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August, 28 2008
 
   
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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.

By becoming a member and/or browser you have agreed to the all of the provisions contained above.

MUSICONTRACK ECOMMERCE AGREEMENT TERMS AND CONDITIONS

1. Description of Services:

Music ON track Inc. is a contributor of music related services.  These services are provided to Clients aspiring to sell products via the Internet or World Wide Web.  A Client hereby appoints Music ON Track Inc. as the Online Merchant of Client's goods as provided under this Agreement.  Clients may use the service to allow Customers to purchase Client's products from Music ON Track Inc using any major credit card.
 
Music ON Track Inc. accepts three types of credit cards: Visa, MasterCard, and American Express. All charges are billed to Customer credit cards by "Music ON Track Inc.".

The following terms are defined for use in this Agreement:
"Client Product" means any Soft Good or Hard Good that originated from Client.

"Client Web Site" means one or more interactive Internet World Wide Web sites maintained by Client for the purpose of displaying and offering products for sale to Customers.

"Customer" means any person desiring to make a purchase of a Client Product.

" Music ON Track Inc." and "Company" refer to Music ON Track Inc.
"Hard Good" means a tangible product that is manufactured or distributed by Client.
"Soft Good" means an intangible product that can be downloaded via the Internet.
"Customer Charge" means the Product Price plus Shipping Charge (if applicable) to be charged to the Customer's credit card account for the purchase of Client's product(s).

"Delivery" means (a) for hard goods, the placing of Product(s) with a common carrier such as the United States Postal Service, United Parcel Service, or Federal Express etc., shipping charges prepaid, with instructions to deliver the Product(s) to the Customer (b) for soft goods the digital transaction from servers operated by Music ON Track Inc. to the Customer's computer.
 
2. Standard Sales Commission:

(a) Hard goods: MusicONtrack currently is not selling this product/service. Music ON Track Inc.'s is providing e-commerce for Client at no-commission. At the purchasers request (beatmasters@musicontrack.com) any Hard Good(s) (through the Beat Masters Service) can be delivered with minor stipulations; please contact for additional details. This fee applies only to the service for the sale of hard goods (e.g. physical CDs). Please see below for soft goods (i.e. digital MP3 store). 
(b) Soft goods (also known as "Digital MP3 File"): Music ON Track Inc. provides this service free of recurring charges and fees. Music ON Track Inc. applies a sales commission to every purchase of soft goods. The sales commission will be the charge to the customer less the payment to the Client as described in 'Payment from Music ON Track Inc. to Client'.
 
3. Payment from Music ON Track Inc. to Client
Payout Table (click for window)

Music ON Track Inc. agrees to pay Client for all products re-sold by Music ON Track Inc. as described hereinafter. In this regard, Music ON Track Inc. will cause the Customer Charges associated with each order to be charged to the Customer's credit card after order placement by the Customer, and Music ON Track Inc. shall pay the Client out of the proceeds received from the credit card provider after delivery of the products.
 
Music ON Track Inc. will deliver its payments to Client as promptly after these dates as is practicable. The payment due the Client is (a) for soft goods according to the current payout table (b) for hard goods equal to the sum of all Customer Charges for products that have been delivered within the specified time period (contact beatmasters@musicontrack.com for further information). For (a) and (b). Music ON Track Inc deducts from any payment
(i) the sum of all Customer Charges denied, refused, or charged back by the Customer or the credit card service provider during the period
(ii) all inquiries, disputes, and refunds processed on account of Client's Customer Charges during the period,
(iii) all taxes, penalties, charges and other items reimbursable under Sections 6, 8, and 10 of this Agreement or otherwise occurring during the period
(iiii) service charges by Music ON Track Inc. for any service related to inquiries, disputes, charge backs and refunds.
 
