Terms of Service
THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, AND FOR OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT AND SUFFICIENCY OF WHICH YOU ACKNOWLEDGE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, DO NOT USE THIS SITE.
YOU MAY USE THE SITE IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THESE TERMS OF USE ON YOUR BEHALF.
The Site
Information Control. Musicane does not control, and is not responsible for, the information provided by other parties, whether by its customers or other users, which is made available through the Site. You may find such third parties' information to be offensive, harmful, inaccurate, or deceptive. You must use caution and common sense when using the Site.
Your Information. As used in this Agreement, the term "Your Information" means any information you provide to Musicane, its customers, or other users in using the Site, including in any registration process, in any public message area or through any email or messaging feature. You are solely responsible for Your Information. Your Information may not: (a) be false, inaccurate, misleading or fraudulent; (b) infringe any anyone's copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing; (e) promote any commercial product the sale of which you stand to benefit from; (f) contain any viruses, trojan horses, worms, time bombs, bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way; or (g) create liability for Musicane or cause it to lose (in whole or in part) the services of its ISPs or other suppliers. You grant Musicane a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now existing or later invented.
Privacy. Musicane will only use Your Information according to its Privacy Policy as may be established from time to time, the provisions of which are expressly incorporated into and made a part of this Agreement.
Prohibited Uses
Improper Conduct. You agree that you will not: (a) impersonate any other individual, including without limitation another user or a Musicane staff member; (b) engage in harassment of any form, including without limitation through improper language or excessive frequency or size of messages; (c) send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages; (d) copy or post any personal messages sent to you via the Site; (e) use the Site for any unlawful purpose; or (f) otherwise use the Site in a deceptive, abusive or otherwise disruptive manner.
Copyright Infringement. You agree that you will not use the Site to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SITE TO UPLOAD OR DOWNLOAD ANY MUSICAL PERFORMANCES, RECORDINGS, OR COMPOSITIONS, OR OTHER PROPRIETARY MATERIAL (AS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO ARTISTS' LIKENESSES OR IMAGES, OR ANY CONTENT OF ANY KIND AVAILABLE ON THE SITE UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH PROPRIETARY MATERIAL, THROUGH PURCHASE OR OTHERWISE. You agree to indemnify, defend and hold harmless Musicane, its affiliates, customers, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the "Musicane Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and/or actions of any kind with respect to the Site infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.
Interference and Unauthorized Access. You agree that you will not: (a) attempt to circumvent user authentication or the security of any Musicane account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy Musicane's web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or (d) take any action that imposes an unreasonable or disproportionately large load on Musicane's infrastructure, including without limitation "denial of service attacks."
If you in any way violate any system or interfere with network security you may incur criminal or civil liability. Musicane will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Proprietary Materials
The Site contains copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, software, photographs, video, graphics, images, music and sound (collectively "Proprietary Material"). You may download audio recordings and other digital content if you agree to the terms of our Musicane User Agreement. Otherwise, you agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, including but not limited to artists' names, likenesses, and images of any kind, on the Site.
Copyright Infringement Claims Procedure
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to Musicane the information described in its Copyright Infringement Policy in accordance with the procedures described in the policy.
Linked Sites
Musicane is not affiliated with sites that may be linked to the Site through hypertext ("Linked Sites"). Musicane has no control over, and is not responsible for, the content on any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.
Disclaimer Of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MUSICANE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MPO DOES NOT WARRANT OR GUARANTEE THAT (1) THE SITE IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SITE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES MPO PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MUSICANE IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SITE, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THE SITE. Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.
Limitation Of Liability
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL THE MUSICANE PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE MPO PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$100. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.
General Terms And Conditions
Termination. Without limiting other remedies, Musicane may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site if: (a) you breach these Terms of Use or any of the documents incorporated by reference; (b) Musicane is unable to verify or authenticate any information you provide to it; or (c) Musicane believes that your actions may cause legal liability to any person or entity.
Indemnity. You agree to indemnify and hold each Musicane Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including attorneys' fees and costs, made by any other party due to or arising out of your breach of these Terms of Use or the documents incorporated by reference, or your violation of any law or the rights of another party.
Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the State of California, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.
Changes and Cancellation. Musicane may at any time, without notice or liability, change or eliminate the Site or the content contained therein, or restrict use of any portion of the Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Musicane may at any time, in its sole discretion, cancel or suspend the Site for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Site.
Reservation of Rights. Musicane reserves the right to refuse access to the Site for any reason.
Amendment. Musicane may amend these Terms of Use at any time by posting the amended terms on the Site, which will become effective immediately when posted. By continuing to use the Site after Musicane posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of Musicane.
General. These Terms of Use contain the entire understanding of the parties relating to their subject matter and supersede any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of these Terms of Use are to be interpreted in a reasonable manner to effect the purpose of the parties, and are not to be interpreted or construed against Musicane because it participated in their drafting. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision. Musicane may assign or transfer this agreement, in whole or in part, to any party without notice. All terms and conditions of these Terms of Use Agreement which by their nature are meant to survive the termination of the Terms of Use will survive termination. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
