Terms of use

Terms Of Use

Welcome to MusicReach.com (“MusicReach”). MusicReach.com is a music-oriented content and information website that provides a service to musical artists, record companies on behalf of musical artists (each an “Artist” and collectively “Artists”), artist managers, and venues to post information regarding themselves as well as musical content and other products owned and/or created by them. Artists, artist managers, and venues having content on MusicReach are, for purposes of these Terms of Use “Partners” of MusicReach. Unless explicitly stated otherwise, any current, updated, and new products and services (“Products and Services”), including the addition of new materials are subject to these Terms of Use.

ACCEPTANCE
By using MusicReach.com you agree to be bound by these Terms of Use, whether or not you register as a listener or other user (a “Visitor”). These Terms of Use include any other posted guidelines or rules applicable to MusicReach or any Product or Service, which are incorporated by reference into these Terms. If you do not agree with the Terms of Use, do not use this site. Because the Terms and Conditions contain legal obligations, please read them carefully. We reserve the right to change, add, or remove portions of these Terms at any time. You should periodically review these Terms for changes. Your continued use of MusicReach after the posting of changes to the Terms means that you accept those changes. By using MusicReach, you agree, without limitation or qualification, to be bound by and to comply with, these Terms and Conditions and
CONDITIONS AND RESTRICTIONS ON USE
1. Use of MusicReach and accessing the Products and Services is subject to compliance with these Terms of Use. You are authorized to use MusicReach for personal, non-commercial use only. You acknowledge and agree that MusicReach may terminate your access to MusicReach or to any of the Products and Services if you fail to comply with the Terms of Use or any other guidelines and rules published by MusicReach. Any termination will be in the sole discretion of MusicReach and may occur without prior notice, or any notice. MusicReach also reserves the right to terminate any Visitor’s access to MusicReach or to any of the Products and Services for any conduct that MusicReach, in its sole discretion, believes is or may be directly or indirectly harmful to other Visitors, to MusicReach or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or applicable foreign laws or regulations. MusicReach also reserves the right to terminate any Visitor’s access to MusicReach for any reason or for no reason with respect to uploading or placing inappropriate content. If MusicReach learns that anyone under the age of 13 has accessed the Products and Services, MusicReach will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of MusicReach, however, may not be available to children under 13 under any circumstances.
2. MusicReach does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
REGISTRATION AND PRIVACY
Certain of the Products and Services will require the Visitor to register and provide certain data. In consideration of use of the Products and Services and in registering and providing the 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 MusicReach 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 MusicReach has a reasonable ground to suspect that your information is untrue, inaccurate, not current, or incomplete, MusicReach has the right to suspend or terminate your account and refuse all current or future use of the Products and Services.
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: (a) the online conduct of the minor; (b) controlling the minor’s access to and use of the Products and Services; and (c) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF MUSICREACH MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
LISTENER AND USER CONDUCT
1. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat and other messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. You acknowledge and agree that by using MusicReach, you may be exposed to Content that may be considered offensive, indecent, or objectionable. Nevertheless, you agree to use MusicReach at your sole risk. As a general matter, MusicReach does not pre-screen user or third party Content posted on MusicReach, although MusicReach reserves this right. MusicReach reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms of Use or any other rules or guidelines posted by MusicReach.
2. The Products and Services may only be used for the intended purposes for which the Products and Services are being made available.
3. You agree that you will not use MusicReach 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.
  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 Visitors for commercial or unlawful purposes.
  8. Impersonate any person or entity 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.
  10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have the right to transmit under any law or regulation or under contractual or fiduciary relationship.
  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 infringement.
  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 these purposes.
  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, 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 MusicReach.
  15. Use automated means to enhance play in MusicReach promotions, increase the number of plays of songs of any particular artist on MusicReach, or increase traffic to the MusicReach artist site of any particular artist.
  16. Use unauthorized automated means to download data from any MusicReach Network database.
  17. Conduct your own contests or 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, sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any Content from any MusicReach database.
