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MUSIKVILLE.COM
Terms of Use
Welcome to
Musikville.com (“Musikville”).
PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING MUSIKVILLE.COM (the
“Website”). The following are terms of a legal agreement between you and
Musikville. By accessing, browsing, or using the Website, you acknowledge that
you have read, understood, and agree to be bound by these terms and to comply
with all applicable laws and regulations, including export and re-export control
laws and regulations. If you do not agree to these terms, do not use the
Website. We reserve the right, at our discretion, to change, modify, add, or
remove portions of these terms at any time. Your continued use of this Website
following the posting of changes to these terms will mean you accept those
changes.
1.
OWNERSHIP
All of the content
of this Website (which includes without limitation audio, graphics, text,
images, photographs, illustrations, and the design, selection and arrangement
thereof) is protected by copyright or trademark or other proprietary
intellectual property rights owned by or licensed to Musikville.com.
2.
RESTRICTIONS ON USE
You shall be authorized to use the Website for
personal, non-commercial use only, and provided all copyright, trademark and
other proprietary notices are left intact. Use of any of the materials
contained on the Website on any other Internet site is strictly prohibited. Any
other use of the materials contained on the Website including reproduction,
modification, distribution, or republication without the prior written
permission of Musikville is strictly prohibited, and is a violation of
Musikville’s proprietary rights. You acknowledge and agree that Musikville may
terminate your access to the Website should you fail to comply with these Terms
and Conditions of Use or any other guidelines and rules published by
Musikville. Any such termination shall be in Musikville's sole discretion and
may occur without prior notice, or any notice. Musikville further reserves the
right to terminate any user's access to the Website for any conduct that
Musikville, in its sole discretion, believes is or may be directly or indirectly
harmful to other users, to Musikville 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. Musikville
further reserves the right to terminate any user’s access to the Website for any
reason or for no reason at all, in Musikville’s sole discretion, without any
notice.
3.
FORUMS AND PUBLIC COMMUNICATION
“Forum” means a chat area, message board,
or e-mail function offered as part of the Website. If you participate in any
Forum within the Website, you must not:
·
make any bigoted, racially offensive, or
religiously offensive statements;
·
advocate illegal activity or discuss
illegal activities;
·
defame, abuse, harass or threaten
including without limitation Musikville;
·
post or distribute any material that
infringes or violates any right of a third party or any law;
·
post or distribute any vulgar, obscene,
discourteous, or indecent language or images;
·
advertise or sell to or solicit others;
·
use the Forum for commercial purposes of
any kind;
·
post or distribute any software or other
materials that contain a virus or other harmful component; or
·
post material or make statements that do
not generally pertain to the designated topic or theme of any chat room or
bulletin board.
You acknowledge and agree that Musikville
and its designees shall have the right (but not the obligation), in their sole
discretion, to remove, block, or edit content from any Forum at any time and for
any reason, or for no reason at all. By uploading materials or posting comments
to the Forum or by submitting materials to us, you automatically grant (or
warrant that the owner of such materials expressly granted) us a perpetual,
royalty-free irrevocable, non-exclusive right and license to use, modify, adapt,
reproduce, publish, translate, publicly perform and display, create derivate
works from and distribute such materials or incorporate such materials into any
form, medium, or technology now known or later developed. In addition, you
warrant that all so-called “moral rights” in those materials have been waived.
You acknowledge and agree that all
information, code, data, text, software, music, sound, photographs, pictures,
graphics, video, chat, messages, files or other materials (“Content”), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
Musikville, are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Forum or on the Website. You acknowledge
and agree that by using the Website, you may be exposed to Content that may be
deemed offensive, indecent or objectionable. Nevertheless, you agree to use
Musikville at your sole risk. Under no circumstances will Musikville 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 Forum. 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
Musikville, including without limitation, information posted on message boards.
You expressly acknowledge and
agree that Musikville 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
Musikville, its users and the public.
4.
COMMUNICATIONS WITH USERS
You consent to receive communications from Musikville concerning your use of the
Website ("Communications"). The Communications may be those that Musikville is
required to send to you by law concerning the Website ("Required
Communications"). The Communications may also be those that Musikville sends to
you for other reasons. You consent to receive Communications electronically.
Musikville may provide these Communications to you by sending an email to the
email address you provided in connection with your account or by posting the
Communication on Musikville. You also consent to receive Communications by
telephone or by postal mail sent to the postal address you provided in
connection with your account.
