Term of Conditions
Music vs MusicŪ


Term of Conditions:
General Terms and Conditions of Use
Welcome to Music vs Music.com, produced by Our Community Association. Music vs Music.com is a music-promoter and information website that provides a service to musical artists and their fans ( groupies, fans ) to post information regarding themselves as well as musical content owned and/or created by them also through musical challenges that bring them to compare. Unless explicitly stated otherwise, any current, updated and new products and services including the addition of new properties shall be subject to these General Terms and Conditions of Use. By using Music vs Music.com you agree to be bound by these Terms and Conditions, Because the Terms and Conditions contain legal obligations, please read them carefully.
1. ACCEPTANCE
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Music vs Music.com or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Our Community Association may terminate your access to the Music vs Music.com or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Our Community Association. Any such termination shall be in Our Community Association's sole discretion and may occur without prior notice, or any notice. Our Community Association further reserves the right to terminate any user's access to Music vs Music.com or to any of the Products and Services for any conduct that Our Community Association, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Our Community Association or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Our Community Association further reserves the right to terminate any user's access to Music vs Music.com or to any of the Products and Services for any reason or for no reason at all, in Our Community Association's sole discretion, without prior notice, or any notice. In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.Music vs Music.com.com. Where there is mature or adult content on Music vs Music.com, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content.Our Community Association does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Our Community Association registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Our Community Association has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Our Community Association has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All Our Community Association registrations become the exclusive property of Our Community Association and the Our Community Association Companies. Our Community Association reserves the right to use and reuse all registration and other personally identifiable user information subject to Our Community Association's Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Music vs Music.com's Privacy Policy. You acknowledge receipt of Music vs Music.com's Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on Music vs Music.com.
3.bis PERMISSIONS
permissions to use material (video, photos, mp3, music, descriptions)loaded, uploaded, or exposed on Music vs Music.com to promote only OurCommunity or his Services (Music vs Music.com)
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for:
(1) the online conduct of such minor;
(2) controlling the minor's access to and use of the Products and Services; and
(3) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF Music vs Music.com MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. LISTENER AND USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Our Community Association, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Our Community Association does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Music vs Music.com at your sole risk. Under no circumstances will Our Community Association be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Our Community Association does not pre-screen user or third party Content posted on Music vs Music.com, although Our Community Association reserves the right to do so. Our Community Association does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Our Community Association reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Our Community Association. The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. Prohibited Conduct You agree that you will not use Our Community Association's Products and Services to:
1.
Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2.
Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3.
Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4.
Harm minors in any other way.
5.
Make any sexual request on behalf of a minor or make any sexual request of a minor.
6.
"Stalk" or otherwise harass another.
7.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
8.
Impersonate any person or entity, including, but not limited to, a Our Community Association official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
10.
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11.
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
12.
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1.
Making available copyrighted software or other Content that has had the copyright protection removed.
2.
Making available serial numbers for software that can be used to illegally validate or register software.
3.
Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
4.
Making available any software files for which the user does not own the copyright or have the legal right to make available.
13.
Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
14.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Music vs Music.com.
15.
Use automated means, including additional computers, software and scripts, to enhance play in Our Community Association promotions, increase the number of plays of songs of any particular artist on Music vs Music.com or increase traffic to the Music vs Music.com artist site of any particular artist.
16.
Use automated means, including spiders, robots, crawlers, or the like to download data from any Our Community Association Network database.
17.
Conduct your own contests and promotions.
18.
Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
19.
Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Our Community Association database, including, without limitation, by incorporating data from any Our Community Association database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
20.
Sell, distribute, or make any commercial use of data obtained from any Our Community Association database or make any other use of data from any Our Community Association database in a manner which could be expected to offend the person for whom the data is relevant.
21.
Create and maintain a Music vs Music.com artist site that
(1) redirects to another web page or
(2) stores or hosts content for remote loading by other web pages. For example, you cannot create a Music vs Music.com artist site, post pictures to the Music vs Music.com artist site, and have other web pages call the Music vs Music.com artist site to retrieve those pictures.
22.
Create and maintain a Music vs Music.com artist site that contains hyperlinks to content not permitted on Music vs Music.com.
23.
Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
24.
Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
26.
Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
27.
Disobey any Our Community Association employee or representative or interfere with any action by any Our Community Association employee or representative to redress any violation of these Terms and Conditions.
28.
Access the Products and Services after your account or access has been terminated by Our Community Association.
29.