4. Client's Cancellation

(a) Hard goods: The Client may at any time cancel this Agreement with notice to Music ON Track Inc. Music ON Track Inc. will terminate this Agreement and will no longer sell Client's products to Customers after cancellation notice is received and processed. Any payments due to the Client for Orders sent prior to cancellation will be paid as described in the Payment description. The Client is further obligated to honor any outstanding Customer Orders submitted prior to the cancellation. Client will not be reimbursed for already paid quarter, see 'Standard Sales Commission'.
(b) Soft goods: The Client may remove his product(s) at any time. Any payments due to the Client for Orders sent prior to cancellation will be paid as described in the Payment description.
 
5. General Terms and Conditions.

a) Losses.
Client shall indemnify and hold Music ON Track Inc. harmless from all claims, expenses, and losses occurring for any reason in connection with the sale of Client Product(s) to Customers by Music ON Track Inc., specifically including, without limitation, the costs and expenses of:
(i) Customer refunds and/or returns and Charge Backs;
(ii) Warranty and/or service claims of Customers arising out of express or implied representations of Client or by operation of law, regulation, or trade custom; or
(iii) Claims and losses as a consequence of damage or misdirection in shipping products to Customers.  In this regard, Client is responsible for declaring a value with the shipper or obtaining insurance sufficient to permit Client to recover the value of items lost, destroyed, or damaged during shipment.

b) Transaction Limits.
Music ON Track Inc. reserves the right to impose limits on sales of products in its sole discretion and to refuse to process transactions to specific Customers for any reason.  Specifically, Music ON Track Inc. may limit or confine sales to a minimum or maximum Product Price, inflict limits on the amount or number of purchases which may be charged to an individual credit card account during any time period, or refuse to accept orders from Customers with a prior history of questionable charges. Music ON Track Inc. may inflict Transaction Limits or Reserve Amounts on specific client accounts, either temporarily or permanently, which are more restrictive than limits placed on other clients in order to reduce Music ON Track Inc.'s reasonable trepidation of risk of loss under varying circumstances. Music ON Track Inc. is in no way responsible for any losses sustained by Client, including claims for lost profits, on account of the imposition of Transaction Limits or Reserve Amounts for any reason.

c) Refund and Return Policy.
Client will accept returns of products (when deemed appropriate), and will agree to refunds for Customers who initiate an inquiry or complaint either with Music ON Track Inc. or with their credit card issuer. Music ON Track Inc. will use its best efforts to resolve customer inquiries and complaints in a manner that is acceptable to both Customers and Clients; however, Music ON Track Inc. reserves the right to issue a refund without the knowledge or consent of Client in any case that it deems appropriate.  Notwithstanding anything to the contrary contained herein, Music ON Track Inc. will provide a refund without penalty to any Customer who returns the products to Client or Music ON Track Inc (which ever deems appropriate) within thirty (30) day from the date of delivery (On Hard Goods Only). Note: there are only hard goods issued from Music ON Track Inc (Mix-Down version of Beats) at this point. Soft Goods will only offer refunds if the soft good received is not as described, Nonetheless there is a thirty (30) day grace period where the appropriate soft good may be delivered.

e) Customer Support.
Client shall at all times have the ability to respond promptly to inquiries from Music ON Track Inc. on behalf of Customers, and shall endeavor to resolve disputes with Customers good-naturedly.  The incidence of complaints from customers and/or inquiries or charge backs regarding Client's merchandise may be cause for termination of this Agreement if such events occur with unacceptable frequency as determined in the sole discretion of Music ON Track Inc.  In addition, Music ON Track Inc. reserves the right to charge Client reasonable fees and recover its expenses on account of excessive customer inquiries, refunds, or charge backs.  Prior to imposing such fees and attempting to recover its costs, Music ON Track Inc. shall notify Client of the details and nature of the problems and attempt to find mutually acceptable solutions. If Music ON Track Inc. and Client are unable to achieve mutually acceptable solutions, Client shall have the option of continuing this Agreement subject to the additional fees and costs imposed by Music ON Track Inc. or of terminating this Agreement.
 
