Welcome to PlugMy Music.com                                      Last update dated:  August 28, 2007

 

Welcome to PlugMyMusic.com Website. The PlugMyMusic.com Web Site (the “Site” or “Web Site”) located at http://www. PlugMyMusic.com is owned and operated by PlugMyMusic, LLC (“PlugMyMusic.com” or “we” or “us”). The purpose of the Site is to offer a resource for musicians and bands to connect with one another. Musicians and Bands can post performances or auditions and/or look for auditioners. Performances and profiles can be viewed by visitors or prospective auditioners. Auditioners can apply or audition for posted roles. This is not a resource for for non-musical performances.  Downloading or copying by users of performances streamed or stored on this Site by other users is prohibited.  The Site is hosted in the United States of America.

 

1.Acceptance of Terms of Use.

Please read these terms and conditions (the “Terms of Use”) carefully.  By visiting and/or using the PlugMyMusic.com Site, you accept and agree to these Terms of Use, as well as to the PlugMyMusic.com privacy policy (the “PlugMyMusic.com Privacy Policy”).  These Terms apply even if you are just visiting the Site (a “Visitor”) and have not registered as a Member.

 

2.Proprietary Rights.

As between you and www. PlugMyMusic.com, www. PlugMyMusic LLC owns, solely and exclusively, all right, title and interest in and to the Site, all the content, text, graphics photographs, etc.) except User-Posted-Content (defined below), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, sui generis rights, database rights, moral rights and other intellectual property and proprietary rights therein.  Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site, nor any right to copy or download any portion or content of the Site.  The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal use.

 

3.Privacy.

Your privacy is very important to us so please review carefully www. PlugMyMusic.com’s Privacy Policy, which is incorporated by reference.  The www. PlugMyMusic.com Privacy Policy governs the collection, use and disclosure of information about and/or provided by you when you use and/or visit the Site.

 

4.Membership.

Both Visitors and Members (collectively referred to as “Users”) may access the Site.  Visitors to the Site may briefly browse the site and some of its content.  An individual who registers and creates a www. PlugMyMusic.com account (a “Member”) may be able to access and use the Site in full, including to upload performances or auditions  (defined below) or to interact with other Members by applying for roles or posting auditions.  However, Members under 18 years old (“Minors”) may not be entitled to use the Site unless they have written parental permission.  Membership in www. PlugMyMusic.com is available only to you as an individual, except as www. PlugMyMusic.com expressly permits otherwise.  By becoming a Member, you are granting all license rights as set forth in Paragraph 9 with respect to all User-Posted-Content Posted by you or on your behalf, and you are confirming your agreement to at all times abide by all rules and conditions set forth in these Terms of Use as well as all other terms and conditions set forth or displayed in connection with a particular feature of the Site. www. PlugMyMusic.com reserves the right to charge for Membership or for options or functions made available through the www. PlugMyMusic.com Site.

 

5.Account Use and Abuse.

If you become a Member and create a membership account, you may be asked for certain information, such as your full name, your mailing address and your valid email address, and you will be required to create a user name and password (collectively referred to as “Account Information”).   In selecting a user name and password, you must not select a user name or password that already belongs to someone else, is adopted by you for the purpose of impersonating someone, violates the intellectual property rights of others, or is deemed by www. PlugMyMusic.com to be inappropriate.  You represent and warrant that your Account Information is and will remain true, complete, and accurate and that you are at least 17 years old.  Be careful when creating your profile. Your user name and password should not disclose your personal identity or any personal information about you.  You agree that your membership is not transferable and you agree not to authorize anyone else to use your Account Information.  You must maintain the confidentiality and control the use of your user name and password and you will be responsible for any activity that occurs under or using any of your Account Information.  You agree to notify www. PlugMyMusic.com as soon as possible of any unlawful or unauthorized use of any of your Account Information. 

 

6.Creating a Member Profile. 

If you become a Member, a profile page will be automatically created for you (a “Member Profile”) which will contain your user name and age, and, except for Minors, the name of the city in which you live.  Members decide what other information, if anything, they want to include on their Member Profile.  Given that a Member Profile is visible to others, we caution you to keep your own safety and privacy in mind when deciding how much information about yourself to include on your Member Profile.  When you use the Site, you should make up a user name that does not disclose your personal identity. If you include personal information about yourself by which you might be identified or contacted, the information could be misused by others to try and contact you or even harm you. 