Fail to complete any transaction after submitting an order to purchase any goods or services from individual Artist sites, subject to the individual Artist site's terms and conditions governing such transactions.
30.
Submit any order to purchase goods or services from individual Artist sites where you do not intend to complete the transaction.
31.
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
32.
Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Our Community Association or the party from whom such software may be licensed.
33.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
34.
Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Music vs Music.com community or the spirit of these Terms and Conditions.
35.
Advertise, offer for sale, or sell any of the following items:
1.
Any firearms, explosives, or weapons.
2.
Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
3.
Any alcoholic beverages.
4.
Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
5.
Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
6.
Any controlled substances or pharmaceuticals.
7.
Any counterfeit or stolen items.
8.
Any dangerous items.
9.
Any goods or services that do not, in fact, exist.
10.
Any registered or unregistered securities.
11.
Any items that violate or infringe the rights of other parties.
12.
Any items that you do not have the legal right to sell.
13.
Any items where paying Our Community Association any of the required transactional or listing fees would cause Our Community Association to violate any law. Any items where paying Our Community Association any of the required transactional or listing fees would cause Our Community Association to violate any law. You acknowledge and agree that Our Community Association and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Our Community Association and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Our Community Association, in its sole discretion. Our Community Association may also terminate access to, or membership in, Music vs Music.com, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Music vs Music.com, including without limitation, information posted on message boards. You expressly acknowledge and agree that Our Community Association may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Our Community Association, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Our Community Association with regard to its users may be disclosed in accordance with Our Community Association's Privacy Policy. Our Community Association also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
6. LICENSE TO USER CONTENT
By posting Content on Music vs Music.com, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that your Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of ant third party. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on Music vs Music.com. With respect to any Content posted by or in connection with the Products and Services, you hereby grant Our Community Association a world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, create compilations, create derivative works of, distribute and otherwise exploit such Content, to publish and promote such Content in connection with the particular Products and Services (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within Music vs Music.com, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed.
7. THIRD PARTY MERCHANDISE SALES
Music vs Music.com may contain links to third party websites where Users can purchase goods or services from third party merchants ("Merchants"). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that Music vs Music.com and Our Community Association are not parties to the transaction. Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete. Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services. Our Community Association has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through Music vs Music.com. Our Community Association cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can Our Community Association confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on Music vs Music.com will act in accordance with those statements. Our Community Association will not get involved in any dispute between Users of the Service and Merchants who post links on Music vs Music.com. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by Our Community Association of the linked site or any information contained therein.
8. Music vs Music PLAYER
The Music vs Music.com Music Player and any software contained are made available to you free of charge subject to the terms and conditions of this license. You may load the Music vs Music Player into the temporary storage of your computer each time you use it for the sole purpose of engaging in that use, provided that you do so in accordance with these Terms and Conditions, and such use does not violate Our Community Association's intellectual property rights. You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from, the Music vs Music Player, and you may not copy, distribute, publicly display, or publicly perform the Music vs Music Player except as expressly authorized by these Terms and Conditions. You agree not to modify the Music vs Music Player in any manner or form, or to use modified versions of the Music vs Music , for any purposes. You may not use the Music vs Music Player to engage in or allow others to engage in any illegal activity. You may not claim any sponsorship by, endorsement by, or affiliation with Our Community Association. By uploading any skins or plug-ins to the Music vs Music Player, you grant to Our Community Association and to users of the Music vs Music.com web site the perpetual, world-wide, royalty free license to copy, distribute, publicly display, publicly perform, and create derivative works from such skins or plug-ins. You represent and warrant that all such skins or plug-ins are original works, created by you, which do not infringe any third party intellectual property, proprietary, or other rights. AS WITH OTHER PRODUCTS AND SERVICES, THE UNSGINED MUSIC PLAYER SOFTWARE IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. Our Community Association makes available through Music vs Music.com certain music files solely for your personal use. All such music files are subject to copyright and/or other intellectual property protections afforded to the owners of such works. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED Please read the entire Terms and Conditions as all Our Community Association properties, Products and Services are subject to these Terms and Conditions.
