PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions (the “Terms and Conditions”) govern your use of the Muvment Music site (the “Site”), as provided by Muvment Music Publishing (“Muvment Music,” “we,” or “us”). By using the Site, you (“You”) and other users of the Site (collectively, “Users”) are deemed to have agreed to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. You should check these Terms and Conditions periodically for modifications. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications.
Modifications to the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, Content, features, or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You warrant and agree that, while using the Site, you shall not upload, post, or transmit to or distribute or otherwise publish through the Site any materials which: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us, (b) are unlawful, threatening, harassing, or profane, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with, any other person or entity, (b) harm minors in any way, (c) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material), (d) engage in spamming, spoofing, or flooding; (e) attempt to gain unauthorized access to other computer systems through the Site, or (f) harvest, collect, or store information about the users of this Site or the Content posted by others on this Site. You may not upload, post publish, reproduce, transmit, or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws. We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the rights to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. By posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials (“Content”), in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you are the sole responsible person from which such Content originated and that you have the right to post such Content.
You understand that the technical processing and transmission of the Site, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Muvment Music assumes no responsibility for the transmission, deletion, or failure to store postings or other information submitted by you or other users to Muvment Music. Any or all postings on the Site may be purged periodically at Muvment Music’s sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you will not rely on any Content created by Muvment Music or submitted to Muvment Music. You further acknowledge and agree that the views expressed by you and other users of the Site do not necessarily reflect the views of Muvment Music, and Muvment Music does not support or endorse any Content or otherwise posted by you or any user.
As between you and Muvment Music, Muvment Music is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features, or materials you may access on the Site. Any commercial uses of the Site are strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Muvment Music. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property, by including them on the Site.
User’s Grant of Limited License
By submitting or sending information or other material to Muvment Music you grant Muvment Music the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In operating this Site, Muvment Music may seek Content that originates with you and other Site users. Notwithstanding
the foregoing, Muvment Music does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from you through the Site or Muvment Music’s mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Muvment Music will be deemed not to be confidential or secret. By submitting or sending information or other material to Muvment Music you represent and warrant that the information is original to you and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques, or other similar materials that you submit or otherwise communicate to the Site, may be used in any manner. Any violation in whole or in part of any of these conditions to access of muvmentmusic.com shall render any use made thereof by User unauthorized and infringing, and without limiting any remedies that Muvment Music or any other party may have, User shall be liable for statutory damages to the maximum permitted by applicable law, along with other remedies available under the laws, including copyright laws, of the United States and other countries. USER HEREBY ACKNOWLEDGES AND AGREES TO THE ABOVE CONDITIONS AS A MATERIAL INDUCEMENT TO PERMIT USER’S ACCESS OF MUVMENTMUSIC.COM.
You understand and acknowledge that no data transmitted over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Muvment Music or post to the Site is done so at your own risk.
You acknowledge and agree that in connection with your use of the Site you must:
- provide for your own access to the World Wide Web and pay any service fees associated with such access, and
- provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem, and a working telephone line.
Muvment Music shall not be responsible for any malfunctions, errors, crashes, or other adverse events that may occur from your use of the Site.
Failure to Comply with Terms and Conditions and Termination
Your access to the Site may be terminated at any time, and without cause, by either Muvment Music or you, upon notification to the other by e-mail. You acknowledge and agree that we may deny you access to all or part of the Site without prior notice you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Muvment Music, or are otherwise inappropriate for continued access. You agree to defend, indemnify and hold Muvment Music, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software, or other materials on or through the Site by you.
Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MUVMENT MUSIC DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MUVMENT MUSIC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUVMENT MUSIC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. MUVMENT MUSIC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. MUVMENT MUSIC IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF MUVMENT MUSIC.
Limitation of Liability
IN NO EVENT SHALL MUVMENT MUSIC, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES, EVEN IF MUVMENT MUSIC OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF MUVMENT MUSIC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (ONE HUNDRED DOLLARS).
Links from and to the Site
You may be able to link to third party Web Sites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Muvment Music in any way and Muvment Music is not responsible for the content, availability, advertising, products, information, or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Muvment Music’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Muvment Music be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the Site’s administrator or Webmaster. Muvment Music reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users. Other sites may link to the Site only through a plain-test link. Permission must be granted by us for any other type of link to Muvment Music. To seek our permission, you may write Muvment Music. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Muvment Music or relating in any way to your use of the Site resides in the court, and you further agree and expressly consent to the exercise of personal jurisdiction in the court, in connection with any such dispute and including any claim involving Muvment Music or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms and Conditions of use should be directed to firstname.lastname@example.org.
© 2013-2014 by Muvment Music LLC™