  20. Sell, distribute, or make any commercial use of data obtained from any MusicReach database or make any other use of data from any MusicReach database in a manner that could be expected to offend the person for whom the data is relevant.
  21. Create and maintain a MusicReach artist site that (a) redirects to another web page or (b) stores or hosts content for remote loading by other web pages. For example, you cannot create a MusicReach artist site, post pictures to the MusicReach artist site, and have other web pages call the MusicReach artist site to retrieve those pictures. But MusicReach may permit specific linking subject to MusicReach’s prior written consent, which can withdrawn, at any time at the sole discretion of MusicReach
  22. Create and maintain a MusicReach artist site that contains hyperlinks to content not permitted on MusicReach.
  23. Disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other Visitors are able to type, or otherwise act in a manner that negatively affects other Visitors’ ability to engage in conducting their transactions or using MusicReach.
  24. Submit any order to purchase goods or services from individual Artist sites when you do not intend to complete the transaction.
  25. 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.
  26. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction.
  27. Use any software deployed in connection with MusicReach or the Products and Services to process data as a service to other entities without the prior written consent of MusicReach or the party from whom the software processes data.
  28. Interfere with or disrupt MusicReach, the Products and Services, or servers or networks connected to MusicReach.
  29. Intentionally or unintentionally violate any applicable local, state, national, or international law.
  30. 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.
  31. Disobey any MusicReach employee or representative or interfere with any action by any MusicReach employee or representative to redress any violation of these Terms.
  32. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with MusicReach or the Products and Services.
  33. 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.
    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 MusicReach any of the required transaction or listing fees would cause MusicReach, its Partners, or affiliates to violate any law.
  34. Do anything that would circumvent the Digital Millennium Copyright Act. The Video Privacy Protection Act, the Children’s Online Privacy and Protection Act, or any other Act of the United States affecting the Internet or the rights of parties or content providers and the placement of or access to material on the Internet.
4. You acknowledge and agree that MusicReach and its designees 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 MusicReach and its designees have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates these Terms or is otherwise objectionable as determined by MusicReach, in its sole discretion. MusicReach may also terminate access to, or membership in, MusicReach, or any portion of it, for violating these Terms. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Content.
5. You expressly acknowledge and agree that MusicReach 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 these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MusicReach, its Visitors, or 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 also acknowledge and agree that other data collected and maintained by MusicReach with regard to its Visitors may be disclosed in accordance with MusicReach ’s Privacy Policy.
6. MusicReach also may suspend or terminate any Visitor account for any Product or Service because of Visitor inactivity. What is considered “Visitor inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use the account immediately ceases.
PAYMENT TERMS
1. Your confirmation of a transaction includes your assent to be bound by and pay for that transaction. Pay attention to the details of the transaction, because the total price may include fees, taxes, and shipping and handling costs, that you are required to pay. If you are presented with additional terms related to a specific purchase before you confirm the transaction, those additional terms will also govern that transaction. The payment terms in place at the time you confirm a transaction, or a transaction in your account occurs governs that transaction. If your zip code is in more than one taxing district your transaction will be computed at the higher tax rate.
2. By using a payment source you confirm that you are permitted to use that payment source. And you authorize MusicReach to collect and store the information together with other related transaction information. By making a payment you authorize MusicReach (and our designated payment processor) to charge the full amount to the designated payment source. Certain types of payment may require pre-approval from the issuer. MusicReach will not process the payment of a pre-approval required transaction until approval is received. Cancellation of a transaction, requiring pre-approval before completion may result in your funds not being temporarily available, under the terms of your payment source. You are solely responsible for any overdraft or other fee from your payment source if you are assessed a fee.
3. To the extent that any credits in your account are not used within three years, MusicReach reserves the right to redeem the credits and donate them to a non-profit organization of our choice. Credits, if any, remaining in a deactivated account will be lost. We may redeem those credits and donate them to a non-profit organization of our choice. But your credits will not be lost if MusicReach deactivates your account and you meet the required conditions for reinstatement and reinstate your account within six months of deactivation.