 

7.Creating a Solo Musician Page

If you are a member of www. PlugMyMusic.com and are a solo musician (a “musician”), you can also establish a Musician Page.  You will have the ability to post information about you and to Post your performances and to edit, modify such information and performances.  Only your performances may be uploaded on your Musician Page and subsequently stored on the Musician Page for later viewing.  You are responsible for your actions, including, without limitation, for any material you post on your Page, and any changes you make to your musician page, and you must get all the requisite permissions and consents necessary before taking such action or posting such material.   This includes, without limitation, consent or permission from every audience member who appears, and any necessary permission from venue providers (club owners, for example). You must also ensure that any performance posted by you is of music written by you or is used with all necessary permission of the owner (the music publisher, for example).

If or when you join a Band whose performance will be Posted on the Site, you are authorizing the Band Manager of that Band to act for the Band and on your behalf.  You are responsible for the material Posted by your Band Overseer as if you Posted it yourself. The Band Overseer may Post your name, information about you, and performances by you and of your music.  The Band Overseer may also grant to www. PlugMyMusic.com the license rights set forth in Paragraph 11 in your name, likeness, information, material, performance, and your music, and may edit and modify material Posted on the Band Page, as well as the list of Band Members on the Band Page.  Even if a Band Overseer  removes your name from Band Members listed on the Band Page, or if you otherwise withdraw from a Band and do not perform with them again, such removal or withdrawal will not terminate the authority, rights and licenses you have granted with regard to, or your responsibility for, material previously Posted by you or on your behalf.

 

8.Creating a Band Profile

If you are a member of www. PlugMyMusic.com and are part of a musical group (a “Band”), you can also establish a Band Profile/Page for the Band.  As representative of the Band (“Band Overseer”) you will have the ability to Post information about the Band and its individual performers (“Band Members”), to Post performances of the Band, and to edit and  modify such information and performances.  Only the Band’s performances may be uploaded to or on the Band Profile/Page and subsequently stored on the Band Profile/Page for later viewing.  You are responsible for your actions as Band Overseer, including, without limitation, for any material you Post on the Band Page, and any changes you make to the Band Page, and you must get all the requisite permissions and consents necessary before taking such action or Posting such material.   This includes, without limitation, consent or permission from the Band and each Band Member, every audience member who appears, and any necessary permission from venue providers (club owners, for example).  It is also your obligation as Band Overseer, before Posting any performance, to ensure that all of the individuals appearing and/or performing in any such performance are PlugMyMusic.com Members, are Band Members, and are listed as Band Members on the Band Profile/Page.  You must also ensure that any performance Posted by you is of music written by the Band or by individuals who are www. PlugMyMusic.com Members, are Band Members, and are listed on the Band Profile/Page, and is either owned by the Band or a Band Member who is a www. PlugMyMusic.com member and listed on the Band Page, or is used with all necessary permission of the owner (the music publisher, for example). As a Member, you may create a page (a “Band Profile”) on which you may Post your own musical performances, as well as information about yourself as a musician and about your music for other Users to view and hear.  You are responsible for any material you Post on your Band Profile/Page, and you must get all the requisite permissions and consents necessary before Posting any such material, including any necessary permission from venue providers (club owners, for example) and from the owner of the music (your music publisher, for example). 

Band Overseer Authority.  Band Overseer authority may be delegated to one or more other Band Members and each such Band Overseer is responsible for any action they take as Band Overseer, including, without limitation, Posting, editing,and/or modifying material on the Band Profile/Page. 

Joining A Band.  When you join a Band and/or perform with a Band whose performance will be Posted on the Site, you are authorizing the Band Overseer of that Band to act for the Band and on your behalf.  You are responsible for the material Posted by your Band Overseer as if you Posted it yourself. The Band Overseer may Post your name, information about you, and performances by you and of your music.  The Band Overseer may also grant to www. PlugMyMusic.com the license rights set forth in Paragraph 11 in your name, likeness, information, material, performance, and your music, and may edit and/or modify material Posted on the Band Profile/Page, as well as the list of Band Members on the Band Page.  Even if a Band Overseer removes your name from Band Members listed on the Band Profile/Page, or if you otherwise withdraw from a Band and do not perform with them again, such removal or withdrawal will not terminate the authority, rights and licenses you have granted with regard to, or your responsibility for, material previously Posted by you or on your behalf.

