Legal
Privacy Policy and Terms of Use. |
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Terms And Conditions
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- Your Acceptance of Terms of Use.
Welcome to ISGOODMUSIC.com. ISGOODMUSIC.com is owned and operated by ISGOODMUSIC, LLC (sometimes referred to herein as "us" or "we"), and located at www.ISGOODMUSIC.com (sometimes referred to herein as the "Website"). By using and/or visiting this Website you hereby assent to both the terms and conditions set forth herein (the "Terms of Use") and the terms and conditions of our Privacy Policy and which are incorporated herein by reference. These Terms of Use apply to all users of the Website. We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. If you do not agree to any of the terms and conditions of this Terms of Use, then please do not use the Website.
- Additional Terms.
Certain products or services offered by or within this Website, may be governed by additional terms and conditions. All such terms shall be referred to as "Additional Terms" and shall supplement these Terms of Use. In such event you must agree to such Additional Terms prior to using those products or services to which the Additional Terms apply. Unless specifically stated otherwise, in the event that any provisions of the Additional Terms conflict with these Terms of Use, then the Additional Terms shall govern with respect to solely those conflicting provisions.
- Your Ability to Accept Terms of Use.
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
- Links to Third Party Websites.
The Website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policy of any other website that you visit.
- Website Access.
- We hereby grant you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
- In order to access some features of the Website, you will have to create an account by choosing a username and password. You shall not use another's account, username or password at any time without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
- Website Maintenance and Support.
- In the event you have any technical or general questions, please visit the Contact Us page. this is an example – not sure where you want to drive these questions.
- Technology may break down from time to time. Much of this is beyond our control, thus we cannot guarantee 100% uptime and access to the Website. Occasionally, server maintenance is scheduled to allow for servicing and upgrades. Whenever possible, we will announce the scheduled downtimes assuming we are notified. Internet failure is also beyond our control and we cannot take responsibility for any short term or long term problems.
- We do not supply computer support. If you have issues with your PC or Mac in terms of connection to the Internet; hardware or software problems including browser, operating system, download, or sound file problems, we cannot supply support. You would need to contact a qualified specialist for assistance.
- We may make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website, at any time without notice.
- User Conduct.
- We may elect to offer interactive features via the Website that allow you to submit or post content, information, materials or links to third party content on areas of the Website accessible and viewable by third parties, including other users of the Website.You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that you upload, post, email, transmit or otherwise make available via the Website ("User Content"), whether publicly posted or privately transmitted, is your sole responsibility. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Website, and hereby grant us a worldwide, royalty-free, non-exclusive license to use such materials as part of the Website, and in relation to any services provided on the Website, without any compensation or obligation to you. We do not control the User Content posted via the Website and, as such, do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website.
- You understand that any communication or User Content you do transmit to or through the Website by electronic mail or otherwise will be treated as non-confidential and non proprietary and may be used by us, other users, or our affiliates for any purpose without payment of any kind, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know how or techniques contained in any communication or User Content you transmit to and/or through the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing any and all products incorporating any such information.
- (c) You agree to not use the Website to:
- Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, any one from our company, moderator, personality or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
- Upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another;
- Collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
- You acknowledge that we may not pre-screen User Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or move any User Content that is available via the Website. Without limiting the foregoing, we and our designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content, including without limitation information in any of our public forums, and in all other parts of the Website.
- You acknowledge, consent and agree that we may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any User Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of our users and the public as well as our employees.
- You understand that the technical processing and transmission of the Website, including any User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or any content providers who provide any materials utilized by the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
- Intellectual Property Rights.
The content on the Website, other than User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Website Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright, trademark, patent, trade secret and other laws and we reserve all rights in and to the Website Content not expressly granted to you. The Website Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Website Content other than expressly permitted herein for any commercial purposes. If you download or print a copy of the Website Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website or the Website Content therein.
- Notice and Procedure For Making Claims of Copyright Infringement.
- If you are a copyright owner or an agent thereof and believe that any item of Website Content, User Content or other material on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Our designated Copyright Agent to receive notifications of claimed infringement is: Milton E. Olin, Jr., Esq., c/o Altschul & Olin, LLP, 16133 Ventura Blvd., Suite 1270, Encino, CA 91436, email: copyright@ISGOODMUSIC.com , telephone: 818-990-1800, fax: 818-990-1429.
- PLEASE NOTE THAT ONLY DMCA NOTICES SHOULD GO TO THE COPYRIGHT AGENT. Other feedback, comments, requests for technical support, and other communications should be directed to our Customer Service You acknowledge that if you fail to comply with all of the requirements of this Section 10(b), your DMCA notice may not be valid.
- If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Website infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.
- Warranty Disclaimer.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to this Website and assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Website, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- Limitation of Liability.
In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Website, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by us from our facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Indemnity.
You agree to defend, indemnify and hold harmless us, our successors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use or if applicable, Additional Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (d) any claim that any item of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
- Assignment.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- Termination.
You agree that under certain circumstances and without prior notice we may immediately terminate your account and access to the Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use, Additional Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Website, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Website. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Website.
- General.
You agree that: (a) the Website shall be deemed solely based in California; and (b) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You and we agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use, together with the Privacy Policy Additional Terms, and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Last updated as of: September 13, 2009 © 2008 ISGOODMUSIC, LLC. All rights reserved.
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