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August, 28 2008
 
   
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Terms & Conditions
Terms & Conditions:

MusicONtrack.com are for services hosted in the U.S.. MusicONtrack.com is a networking service that allows artist in music for all genres and styles to create a personal yet one of a kind profile online, but most importantly it allows everyone to listen to the artists music. Any services gathered and offered by MusicONtrack.com are included by the formation of the MusicONtrack.com website. The gathering and construction of MusicONtrack.com and its features and upcoming features (messaging service, graphics, applications, and connections...etc..) are collected by MusicONtrack services for MusicONtrack.com the website.

TERMS OF USE AGREEMENT: Exploits the legal terms confined for the use of services in MusicONtrack. In this agreement, “you agree to” when using MusicONtrack services to follow and are now bound by this agreement, whether you are a MusicONtrack member (meaning that you have registered with MusicONtrack for their services) or whether you are a browser/viewer (meaning not registered and are just viewing the website and services). The terms “user” and “browser” refers to all but not limited to visitor or member. Once you have agreed to abide by all the application laws and services to this agreement you are authorized to be a user/browser on MusicONtrack.com. Once you have read and have complete understanding of the terms and conditions instructed in this agreement (and Saved) you may browse and use the services offered. If you do not completely agree with it, you should exit the MusicONtrack.com website and discontinue from using all MusicONtrack services immediately. If you wish to become a member and be able to communicate with other members with the use of any MusicONtrack services, by reading and proceeding throughout the site you indicate that you agree and will abide by the terms given.
This agreement includes the MusicONtrack policy for acceptance in the MusicONtrack.com services and the content (including communication) posted on the MusicONtrack.com website, obligations, restrictions, and your rights regarding your use of all MusicONtrack services and MusicONtrack.com’s privacy policy. In order to participate in particular MusicONtrack services, you may be notified (depending) that you are required to download software or content and/or agree to additional terms and conditions applicable to the MusicONtrack services in which again “You” choose to participate. Therefore those additional terms are hereby incorporated into this agreement. You may receive a copy of this agreement by emailing us at info@musicontrack.com

MusicONtrack.com may modify this agreement at times and will become effective upon posting these modifications by MusicONtrack.com on the MusicONtrack website. You agree and are bound to any changes to this agreement when you use the MusicONtrack services after any such changes and additional modifications are posted. Therefore it is important to review the terms and conditions from time to time (regularly) to ensure you are up to date as to any changes.
With ALL information posted on MusicONtrack.com be sure to choose carefully everything that you provide to other users. Your MusicONtrack profile (personal page) may not include: telephone numbers, street addresses, last names, and photographs containing nudity or lewd obscene, portrayed violence, harassing, sexually explicit material/content, racist, or any questionable or objectionable subject matter. But despite this prohibition, any information containing these characteristics by other MusicONtrack members (as far as but not restricted to their profile) may contain inaccurate, inappropriate with offensive gestures or (sexually) explicit material, products and/or services. MusicONtrack.com assumes NO responsibility or liability for this material. If you come into contact or are aware of any MusicONtrack.com prohibition to MusicONtrack services by any person please Email us at info@musicontrack.com (headline: inappropriate content)

MusicONtrack.com holds complete rights to suspend, reject, remove, terminate, post or remove posting (which includes private messages) in its entirety and sole discretion. At any time MusicONtrack services can access any part of the MusicONtrack.com website for any or no reason, with or without prior notice, and without liability.

1. Eligibility. By using (member or browsing) the MusicONtrack services you represent or warrant that:
-All information that is given is completely truthful and accurate.
-You are 16 years of age or older or have parents complete permission.
- Your use of MusicONtrack.com will not and does not violate any regulation or applicable law.
-While (agreeing to) maintaining the accuracy of any information.
*Your membership may be deleted and terminated without warning if there is belief that you are under the age of 16 and do not have parents complete permission*

2.Term. MusicONtrack.com use is void where prohibited. Agreement shall remain in full force and in effect while a member of MusicONtrack services. Your own right of termination may occur at any time, for any reason by following the cancelling member instructions. Even after termination of this agreement will remain in effect including “Sections 5-17".

3.Fees. With the understanding that MusicONtrack holds the rights to charge for any MusicONtrack services. Acknowledging its discretion to change its fees from time to time. If for any reason or no reason your membership has been terminated MusicONtrack.com reserves the right not to entitled a refund of any or any unused portion of subscription fees.

4.Password. During the initial process of signing-up to become a member of MusicONtrack.com you will be asked to choose a password. You are entirely responsible for the secret of your password. The confidentiality of your password is in your discretion. You agree not to disclose your account, username, or password to a third party or at any time to another member. You agree to notify MusicONtrack immediately if you suspect any unauthorized use of your account (username or password). You as a member hold complete responsibility for any and all use of your account.