 

9.User Posted Content.

In some areas of the Site, such as on Member Profiles, you as a Member may have the ability to post, apply, publish, display, broadcast, stream, transmit, upload, store, and/or otherwise make accessible to others, including other Users, (to “Post”) content, which content may include musical performances, musical compositions, images, photographs, film, video, comments, and other audio, visual, audio-visual, text, images, messages information and similar material (collectively referred to as “User-Posted-Content”).  For example, Members may be able to Post information in their Member Profiles, interact with other Members, apply for auditions, post auditions, upload their own live musical performances and then store them on their Page.

www. PlugMyMusic.com does not control User-Posted-Content and does not endorse any User-Posted-Content, or any statements, opinions, information or materials contained or expressed therein, and expressly disclaims any and all liability that may arise from the Posting or use of User-Posted-Content.

 

10.Prohibited Content

You are responsible for all User- Posted-Content that is Posted by you or on your behalf.  It is very important that before you Post any User- Posted-Content, that you consider carefully your responsibilities with respect to such User- Posted-Content.  You must be certain that the User- Posted-Content, if Posted, would not violate the law or someone’s rights, endanger or harm you or others, or otherwise violate the requirements of these Terms of Use.   If you Post material that infringes another’s copyright, you could be personally liable as an infringer.  If you are not certain whether you should Post material, including whether you have the right to Post it, don’t Post it until you are sure.  

You agree that all User-Posted-Content Posted by you or on your behalf to the www. PlugMyMusic.com Site will conform to the requirements of these Terms of Use, and you agree that User Posted Content Posted on the Site or linked to by you or on your behalf will not contain:

(i)Material you do not have a legal right to Post, including, but not limited to, material that infringes upon or violates someone else’s rights, including, without limitation, copyright, trademark, trade secret, confidentiality, patent, privacy, publicity, contractual rights and/or any other proprietary right;

(ii)  Material that is performed in violation of any agreement, including an exclusive recording agreement, between a Band Member and a record label;

(iii) Material that is obscene or indecent, and material that, while not legally obscene, is sexually explicit or sexual in nature or pornographic;

(iv) Material that contains nudity;

(v)  Child pornography, which includes but is not limited to, any sexually conduct involving the use of a minor;

(vi) Material that is harmful or not suitable for minors as young as 14 years of age;

(vii) Material depicting or describing graphic or gratuitous violence;

(viii)  Defamatory, misleading, libelous, false, fraudulent or deceptive material;

(ix) Material that constitutes hate speech, including but not limited to racial slurs, or material intended to harass, threaten, intimidate, offend or degrade another person or group of people;

(x)  Any embedded or hidden  links in text without displaying the full URL of the target web page, commercial advertising, promotional material or activity (other than Posting your and/or your Band’s musical performances on your Profille/Page to promote your and/or your Band’s music and musical career):

(xi)Material that violates any applicable law regarding the import or export of any content or data that violates any applicable law if Posted, or is otherwise unlawful or that encourages unlawful conduct;

(xii) Material that disrupts or interferes with the operation of the PlugMyMusic.com Site;

(xiii) Material that contains or reveals personal information regarding others without their express permission, including but not limited to photographs, images, likenesses, last names, addresses, telephone numbers, email addresses, license numbers, social security numbers, or any other personal information;

(xiv) Material that contains malicious or harmful components such as software viruses, spyware or other;

(xv) Material that constitutes a solicitation of personal information from anyone under 18 years old;

(xvi) With respect to material, any non-musical performances; or

(xvii) With respect to material stored on a Musician or Band Page, any prerecorded material or other performances other than musical performances uploaded or streamed to the Site by you or on your behalf.

 

