We are excited to have you join the hundreds of
talented musicians on our site.
With the right promotion, our artists have had a significant increase in their web traffic.
3. Proprietary Rights. You acknowledge that you are aware that we own the copyrights in our Site and agree that you will not copy or modify the underlying code without our express written permission. Additionally, all content on the Site and available through the Site, including but not limited to trademarks, service marks, logos, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement along with the "look and feel" of the Site (the "Site Content"), are the proprietary property of us, our users or our licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
4. Eligibility. Use of and membership to this Site is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate (e.g., you agree that you have the legal right to use the email address(es) you provide); (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your membership or account may be terminated without warning if we believe that you have failed to adhere to the aforementioned. Moreover, if you, in our sole discretion, are determined to violate this Agreement (or our other applicable documents, policies or guidelines) or otherwise engage in infringing behavior or behavior that is inconsistent with the spirit of this Agreement, we may investigate such violations or behavior and may take any action we deem appropriate, including without limitation, suspending or terminating your access to the Site and your account and reporting any suspected unlawful activity to law enforcement officials (and disclosing any of your user information to such officials), and pursuing any other remedy available at law or in equity.
5. Registration Data; Account Security. To access certain features and participate in certain services of the Site, you must create an account with us. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the confidentiality and security of your account password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. We assume no liability for any losses caused by unauthorized use of your account; you, however, may be liable for our or other's losses owing to such unauthorized use. Your account, username, and password are non-transferable by you. We reserve the right to refuse or change any username for any reason whatsoever.
6. Your Conduct. You understand that except for advertising programs offered by us on the Site that the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site (including, without limitation, User Content) will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material, and that you own or have the necessary rights, licenses, consents, permissions, and any other like authority (including from third parties) necessary to use and authorize the use of materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site (including, without limitation, User Content). In addition, you agree not to use the Site to:
7. Your Content.
8. Copyright Infringement. Wherein we receive proper written notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to email@example.com.
9. Repeat Infringer. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Site and/or terminate the memberships or accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Third-Party Websites and Content. The Site contains (or you may be sent through the Site) links to other websites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Applications, Software or Content"). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
12. User Disputes. You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users. Furthermore, we have no obligation to intervene with disputes between you and other users.
15. Limitation of Liability. In no event will we or our directors, employees, representatives, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site, any platform applications or any of the Site Content or other materials on, accessed through or downloaded from the Site, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the service during the term of membership, but in no case will our liability to you exceed One Thousand Dollars ($1,000). 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 may have additional rights.
16. Termination. We may terminate your membership or account, delete your profile and any content or information that you have posted (including, without limitation, any User Content) on the Site or through any platform application and/or prohibit you from using or accessing the Site or any platform application (or any portion, aspect or feature of the Site or any platform application) for any reason, or no reason, at any time in our sole discretion, with or without notice, including without limitation if we believe that you are under 13, or under 18 and not in high school or college.
17. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Nashville, Davidson County, Tennessee, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in Nashville, Davidson County, Tennessee. We may provide you with notices (or, if applicable, serve process upon you) using any contact information (e.g., email address, postal address, or fax number) supplied by you in your membership or account registration.
19. Indemnity. You agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third-Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party. This indemnification obligation, along with any representations and warranties made by you hereunder, will survive the termination of this Agreement and your use of the Site.
20. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, correspondences or other information about the Site ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Furthermore, you acknowledge and agree that we do not guarantee any confidentiality with respect to User Content or any other content or information you post on the Site, and that we have no liability with respect to any infringement (or alleged infringement) or other such misappropriation of any proprietary right in User Content or other content or information you post on the Site.
22. Assignment. You have no right to assign or transfer this Agreement or any rights or licenses granted or any obligations hereunder. We, in our sole discretion, may assign same without restriction.
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