyrics, and/or sound. No compensation will
be paid with respect to the use of your music, lyrics,
and/or sound. |
| NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT: |
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See . |
| LINKS
TO THIRD PARTY SITES: |
THE
LINKS IN THIS AREA WILL LET YOU LEAVE MG'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF MG AND MG
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. MG IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. MG IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY MG OF THE SITE.
YOU
AGREE TO INDEMNIFY AND HOLD MG, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY
CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS'
FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING
OUT OF YOUR USE OF OR CONDUCT ON THE MG SITES/SERVICES.
NO WARRANTY: WE WILL MAKE EVERY REASONABLE EFFORT TO
INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS WEB
SITE. HOWEVER, ALL CONTENT ON THIS WEB SITE, OR ON ANY
OTHER WEB SITE TO WHICH WE LINK, IS FURNISHED ON AN
"AS IS" BASIS. WE MAKE NO WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR THE
FUNCTIONS OF THIS WEB SITE. WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRATNTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS ON ANY MG SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY MG SITE OR THE SERVERS THAT MAKE SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON
ANY MG SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY,
CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES
THAT LINK TO OR FROM ANY MG SITE. WE CANNOT ENSURE THAT
YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES
THAT YOU PURCHASE FROM A THIRD-PARTY SITE THAT LINKS
TO OR FROM ANY MG SITE OR THIRD-PARTY CONTENT ON OUR
SITES. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR
HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY
OF, ANY OF THE INFORMATION CONTAINED IN SUCH THIRD-PARTY
SITES OR CONTENT. WE DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION
(INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER
PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE
ANY THIRD-PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY
CLAIM AGAINST US WITH RESPECT TO SUCH SITES AND THIRD-PARTY
CONTENT. WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER
INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE
PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH
ANY OF THESE THIRD PARTIES.
Search and Directory are free services offered by us.
Because the Web changes constantly, no search engine
technology can possibly have all accessible sites at
any given time. Thus, we explicitly disclaim any responsibility
for the content or availability of information contained
in our search index or directories.
TO
THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER
OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEB SITE,
OR ANY OTHER WEB SITE TO WHICH WE LINK, IS WARRANTED
ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED
IN
NO EVENT SHALL MG AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE
MATERIALS IN THIS MG SITE ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW. |
|
|
| |
CHANGES: |
|
| |
The Content
on this Web site, and these terms and conditions, are subject
to change or updating by MusicGroups.com at any time without
prior notice. The changes may include superseding terms and
conditions or specific notices. YOU SHOULD REVIEW THESE TERMS
AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES
THAT ARE MADE. Your continuing use of this Web site constitutes
your acceptance of any change or update, all of which shall
become controlling when posted. |
|
| |
GOVERNING
LAW: |
|
| |
These
Terms and Conditions shall be governed by and construed in
accordance with the laws of the United States and the State
of California, without giving effect to conflict of law principles
thereof. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the
state or federal courts located in Los Angeles County, California,
and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or
for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This
is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing,
signed by both parties. |
|
| |
Any
notice regarding any MG business need be submitted to MG by
mail or electronic mail to:
Musicgroups.com
A Division of Proimages Communications
P.O. Box# 570727
Tarzana, Ca. 91357 U.S.A.
818-718-0406
legal@Musicgroups.com |
|
| |
Acceptance
of The Agreement will remain enforceable until either MG or
The User notifies the other party in writing regarding termination
of The Agreement.
I, The
User, have carefully and entirely read The Agreement. By adding
my initials to any of the MG‘s, sign up forms, I, The
User, do completely promise to obey all terms and conditions,
set forth in The Agreement. I, The User am well aware that
any violation of The Agreement could result in my MG website
privileges being terminated either temporarily or permanently.
Musicgroups.com
copyrighted 1997-2004 All rights reserved |
|
| |
Join
Now! |
|
|
| |
|
|