11.Your Rights in User-Posted-Content

You represent and warrant www.PlugMyMusic.com that, with respect to all User-Posted-Content Posted by you or on your behalf:  (i) you own and/or otherwise have all rights and authority necessary to grant PlugMyMusic.com the license and rights as set forth in these Terms of Use and to allow such User-Posted-Content to be Posted, displayed, performed and viewed on the Site; (ii) you have all rights and authority necessary to waive the rights waived in these Terms of Use; (iii) all performers appearing in any such User-Posted-Content are PlugMyMusic.com Members and each has agreed to permit you to Post their performances; (iv) all music performed in such User-Posted-Content is original music composed by you or a Band or member of a Band for which you have Band Overseer authority; (v) all music performed in such User-Posted-Content is either owned by you, owned by a Band or member of a Band for which you have Band Overseer authority, or owned by a publisher who has granted all necessary licenses; (vi) all individuals or entities whose names, images, or information appear in any such User-Posted-Content have given you permission to Post such names, images and information in such manner; (vii)  if any licenses, permissions or royalties are necessary to be secured or paid in order for such User-Posted-Content to be Posted and used on the Site, that you have secured all such licenses and permissions and paid all such royalties (other than public performance rights licensed by American Society of Composers, Authors and Publishers-ASCAP, Boadcast Music, Inc- BMI, SESAC),  including, without limitation, consent from any record label with which you or a Band Member are under contract; and (viii) such User-Posted-Content does not and will not infringe upon or violate the privacy, publicity, performance, copyright, trademark, or contract rights, or any other rights of any person or entity, nor violate any applicable law or regulation or requirement of these Terms of Use.

You or the owner of such User-Posted-Content will retain ownership of all right, title and interest in the User-Posted-Content that is Posted by you or on your behalf on the Site.  However, when User-Posted-Content is Posted on the PlugMyMusic.com Site by you or on your behalf, you grant to PlugMyMusic.com, its affiliates, subsidiaries, successors, assigns, agents and licensees, an unrestricted, irrevocable, nonexclusive, royalty free, perpetual, worldwide license (without further compensation or obligation to you or any third party) to: (i)  Post, use, modify, publicly perform, publicly display, reproduce, distribute, publish, broadcast, transmit, translate, record, synchronize, delete, block, prepare derivative works from and reformat such User-Posted-Content, with and without other material (including commercial and advertising material), on and in connection with the Site, its advertising, promotion and services; (ii) use and distribute scripts, stripped of user names or other elements by which Members may be identified, for purposes of analyzing site activity and for promotion, marketing and advertising purposes; and (iii) use and to permit others to use your name, likeness, performance, and music, and that of your Band, and Band Members, in connection with the Site, its advertising, promotion, and services.  You hereby waive any “moral rights” that you may have in such User-Posted-Content and warrant and represent that you have secured any necessary waivers of such rights from the performers in, and the creators and authors of, the User-Posted-Content.

 

12.Monitoring of Content

You acknowledge that PlugMyMusic.com shall have the right, but not the obligation, to pre-screen, monitor, refuse, block, move, alter or delete any and all User-Posted-Content on the Site, whether on or in Member Profiles, Musician Pages, Band Pages, or otherwise, and to delete any links to or from other web sites.   Without limiting the foregoing, PlugMyMusic.com reserves the right, in its sole judgment, to suspend access to, block and/or delete any User-Posted-Content, for any or no reason, with or without notice, including, without limitation, if such User-Posted-Content is, or, in PlugMyMusic.com’s sole judgment may be:  (a) in violation of these Terms of Use; (b)  inappropriate given the purpose of the Site; or (c) material that poses a legal risk for PlugMyMusic.com.; or (d) offensive or otherwise unacceptable to PlugMyMusic.com

PlugMyMusic.com has provided accessible means of allowing you to notify it of misuse of the Site, including, without limitation, the Posting on the Site of inappropriate content, or other activity and content that violates these Terms of Use, by clicking on the “contact us” page.  In addition, you may notify PlugMyMusic.com  of such misuse or inappropriate content or activity by emailing us at info@ PlugMyMusic.com or by mailing PlugMyMusic.com at 13014 N. Saguaro Blvd. Ste. 106, Fountain Hills, AZ 85268, specifying your name, the date you discovered the inappropriate content, the URL address and a description of the misuse or inappropriate content complained of, and the user name of the person who Posted it, (if known).  Upon receipt by PlugMyMusic.com of your notification, the content in question may be removed from the Site, and PlugMyMusic.com will take such action as it deems appropriate.  However, to complain about a potential violation of your or another’s copyright by material on the Site, you must comply with the requirements set forth in Paragraph 16 below (Digital Millennium Copyright Act- DMCA Copyright Infringement Notice).

PlugMyMusic.com is not responsible for removal or alteration of any User-Posted-Content or for any failure or delay in removing or altering User-Posted-Content.  PlugMyMusic.com does not assume any responsibility to monitor, review or evaluate any User-Posted-Content created or Posted on or to the Site, and you are responsible for all risks associated with the use of any User-Posted-Content, including all risks associated with the legality, accuracy, completeness or usefulness of such User-Posted-Content.