In order to receive Required Communications, you must provide Musikville, upon
registration with Musikville, a valid email address to which Musikville may send
electronic mail. Your computer must also have a modem or other means of Internet
access, an Internet browser such as
Internet Explorer version 5.x or above
or Netscape Navigator version 6.x or above, email communications software capable of
receiving and storing electronic mail, and a printer, if you wish, for printing
electronic communications. Musikville will provide notice of any changes to
these requirements.
5.
NO
LICENSE; INTELLECTUAL PROPERTY OF
MUSIKVILLE AND OTHERS
Except as expressly provided, nothing within any of the Website shall be
construed as conferring any license under any of Musikville'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 Musikville
and the Website is protected by copyright, trademark, patent, or other
proprietary rights of Musikville 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
Musikville in connection with the Website. You agree not to hold yourself out as
in any way sponsored by, affiliated with, or endorsed by Musikville, any of
Musikville's affiliates, or any of Musikville's service providers. You agree not
to use any of the trademarks or service marks or other Content accessible
through Musikville for any purpose other than the purpose for which such Content
is made available to users by Musikville. You agree not to defame or disparage
Musikville, the trademarks or service marks of Musikville, or any aspect of the
Website. You agree not to adapt, translate, modify, decompile, disassemble, or
reverse engineer the Website or any software or programs used in connection with
the Website or Musikville.
6.
LINKING TO MUSIKVILLE; USE OF LOGO
Musikville offers
a non-assignable, non-transferable, and non-exclusive license to link to
Musikville web sites, using Musikville logos, subject to the following
provisions. Musikville logos may be placed on a Web site for the sole purpose of
creating a link to Musikville and allowing users of your site to access the
Website on Musikville. However, under no circumstance, shall the Musikville
logo be used on any websites that contain vulgarity, obscenity, nudity,
racially-offensive, or religiously offensive material. Musikville logos and may
not be used for any other purpose, including, among other purposes, to suggest
sponsorship by, or affiliation with, or endorsement by Musikville. Musikville
logos may only be used in accordance with the instructions found here, and may
only be used in the exact size, shape, colors, design, and configuration as
found on the Website. Musikville logos may not be altered in any manner.
Musikville 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. Musikville logos may not be used to disparage
Musikville, its products or services, or in a manner which, in Musikville's
reasonable judgment, may diminish or otherwise damage Musikville's goodwill in
Musikville logos. By using any such Musikville Network logo, you acknowledge
that Musikville has exclusive rights to the logo, and that all goodwill
generated through your use of the logo will inure to the benefit of Musikville.
If you use Musikville logos, you must include appropriate attribution, for
example: "Musikville® is a registered trademark of Musikville, Inc." Musikville
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. Musikville reserves the
right to take action against any use that does not conform to these provisions.
7.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS
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, MUSIKVILLE DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. TO
THE FULLEST EXTENT PERMITTED BY LAW, MUSIKVILLE DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED
IN THE WEBSITE. MUSIKVILLE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED
BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MUSIKVILLE DISCLAIMS
ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS,
LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF INFORMATION OR MATERIAL IN THE
WEBSITE. MUSIKVILLE DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. MUSIKVILLE DISCLAIMS ANY RESPONSIBILITY
OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY
INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR
HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
MUSIKVILLE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF
MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY MUSIKVILLE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 SUCH
MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties.
8.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MUSIKVILLE
OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE
OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MUSIKVILLE 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
WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE WEBSITE (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 WEBSITE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE
WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
WEBSITE. 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 WEBSITE OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, MUSIKVILLE. 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, ARTIST
PAGES OR OTHER CONTENT STORED THROUGHOUT MUSIKVILLE.
UNDER NO
CIRCUMSTANCES SHALL MUSIKVILLE 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.
9.
DISCLAIMER REGARDING THIRD PARTY CONTENT
Musikville 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,
Musikville has no control whatsoever over the
content of such sites. In other instances, including, but not limited to,
web pages hosted on Musikville or provided to Musikville by third parties,
Musikville 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 Musikville from such sources is developed by people
over whom Musikville exercises no control.
Similarly, content hosted by Musikville which is posted by third parties, and,
with the exception of certain random screening functions, Musikville
cannot and does not screen such web pages before they are made
accessible to other users of Musikville. Accordingly, neither Musikville nor its
licensors assume any responsibility for the content of any site linked to the
Musikville web site or in any web page hosted for a third party within
Musikville web site. In instances where Musikville does review the sites that
are displayed in directories, indices, and/or references, or where Musikville
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 Musikville, if
any, is narrowly limited to that which is necessary for compiling the particular
set of links.
10.