5.Non-Commercial use by members. The MusicONtrack services are provided for the personal use of members only and may not be used with any connection of commercial endeavors EXCEPT those that are specifically endorsed or approved by MusicONtrack.com. Any form of solicitation, commercial advertisement, affiliate links and/or any other forms that are prohibited and unapproved may be removed at any time without notice and may result in termination of membership privileges. Therefore any unauthorized use and/or illegal collecting of username and/or email-addresses of members by electronic or other means for the purpose of sending or transferring unsolicited mail or unauthorized framing of or linking the MusicONtrack website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of MusicONtrack services.

6.Proprietary rights in content on MusicONtrack.com. MusicONtrack does not claim rights of any ownership in files, video, content, photos, sounds, musical works, labels, images, any works of authorship, or any other materials that you may post on MusicONtrack.com you retain and continue to reserve ownership after posting content and continue to have ownership of content with the use in any way you choose. By posting, displaying, or publishing any content on or through the MusicONtrack website you hereby grant to MusicONtrack.com a limited license to use, modify, publicly, perform, publicly display, reproduce, and distribute such content solely on and through the MusicONtrack website. In relation to this license without it MusicONtrack would be unable to provide the correct and more accurate MusicONtrack services. As an example without the right to modify member content and added features MusicONtrack.com would not be able to digitally compress artists music (members music) to satisfy technical requirements and the same to allow other users to listen and post featured members music on their personal page. The license you grant to MusicONtrack is non-exclusive which is freedom to licence your content to anyone in addition to MusicONtrack.com. It is fully paid and loyalty free which means MusicONtrack is not required to pay you for the content you choose to post on MusicONtrack.com. Also sub-licensable therefore MusicONtrack is able to use its affiliates and subcontractors such as internet content, delivery networks to provide featured MusicONtrack services, and includes worldwide because both the internet and MusicONtrack are within reach. This license will terminate once your membership is withdrawn from MusicONtrack.com. The license does not grant the right to sell your content, nor does the license grant MusicONtrack the right to distribute you content outside MusicONtrack.com
-you represent and warrant that: you own the content posted by you ( includes music and/or production) in MusicONtrack.com or otherwise set forth the license and the posting of content does not violate the privacy rights, publicity rights, publish rights, copyrights, contract rights, or any rights of any person posted on MusicOntrack.com. You agree to pay fee royalty and any other monies owing any person by reason of content posted by you to or through the MusicONtrack services.
-the MusicONtrack service contains “content” of MusicONtrack.com. MusicONtrack.com is protected in content by copyright, trademark, patient, trade secret, and other laws and MusicONtrack owns and retains all rights in the MusicONtrack content and MusicONtrack services. MusicONtrack.com hereby grants you a limited, non-sub-licensable, revocable license to display and reproduce the MusicONtrack.com (excluding any found software codes) strictly for your personal use in connection with viewing the MusicONtrack website and MusicONtrack services.
-the MusicONtrack services contain content users and other MusicONtrack licensors. Except for strictly content posted by you, you may not copy, translate, publish, modify, perform, display, sell, distribute, broadcast, or transmit any content what so ever appearing on or through the MusicONtrack website and MusicONtrack services.

Content Posted. Within judgement of MusicONtrack.com the service may delete any content that violates this agreement or which may find to be illegal or offensive. MusicONtrack.com assumes no responsibility for monitoring or surfing the MusicONtrack webpages for violations or inappropriate content or conduct. On the other hand if at any time MusicONtrack chooses to monitor within its own discretion it may do so. Never the less MusicONtrack holds no responsibility or obligation to view or remove inappropriate conduct or content of the user submitting any such content. You are responsible in the content chosen on your personal page and as well for posted or information transmitted to other members or other users. MusicONtrack.com does not endorse and has no responsibility or control over submitted and posted content. Reviewal of MusicONtrack.com posting is upon discretion and does not necessarily reflect the policies and opinions of MusicONtrack.com The transmitted material and information on MusicONtrack to other members is not express or implied or makes no warranties or liabilities of the content.

Content/Activity Prohibited. The following is illegal and prohibited content and reserves complete right to investigate and take the appropriate legal action for MusicONtrack services against anyone who violates this provision. Prohibited content includes but are not limited to MusicONtrack.com are:
-sexual explicit material, containing violence, nudity, offensive subject matter with links to adult websites.
-solicits any information in regards to anyone under the age of 18.
-Offensive and includes racism, hatred, physical harm, bigotry.
-Advocating harassment of another person.
-not linked or accessible page including restrictions or password only access, hidden blogs, or hidden pages and/or images.
-submission and transmission of “chain letters”, “junk mail” , instant messaging, spamming.
-promoting information you view as false, misleading, or illegal.
-activities or conduct that is abusive, threatening, harmful, or libelous.
-promotes copyright of another persons work; such as programs, music productions, songs, lyrics, or installed copy protected devices.
-any telephone numbers, physical addresses, last names , or URL’s
-Promoting criminal activity or gang related items and/or descriptions
-involves commercial activity and/or sales without prior written consent such as any but not limited to advertising and schemes
-photographs or music posted without consent of that person.
-sexually suggested imagery and/or battery.
-material not related to MusicONtrack.com such as fraud, trafficking, gambling, dealing, scheming, child pornography.
-advertising to sell or promote any materials not suggested and consent by the MusicONtrack services. Such as drugs, cars, or any illegal products.
-any harm or emails, bulk mail that causes a substantial amount of harm may cause a fee with full rights by this agreement to MusicONtrack services.
-selling or transferring profile.
-using MusicONtrack services in a manner not consistent with all applicable laws and regulation.
-attempting to impersonate another person or member.

