The information provided on the Site is not intended for distribution to or use by any person orentity in any jurisdiction or country where such distribution or use would be contrary to law orregulation or which would subject us to any registration requirement within such jurisdiction orcountry. Accordingly, those persons who choose to access the Site from other locations do so ontheir own initiative and are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 arenot permitted to use or register for the Site.
Provided that you are eligible to use the Site, you are granted a limited license to access and usethe Site and to download or print a copy of any portion of the Content to which you have properlygained access solely for your personal, non-commercial use. We reserve all rights not expresslygranted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current or future use of the Site(or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential andwill be responsible for all use of your account and password. We reserve the right to remove,reclaim, or change a username you select if we determine, in our sole discretion, that suchusername is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Siteavailable. The Site may not be used in connection with any commercial endeavors except thosethat are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site may invite you to chat, contribute to, or participate in blogs, message boards, onlineforums, and other functionality, and may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content and materials to us or on theSite, including but not limited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material (collectively, "Contributions"). Contributionsmay be viewable by other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential and non-proprietary. When youcreate or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Site or making Contributions accessible to theSite by linking your account from the Site to any of your social networking accounts, youautomatically grant, and you represent and warrant that you have the right to grant, to us anunrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,transmit, excerpt (in whole or in part), and distribute such Contributions (including, withoutlimitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and toprepare derivative works of, or incorporate into other works, such Contributions, and grant andauthorize sublicenses of the foregoing. The use and distribution may occur in any media formatsand through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, andincludes our use of your name, company name, and franchise name, as applicable, and any ofthe trademarks, service marks, trade names, logos, and personal and commercial images youprovide. You waive all moral rights in your Contributions, and you warrant that moral rights havenot otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in your Contributionsprovided by you in any area on the Site. You are solely responsible for your Contributions to theSite and you expressly agree to exonerate us from any and all responsibility and to refrain fromany legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in more appropriate locationson the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason,without notice. We have no obligation to monitor your Contributions.
As part of the functionality of the Site, you may link your account with online accounts you havewith third-party service providers (each such account, a “Third-Party Account”) by either: (1)providing your Third-Party Account login information through the Site; or (2) allowing us to accessyour Third-Party Account, as is permitted under the applicable terms and conditions that governyour use of each Third-Party Account. You represent and warrant that you are entitled to discloseyour Third-Party Account login information to us and/or grant us access to your Third-PartyAccount, without breach by you of any of the terms and conditions that govern your use of theapplicable Third-Party Account, and without obligating us to pay any fees or making us subject toany usage limitations imposed by the third-party service provider of the Third-Party Account. Bygranting us access to any Third-Party Accounts, you understand that (1) we may access, makeavailable, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site viayour account, including without limitation any friend lists and (2) we may submit to and receivefrom your Third-Party Account additional information to the extent you are notified when you linkyour account with the Third-Party Account. Depending on the Third-Party Accounts you chooseand subject to the privacy settings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts may be available on andthrough your account on the Site. Please note that if a Third-Party Account or associated servicebecomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through theSite. You will have the ability to disable the connection between your account on the Site and yourThird-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THETHIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTYACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTYSERVICE PROVIDERS. We make no effort to review any Social Network Content for anypurpose, including but not limited to, for accuracy, legality, or non-infringement, and we are notresponsible for any Social Network Content. You acknowledge and agree that we may accessyour email address book associated with a Third-Party Account and your contacts list stored onyour mobile device or tablet computer solely for purposes of identifying and informing you of thosecontacts who have also registered to use the Site. You can deactivate the connection betweenthe Site and your Third-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete any information stored onour servers that was obtained through such Third-Party Account, except the username and profilepicture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, orother information regarding the Site ("Submissions") provided by you to us are non-confidentialand shall become our sole property. We shall own exclusive rights, including all intellectualproperty rights, and shall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged or actualinfringement or misappropriation of any proprietary right in your Submissions.
We respect the intellectual property rights of others. If you believe that any material available onor through the Site infringes upon any copyright you own or control, please immediately notify ususing the contact information provided below (a “Notification”). A copy of your Notification will besent to the person who posted or stored the material addressed in the Notification. Please beadvised that pursuant to federal law you may be held liable for damages if you make materialmisrepresentations in a Notification. Thus, if you are not sure that material located on or linked toby the Site infringes your copyright, you should consider first contacting an attorney.
If we terminate or suspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation to update anyinformation on our Site. We also reserve the right to modify or discontinue all or part of the Sitewithout notice at any time. We will not be liable to you or any third party for any modification, pricechange, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (exceptthose Disputes expressly excluded below) will be finally and exclusively resolved by bindingarbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THERIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced andconducted under the Commercial Arbitration Rules of the American Arbitration Association("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer RelatedDisputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.Your arbitration fees and your share of arbitrator compensation shall be governed by the AAAConsumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs aredetermined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. Thearbitration may be conducted in person, through the submission of documents, by phone, oronline. The arbitrator will make a decision in writing, but need not provide a statement of reasonsunless requested by either Party. The arbitrator must follow applicable law, and any award maybe challenged if the arbitrator fails to do so. Except where otherwise required by the applicableAAA rules or applicable law, the arbitration will take place in Davidson County, Tennessee. Exceptas otherwise provided herein, the Parties may litigate in court to compel arbitration, stayproceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the awardentered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commencedmore than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion ofthis provision found to be illegal or unenforceable and such Dispute shall be decided by a courtof competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree tosubmit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall be joined with any otherproceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-actionbasis or to utilize class action procedures; and (c) there is no right or authority for any Dispute tobe brought in a purported representative capacity on behalf of the general public or any otherpersons.
The Parties agree that the following Disputes are not subject to the above provisions concerninginformal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute relatedto, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neitherParty will elect to arbitrate any Dispute falling within that portion of this provision found to be illegalor unenforceable and such Dispute shall be decided by a court of competent jurisdiction withinthe courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdictionof that court.
There may be information on the Site that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various other information. We reservethe right to correct any errors, inaccuracies, or omissions and to change or update the informationon the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOURUSE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLESTEXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’SCONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, ORTHE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRDPARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS ORFOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WEDO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THESITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATIONFEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTYTO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTIONWHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TOYOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OFTHE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITYTO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site. Although we performregular routine backups of data, you are solely responsible for all data that you transmit or thatrelates to any activity you have undertaken using the Site. You agree that we shall have no liabilityto you for any loss or corruption of any such data, and you hereby waive any right of action againstus arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication be in writing. YOUHEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules, ordinances, orother laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronicmeans.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint AssistanceUnit of the Division of Consumer Services of the California Department of Consumer Affairs inwriting at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at(800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding useof the Site, please contact us at:C# Music Application Development LLC