User
Agreement
This User Agreement ("agreement") states the "Terms of Use" under
which you may use MusicBizAdvice.com.com. Please read this agreement carefully, as these terms
and agreements constitute a legally binding agreement between you and
MusicBizAdvice.com.com.
If you do not accept the terms stated in this User Agreement, do not use this web site.
Using or attempting to use this web site indicates you are agreeing to be legally bound by
this User Agreement. MusicBizAdvice.com.com may revise this User Agreement at any time by
updating this page. You should visit this page periodically to review the User Agreement
and its accompanying Privacy Policy, because they are binding on
you.
The terms "You" and "User" are used herein to refer to all individuals
and/or entities accessing this web site for any reason. The terms
"MusicBizAdvice.com.com, "Site," and "the web site" are used
interchangeably in this document and includes all web sites and web pages within
MusicBizAdvice.com.com, as well as any equivalent, mirror, replacement, substitute or backup
web sites and web pages thereto and thereof. The Site may also contain links or references
to additional rules, policies, and terms which may apply to specific features or functions
of the Site, and when you use those features or functions, those rules, policies and terms
will also apply to you and form a part of the terms and conditions in this User Agreement,
and consequently, your agreement with us.
The words "use" or "using" in this agreement means any time an
individual ("user"), directly or indirectly, with or without the aid of a
machine or device, does or attempts to access, interact with, use, display, view, print or
copy from the site, transmit, receive or exchange data or communicate with the Site, or in
any way utilizes, benefits, takes advantage of or interacts with any function, service, or
feature of the Site, for any purpose whatsoever. This agreement does not cover your rights
or responsibilities with respect to third party content or sites or any links that may
direct your browser or your connection to third party sites or pages. This is the entire
and exclusive agreement between you and us regarding your use of the site and it cannot be
modified except by the act of MusicBizAdvice.com.com updating this page. We reserve the right,
at any time and from time to time, for any reason in our sole discretion to change the
terms of this agreement. We will post or display notices of changes on the Site and we may
also email you about these changes. Once we post these changes on the Site they become
effective immediately and if you use the Site after they become effective it will signify
your agreement to be bound by the changes.
CHILDREN AND CONTENT RATING
This Site is offered and made available only to users 13 years of age or older. If you are
not yet 13 years old, please discontinue using the Site immediately. The
content on MusicBizAdvice.com is PG-13, with the exception of the Body and
Soul section, which contains health information that may include information
and references about drug use or sex.
REGISTRATION AND PASSWORDS
We may require each user to have a unique user name and password combination in order to
use the features and functions of the Site and we may, from time to time, also provide
users with additional codes or passwords necessary to perform certain functions on the
Site. Please read our Privacy Policy, which describes how we
collect and use your personal information. You will then choose a user name and password
(or we may assign an initial password which we will give you the option to change). Your
user name and password are personal to you, and you may not allow any others to use your
user name and password under any circumstances. We are not liable for any harm caused or
related to the theft of misappropriation of you user name and password, disclosure of your
user name or password, or your authorization of anyone else to use your user name or
password. You agree to immediately notify us if you become aware of or believe there is or
may have been any unauthorized use of (or activity using) your user name or password or
any other need to deactivate your user name or password due to security concerns. During
registration (and possibly at certain other times to enable your use of other features or
functions or for security purposes), you will be required to register and provide us with
certain information about you ("user Information"), in order for us to allow you
to use the features and functions of the Site, including chat rooms, message boards,
electronic mail services, messaging services, auctions, shopping, registration and member
profile pages.
It is your responsibility to give us current, complete, truthful, and accurate information
and to keep the information that you provide us up to date. We cannot and will not be
responsible for any problems or liability that may arise if you do not give us accurate,
truthful or complete information or you fail to update the information you give us. Please
read our Privacy Policy, which describes how
MusicBizAdvice.com.com
collects and uses your personal information.