 

13.Conditions of Site Access – Prohibited Conduct.

You understand that PlugMyMusic.com is allowing you to access the Site under certain conditions and you covenant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert advertising, branding or other promotional content into any of the Site’s content, materials or services, or rebroadcast, redistribute, republish or exploit any of the Site’s content, materials, or services; (c) use the Site or any of its content, materials or services for any commercial or promotional purpose (except that Posting your profile or your performances or your Band’s musical performances on your Band Page or listing the URL address of your or your Band’s web site on your or your Band Page to promote your and your Band’s music and musical career is not a violation of this provision); (d) modify the Site content (including User-Posted-Content not owned by you, unless with the permission of its owner); (e) attempt to gain unauthorized access to other computer systems through the Site; or (f) download or copy content, nor any other User-Posted-Content, that is Posted to this Site by other Users.  You shall not: (i) engage in spamming, spidering, “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means including “robots” of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; nor (ii) use the Site or the Site’s services or features: (A) to obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (B) in any manner with the intent to interrupt, damage, disable, overburden, or impair the PlugMyMusic.com Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (C) in violation of PlugMyMusic.com’s or any third party’s intellectual property or other proprietary or legal rights; or (D) in violation of any applicable law.  You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof.  You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.  Any conduct that would violate these Terms of Use is prohibited. 

 

14.Age Limitations and Parental Controls.

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  In any case, you must be at least 14 years old to become a Member or to use this Site, as the Site is not intended for children under 14.  If you are a user 14 to 17 years old, please review these Terms and Conditions and the PlugMyMusic.com Policy with your parent or guardian.  Your parent or guardian must agree to these Terms and Conditions and the PlugMyMusic.com Privacy Policy on your behalf and by using this Site you are confirming that they have done so.  If you are under 14 years of age, then please exit the Site now. 

Parental discretion is advised for all users under 18.  We strongly recommend that parents supervise their children’s online activities. 

 

15.Reporting Certain Abuses to Law Enforcement Authorities.

The Site is intended for use by a general audience, including children as young as 14.  Sexually explicit material is prohibited and by Posting such material to the Site you violate these Terms of Use and may be violating the law for the unlawful transmission of sexually explicit material to minors.  PlugMyMusic.com reserves the right to report to local, national or international law enforcement agencies abuse and violations of these Terms of Use, including, without limitation, those that may compromise the safety of Users of the Site.  Nothing in this Terms of Use shall be construed to prohibit or restrict PlugMyMusic.com from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements and legal reporting obligations relating to your use of the Site or information provided by or gathered about you in connection with use of the Site by you or others using any of your Account Information, including but not limited to, providing information regarding music, performers and musical performances that are Posted on the Site to music performing rights organizations and similar entities.

 

16. Digital Millennium Copyright Act

PlugMyMusic.com respects the intellectual property rights of others, and requires that all Users who use the Site do the same.  PlugMyMusic.com will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site privileges of anyone who repeatedly infringes the copyright rights of others.  If you believe that your work has been used, Posted, or copied on the Site in a way that constitutes copyright infringement, please notify the PlugMyMusic.comin writing with the following information:

(i)   Information reasonably sufficient to permit PlugMyMusic.com to contact you, such as your real name, address, telephone number, and, if available, an electronic email address at which you may be contacted;

(ii) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;

(iii) Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PlugMyMusic.com to locate such material, including if possible the name of such work, and where such material  may be found on the Site (please be as detailed as possible so that we can actually find the material that you claim is infringing);

(iv) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;

(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

 (vi) Your electronic or physical signature.

PlugMyMusic.com  Agent for notice of claims of copyright infringement can be reached as follows:

 

E Image Agency/

Plug My Music

Marie Ralston

480-816-9282

13014 N. Saguaro Blvd. Ste. 106

Fountain Hills, Az 85268

 

17.Linking to the Site.

You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site.  You are not permitted to link directly to any image hosted on the Site or our features or services, such as using an “in-line” linking method to cause the image hosted by PlugMyMusic.com  to be displayed on another web site.  You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site.  You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding unless you have written permission to do so.  You may not link from any other web site containing any material that is unlawful or infringes upon or violates the rights of others.   We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.

 

18.Links to other web sites.

