|
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
|