You are solely responsible for maintaining the confidentiality of your user name and
password and for any charges, costs, expenses, damages, liabilities and losses we incur or
may suffer as a result of your failure to do so. You, and not us, are solely responsible
and liable for your activity, behavior, use and conduct on the Site, and for any use of
the Site or any other activity or conduct in connection with the Site, by any others who
would use your user name or password, unless and until you notify us that your user name
or password may have been compromised, misappropriated or improperly taken or used by
another party. We have the right to disclose your User information to third parties for
the purpose of administering and maintaining services on the Site. We respect the privacy
of the contents of users’ email and messages (collectively, "Messages").
However, we reserve the right to monitor, edit or disclose any information about your use
of the services on the Site and/or such contents if we believe such action is required by
law or is necessary to protect and defend our rights, to enforce this agreement, or to
protect the interests of our members and others. The amount of storage space per user is
limited. Some messages may not be processed due to space constraints or outbound message
limitations. We assume no responsibility for deletion of Messages or any failure to store,
receive or deliver Messages in a timely manner or any other matter relating to Messages.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS/ COPYRIGHT/USE OF MATERIAL
All Site design, articles, text, layout, images, photographs, logos, button icons,
illustration, audio and video material, artwork, graphic material, database, software,
proprietary information, and compilation thereof (meaning the collection, arrangement and
assembly of all content on this website) and all copyrightable or otherwise legally
protectible elements of the Site, including without limitation the selection, sequence and
"look and feel" and arrangement of items, and all trademarks, service marks and
trade names (individually and/or collectively, "Material"), are the property of
MusicBizAdvice.com.com, its subsidiaries, affiliates, licensors, or suppliers and are
legally protected, without limitation, under U.S. Federal and State, as well as applicable
foreign, laws, regulations and treaties, including but not limited to, copyright and
trademark laws. Unless the content clearly requires otherwise of we explicitly say so in
writing, the term "Site" includes "Material" as well. The site is to
be used solely for your personal and noncommercial use and for no other purposes,
including, without limitation, distribution, publication, or inclusion on a personal web
site or in a networked computer environment, without the express written prior consent of MusicBizAdvice.com.com . You must not alter, delete or conceal any copyright or other notices
contained on the Site, including notices on any Material you download, transmit, print or
reproduce from the site. You shall not reproduce, modify, create derivative works from,
display, perform, publish, distribute, disseminate, broadcast or circulate to any third
party (including, without limitation, on or via a third party web site or in a networked
computer environment), or otherwise use, any Material without the express written prior
consent of MusicBizAdvice.com.com or its owner if MusicBizAdvice.com.com is not the owner. Any
unauthorized or prohibited use of any Material, may subject you to civil liability or
criminal prosecution, or both, under applicable Federal and State laws. We require users
to respect our copyrights, trademarks, and other intellectual property rights. We likewise
respect the intellectual property rights others. On notice, we will act expeditiously to
remove content on the Site that infringes the copyright rights of others and will disable
the access to the Site and its services of anyone who uses them to repeatedly infringe the
intellectual property rights of others.
ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed
to, interact with, or participate in or use the services or obtain goods and services of
or from, third parties (e.g. advertisers) as a result of your use of the Site. All such
communication, interaction and participation is strictly and solely between you and such
third party and we shall not be responsible or liable to you in any way in connection with
these activities or transactions (including, without limitation, any representations,
warranties, covenants, contracts, or other terms or conditions that may exist between you
and the third party or any goods or services you may purchase or obtain from any third
party).MusicBizAdvice.com will not
give, rent, or sell your email address to anyone for marketing purposes.