The Site may contain links to other web sites operated by third parties that are not owned by PlugMyMusic.com.  PlugMyMusic.com  assumes no responsibility for the information, content, products, services, statements, advertising, code or privacy policies or practices of, made in or offered in such sites.  The inclusion of such links within the Site does not suggest any endorsement of the material on such sites or any association with their operators.  Please exercise caution before entering such other web sites and/or providing any personal information through such sites.

 

19.Electronic Communications and Notices.

PlugMyMusic.com  may, from time to time, make instant messaging services, chat services, forums, bulletin boards, webcasts, webinars, message boards, blogs and other such services available on or through the Site.  When you visit or use these services or send emails to us, you are communicating with PlugMyMusic.com  electronically.  It is important to remember that information submitted electronically may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will eventually read them.  It is therefore important that you are careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in Discussion Boards.

By using the Site, you consent to receive communications from us electronically and agree that we may communicate with you via email, by posting notices on this site, and also, if we wish, by regular means of communication, including for example, postal mail.  You agree that all agreements, disclosures, notices and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

20.Ownership.

The PlugMyMusic.com  Web Site is owned by PlugMyMusic, LLC. PlugMyMusic are service marks of PlugMyMusic LLC.  The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are owned by PlugMyMusic LLC  and others and may not be used unless authorized by the trademark owner.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of its owner.

 

21.Additional Terms.

From time to time, in order that you may be able to access or use certain services made available on the Site, you may be required to agree to additional terms and conditions.  Unless otherwise provided by those additional terms and conditions, such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

 

22.Termination.

You may request that we terminate your membership and account (and thus your access to the Site) at any time by sending an email informing PlugMyMusic.com  of your request, to info@PlugMyMusic.com. In addition, if you fail to use your user name on a regular basis (at least once a month) to log on to the Site, PlugMyMusic.com  may cancel your membership, account and access without notice to you. 

PlugMyMusic.com  reserves the right to suspend and/or terminate your membership, account and access to the Site and/or its services at any time if we believe you are in breach of these Terms of Use or applicable law or for any other reason, without notice or liability.  PlugMyMusic.com  will suspend and/or terminate your membership, account and access to the Site if in PlugMyMusic.com’s  sole discretion it determines that you (or someone using your Account Information) have repeatedly infringed the intellectual property rights of others.  In accordance with Paragraph 15,  PlugMyMusic.com  will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of access to the Site of anyone who repeatedly infringes the copyright rights of others.

Termination or suspension of your membership, account and/or access shall not affect or terminate the rights and licenses granted to PlugMyMusic.com  by you or on your behalf.

 

23.Disclaimers of Warranties.

The Site and the materials, items, goods, services, functions, information and content on or made available through the Site, are provided “as is”, “as available” and without warranties of any kind, either express or implied, including, without limitation, any warranty for information, data or data processing services.  To the fullest extent permitted by applicable law, PlugMyMusic.com disclaims all warranties, express and implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, title and non-infringement.  PlugMyMusic.com  does not represent or warrant that the functions contained in the Site will be timely, secure, uninterrupted or error-free or that any defects will be corrected.  PlugMyMusic.com  also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the site.  PlugMyMusic.com  does not make any warranties or representations with respect to the material, goods, services, information and content made available on or through the Site, including, without limitation, their availability, accuracy, correctness, adequacy, usefulness, timeliness, or reliability. 

 

24.Limitation of Liability.

In no event, including but not limited to negligence, shall PlugMyMusic.com, any affiliate, parent or subsidiary, or any of their respective directors, officers, limited liability company members, employees, agents or service providers (collectively, the “Protected Entities”) be liable for any damages of any kind, (including, without limitation, direct, indirect, special, incidental, exemplary, punitive, or consequential damages, lost profits or lost data, regardless of the foreseeability of those damages), arising out of or in connection with the use of, or the inability to use, the Site or the content, materials and functions thereof, including, without limitation, User-Posted-Content or content transmitted, exchanged or received by or on behalf of any User or other person on or through the Site, even if PlugMyMusic.com  has been advised of the possibility of such damages.  In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to negligence or otherwise) arising from the Terms of Use, the PlugMyMusic.com  Privacy Policy, the content on the Site, or your use of the Site exceed the amount, if any, paid by you to PlugMyMusic.com  for your use of the Site or purchase of products via the Site.  Some jurisdictions do not permit limitation or exclusions of liability for incidental or consequential damages so some of the above limitations may not apply to certain Users.

