By using the MusiciansConnect.net Website (the "Website") you agree to be bound by these
Terms of Use (this "Agreement"), whether or not you register as a member ("Member") or
create a profile ("Profile"). If you wish to become a Member and communicate with other
Members and make use of the MusiciansConnect.net service (the "Service"), read these Terms
of Use and indicate your acceptance of them by following the instructions in the
registration process.
This Agreement sets out the legally binding terms of your use of the Website and your
membership in the Service and may be modified by MusiciansConnect.net from time to time,
such modifications to be effective upon posting by MusiciansConnect.net on the Website. This
Agreement includes MusiciansConnect.net's Acceptable Use Policy for Content Posted on the
Website, and any notices regarding the Website.
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Eligibility. You must be eighteen years of age or over or represented
by someone eighteen year of age or over to register as a member of MusiciansConnect.net
or use the Website. Membership in the Service is void where prohibited. By using the
Website, you represent and warrant that you have the right, authority, and capacity to
enter into this Agreement and to abide by all of the terms and conditions of this
Agreement.
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Term. This Agreement will remain in full force and effect while you use
the Website and/or are a Member. You may terminate your membership at any time, for any
reason by following the instructions in your Account Settings. MusiciansConnect.net may
terminate your membership at any time, for any reason including violation of terms of
service.
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Non Commercial Use by Members. Illegal and/or unauthorized uses of the
Website, including collecting screen names and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Website will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and injunctive redress.
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Proprietary Rights in Content on MusiciansConnect.net.
MusiciansConnect.net owns and retains all proprietary rights in the Website and the
Service. The Website contains the copyrighted material, trademarks, and other
proprietary information of MusiciansConnect.net, and its licensors. Except for that
information which is in the public domain or for which you have been given written
permission, you may not copy, modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
- Content Posted on the Site.
- You understand and agree that MusiciansConnect.net may review, edit or delete any
content, messages, photos or profiles
(collectively, "Content") that in the sole judgment of MusiciansConnect.net
violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members.
- You understand and agree that failure to maintain a member karma score of at least 85 may result in the automatic and permanent removal of your account and profile.
- You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of MusiciansConnect.net, you
automatically grant, and you represent and warrant that you have the right to
grant, to MusiciansConnect.net an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute such
information and content and to prepare derivative works of, or incorporate into
other works, such information and content, and to grant and authorize
sub-licenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or
prohibited on the Website. MusiciansConnect.net reserves the right to
investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the
offending communication from the Service and terminating the membership of such
violators. It includes Content that:
- Is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- Contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under
18;
- Provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
- Engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
- You must use the Service in a manner consistent with any and all applicable
laws and regulations.
- You may not include in your Member Profile any telephone numbers, street
addresses, last names, URLs or email addresses.
- You agree that your profile may be featured/promoted on various
MusiciansConnect.net social media platforms.
- You may not engage in advertising to, or solicitation of, other Members to buy
or sell any products or services through the Service. You may not transmit any
chain letters or junk email to other Members. Although MusiciansConnect.net
cannot monitor the conduct of its Members off the Website, it is also a
violation of these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or solicitation,
MusiciansConnect.net reserves the right to restrict the number of emails which
a Member may send to other Members in any 24-hour period to a number which
MusiciansConnect.net deems appropriate in its sole discretion.
- Members can send, receive, read and reply to messages from other
MusiciansConnect members. Members may be limited in the number of new
members they can initiate contact with per day to prevent abuse. This number is
subject to change and is at the sole discretion of MusiciansConnect.net.
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Copyright Policy. You may not post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights. Without limiting the
foregoing, if you believe that your work has been copied and posted on the Service in a
way that constitutes copyright infringement, please provide our Copyright Agent with the
following information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material that you
claim is infringing is located on the Website; your address, telephone number, and
email address; a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
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Member Disputes. You are solely responsible for your interactions with
other MusiciansConnect.net Members. MusiciansConnect.net reserves the right, but has no
obligation, to monitor disputes between you and other Members.
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Email Opt-Out. When joining MusiciansConnect.net, you agree to
receive periodic emails designed to improve your user experience. These emails include
message
notifications and system notifications. You can manage email preferences in
your profile settings. Submitting spam reports for any MusiciansConnect.net emails received will result in the
automatic and permanent removal of your
account and profile including all correspondences with other members. This cannot be
undone. Accounts with emails returned as undeliverable may result in profile no longer
being visible on the site or the permanent removal of
account and profile including all correspondences with other members. This cannot be
undone.
- Privacy. Use of the Website and/or the Service is also governed by our
Privacy Policy.
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Disclaimers. MusiciansConnect.net is not responsible for any incorrect
or inaccurate Content posted on the Website or in connection with the Service, whether
caused by users of the Website, Members or by any of the equipment or programming
associated with or utilized in the Service. MusiciansConnect.net is not responsible for
the conduct, whether online or offline, of any user of the Website or Member of the
Service. MusiciansConnect.net assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, user or
Member communications. MusiciansConnect.net is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any Website or
combination thereof, including injury or damage to users and/or Members or to any other
person's computer related to or resulting from participating or downloading materials in
connection with the Web and/or in connection with the Service. Under no circumstances
will MusiciansConnect.net be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Website or the Service, any Content
posted on the Website or transmitted to Members, or any interactions between users of
the Website, whether online or offline. The Website and the Service are provided "AS-IS"
and MusiciansConnect.net expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. MusiciansConnect.net cannot guarantee and does not promise
any specific results from use of the Website and/or the Service.
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Liability Waiver. You agree to indemnify and hold
MusiciansConnect.net harmless from any damages, liability or expenses resulting from
directly or indirectly using this service. In no event will MusiciansConnect.net be
liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive
damages, including also lost profits arising from your use of the Web site or the
Service, even if MusiciansConnect.net has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein,
MusiciansConnect.net has no liability to members, website visitors or any persons for
any cause whatsoever, regardless of the
form of the action.
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Disputes. If there is any dispute about or involving the Website and/or
the Service, by using the Website, you agree that the dispute will be governed by the
laws of the State of Florida without regard to its conflict of law provisions. You agree
to personal jurisdiction by and venue in the state and federal courts of the State of
Florida, City of Sarasota.
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Indemnity. You agree to indemnify and hold MusiciansConnect.net, its
subsidiaries, affiliates, officers, agents, and other partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorney's fees, made
by any third party due to or arising out of your use of the Service in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
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Other. This Agreement, accepted upon use of the Website and further
affirmed by becoming a Member of the Service, contains the entire agreement between you
and MusiciansConnect.net regarding the use of the Website and/or the Service. If any
provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.