RULES OF CONDUCT
Your use of the MusicBizAdvice.com.com is subject to all applicable local, state, and national
laws and regulations and, in some cases, international treaties. You are solely
responsible for all activities, acts and omissions that occur in, from, though or under
your user name or password. You shall not:
1. Use, enable others to use the Site, or knowingly condone use of this Site by others, in
any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent,
vulgar or obscene, pornographic, sexually explicit, or sexually, racially, culturally, or
ethnically offensive, harmful, harassing, intimidating, threatening, hateful,
objectionable, discriminatory or abusive or which may or may appear to impersonate anyone
else;
2. Affect us adversely or reflect negatively on us, the Site, our goodwill, name or
reputation or cause duress, distress or discomfort to us or anyone else, or discourage any
person, firm or enterprise from using all or any portion, features or functions of the
Site, or from advertising, linking or becoming a supplier to us in connection with the
Site;
3. Send or result in the transmission of junk email, chain letters, duplicative or
unsolicited messages, or so-called "spamming";
4. Use information, message boards, or chat rooms on MusicBizAdvice.com for commercial or business purposes, including, without limitation,
advertising, marketing or offering goods or services, whether or not for a charge or
through linking with any other web site or web pages
5. Transmit, distribute or upload programs or material that contains malicious code, such
as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful
programs or other material or information;
6. Violate any laws, regulations (including, without limitation, laws regarding the
transmission of technical data or software exported from the United States), judicial or
governmental order, any treaties, or violate or infringe upon any intellectual property
rights, rights of publicity or privacy, or any other rights of ours or of any other
person, firm or enterprise; gain unauthorized access to the Site, other users’
accounts, names, passwords, User Information, or other computers, web sites, or pages
connected or linked to the Site in any manner which violates or is inconsistent with the
terms and conditions of this agreement;
7. Modify or destroy material or modify, destroy, disrupt, impair, alter or interfere with
the use, features, functions, operation or maintenance or the Site or the rights or use
and enjoyment of the Site by any other person, firm, or enterprise; or
8. Collect, obtain, compile, gather, transmit, reproduce, view, or display any
information, whether personally identifiable or not, concerning any other person, firm, or
enterprise, in connection with their or your use of the Site, unless you have obtained the
express, prior permission of such other person, firm, or enterprise to do so.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION
You may deactivate your registered account on the Site at any time and for any reason, by
emailing us. We may terminate your use of an registration on the Site, at any time and
for any reason, with or without cause, without prior notice to you and without any
liability or further obligation of any kind whatsoever to you or any other party.
DISCLAIMER AND LIMITATION OF LIABILITY
This site, and all materials, products, and postings are made available on an "as
is" and "as available" basis, without any representation or warranty of any
kind, express or implied, or any guaranty or assurance this site will be available for
use, or that all products, features, functions, or operations will be available or perform
as described. Without limiting the foregoing, MusicBizAdvice.com.com is not responsible or
liable for any malicious code, delays, inaccuracies, errors, or omission arising out of
your use of the Site. As between you and MusicBizAdvice.com.com you are assuming the entire
risk as to the quality, accuracy, performance, timelessness, adequacy, completeness,
correctness, authenticity, security and validity of any and all features and functions of
the Site, including, without limitation, Postings and Materials associated with your use
of the Site.
You understand that, to the fullest extent permissible by law, neither
MusicBizAdvice.com.com
not any of its subsidiaries, affiliates, its or their respective officers, directors,
employees, agents, licensors, representatives or suppliers shall be liable for any loss or
damage, of any kind, direct or indirect, in connection with or arising from use of the
site or from this agreement, including, but not limited to compensatory, consequential,
incidental, indirect, special or punitive damages.
Nonwithstanding any claim that a sole or exclusive remedy which is provided in this
agreement may or does fail of its essential purpose, you specifically acknowledge and
agree that your sole and exclusive remedy for any loss or damage shall be to have
MusicBizAdvice.com.com, upon written notice from you to us, attempt to repair, correct or
replace any deficient goods or services under this agreement, and if repair correction
replacement is not reasonably commercially practicable for
MusicBizAdvice.com.com, to refund
any monies actually paid by you for the Product involved and to terminate and discontinue
your use of the Site. You further understand and acknowledge the capacity of the Site, in
the aggregate and for each user, is limited. Consequently some messages and transmissions
may not be processed in a timely fashion or at all, and some features or functions may be
restricted or delayed or become completely inoperable. As a result, you acknowledge and
agree that MusicBizAdvice.com.com assumes no liability, responsibility or obligation to
transmit, process, store, receive or deliver Postings or for any failure or delay
associated with any Postings and you are hereby expressly advised not to rely upon the
timeliness or performance of the site for any Postings. Some jurisdictions do not allow
for the exclusion of certain warranties or certain limitations on damages and remedies,
accordingly some of the exclusions and limitations described in this agreement may not
apply to you.