 

25.Indemnification.

You agree to indemnify and hold harmless PlugMyMusic.com  , its affiliates, parent and subsidiary companies, and their respective officers, directors, limited liability company members, employees, agents, licensors, licensees, partners, service providers and suppliers (the “Indemnified Parties”), from and against all losses, liability, claims, demands, expenses, damages and costs (“Losses”) incurred by any of the Indemnified Parties, including reasonable attorneys fees and expenses, that result or arise from:  (i) any User-Posted-Content Posted by you or on your behalf; (ii) your violation of these Terms of Use or breach of any of your representations and warranties; (iii) violation by you of the rights of others; and/or (iv) your use of the Site.  PlugMyMusic.com  shall have the right to control the defense and settlement of any third party claim covered by the foregoing indemnification.  In addition to your indemnification obligation for Losses, you shall be responsible for the costs and expenses of such defense, including, without limitation, all legal fees and expenses as well as the amount of any settlement reached, or judgment rendered, in connection therewith.  You agree to cooperate, at your sole cost and expense, with PlugMyMusic.com’s  defense of such third party claim.  At PlugMyMusic.com’s  election, and upon notice to you, you shall obtain counsel reasonably satisfactory to PlugMyMusic.com, at your cost and expense, to defend any third party claim covered by the foregoing indemnification, and PlugMyMusic.com  shall cooperate with such defense.  In such event you shall not settle any such third party claim without the prior written consent of PlugMyMusic.com.

 

26.No Third Party Beneficiary. 

Nothing in these Terms of Use shall be construed to establish a basis for claims against PlugMyMusic.com  or any Protected Entities by third parties asserting status as third party beneficiaries.

 

27.Assignment.

PlugMyMusic.com  may assign its rights and duties under these Terms of Use, and assign and license, as well as sublicense, its rights in the Site and User-Posted-Content, without notice to you.  You may not assign your rights and obligations under these Terms of Use.

 

28.Questions, Complaints, Service Contact; Lost User Names or Passwords.

If you have any questions about the Site, have technical service issues, or have lost your username or password, and wish to contact PlugMyMusic.com, please contact:  support@PlugMyMusic.com.  However, to complain about a potential violation of your or another’s copyright by material on the Site, you must comply with the requirements set forth in Paragraph 15 above (DMCA Copyright Infringement Notice).  

 

29.Modifications

PlugMyMusic.com  reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, modify or discontinue the Site or portions thereof, at any time without notice.  With respect to changes to the Terms of Use, PlugMyMusic.com  shall post any such modification on the Site.  Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.  It is important for you to review these Terms of Use on a regular basis to be sure that you are aware of any changes and your obligations in connection therewith.

 

30.Applicable Law and Disputes.

We control and operate the Site from our offices in the United States of America.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Arizona, without regard to its conflict of laws provisions.  Except as otherwise set forth in the PlugMyMusic.com  Privacy Policy with respect to disputes involving the PlugMyMusic.com  Privacy Policy, you agree that all disputes between you and PlugMyMusic.com  arising out of these Terms of Use or the Site, shall be commenced and heard in the appropriate state and federal courts located in Maricopa County,Arizona and you hereby consent to personal jurisdiction of such courts and waive any objection based on improper or inconvenient forum.  Any cause of action or claim against PlugMyMusic.com  that you may have with respect to the Site must be commenced within one year after the claim or cause of action arises.  You hereby agree, where such restriction is permitted by law, that you will not consolidate any claim that you have with the claims of other persons.  All parties to these terms and conditions waive their respective rights to a trial by jury.

PlugMyMusic.com  is not responsible for, and has no obligation to monitor or resolve, disputes between Members or users.

 

31.No Waiver.

PlugMyMusic.com‘s failure to exercise or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of any such provision or right.  Neither the course of conduct between the parties nor trade practices shall act to modify any of these Terms of Use.

 

32.Severability.

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, then you nevertheless agree that the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect.

 

33. Entire Agreement.

These Terms of Use, together with the PlugMyMusic.com  Privacy Policy, and any other terms and conditions set forth or displayed on the Site, contain the entire understanding between you and PlugMyMusic.com  with respect to your use of the Site. If you do not agree with all of these Terms of Use, please exit the Site now.

Dated:  August 28, 2007