9. PROFILES
Listeners are invited to post content to their profile ("Profile") subject to the following limitations: (a) Our Community Association may limit the amount of bandwidth dedicated to any account; and (b) Our Community Association reserves the right to display advertising on Profile pages. Please consult the Music vs Music.com Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (Listener and User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. Our Community Association reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old. By registering on Music vs Music.com, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Music vs Music.com will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users. Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, last names, and any photographs posted by you may not contain nudity or any personal information. Please read Section 5 above, Listener and User Conduct, for additional terms and conditions regarding your use of Music vs Music.com. The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Our Community Association assumes no responsibility or liability. Our Community Association reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Our Community Association Network, including Music vs Music.com, at any time, for any or no reason, with or without prior notice, and without liability.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Our Community Association OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Our Community Association OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Music vs Music.com. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT Music vs Music.com. UNDER NO CIRCUMSTANCES SHALL Our Community Association OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
11. DISCLAIMER REGARDING THIRD PARTY CONTENT
Music vs Music.com offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, Our Community Association has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Music vs Music.com or provided to Music vs Music.com by third parties, Our Community Association may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Music vs Music.com from such sources is developed by people over whom Music vs Music.com exercises no control. Similarly, content hosted by Music vs Music.com which is posted by third parties, and, with the exception of certain random screening functions, Our Community Association cannot and does not screen such web pages before they are made accessible to other users of Music vs Music.com. Accordingly, neither Our Community Association nor its licensors assume any responsibility for the content of any site linked to the Music vs Music.com web site or in any web page hosted for a third party within Music vs Music.com web site. In instances where Music vs Music.com does review the sites that are displayed in directories, indices, and/or references, or where Music vs Music.com makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Our Community Association, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
12. STORAGE
Many features of Music vs Music.com store information on behalf of Listeners. Examples include, but are not limited to chat, Profiles and postings. Our Community Association reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the Listener's account has been inactive.
13. ADVERTISERS AND CONTENT LINKED TO THE Music vs Music.com NETWORK
Our Community Association may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Music vs Music.com to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Our Community Association has no control over such sites and resources. You acknowledge and agree that Our Community Association is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Our Community Association 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 use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Music vs Music.com Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Our Community Association shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
14. NO LICENSE; INTELLECTUAL PROPERTY OF Music vs Music.com AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Our Community Association's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Music vs Music.com and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Our Community Association and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Our Community Association in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Our Community Association, any of Our Community Association's affiliates, or any of Our Community Association's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Music vs Music.com for any purpose other than the purpose for which such Content is made available to users by Our Community Association. You agree not to defame or disparage Our Community Association, the trademarks or service marks of Our Community Association, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Music vs Music.com.
15. LINKING TO Music vs Music.com; USE OF LOGO
Music vs Music.com offers a non-assignable, non-transferable, and non-exclusive license to link to Music vs Music.com web sites, using Music vs Music.com logos, subject to the following provisions. Music vs Music.com logos may be placed on a Web site for the sole purpose of creating a link to Music vs Music.com and allowing users of your site to access the Products and Services on Music vs Music.com. Music vs Music.com logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Music vs Music.com. Music vs Music.com logos may only be used in the exact size, shape, colors, design, and configuration as found on such web page. Music vs Music.com logos may not be altered in any manner. Music vs Music.com logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Music vs Music.com logos may not be used to disparage Music vs Music.com, its products or services, or in a manner which, in Our Community Association's reasonable judgment, may diminish or otherwise damage Our Community Association's good will in Music vs Music.com logos. By using any such Our Community Association logo, you acknowledge that Music vs Music.com has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Music vs Music.com. If you use Music vs Music.com logos, you must include appropriate attribution, for example: "Music vs Music.comŪ is a registered trademark of Our Community Association, Inc." Our Community Association reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Our Community Association reserves the right to take action against any use that does not conform to these provisions.
16. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Music vs Music.com or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
17. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to Our Community Association, the Artists featured on Music vs Music.com, or the respective owners of such marks, and are protected by international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Our Community Association or the owner of the mark, as appropriate, is strictly prohibited. Our Community Association may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Music vs Music.com to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Our Community Association has no control over such sites and resources. You acknowledge and agree that Our Community Association is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Our Community Association 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 use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Music vs Music.com Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Our Community Association shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
18. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Music vs Music.com reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Music vs Music.com reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
19. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between Our Community Association's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Our Community Association web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
20. NON-WAIVER AND SEPARABILITY
Our Community Association's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
21. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Our Community Association are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
22. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Our Community Association.
23. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
24. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Our Community Association. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
25. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Our Community Association, Our Community Association reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Our Community Association web sites. If you are aware of any violations of these Terms and Conditions, please report them to:
Our Community Association C.F. 97690720012 Via Portula 13 10149 Torino Italy
Please read the entire Terms and Conditions, as all Our Community properties, Products and Services are offered subject to these Terms and Conditions. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.
Last updated April 24, 2007