Full Terms of Use Agreement
Effective Date: This Terms of Use Agreement was last updated on October 18, 2007.
This Terms of Use Agreement sets forth the standards of use of the getmusicservice.com domain (GMS) Online Service for Registered Members. By using the getmusicservice.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. By availing yourself of the website(s) (getmusicservice.com), materials or related services, you are consenting to and bound by these terms and conditions, such terms may be modified from time to time. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at getmusicservice.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Getmusicservice.com is not required to provide you with notification that any such modifications have been made to these Terms. Except as provided in this paragraph, this Agreement may not be amended. The Agreement is for an ongoing term, not specific in length, which may be terminated by either party without written notice. If getmusicservice.com believes you are misusing your access to the website (getmusicservice.com) or that your password / login information has been stolen, this Agreement will be terminated immediately. Upon termination of this Agreement, all of your license rights terminate.
Members and/or Subscribers to Getmusicservice.com
Members and/or Subscribers are Program Directors, Music Directors, Production Directors and Mixers of FCC-licensed radio stations and/or key music trend setters in the industry. Information provided by potential subscribers shall be verified. Upon verification, the Subscriber will receive a password to access the Materials on the Website. All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify getmusicservice.com of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of getmusicservice.com. Getmusicservice.com grants to you a non-exclusive, non-transferable, license to review and download Materials on the Website for broadcast purposes and DJ mixing purposes only. Except as set forth here, no title, rights or license to any software, documentation, hardware, or any intellectual property embodied or used in connection with the Materials, or the Website is transferred to you the member (subscriber).
Description of Service
Getmusicservice.com is providing Members Only, specific username and password protected accounts with access to either upload projects (songs, remixes, instrumentals, acapellas, interviews, ring tones, images, show prep information, banner advertisements, drops and videos) or download full or partial projects depending on the level of your membership. Getmusicservice.com reserves the right to choose the level of access each member has to the projects posted on getmusicservice.com. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees that relate to or with such connection.
Disclaimer of Warranties
The site is provided by getmusicservice.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, getmusicservice.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Getmusicservice.com shall have no liability for any interruptions in the use of this Website. Getmusicservice.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. Getmusicservice.com does not warrant the accuracy of the information provided by the Content Providers and/or posted on the Website. Nor does getmusicservice.com warrant that the Materials are appropriate for review by all Subscribers.
Limitation of Liability
Getmusicservice.com SHALL NOT be liable for any damages whatsoever, and in particular getmusicservice.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if getmusicservice.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold getmusicservice.com its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. You warrant that (a) You have the full right and power to enter into and perform this Agreement, and have secured all third-party consents, licenses and permissions necessary to enter into and perform this Agreement; (b) all factual assertions that You have made and will make to getmusicservice.com are true and complete; (c) Your use of the Website and the Materials, does not and will not violate any law, statute, ordinance or regulation. You agree to indemnify and hold getmusicservice.com, our officers, directors, members, employees, agents, licensees harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to all demands, claims and causes of action arising from Your breach or alleged breach of the representations and warranties described in this Section. Pending the resolution of a claim related thereto, getmusicservice.com should have the right to terminate this Agreement without notice. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate getmusicservice.com’s rights under this Agreement.
Rules of Conduct
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
· be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
· affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
· falsely state that you are a program director, music director, on air personality, mix-show DJ, and or an official representative of an approved record label.
· send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
· transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
· transmit, distribute or upload content or material that has been acquired through unlawful means or any means that infringes on a copyright. It is your responsibility to ensure you retain all proof of evidence for ownership of content or materials that are transmitted, distributed or uploaded to getmusicservice.com ;
· violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;
· modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site.