Copyright Policy With no right you may not post, modify, transfer, produce, reproduce, in any way any copyrighted material, trademarks, and/or any other propriety information belonging to MusicONtrack services without prior written consent of the owner of such propriety rights. Infringement may cause without hesitation termination or privileges to any member.

Member Disputes MusicONtrack services hold complete rights in monitoring disputes between you and other members. You are completely responsible for your interactions with other MusicONtrack.com members.

Privacy. Incorporated into this agreement by reference is the use of MusicONtrack services which is also governed by our privacy policy.

Disclaimers. MusicONtrack.com is not responsible foe any inappropriate, inaccurate, or incorrect content posted whether caused with or by equipment or programming associated with MusicONtrack the website and MusicONtrack the service (with or utilized). Profiles, blogs, and links created and transmitted may contain links to other websites. MusicONtrack is not monitored for inaccuracy, inappropriate, or misconduct and MusicONtrack is not liable for this action. Any linked website from MusicONtrack services and website and not approved or endorsed by any means. When you access these third party sites you do so at your own risk. MusicONtrack.com takes no responsibility for the third party posted advertisements and also does not take responsibility for the goods and services provided by its advertisers on MusicONtrack.com. Whether online or offline MusicONtrack does not take any responsibility for any misconduct or conduct of any users of the MusicONtrack website. MusicONtrack.com assumes (including but not limited to) no responsibility of omission, failure, alterations, defect, default, delay , deletion , line failure, traffic congestion, construction, or reconstruction, malfunctions, ....etc....Under no circumstances shall MusicONtrack be liable or responsible for any personal injury, loss, death, or complications resulting from the attendances, events, or posting through and on MusicONtrack.com. (Whether online or offline). MusicONtrack.com does not imply or guarantee any specific results from the use of MusicONtrack services.(provided As-Is with a disclaimer any warranty of fitness/non-infringement)

Limitation on Liability. For any exemplary, incidental, indirect, consequential, special, or punitive damages, including misleading or loss of profit arising from your use of the services and in NO event shall MusicONtrack.com be liable to you or any third party, even if MusicONtrack has been advised of such damages. All include but not confined to a limitation of MusicONtrack.com liability to you for any situation or circumstances that occurs and will regardless of the situation be limited always to the amount paid (if any) to the duration (term) of membership.

U.S. Export Controls MusicONtrack services available software are in connection and are subject to the United States export controls. NO software may be downloaded, exported, or re-exported from the MusicONtrack services because of violation with the export laws. Using or downloading any software is at your own risk.

Disputes. In any manner in which a dispute about or involving the MusicONtrack.com services, you agree that the dispute shall be governed by the laws of the state of Florida, USA. You agree without regard to conflict of law provisions to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Florida, city of Fort Lauderdale. Any dispute between you and/or MusicONtrack.com about or involving the MusicONtrack services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Fort Lauderdale, Florida, USA. (Providing that the foregoing shall not prevent MusicONtrack from seeking injunctive relief in a court of competent jurisdiction)

Indemnity. Any third party due to or arising out of the use of MusicONtrack.com the website and/or website in violation of this agreement and/or arising from breach of this agreement (and/or breach of representatives and warranties set forth including posted content) through MusicONtrack services or on MusicONtrack the website causes MusicONtrack to be liable to another. You agree to indemnify and hold MusicONtrack.com agents, partners/partnerships, employees, subsidiaries, and affiliates, and their respective officers, harmless from any loss, demand, liability, claim, including attorney fees.

Other. The section titles in this agreement are for convenience only and have no legal contractual effect. This agreement is accepted by your use of MusicONtrack.com or any of the MusicONtrack services and is further affirmed by you becoming a member. This constitutes as an agreement (entire) between you and MusicONtrack.com regarding the use of MusicONtrack services. The failure to enforce or exercise any right or provision on MusicONtrack in this agreement shall not operate as a waiver of such right or provision. MusicONtrack.com is a trademark of MusicONtrack ,Inc. This agreement operates to the fullest extent permissible by law. If any provision in this agreement is unlawful, void, and unenforceable of any remaining provision.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF musicONtrack.com AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND musicONtrack.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND musicONtrack.com RELATING TO THE SUBJECT OF THIS AGREEMENT.

   

 

 
 
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