Terms and Conditions of Use
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and MusicSUBMIT regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to MusicSUBMIT.
By using our Site, you agree to these Terms and Conditions.
We have organized the elements of our Terms and Conditions in sections. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking on the following link: contact us.
2. Registration for Certain Users
When you register at our Site, you will create a "user id" and a "password," providing you access to associated services and materials. When you re-visit our Site, this user id and password will provide this same access to you. If you become a registered user of our Site, you agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our "Edit Profile" page on our Site. You agree to be responsible for, and to release, indemnify and hold MusicSUBMIT, and its officers, directors, employees, agents, licensors, and suppliers, harmless from, any unauthorized use of your login name or password.
3. Certain Fees for Registered Users
If you become a registered user, certain portions of your use of and access to the Site may be subject to payment of certain fee(s) to us. We offer different subscription packages for different fees as identified on our Site.
4. Ownership Of Site Contents
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by MusicSUBMIT (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by MusicSUBMIT.
The phrase "MusicSUBMIT" is a federally registered trademark owned by MusicSUBMIT. Other trade names and trademarks present on the Site either are owned by MusicSUBMIT, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, MusicSUBMIT does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and MusicSUBMIT hereby expressly disclaims any such affiliation or endorsement.
5. Downloading and Use of Site Contents
The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about bands, musicians other materials relating to the music industry to the users of our Site (collectively, "Permitted Uses"). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.
6. User Comments and Submissions
With respect to any photographs, video clips or sound clips you may provide to MusicSUBMIT for posting on your online press kit (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to MusicSUBMIT a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions SOLELY IN CONNECTION WITH THE SITE.
MusicSUBMIT does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments. MusicSUBMIT has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as MusicSUBMIT shall have no obligation to return any Comments to you.
7. Prohibited Uses
You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.
8. Complaints Over Perceived Infringement
MusicSUBMIT respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, MusicSUBMIT will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems. If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.
8.1. MusicSUBMIT Designated Agent
If you believe materials posted on our Site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. Â§512) to respond to such concerns (our "Designated Agent"):
26 W. 90th St., Suite 2
New York, NY 10024
Attention: Michael Corcoran
8.2. Content of Notice
You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work, which you believe is being infringed;
(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.
8.3. Our Response; Counter-Notifications
Upon receipt of a proper notice in the form specified above (a "Notice"), we will remove or disable access to the materials on our site which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a "counter-notification." Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.
9. Links To Other Web Sites And Services
MusicSUBMIT does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. MusicSUBMIT does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of MusicSUBMIT is used as part of the link to this Site.
10. Gift Certificates and Site Credit
Gift certificates issued by MusicSUBMIT and unused portions of such gift certificates are valid for a full seven years from the date of original issuance except as prohibited by law. MusicSUBMIT does not deduct or otherwise charge any service or dormancy fees during the seven year life of the gift certificate. At the conclusion of the seven year period, the gift certificate expires except as prohibited by law.
Gift certificates must be redeemed through the MusicSUBMIT.com website toward the purchase of subscriptions and services available and listed thereon.
Gift certificates are not redeemable for cash and cannot be returned for a cash refund unless and until 90% of the original value of the gift certificate has already been redeemed for subscriptions or services on the MusicSUBMIT.com website.
MusicSUBMIT is not responsible for lost or stolen gift certificates. MusicSUBMIT will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the MusicSUBMIT.com website or is redeemed and used to make purchases on the MusicSUBMIT.com website.
All sales transacted through the MusicSUBMIT.com website are final. In the event that MusicSUBMIT decides that a refund may be available in their sole discretion, the form of such refund is also within the sole discretion of MusicSUBMIT.
MusicSUBMIT and its affiliates make no warranties, express or implied, with respect to gift certificates and services offered, including without limitation, any express or implied warranty of or fitness for a particular purpose. MusicSUBMIT makes no representations of any kind, express or implied, as to the operation of this website, any third-party website or any third-party services accessed through this website, or any of the materials incorporated therein. 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 may not apply and you might have additional rights.
This website is controlled by MusicSUBMIT.com in the Commonwealth of Florida. These terms and conditions will be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Florida. If any term or condition hereof is finally determined invalid, illegal or unenforceable by a court of competent jurisdiction, such other terms or conditions will remain in full force and effect.
MusicSUBMIT.com and MusicSUBMIT are terms used interchangeably throughout this website. MusicSUBMIT reserves the right to change these terms and conditions from time to time in its sole discretion.
11. Disclaimer of Warranties
While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. MusicSUBMIT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.
Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether musicians contacted through the Site will show at any such events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
12. Limitation of Liability
NEITHER MusicSUBMIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR: " ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL; " ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR " ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
13. Choice of Law and Jurisdiction
MusicSUBMIT makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.
In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.
You agree to indemnify MusicSUBMIT, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.
17. Access Privileges
MusicSUBMIT may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.
20. Complete Agreement
21. Your Consent
By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.
22. Contact Us
You may contact us, for any reason, by e-mail as follows:
You may contact us by mail as follows:
26 W. 90th St., Suite 2
NY, NY 10024