SHOPPING
MusicBizAdvice.com.com has no responsibility or liability whatsoever for goods or services you
may obtain from or through other web sites or web pages, even if you were directed or
linked to such a site or page through the Site, nor are we responsible for assisting you
in correcting any problem you may have with goods or services not obtained directly on the
Site. Except as specifically made in writing with respect to a product sold or offered for
sale on the Site, we expressly disclaim all representations and warranties of any and
every kind, express or implied, with respect to products sold on the Site, including but
not limited to, any warranty of merchantability or of fitness for a particular purpose.
You are responsible for any taxes imposed on the sale or use of Products and applicable
taxes will be added to the amount charged for Products purchased on the Site.
POSTINGS
Portions of this Site may provide you and other users an opportunity to submit, post,
display, transmit and/or exchange information, ideas, opinions, photographs, images,
video, creative works or other information, messages, transmissions or material to us, the
Site or others ("Post" or "Postings"). Postings do not reflect the
views of MusicBizAdvice.com.com and MusicBizAdvice.com.com does not monitor, endorse, edit or
screen any Postings, nor shall MusicBizAdvice.com.com be liable for any Posting that is in
violation of this agreement. In no event shall MusicBizAdvice.com.com have or be construed to
have any responsibility or liability for or in connection with any Posting whatsoever;
however, if we determine, in our sole discretion and judgment, that any Posting does or
may violate any of the terms of this agreement, we reserve the right, at any time and
without limiting any and all other rights we may have under this agreement, at law or in
equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke
your right to use the Site; and/or (d) use any technological, legal, operational or other
means available to MusicBizAdvice.com.com to enforce the provisions of this agreement,
including, without limitation, blocking specific IP addresses or deactivating your
registration on MusicBizAdvice.com.com .
If a Posting originates from you or your account, you hereby agree that: (a) you are
placing the Posting in the public domain without reservation of any rights or further
control over the Posting or its use and you specifically authorize
MusicBizAdvice.com.com to
use such Posting in whole or in part, throughout the universe, in perpetuity in or on any
and all media, now known or hereafter devised, and alone or together or as part of other
information, content and/or material of any kind or nature; (b) you represent and warrant
that (I) the Posting is original to you or fully cleared for use as contemplated herein,
(ii) the Posting does and will not, in any way, violate or breach any of the terms of this
agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful
information, infringe or violate any copyright or other right, or contain any matter the
publication or sale of which will violate any federal or state statute or regulation, (iv)
the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be
injurious to the health of the user, and (vi) we shall not be required to pay or incur any
sums to any person or entity as a result of our use or exploitation of the Posting; (c) if
your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or
image of any person, firm or enterprise, you specifically represent and warrant that you
have the right to place such Posting in the public domain and grant
MusicBizAdvice.com.com the
right to use such Posting as described above; and (d) MusicBizAdvice.com.com has the right to
delete, re-format and/or change your Posting in any manner that
MusicBizAdvice.com.com may
determine (although you will not be responsible for any changes made by
MusicBizAdvice.com.com).
Posting is for noncommercial purposes only and you may not Post in any manner which does
or is intended to promote or generate revenue for any business enterprise or commercial
activity.
If you believe that any content on the Site (including, without limitation, Postings)
violates any of the terms of this agreement, please
email us to send us a message
about it. We reserve the right to take or refrain
from taking any or all steps available to us once we receive any such message.
CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, MusicBizAdvice.com.com or its suppliers and advertisers may conduct
promotions on or through the Site, including, without limitation, auctions, contests and
sweepstakes ("Promotions"). Each Promotion will have additional terms,
conditions and rules which will be posted or otherwise made available to you and, for
purposes of each Promotion, will be deemed incorporated into and form a part of this
agreement (the "Rules"). If any conflict arises between this agreement and the
Rules, the Rules shall govern for purposes of your participation or involvement in the
Promotion to which the Rules relate.
HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included
anywhere on the Site or any other form of link or re-direction of your connection to, with
or through the Site, does not constitute an endorsement by, nor does it incur any
obligation, responsibility or liability on the part of, MusicBizAdvice.com.com or any of its
subsidiaries, affiliates, agents, representatives, licensors or suppliers.
MusicBizAdvice.com.com does not verify, endorse, or have any responsibility for any such third
party sites, nor for any goods or services associated with or obtained in connection with
any such site. If any third party site obtains or collects personally identifiable
information from you, in no event shall MusicBizAdvice.com.com assume or have any
responsibility or liability. Please read our Privacy Statement, which describes how MusicBizAdvice.com.com collects and uses your personal information.
INDEMNIFICATION
You agree to indemnify, defend and hold MusicBizAdvice.com.com, its subsidiaries and
affiliates, and their respective officers, directors, employees, interns, agents,
licensors, representatives and suppliers, harmless from and against any and all claims,
actions, losses, expenses, damages and costs (including reasonable attorneys' fees),
resulting from any breach or violation of this agreement by you
MusicBizAdvice.com.com
reserves the right to assume, at its sole expense, the exclusive defense and control of
any such claim or action and all negotiations for settlement or compromise, and you agree
to fully cooperate with MusicBizAdvice.com.com in the defense of any such claim, action,
settlement or compromise negotiations, as requested by MusicBizAdvice.com.com.
PRIVACY
MusicBizAdvice.com.com respects your privacy and the use and protection of the personal
information (including any personal information you provide as part of the User
Information you give us). Please see our Privacy Statement for
important information and disclosures relating to the collection and use of your
personally identifiable information in connection with your use of the Site.
LAW THAT APPLIES TO THIS AGREEMENT/ MISCELLANEOUS TERMS
The Site is operated by or on behalf of MusicBizAdvice.com.com in the United States and is
intended solely and exclusively for users who are at least 13 years of age or older. This
agreement, together with our Privacy Statement and any other rules, regulations,
procedures and policies which we refer to and which are hereby incorporated by reference,
contains the entire understanding and agreement between you and
MusicBizAdvice.com.com and
supersedes any and all prior or inconsistent understandings relating to the Site and your
use of the Site. This agreement cannot be changed or terminated orally. If any provision
of this agreement is held to be illegal, invalid or unenforceable, this will not affect
any other provisions and the agreement will be deemed amended to the extent necessary to
make it legal, valid and enforceable. Any provision which must survive in order to allow
us to enforce its meaning shall survive the termination of this Agreement; however, no
action arising out of this Agreement or your use of the Site, regardless of form or the
basis of the claim, may be brought by you more than one (1) year after the cause of action
has arisen (or if multiple causes, from the date the first such cause arose). This
agreement and your use of the Site is governed by, construed and enforced in accordance
with the internal substantive laws of the State of California applicable to contracts
made, executed and wholly performed in California, and, for the purposes of any and all
legal or equitable actions, you specifically agree and submit to the exclusive
jurisdiction and venue of the State and Federal Courts situated in the State and County of
Los Angeles and agree you will not object to such jurisdiction or venue on the grounds of
lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be
applicable, you agree with us, to opt out from and expressly exclude any applicability of
the Uniform Computer Information Transactions Act. In any action or proceeding commenced
to enforce any right or obligation of the parties under this agreement, your use of the
site or with respect to the subject matter hereof, you hereby waive any right you may now
have or hereafter possess to a trial by jury.
Top |