4. MusicReach may make reasonable inquiries directly or through third parties concerning your identity and creditworthiness. MusicReach may cancel any transaction that we believe violates these payment terms or these Terms of Use, or we believe will prevent financial harm. MusicReach limits your ability to make a payment or may delay payment, or deactivate your account if we believe doing so will prevent financial harm. MusicReach may cancel any credits received in violation of the payment terms or these Terms of Use. MusicReach may contact your payment source, law enforcement, or affected third parties and share details of any payments that are associated with you if we believe doing so may prevent financial harm or violation of law.
5. You must notify MusicReach in writing immediately if you believe an unauthorized or improper transaction has occurred in your account. You waive, to the fullest extent permitted by law, all claims against MusicReach if you fail to submit your notification within 30 days of the transaction. You agree that MusicReach has no liability for any transaction involving the Products or Services of a third party. You are responsible for and agree to reimburse MusicReach for all claims, reversals, charge-backs, fines, penalties, fees, and other liabilities we incur that arose or were caused by payments that you authorized or approved. You must mail notices related to payments and these payment terms to: MusicReach, LLC, Attention: Transaction Claims, 13500 Sutton Park Drive South, Suite 302, Jacksonville, FL, 32224.
6. MusicReach may change these payment terms, in whole or in part, at any time, as provide by Section 22, below.
LIMITED LICENSE TO CONTENT
1. MusicReach claims no ownership interest in any of the Content posted by you on MusicReach. And the copyright to all such Content remains with its original owner.
2. By posting Content on MusicReach, 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 the Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on MusicReach.
3. In order to make it possible for MusicReach to provide the Products and Services, you hereby grant MusicReach a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, transmit, publicly display, publicly perform, and distribute any Content posted by you on or through MusicReach, to publish and promote the Content in connection with the particular Products and Services, to publish and promote the Content on any other MusicReach website through links to MusicReach, and to sublicense these rights solely as necessary to provide the Products and Services. The license will terminate concurrent with your removal of your Content from MusicReach.
THIRD PARTY MERCHANDISE SALES
1. MusicReach may contain links to third party websites where Visitors can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Visitors are obligated to complete their transactions, subject to the individual Merchant’s terms and conditions governing transactions on its website. 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 MusicReach is not a party to the transaction.
2. Visitors are obligated to submit information to Merchants that is true, accurate, current, and complete. By accepting these Terms, you represent and warrant that all information submitted by you is true, accurate, current, and complete. Visitors are also required to maintain and update all personal information in order to ensure that it remains true, accurate, current, and complete. Each time you update your information, you represent and warrant that the information is true, accurate, current, and complete.
3. Visitors may not purchase goods or services from Merchants that they are prohibited from purchasing or possessing by any law applicable to them in the Visitor’s jurisdictions. The responsibility for ensuring compliance with all applicable laws is the Visitor’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 the goods or services.
PROFILES
1. Visitors are invited to post Content to their profile (“Profile”) subject to the following limitations: (a) MusicReach may limit the amount of bandwidth dedicated to any account; and (b) MusicReach reserves the right to display advertising on Profile pages. Please consult the MusicReach Privacy Policy for special terms that relate to Profiles. Profiles are governed by these Terms and the Privacy Policy. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. MusicReach reserves the right to modify or discontinue a Visitor’s Profile service at any time, and Visitors are encouraged to maintain back-up copies of their Content. The Profile service may only be used by people who are at least 13 years old.
2. By registering on MusicReach, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of your information. You also represent and warrant that you are 13 years of age or older and that your use of MusicReach 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 without limitation, your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Visitors.
3. MusicReach reserves the right, in its sole discretion, to reject, refuse to post, or remove any Content posted by Visitors, or to restrict, suspend, or terminate Visitor access to all or any part of the MusicReach Network, including without limitation, MusicReach, at any time, for any or no reason, with or without prior notice, and without liability.
DISCLAIMER OF WARRANTIES
1. MUSICREACH GENERALLY. MUSICREACH USES COMMERCIALLY REASONABLE EFFORTS TO KEEP THE MUSICREACH WEBSITES SAFE AND BUG-FREE. BUT YOU USE THE MUSICREACH WEBSITES AT YOUR OWN RISK. MUSICREACH PROVIDES THE WEBSITES “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICREACH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MUSICREACH WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICREACH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MUSICREACH WEBSITES. MUSICREACH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
2. PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICREACH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICREACH DISCLAIMS ANY WARRANTIES FOR 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 FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. MUSICREACH ALSO DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
3. MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MUSICREACH WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF MATERIAL.
LIMITATION OF LIABILITY
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MUSICREACH BE LIABLE TO ANY VISITOR ON ACCOUNT OF THAT VISITOR’S USE OR MISUSE OF AND RELIANCE ON THE MUSICREACH WEBSITES. THIS LIMITATION OF LIABILITY APPLIES TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MUSICREACH HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES). THIS LIMITATION OF LIABILITY APPLIES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE MUSICREACH WEBSITES, FROM INABILITY TO USE MUSICREACH, THE WEBSITES, THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MUSICREACH (INCLUDING DAMAGES INCURRED OR CAUSED BY THIRD PARTIES). THE MAXIMUM AGGREGATE LIABILITY OF MUSICREACH IS $100.00 (U.S.) IN THOSE JURISDICTIONS THAT PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OF DAMAGES.
2. THIRD PARTY GOODS OR SERVICES. THIS LIMITATION ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MUSICREACH WEBSITES 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 MUSICREACH OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. THIS LIMITATION APPLIES, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. THIS LIMITATION APPLIES 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, MUSICREACH. THIS LIMITATION APPLIES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
3. BACK-UPS. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARTIST PAGES, OR OTHER CONTENT STORED THROUGHOUT THE MUSICREACH WEBSITES.
4. FORCE MAJEURE. UNDER NO CIRCUMSTANCES WILL MUSICREACH 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 THEIR 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. 12. DISCLAIMER REGARDING THIRD PARTY CONTENT
5. MusicReach offers access to numerous third party web pages and content available over the Internet. In the overwhelming majority of instances, including without limitation, sites contained within a directory of links, MusicReach has no control whatsoever over the content of these sites. In other instances, including without limitation, web pages hosted on MusicReach or provided to MusicReach by third parties, MusicReach may set guidelines for what may appear on the web pages and may engage in certain screening, but generally exercises no control over the content of these web pages and is unable to police all of this content. Third party content accessible through MusicReach from third party sources is developed by people over whom MusicReach exercises no control. Similarly, content hosted by MusicReach that is posted by third parties, and, with the exception of certain random screening functions, MusicReach cannot and does not screen these web pages before they are made accessible to other Visitors of MusicReach. Accordingly, neither MusicReach nor its licensors assume any responsibility for the content of any site linked to MusicReach or in any web page hosted for a third party within MusicReach. In instances when MusicReach does review the sites that are displayed in directories, indices, or references, or when MusicReach makes available directories, indices, or references of sites compiled by third parties, the content located at these sites was developed third parties, and review of these sites by MusicReach , if any, is narrowly limited to that which is necessary for compiling the particular set of links.
ADVERTISERS AND CONTENT LINKED TO THE MUSICREACH NETWORK
1. MusicReach may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a Visitor to leave MusicReach to access third party material or by bringing the third party material into MusicReach via "inverse" hyperlinks and framing technology. MusicReach has no control over these sites and resources. You acknowledge and agree that MusicReach is not responsible for the availability of these 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 these sites or resources. You also acknowledge and agree that MusicReach will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third party site or resource.
2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MusicReach Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with these dealings, are solely between you and the third party advertiser. You agree that MusicReach and MusicReach, LLC and its affiliates will not be responsible or liable for any loss or damage of any sort incurred as the result of any communications or transactions, or as the result of the presence of the advertisers on MusicReach.
NO LICENSE; INTELLECTUAL PROPERTY OF MUSICREACH AND OTHERS
Except as expressly provided, nothing within MusicReach or any of the Products and Services will be construed as conferring any license under any of MusicReach’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 MusicReach and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of MusicReach and its affiliates, Partners, 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 MusicReach 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 MusicReach, any of MusicReach’s affiliates, or any of MusicReach’s Partners. You agree not to use any of the trademarks or service marks or other Content accessible through MusicReach for any purpose other than the purpose for which the Content is made available to Visitors by MusicReach. You agree not to defame or disparage any of MusicReach’s intellectual property, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer MusicReach or any aspect of MusicReach or any software or programs used in connection with MusicReach or any portion of MusicReach.
