Introduction: Your Agreement to these Terms of Service.
Welcome to the Music Mastermind web site (the "Music Mastermind Site") – www.musicmastermind.com – and any other web sites or services owned or operated by Music Mastermind, Inc. ("Music Mastermind"). This Terms of Service ("Terms" or "Agreement") is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age ("you") and Music Mastermind regarding your use of the Music Mastermind Site. All references to "us," "our", "we" and "Music Mastermind" in this Agreement are intended to refer to Music Mastermind, Inc. and its affiliate entities. The services hereunder are offered by Music Mastermind, Inc. located at: 24003-A Ventura Boulevard , Calabasas, CA 91302 and email: firstname.lastname@example.org
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, USING AND/OR REGISTERING FOR THE MUSIC MASTERMIND SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE MUSIC MASTERMIND SITE.
Individual Features and Services. When using Music Mastermind, you may be subject to any additional posted guidelines or rules including, but not limited to, the notices which are applicable to specific activities and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Modification of these Terms. Music Mastermind reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Music Mastermind Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Music Mastermind Site.
Prohibited Conduct. VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN MUSIC MASTERMIND'S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE MUSIC MASTERMIND PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE MUSIC MASTERMIND SITE, YOU UNDERSTAND AND AGREE THAT MUSIC MASTERMIND CANNOT BE RESPONSIBLE FOR ANY EXTERNAL CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING THE MUSIC MASTERMIND SITE YOU AGREE NOT TO:
Eligibility; Account Information. THE MUSIC MASTERMIND SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE MUSIC MASTERMIND SITE BY MUSIC MASTERMIND. You agree that the information you provide to Music Mastermind on registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times and that you will be the sole user of your login identification.
User Name. When you register as a user you will be asked to provide a user name. You agree that Music Mastermind user names are the property of Music Mastermind, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, a Music Mastermind user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.
Password. When you register as a user you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all content posted and activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Music Mastermind. You may be liable for the losses incurred by Music Mastermind or others due to any unauthorized use of your account.
Ownership; Proprietary Rights. The Music Mastermind Site is owned and operated by Music Mastermind. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Music Mastermind Site provided by Music Mastermind, including without limitation any artwork, visual art and any combination thereof (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Provided Information (as defined below), which is owned by users, all Materials contained on the Music Mastermind Site are the property of Music Mastermind or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Music Mastermind or its affiliates and/or third-party licensors. Except as expressly authorized by Music Mastermind, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Subscriptions; No Fees. Music Mastermind does not charge a fee to access the Site or our basic subscriber services. Music Mastermind reserves the right to, at its sole discretion, display advertisements on the Music Mastermind Site when using our basic subscriber services with no compensation to You. We may make additional premium services available to You from time to time and such additional services may be subject to different terms and fees. We will make such additional terms and/or fees known to You before utilizing any additional services.
User Provided Information.
Definition of User Provided Information; Ownership. Music Mastermind may now or in the future permit the posting of comments or other information about Music Mastermind or the Music Mastermind Site in general throughout the Music Mastermind Site ("User Provided Information"), and the hosting, sharing, display and/or analysis of such User Provided Information. You understand that whether or not such User Provided Information is displayed, Music Mastermind does not guarantee any confidentiality with respect to any User Provided Information. Users retain all right, title, and interest in and to all of their respective User Provided Information.
License Grant to Music Mastermind. By submitting User Provided Information to the Music Mastermind Site, you hereby grant to Music Mastermind a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to use, display, reproduce, distribute and analyze your User Provided Information within the Music Mastermind Site in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the Music Mastermind Site and improving the way the Music Mastermind Site works and looks, and to create new features and functionality.
Limited License Grant to other Music Mastermind Users. By submitting User Provided Information to the Music Mastermind Site, you hereby grant to all users of the Music Mastermind Site a non-exclusive license to use, display, and reproduce such User Provided Information as necessary for such users to use the relevant Music Mastermind Site functionality or features.
License Termination. The foregoing licenses granted by you terminate as to specific User Provided Information once you remove or delete such User Provided Information from the Music Mastermind Site, except for Music Mastermind's right to use such information in aggregate form to improve the way the Music Mastermind Site works and looks, and to create new features and functionality.
Required Rights. You shall be solely responsible for your own User Provided Information and the consequences of posting or publishing it. In connection with User Provided Information, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Music Mastermind and Music Mastermind's users to use the User Provided Information uploaded by you as necessary to exercise the licenses granted by you in this Section and otherwise in the manner contemplated by Music Mastermind and these Terms.