6. Regulation Agreement

Client represents and warrants that it is legally authorized and has obtained all necessary regulatory approvals and certificates to sell any product it intends to offer. Client further represents that it will conform to any and all laws, rules, regulations, requirements and/or other standards that are established by the Federal Trade Commission, state and local consumer protection agencies, and credit card governing agencies regarding the sale of products over the Internet or in situations where the card is not present.
 
7. Taxes

Each party agrees to report and pay its own taxes imposed on its income by any jurisdiction, such as state and federal income taxes.  Should Music ON Track Inc. be required to pay any such taxes on the income of Client, the amount of such taxes and all related interest, fines, or penalties shall become immediately due and payable to Music ON Track Inc. pursuant to Section 10.

Further, the parties agree that if additional taxes in the nature of an excise, sales or use tax are imposed in connection with Music ON Track Inc.'s services on behalf of Client, the burden of such taxes shall be the Client's responsibility. Music ON Track Inc. shall have the right to collect and pay over taxes in the nature of an excise, sales, or use tax on behalf of Client or on account of its own sales of products if reasonably required to do so by a taxing authority of competent jurisdiction and shall further have the right to recover from Client under Section 10 of this Agreement the amount of any such taxes and related penalties and interest which are paid by Music ON Track Inc. with its own funds.
 
8. Limitations of Liability for the Music ON Track Inc. service

Music ON Track Inc. assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Music ON Track Inc. shall not be responsible for consequential damages or punitive or exemplary damages under any circumstances.  In no case shall Client be entitled to recover damages from Music ON Track Inc. which exceed the sum of the amounts of sales commissions and service fees retained by Music ON Track Inc. under this Agreement during the six months prior to event giving rise to the claim for damages.
 
9. Indemnification

Client is fully responsible for the content of its Web site and for the advertising and promotion of all of Client's products.  Client certifies and represents to Music ON Track Inc. that it is the owner or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music or other intellectual property which either forms a part of its Web site, which is provided by Client to Customers, or which is used by Client in its advertising and promotion and to sell and deliver products to Customers.

Client agrees to indemnify and hold harmless Music ON Track Inc., its employees, officers, agents, and directors from any and all fines, penalties, losses, claims, expenses (including attorney's fees), or other liabilities resulting from or in connection with this Agreement. Music ON Track Inc. assumes no liability of the Client for failure to follow this Service Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
 
10. Term

The term of this Agreement shall continue until a notice of cancellation by Music ON Track Inc. or Client is given, or until terminated under other provisions of this Agreement. Music ON Track Inc. reserves the right to terminate this Agreement without cause. Music ON Track Inc. may further terminate this Agreement immediately without notice at any time if the Client breaches any part of this Agreement, or if any program or facility used by Music ON Track Inc. to implement this Agreement is disrupted or terminated for any reason. Music ON Track Inc. reserves the right to decline any Client, remove the Client's account or provide only partial service for the Client's account without cause.
 
11. Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Music ON Track Inc. shall be entitled to damages, costs and attorney's fees from the Client.
 
12. Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this Agreement shall be construed in all respects as if such invalid or non-enforceable provision were omitted.
 
13. Choice of Law/Venue

This Agreement shall be construed and enforced in accordance with the laws of the State of Florida and the venue for any action, dispute or proceeding with respect to this Agreement shall be Fort Lauderdale, Florida.
 
14. Captions

The captions in this Agreement are for convenience only and shall not be used in interpreting, construing, performing or enforcing this Agreement.
 
15. Age requirements for use of the Service

This Service is available for individuals aged 13 years or older. If the Client is 13 or older but under the age of 18, the Client should review these terms and conditions with its parent or guardian to make sure that the Client and its parent or guardian understand these terms and conditions.
 
16. Amendments and Modifications

Music ON Track Inc. may make amendments or modifications to this Agreement from time to time.  Whenever practical, Music ON Track Inc. will give Client advance notice of the changes to this Agreement.
All material on this site is protected by copyright law and by international treaties. You may download this material and make a reasonable number of copies of this material only for your own personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, or create derivative works of this material, unless authorized by the appropriate copyright owner(s).

 

 
 
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