LINKING TO MUSICREACH; USE OF MARKS
MusicReach offers a non-assignable, non-transferable, and non-exclusive license to link to the MusicReach web site, using MusicReach logos and other trademarks or service marks (the “Marks”), subject to the following provisions: MusicReach Marks may be placed on a Web site for the sole purpose of creating a link to MusicReach and allowing users of your site to access the Products and Services on MusicReach. MusicReach Marks may not be used for any other purpose, including without limitation, to suggest sponsorship by, affiliation with, or endorsement by MusicReach. MusicReach Marks may only be used in the exact size, shape, colors, design, and configuration as found on MusicReach. The MusicReach Marks may not be altered in any manner. The MusicReach Marks may not be used to disparage MusicReach, its products or services, or in any manner that, in MusicReach’s reasonable judgment, may blur or tarnish or otherwise damage MusicReach’s good will in the Marks. By using any of the MusicReach Marks, you acknowledge that MusicReach has exclusive rights to the Marks, and that all goodwill generated through your use of the Marks will inure to the benefit of MusicReach. If you use any of the Marks, you must include a statement that “[the specific Mark] is a trademark of MusicReach, LLC.” MusicReach 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. MusicReach reserves the right to take action against any use that does not conform to these provisions.
INDEMNITY AND RELEASE
By using MusicReach you agree to indemnify MusicReach and its members, managers, officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of MusicReach, your use of the Products and Services, or your submission of ideas or related materials to MusicReach or from any person's use of any account or password you maintain with MusicReach, regardless of whether you authorize the use. By using MusicReach, using the Products and Services, or submitting any ideas or related materials to MusicReach, you agree to release MusicReach and its parents, subsidiaries, affiliates, members, managers, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual, consequential, or exemplary), costs, and expenses of any kind whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to disputes or to the Products and Services or to any disputes regarding use of ideas or related materials submitted to MusicReach. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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 MusicReach or the Products and Services must be filed within one (1) year after the claim or cause of action arises, or be forever barred.
TRADEMARK AND COPYRIGHT NOTICE
1. All other marks and content that appear throughout the Products and Services belong to MusicReach, the Artists featured on MusicReach, or the respective owners of the marks or content, and are protected by U.S. and international trademark and copyright laws. Any use of any of the marks or content appearing throughout the Products and Services without the express written consent of MusicReach or the owner of the mark or content, as appropriate, is strictly prohibited. MusicReach may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a Visitor to leave MusicReach to access third-party material or by bringing the third party material into MusicReach via "inverse" hyperlinks and framing technology. MusicReach has no control over other sites and resources. You acknowledge and agree that MusicReach is not responsible for the availability of 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 external sites or resources. You also acknowledge and agree that MusicReach will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any external website or resource.
2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MusicReach Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with these dealings, are solely between you and the advertiser. You agree that MusicReach will not be responsible or liable for any loss or damage of any sort incurred as the result of these dealings or as the result of the presence of the advertisers on the Products and Services.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
1. If you are a copyright owner and you believe that your rights have been violated in any way, please notify our designated agent in writing: Attn: DMCA Agent. Howard A. Caplan, Caplan Law Firm, P.A., 6260 Dupont Station Court, Suite C, Jacksonville FL, 32217, 8904/256-3333, Howard@caplawfirm.com. Our Agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2).
2. Upon receipt of a fully completed and signed notification (the “Take-down Notice”) form, we will remove or disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that it has been removed or access to it has been disabled. Your notification must conform to the requirements of 17 U.S.C. Section 512(c)(1)(C) or is on our form, which is at www.muscireach.com/legal/copyright_notice. If you are an advertiser, Visitor, or other person having content that has been taken down you can file a counter-notice. You can file the counter-notice in reply to the email Take-down Notice you receive from MusicReach. The counter-notice must be a written communication (email is acceptable and preferred), and must contain (1) your electronic or physical signature; (2) identification of the removed or disabled material and the location where the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as the result of a mistake or misidentification of the material; (4) your name, address, and telephone number; (5) a statement that you consent to the jurisdiction of the federal district court where your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found; and (6) that you will accept service of process from the person who provided the Take-down Notice.