User Provided Information Representations. In connection with User Provided Information, you further agree that you will not: (i) submit material that is copyrighted, protected by patents or trade secrets or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the information and to grant Music Mastermind all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Music Mastermind or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
User Provided Information Disclaimer. You understand that when using the Music Mastermind Site you will be exposed to User Provided Information from a variety of sources, and that Music Mastermind is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Information. You further understand and acknowledge that you may be exposed to User Provided Information that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Music Mastermind with respect thereto, and agree to indemnify and hold Music Mastermind, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Provided Information. Music Mastermind does not endorse any User Provided Information or any opinion, recommendation or advice expressed therein or based upon such User Provided Information, and Music Mastermind expressly disclaims any and all liability in connection with User Provided Information. If notified by a user or a content owner of User Provided Information that allegedly does not conform to these Terms, Music Mastermind may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Provided Information, which it reserves the right to do at any time. MUSIC MASTERMIND DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THE MUSIC MASTERMIND SITE.
DMCA Notifications. It is Music Mastermind's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Music Mastermind will promptly terminate without notice any user's access to the Music Mastermind Site, if that user is determined to be a "repeat infringer." A repeat infringer is a user who has been notified by Music Mastermind of infringing activity violations more than twice and/or who has had content removed from the Music Mastermind Site more than twice.
Third-Party Sites, Products and Services; Links
The Music Mastermind Site may include links to other web sites or services solely as a convenience to users ("linked sites"). Music Mastermind does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Music Mastermind makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Music Mastermind Site are solely between you and such advertiser. YOU AGREE THAT MUSIC MASTERMIND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE MUSIC MASTERMIND SITE.
Termination by Music Mastermind.
For Violations; Termination. You agree that Music Mastermind, in its sole discretion and for any or no reason, may suspend or terminate any account (or any part thereof) you may have with Music Mastermind or your use of the Music Mastermind Site and remove and discard all or any part of your account, any User Provided Information, at any time. Music Mastermind may also in its sole discretion and at any time discontinue providing access to the Music Mastermind Site, or any part thereof, with or without notice. You agree that any termination of your access to the Music Mastermind Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Music Mastermind shall not be liable to you or any third party for any such termination, or for any price change, suspension or modification of service. As discussed herein, Music Mastermind does not permit copyright infringing activities on the Music Mastermind Site, and reserves the right to terminate access to the Music Mastermind Site, and remove all content submitted, by any users who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Music Mastermind Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Music Mastermind may have at law or in equity.
For Excessive Usage. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Music Mastermind) of other users of the Music Mastermind Site, we reserve the right to immediately disable your account until you reduce your bandwidth consumption or make arrangements with Music Mastermind for a custom account.
By Users. You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing Subscriber Services at email@example.com with a cancelation request. Your account shall be considered canceled upon receipt of an email from Subscriber Services confirming the cancelation of your account. All of your User Provided Information may be deleted from your account upon cancelation. This information cannot be recovered once your account is canceled. For clarity, a phone request to cancel your account is not considered cancelation.
Upon Termination. Termination as provided hereunder will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
Disclaimers; No Warranties. THE MUSIC MASTERMIND SITE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO USER PROVIDED INFORMATION, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MUSIC MASTERMIND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT SUPPORT OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MUSIC MASTERMIND, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MUSIC MASTERMIND, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MUSIC MASTERMIND SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MUSIC MASTERMIND SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MUSIC MASTERMIND, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MUSIC MASTERMIND SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MUSIC MASTERMIND NOR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MUSIC MASTERMIND SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.MUSIC MASTERMIND TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH MAY BE POSTED ON THIS MUSIC MASTERMIND SITE NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES THAT MAY PROVIDED BY ITS ADVERTISERS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless. You agree to indemnify, save, and hold Music Mastermind, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the Music Mastermind Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Music Mastermind reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Music Mastermind, and you agree to cooperate with Music Mastermind's defense of these claims.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MUSIC MASTERMIND OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE MUSIC MASTERMIND SITE, OR ANY OTHER INTERACTIONS WITH MUSIC MASTERMIND, EVEN IF MUSIC MASTERMIND OR A MUSIC MASTERMIND AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MUSIC MASTERMIND'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL MUSIC MASTERMIND OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MUSIC MASTERMIND SITE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER MUSIC MASTERMIND SITE USERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MUSIC MASTERMIND SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MUSIC MASTERMIND AND RECEIVED THROUGH OR ADVERTISED ON THE MUSIC MASTERMIND SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MUSIC MASTERMIND SITE.
Notice. Except as explicitly stated otherwise, legal notices will be served on Music Mastermind's national registered agent or to the email address you provide to Music Mastermind during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Music Mastermind Site. In such case, notice will be deemed given three days after the date of mailing.
Waiver. The failure of Music Mastermind to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Music Mastermind.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Music Mastermind will be filed only in the state or federal courts in and for Los Angeles County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Music Mastermind without restriction.
Force Majeure. Without limiting the foregoing, under no circumstances shall Music Mastermind or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Music Mastermind relating to the subject matter herein and will not be modified except in a written document, signed by both parties, or by a change to these Terms or Guidelines made by Music Mastermind as set forth in Section 3 above.
Claims. YOU AND MUSIC MASTERMIND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MUSIC MASTERMIND SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services hereunder are offered by Music Mastermind, Inc., located at: 24003-A Ventura Boulevard, Calabasas, CA 91302 and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Last Updated: October 30, 2010