Effective Date: October 1, 2013
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. The Organization may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Organization in its sole discretion) an unreasonable or disproportionately large load on Organization’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Organization's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.
As a condition to using certain features of the Service you will be required to provide certain personal information, such as your e-mail address, country of residence and zip/postal code ("User Information"), in order to join any relevant mailing lists. As a condition to each bands’ or charities’ right to receive such User Information, the Organization requires each band and charity to agree to the terms set forth in the section below of this Agreement. However, you acknowledge that the Organization has no control over the use of the User Information by the bands and charities, and you further acknowledge and agree that UseMusic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the bands' or charities’ use of such User Information.
In connection with certain features of the Service, including fans choosing to provide you with their e-mail addresses and other personal information, you, an individual recording artist or a collection of recording artists (a “Band”), or you, a qualified charitable organization approved under the rules of the Internal Revenue Service (a “Charity) may collect certain types of User Information. As a condition to receiving such User Information, you acknowledge and agree that you will not disclose, rent, or sell any User Information to any third party, and you will use the User Information only in connection with the Band’s or Charity’s mailing list, in order to provide user with general information and news about the Band or Charity, such as upcoming shows or new fundraising campaigns. You further agree that any e-mail sent to the Band or Charity mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism).
You may purchase music from a band through the Website (each such purchase is a “Transaction”). All Transactions will be deemed final at the time of purchase. The Organization is not responsible for refunds for Transactions.
You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested music and any additional charitable contribution.
The price to be charged for each song on the site is static ($1), but additional funds may be pledged by the user when purchasing a song. UseMusic may redistribute previously purchased copies of your music to users, including but not limited to, those who have, in UseMusic’s sole determination, received a corrupted copy of your product, an incorrect file format version of your product or an incomplete copy of your product, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Consequently, no additional payments shall be made to your Charity for such redistributions.
The Organization shall be entitled to a share of the revenue you generate from Transactions, which shall be equal to the cost of processing each credit card payments. The Organization shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), disputed payments and/or refunds.
Payments received from Users for Transactions, less credit card processing costs, shall be directed to your Charity at the end of each month your song is being sold on the Website. The Organization retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Website or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Website, or for any other reason in the sole and absolute discretion of the Organization, and to correct any inaccurate listing or technical problems on the Website.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under the Organization’s control, and you acknowledge that the Organization is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by the Organization or any association with its operators. You further acknowledge and agree that the Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by the Organization or its partners and that such Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
The Organization grants each User, Band and Charity of the Website and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Organization, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The Service provides Bands with the ability to upload the Band’s sound recording(s) (“Sound Recordings”) and the musical works (“Musical Works”) embodied therein (collectively, the Band’s “Music”) to the Website. The Organization will not have any ownership rights in any elements of a Band’s Music, however, the Organization needs the following license to perform the Service. Each Band uploading Music to the Service grants the Organization and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform, publicly display, create derivate works of, communicate to the public and otherwise exploit (collectively, “Exploit”) the Band’s Music and perform the Service on the Band’s behalf (e.g., reproduce, transcode, copy and store the Band’s Music on computer servers owned and/or operated by or on behalf of the Organization or its authorized sublicensees and distributors, and publicly perform, transmit, stream, distribute, and playback the Band’s Music) using any technologies or methodologies now known or hereafter developed; (ii) allow users of the Service to receive public performances and public displays of the Band’s Music and to reproduce the Band’s Music on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Band, in connection with the provision of the Service.
To enable the Organization to Exploit your Music pursuant to the above provisions, you hereby grant to the Organization the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
By uploading any Music to the Site:
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting the Organization the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding Organization harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
The Organization has no special relationship with or fiduciary duty to you. You acknowledge that the Organization has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Organization from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Website, and the Organization will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Service.
The Service is provided "as is" and "as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Organization, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18USC 2701-2711): Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any other site linked to the UseMusic Website. The Organization will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential information, or any other Content stored on Organization’s equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service.
In no event shall the Organization, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Because the Organization is not the buyer or seller in any Transaction, if a dispute arises between one or more participants in a Transaction, you release the Organization (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Because the Organization is not the buyer or seller in any actual Transaction between bands and fans and is not the agent of either for any purpose, the Organization does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction.
Organization makes no representation that the Content is appropriate or available for use in your location, and accessing the Service is prohibited from territories where such Content is illegal. Accessing the Service from your location, you do so at your own initiative and are responsible for compliance with local laws.
You may contact the Organization at the following address: firstname.lastname@example.org.