3. The Trademark Act does not provide for a notice and counter-notice procedure similar to the DMCA. If you are a trademark owner and you believe that your rights have been violated in any way you may notify MusicReach of the alleged infringement by completing the Trademark Infringement Notice form, which is at www.musicreach.com/legal/trademark_notice. Upon receipt of a fully completed and signed notification form, we will conduct a good faith investigation of the alleged trademark infringement. If we believe that the complaint is reasonable then in our sole discretion and without any legal obligation to do so, we may temporarily remove or disable access to the allegedly infringing material and will promptly notify the individual who posted the material of the alleged infringement, and if the material has been removed or access to it has been disabled. If you are an advertiser, Visitor, or other person having material that has been taken down you can file a counter-notice. You can file the counter-notice in reply to the email Trademark Infringement Notice you receive from MusicReach. The counter-notice must be a written communication (email is acceptable and preferred), and must contain (1) your electronic or physical signature; (2) identification of the removed or disabled material and the location where the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material does not constitute trademark infringement or you have a defense to infringement and the basis for the defense; (4) your name, address, and telephone number; (5) a statement that you consent to the jurisdiction of the federal district court where your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found; and (6) that you will accept service of process from the person who alleged trademark infringement.
PROVISIONS APPLICABLE TO VISITORS OUTSIDE THE UNITED STATES
MusicReach desires to reach the global community with standards that are consistent for all Visitors. The following provisions apply to Visitors outside the United States: You consent to having your personal information transferred to and processed in the United States. You will refrain from engaging in commercial activities on MusicReach if you are in a country embargoed by the United States, you are on the U.S. State Department’s list of Foreign Terrorist Organizations, or you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
ARBITRATION, GOVERNING LAW, AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within MusicReach, all legal issues arising from or related to MusicReach, inclusive of the Products and Services will be construed in accordance with, the laws of the State of Florida without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to these Terms, the Privacy Policy, or any Visitor's use of the Products and Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Jacksonville, Florida, and judgment on the arbitration award may be entered in any state or federal court having proper jurisdiction. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Jacksonville, Florida having proper jurisdiction. By using MusicReach Visitors consent to personal jurisdiction and venue in the state and federal courts in Duval County, Florida with respect to all disputes. If any part of these Terms is determined to be invalid or unenforceable, that determination will not impair or nullify the remainder of these Terms, which will be interpreted to the greatest extent possible as though the offending part did not exist. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to MusicReach, the Music Web site, and these Terms of Use must be filed within one (1) year from the date the cause of action arose, or be barred as untimely.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
MusicReach reserves the right to modify all aspects of MusicReach from time to time, for any reason, and without notice, including without limitation, the right to terminate the Products and Services. MusicReach reserves the right to modify these Terms of Use from time to time, without notice. And any modification will become effective at the time the modified Terms of Use are posted. Please review these Terms of Use from time to time so you will be apprised of any changes.
MERGER
These Terms of Use, and the Privacy Policy incorporated into these Terms constitute the entire agreement between the parties regarding MusicReach. But any other terms and conditions located on any third-party linked website or on an advertiser’s webpage within the Products and Services are incorporated by reference to the extent that they do not conflict with these Terms. To the extent that any other terms and conditions or terms of use or service conflict with these Terms, those other provisions will control with respect to the use of the third-party website.
VIOLATIONS OF TERMS AND CONDITIONS
If you violate these Terms or any other rights of MusicReach or its affiliates, MusicReach or its affiliates reserves the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of these Terms please report them to: legal@musicreach.com or MusicReach, LLC, Attention: Legal Department, 13500 Sutton Park Drive South, Suite 302, Jacksonville, FL, 32224.

Terms Of Use

ACCEPTANCE

CONDITIONS AND RESTRICTIONS ON USE

REGISTRATION AND PRIVACY

RESPONSIBILITY FOR MINORS

LISTENER AND USER CONDUCT

PAYMENT TERMS

LIMITED LICENSE TO CONTENT

THIRD PARTY MERCHANDISE SALES

PROFILES

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

ADVERTISERS AND CONTENT LINKED TO THE MUSICREACH NETWORK

NO LICENSE; INTELLECTUAL PROPERTY OF MUSICREACH AND OTHERS

LINKING TO MUSICREACH; USE OF MARKS

INDEMNITY AND RELEASE

LIMITATION OF ACTIONS

TRADEMARK AND COPYRIGHT NOTICE

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

PROVISIONS APPLICABLE TO VISITORS OUTSIDE THE UNITED STATES

ARBITRATION, GOVERNING LAW, AND FORUM FOR DISPUTES

CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

MERGER

VIOLATIONS OF TERMS AND CONDITIONS