By creating an account on this Site and providing Your contact information, including email address, You expressly agree to receive promotional and/or sales communications on occasion from Musinq® via mail, fax, email and/or phone. You also agree that aggregate information and/or Your personally identifiable account information may be shared with third parties for the purpose of supporting connections to their Services when applicable, or with marketing partners that offer complimentary Services. However, Musinq shall never share your credit card information with any third party, aside from Musinq’s payment processor. Musinq, or its authorized agents, may on occasion contact end users directly in order to provide support or conduct research for the purpose of improving the Service.
Users understand that any user questions or input may be publicly displayed, and any answers may be publicly displayed. You accept sole responsibility and liability for any and all content (e.g., data, user questions, user submissions, information, links, postings, comments, opinions, transcriptions, sheet music, notes, verses, lessons, Services, photos, images, likenesses, voices, graphics, features, functionality, options, format, arrangement, compilation or intellectual property) You submit, or otherwise make available, to the Site (“User Content”), including any URLs or settings activated that cause links from the Site to third party Services or third party websites. You agree that User Content will be, to the best of Your knowledge and intent, accurate and does not infringe or misappropriate any third party rights or violate any applicable laws. While Musinq does not review User Content for approval, Musinq does reserve the right to delete, without liability to You or any third party, any User Content that Musinq deems, at its sole discretion, is offensive, inappropriate, demeaning, hateful, prejudice, illegal or unacceptable for any reason and with no requirement to provide explanation.
Your submission of User Content shall be deemed and considered an irrevocable, unlimited, non-exclusive, worldwide, sub-licensable, transferable license for Musinq, the Artists, affiliates and other third parties to use, exploit, distribute, re-transmit, compile, reproduce, modify, adapt and publically display such User Content. You retain all other rights and interest to the User Content You submit via the Site. Any material, information or other communication You provide to Musinq or transmit to this Site will be considered non-confidential and non-proprietary. You understand and agree that any oral conversations or written communications to Musinq may be recorded or used for any purpose.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we 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.
Notification of Alleged Copyright Infringement
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 our Designated Agent.
If You believe that Your own copyrighted work is accessible on the Site in violation of Your copyright, You may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1) Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that we can locate the material.
2) Identify the URL or other specific location on the Site that contains the material that You claim infringes Your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
3) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
4) Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5) Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
6) Include Your name, mailing address, telephone number and email address.
You may send Your Notification of Alleged Copyright Infringement to our Designated Agent via e-mail at webadmin@”musinq.com”.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Musinq has adopted a policy of terminating, in appropriate circumstances and at Musinq’s sole discretion, accounts that are deemed to be repeat infringers. Musinq may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This Site contains links to other websites which are provided solely as a convenience to You. Musinq is not responsible for the Content, accessibility or functionality of any other website and make no representation or warranty regarding any other websites, or the Contents, materials, accessibility or functionality on such websites. If You decide to access other websites, You do so at Your own risk. Musinq is not responsible for the privacy policies or Content of any linked websites or of any vendors which provide the software suggested or downloaded by Musinq.
MUSINQ, THE MUSINQ ARTISTS AND ANY OF MUSINQ’S THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY CONTENT, DATA, INFORMATION, SERVICES, FUNCTIONALITY OR ACCESSIBLITY PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. MUSINQ AND MUSINQ’S THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM: I) ANY REPRESENTATION OR WARRANTY THAT THE SITE AND SERVICES WILL BE AVAILABLE, ERROR-FREE, SECURE OR UNINTERRUPTED; II) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON THE SITE; III) ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
LIMITATION OF LIABILITY
MUSINQ WILL NOT BE, AND MUSINQ’S ARTISTS OR THIRD PARTY PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN THE SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE, CONTENT, DATA, SERVICES OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE OR THE PROVIDED SERVICES OR (III) THE PERFORMANCE OR NON PERFORMANCE BY MUSINQ, THE ARTISTS OR ANY THIRD PARTY PROVIDER, EVEN IF MUSINQ, THE ARTISTS OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages, loss or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. In its sole discretion, in addition to any other rights or remedies available to Musinq and without any liability whatsoever, Musinq at any time and without notice may terminate or restrict Your access to this Site and/or the provided Services. Some states do not allow the limitation of liability, so the limitations above may not apply to You.
You shall defend and indemnify Musinq, its Artists and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by (or on Your behalf by) third parties as a result of Your use of this Site or any related Services.
Your use of this Site does not create a joint venture, partnership, employment or agency relationship with Musinq, its Artists or any of Musinq’s third party providers.
These Terms and its performance shall be governed by the laws of the state of Arizona or California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, or Los Angeles County, California, in all questions and controversies arising out of Your use of this Site and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to Your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
If Musinq, its Artists or its third party providers take any action to enforce these Terms, such parties will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to Musinq as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, You agree that Musinq shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Musinq in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
Musinq may terminate these Terms and/or the provision of any of the Services at any time for any reason, including any improper use of this Site or Your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Musinq and its third party providers may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to You will terminate.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Musinq reserves the right to change or modify the terms and conditions of these Terms at any time without notice. Users are responsible for regularly reviewing these Terms. Continued use following any change constitutes Your acceptance of such changes.
You agree to abide by any additional terms and conditions imposed by any of our Artists or third party providers with whom You elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rule restrictions. You shall be completely responsible for all charges arising out of the use of this Site.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
These Terms, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.