MusicSUBMIT.com LLC ("MusicSUBMIT") has created
this web site to provide an online platform for musicians and
music resources.
To assist you in using our www.MusicSUBMIT.com web
site (the "Web Site" or the "Site"), and to ensure a clear understanding
of the relationship arising from your use of our Site, we have
created a Privacy Policy and a set of Terms and Conditions of Use.
Our Privacy
Policy explains how we protect and treat contact and other
information you provide to us through the Site, and our Terms and
Conditions of Use govern your use of our Site generally. Please
read our Privacy Policy and our Terms and Conditions of Use carefully
- they impose legal obligations on you. By using or accessing our
Site, you are acknowledging that you have read and understood these
terms and agree to be legally bound by them.
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.
1. Overview
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
To obtain access to certain account materials and information from
our Site, we ask that you become a registered user. Our registration
forms will specify the information which you must provide in order
to enjoy the particular feature, and the information which you
may, at your option, choose to provide or withhold. In connection
with registering at our Site, you agree to provide us with accurate,
complete, and updated information required by the registration
form ("About you"), including, without limitation, your legal name,
address, telephone number(s), applicable payment data (e.g., credit
card number and expiration date) and such other information that
may be required by such forms. Information provided to us by you
in connection with registering at our Site will be protected by
us in accordance with the terms of our Privacy Policy.
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. << CAN WE SAY
THIS ANYWAY??
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.
Without limiting any of the foregoing, you furthermore agree that
MusicSUBMIT may use or disclose information about you and your
use of the Site in accordance with our Privacy Policy. With respect
to any information relating to other users of the Site to which
you may be permitted access through the Site, you agree that you
may use such information only in connection with activities related
to the purpose of the Site, which activities, without limitation,
shall not include (i) the sending of unsolicited communications
of a commercial nature; (ii) the sending of any other communications
after receiving notification that the recipient no longer wishes
to receive communications from you; or (iii) the sale or rental
of such personal information to any other parties.
7. Prohibited Uses
In addition to other prohibited uses specified in these Terms and
Conditions, you are expressly prohibited from using our Site to
post or transmit any advertising, "spam," threatening, defamatory,
profane, obscene, scandalous, or inflammatory material, or any
material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. MusicSUBMIT disclaims all responsibility
or liability arising from the content of any such postings, and
assumes no responsibility for any error, omission, defamation,
falsehood, profanity, obscenity, or threat contained in any information
posted on the Site or transmitted through the Site. As provided
in our Privacy Policy, MusicSUBMIT will comply with court orders
directing MusicSUBMIT to disclose the identity of users posting
such information or materials, or otherwise directing compliance
by MusicSUBMIT.
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. §512)
to respond to such concerns (our "Designated Agent"):
e-mail: support@musicsubmit.com
MusicSUBMIT Corporation
650 Pennsylvania Ave #25
Miami Beach, FL 33139
Attention: Michael Corcorin
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
This Site is controlled and operated by MusicSUBMIT from its
location in Miami, Florida. These Terms of Use, and our Privacy
Policy, shall be construed in accordance with the laws of the
Commonwealth of Florida, without regard to any conflict of law
provisions. Any dispute arising under this Agreement shall be
resolved exclusively by the state or federal courts sitting in
Miami-Dade County, Florida.
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.
14. Modifications
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.
15. Assignment
MusicSUBMIT may wish at some point to assign or transfer its rights
in this Web Site to a third party. You agree that MusicSUBMIT may
transfer or assign to a third party all of its rights and obligations
with respect to you, including any rights and obligations with
respect to your Personally Identifiable Information, on the condition
that such third party agree to abide by MusicSUBMIT then-applicable
Privacy Policy.
16. Indemnities
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.
18. Severability
If any provision of these Terms and Conditions or our Privacy
Policy is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms and Conditions or the
Privacy Policy, which shall remain in full force and effect. No
waiver of any provision of these Terms and Conditions or the Privacy
Policy shall be deemed a further or continuing waiver of such provision.
19. Survival
Without limiting any other provisions of these Terms and Conditions
or the Privacy Policy, (a) your indemnification obligations under
Section 2 (Registration for Certain Users) and Sections 3 (Certain
Fees for Registered Users), 4 (Ownership of Site Contents), 6 (User
Comments and Submissions), 10 (Disclaimer of Warranties), 11 (Limitation
of Liability), 12 (Choice of Law and Jurisdiction), 14 (Assignment),
15 (Indemnities), 17 (Severability) and 19 (Complete Agreement)
of these Terms of Use; and (b) Section 6.6 (Relationship to Terms
of Use) of the Privacy Policy, shall survive any termination of
these Terms of Use and/or the Privacy Policy.
20. Complete Agreement
In addition to these Terms and Conditions (and Subscription Agreement,
if any), your use of our Site is also subject to our Privacy Policy.
Together with our Privacy Policy, these Terms and Conditions (and
Subscription Agreement, if any) constitute the entire agreement
between you and MusicSUBMIT with respect to use of the Site and
supercede any and all prior representations and agreements, oral
or written, relating to the subject matter hereof.
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: support@MusicSUBMIT.com
You may contact us by mail as follows:
MusicSUBMIT Corporation
650 Pennsylvania Ave #25
Miami Beach, FL 33139