THIRD PARTY MERCHANDISE SALES
Musikville may
contain links to third party websites where Users can purchase goods or services
from third party merchants ("Merchants"). Musikville has no partnership, joint
venture, employer-employee, or franchisor-franchisee relationship with any
Merchant accessible through Musikville. Musikville cannot confirm that any
particular Merchant is who that Merchant claims to be. Nor can Musikville
confirm the truth or accuracy of any statements made by Merchants or control
whether Merchants who post statements on Musikville will act in accordance with
those statements. Musikville will not get involved in any dispute between Users
of the Service and Merchants who post links on Musikville. 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
Musikville of the linked site or any information contained therein.
11.
ADVERTISERS AND CONTENT
LINKED TO MUSIKVILLE
Musikville 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 Musikville
to access third-party material or by bringing the third party material into this
site via "inverse" hyperlinks and framing technology. Musikville have no
control over such sites and resources. You acknowledge and agree that Musikville
is not responsible for the availability of such external sites or resources, and
do not endorse and are 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 Musikville 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 Musikville Website, 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 Musikville 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.
12.
INDEMNITY AND RELEASE
By using the
Musikville web site you agree to indemnify Musikville and its officers,
employees, and licensors, and hold them harmless from any and all claims and
expenses, including attorney's fees, arising from your use of the Musikville web
site, your use of the Website, or your submission of ideas and/or related
materials to Musikville or from any person's use of any account or password you
maintain with Musikville, regardless of whether such use is authorized by you.
By using Musikville, using the Website, or submitting any ideas and/or related
materials to Musikville, you are hereby agreeing to release Musikville and its
parents, subsidiaries, affiliates, officers, employees, and licensors from any
and all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature 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 such disputes and/or to the Website
or to any disputes regarding use of ideas and/or related materials submitted to
Musikville. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF
SUCH RELEASES.
13.
COPYRIGHT,
TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Website belong to Musikville, the
Artists featured on Musikville, or the respective owners of such marks, and are
protected by U.S. and international copyright and trademark laws. Any use of any
of the marks appearing throughout the Website without the express written
consent of Musikville or the owner of the mark, as appropriate, is strictly
prohibited. Musikville 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
Musikville to access third-party material or by bringing the third party
material into this site via "inverse" hyperlinks and framing technology.
Musikville and the have no control over such sites and resources. You
acknowledge and agree that Musikville and the are not responsible for the
availability of such external sites or resources, and do not endorse and are 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 Musikville and the 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 Musikville Website, 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 Musikville
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.
PERFORMING ARTIST CONSENT
If you are a performing artist, you hereby grant a perpetual, royalty-free,
irrevocable, non-exclusive, and worldwide license to Musikville.com to use,
copy, archive, sell, available for download, modify, adapt, reproduce, publish,
translate, publicly perform and display, create derivate works from, distribute,
transmit, archive, broadcast or re-broadcast to the
general public via the Internet or through the Website, your musical
performances or incorporate such musical performances into any form, medium, or
technology now known or later developed, and to transmit, broadcast and
re-broadcast to the general public via the Internet and through the
Musikville.com Website, any and all musical performances performed by you as a
performing artist live or pre-recorded in original, modified or derived form.
Musikville shall also have the right to make a master recording of your musical
performance. You, as a performing artist, further represent and warrant that
the music you are performing as broadcasted through the Musikville.com Website
is original music written, produced, or composed by you or other members of your
musical group. If you perform or play a cover song, which by its definition is
a song composed or produced by another artist other than yourself,
Musikville.com shall not be liable for any damages resulting from the use,
broadcast, re-broadcast, or transmission of such cover song. If you, the
performing artist choose to upload any pre-recorded or live music then made to
be downloaded by other Musikville.com members, which by its definition is a song
composed or produced by another artist other than yourself, Musikville.com shall
not be liable for any damages resulting from the use, broadcast, re-broadcast,
or transmission of such cover song. Video content uploaded onto you, the
performing artist profile page must be original content, Musikville.com is not
liable for any damages resulting from the use, broadcast, re-broadcast, or
transmission of such cover song if the content is video of a song composed or
produced by another artist other than yourself.
16. MONETARY TRANSACTION & REFUND
POLICY
You the artist or artists performing a live show will receive a 50% share of all
ticket sales pre tax from third party money transferring websites. You the
performing artist must have an active online Paypal.com account to receive the
monetary earnings. No performing artist through Musikville.com will receive
money by any other way of transaction other than through Paypal.com or through
other websites by choice of Musikville.com. You the performing artist will
receive the full 50% of all ticket sales only if you the performing artist play
live original music, which by its definition is a song composed or produced by
another artist other than yourself, Musikville.com shall not be liable for any
damages resulting from the use, broadcast, re-broadcast, or transmission of such
cover song, for at least 50% of the amount of time you the performing artist
have allocated for your show. All sales that are final are as follows: a) If
you the performing artist choose to use the Mass Promotional opportunity; b) If
you the performing artist choose to upload your live performance onto
Musikville.com archive section; Artists will receive a refund for the cost of
the archive feature if and only if Musikville.com and or members of
Musikville.com find the live show to be vulgar, obscene, discourteous, or
indecent language or if the live performance has cover songs, unoriginal music.
Both are final purchase and Musikville.com does not legally need to show any
proof that either features were delivered. Any purchase for a live event is
final except under these guidelines: The performing artist does not play for at
least 50% of the time allocated for their show. Under no other circumstance
will a refund be given to any Musikville.com member. The refund will be
transferred through Paypal.com or another website of Musikville.com choice. No
other form of transfer will be accepted under any circumstance.
15.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Musikville to respond expeditiously to claims of
intellectual property infringement. Musikville will promptly process and
investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying or substantially
complying with the DMCA, Musikville will act expeditiously to remove or disable
access to any material claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or disable access to
any reference or link to material or activity that is claimed to be infringing.
Musikville will terminate access for Listeners or Artists who are repeat
infringers. Notices of claimed infringement should be directed to:
Musikville, Inc.
P.O. BOX 1741 New York, NY 10150
Please put "Notice of Infringement" in the subject
line of all such notifications. When Musikville removes or disables access to
any material claimed to be infringing, Musikville may attempt to contact the
user who has posted such material in order to give that user an opportunity to
respond to the notification, although Musikville makes no promise to do so. Any
and all counter notifications submitted by the user will be furnished to the
complaining party. Musikville will give the complaining party an opportunity to
seek judicial relief in accordance with the DMCA before Musikville replaces or
restores access to any material as a result of any counter notification.
Under no circumstances shall Musikville be liable for
any damages, losses, expenses, fees, judgments, awards, or penalties arising out
of, resulting from, or in connection with any and all claims (including, without
limitation, intellectual property infringement) relating to any musical
performances, materials or content submitted by or on behalf of a User or
performing artist that is subject to the license set forth in Section 14 and/or
broadcasted or transmitted on this Website. In the event of a claim made by a
third party, the User or performing artist responsible or alleged to be
responsible for such musical performance, material or content agrees to defend
and indemnify Musikville and its officers, employees, and licensors, and hold
them harmless from any and all claims, damages, losses, fees, judgments, awards,
and expenses, including without limitation, attorney's fees, arising from,
relating to, or in connection with such claim.
16.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere
within the Website, all legal issues arising from or related to the use of the
Website shall be construed in accordance with, and all questions with respect
thereto shall be determined by, the laws of the State of New York applicable to
contracts entered into and wholly to be performed within said state. Any
controversy or claim arising out of or relating to these Terms and Conditions or
any user's use of the Website shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in New York,
New York, and judgment on the arbitration award may be entered into in any state
or federal court in New York having jurisdiction thereof. Any party seeking
temporary or preliminary injunctive relief may do so in any state or federal
court in New York having jurisdiction thereof. Except as set forth above, the
state and federal courts of New York shall be the exclusive forum and venue to
resolve disputes arising out of or relating to these Terms and Conditions or any
user's use of the Website. By using the Website and thereby agreeing to these
Terms and Conditions, users consent to personal jurisdiction and venue in the
state and federal courts in New York with respect to all such disputes.
17. MISCELLANEOUS
Any waiver of any
provision of these terms must be in writing signed by Musikville to be valid. A
waiver of any provision hereunder shall not operate as a waiver of any other
provision, or a continuing waiver of the same provision in the future. If any
court of competent jurisdiction finds any provision of these terms to be void or
unenforceable for any reason then such provision shall be ineffective to the
extent of the court’s finding without affecting the validity and enforceability
of any remaining provisions. These terms represent the entire understanding and
agreement between the parties relating to the subject matter herein and
supersede any and all prior statements, understandings or agreements whether
oral or written and shall be modified by Musikville pursuant to these Terms and
Conditions. These Terms and Conditions shall
continue in effect for as long as you use the Website, unless specifically
terminated earlier by Musikville. All provisions of these Terms and Conditions
which impose obligations continuing in their nature shall survive termination of
these Terms and Conditions.
Last updated February 11, 2008