Uploading of Projects
Any Record Labels and/or Artists uploading Projects (songs, remixes, instrumentals, acapella versions, interviews, drops, show preparation materials, ring tones, videos, images and/or any additional information related to the release of an artist’s or record label’s release of a single song or album) to getmusicservice.com is granting full permission for all projects to be posted to our website (getmusicservice.com) with the understanding that they will be available for member download and used by these members for promotion, marketing, and on air radio play. Any projects uploaded to getmusicservice.com will be made available for download by getmusicservice.com members, and although all members are screened and checked before becoming members it is to be understood that there may be members that have falsified information about themselves and are given permission to download any and all projects hosted on getmusicservice.com. Getmusicservice.com is not responsible for the use of any project’s materials once it is downloaded by a member from getmusicservice.com. By uploading any projects or parts of a project to getmusicservice.com the individual or company uploading the project or part(s) of a project agrees that getmusicservice.com is in no way responsible for this material and in no way can be held accountable for any negative actions resulting from the uploading of these materials including loss of revenue, defamation of name or image, and/or any damages that may occur as a result of the uploading or downloading of any projects or part(s) of a project.
Modifications, Delays and/or Interruption to Service
Getmusicservice.com reserves the right to modify or discontinue the Service with or without notice to the Member. Getmusicservice.com shall not be liable to Member or any third party should getmusicservice.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that getmusicservice.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Getmusicservice.com shall not be responsible for delay in posting of Materials to the Website or your inability to review or download Materials, due to any reason, including, without limitation, acts of God, Your actions, a Content Provider's actions, rescheduling due to priorities or governmental acts, regulations or requests, fire, accident, strike, slowdown, war, riot, or delay in transportation.
Privacy / Tracking Services
Getmusicservice.com respects your privacy. In order to provide statistics to the companies providing Materials (the "Content Provider"), getmusicservice.com will track Subscriber's visits to the Website and the Materials reviewed by the Subscriber, with the approval and consent of the Subscriber (Subscriber Information), via the use of Cookies, and Servers. Getmusicservice.com also automatically receives and records information from our servers and from Subscriber's browser, including Subscriber's IP address, the time, and information about the page(s) Subscriber requested. No individual's identity will be disclosed to Content Providers, but information regarding your radio station and the Materials you review and download will be disclosed. It is Your responsibility to maintain the privacy of your password and login information.
Notices
Notices or communications under this Agreement shall be sent by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the following addresses: (a) if to getmusicservice.com, such notices shall be addressed to gms@getmusicservice.com, (b) if to You, such notices shall be addressed to the email address you provided when you subscribed to the Website. It is the member/subscriber’s responsibility to update their personal profile with an up-to-date and valid email address that is used by the member/subscriber.
Third-Party Sites
Our website may include links or banners that contain links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor (Record Labels) Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While getmusicservice.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Getmusicservice.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California. The Agreement shall be governed by and construed in accordance with, and all legal issues arising from or related to either party's use of, or participation in the Website or Materials shall be determined by the laws of the State of California without regard to that State's conflict-of-law provisions. The State and Federal courts of California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to the Agreement or the subject matter hereof. You consent to personal jurisdiction and venue in the appropriate court in Riverside County, California.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
The Content Providers retain ownership of any and all copyright, trademark, publicity, privacy and/or any other intellectual property rights they may have in the Materials. Getmusicservice.com retains ownership in the Website and any underlying programming, object code, source code, scripting, designs or systems therein. All Getmusicservice.com Website design, text, graphics (including button icons and images, but excluding Materials), graphics, interfaces, and the selection and arrangement thereof, and all getmusicservice.com software and programming are ©2007 getmusicserver.com, with all rights reserved and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of getmusicservice.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of getmusicservice.com.
Getmusicservice.com’s trademarks may not be used in connection with any product or service that is not provided by getmusicservice.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits getmusicservice.com.
All other trademarks displayed on getmusicservice.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with getmusicservice.com.
Botnets
Getmusicservice.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, getmusicservice.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by getmusicservice.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Getmusicservice.com’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. All headings in the Agreement are for convenience only and shall have no legal or contractual effect. You agree that getmusicservice.com and You are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture or agency relationship. This Agreement shall be binding upon and inure to the benefit of the parties hereto and there respective heirs, successors and assigns. Each provision of this Agreement shall be severable from every other provision of this Agreement for the purpose of determining the legal enforceability of any specific provision.
Entire Agreement
This Agreement sets forth the entire understanding and agreement of the parties as to this Agreement's subject matter and supersedes all prior proposals, discussions or agreements with respect to such subject matter.
IF YOU AGREE TO BE BOUND BE THESE TERMS AND CONDITIONS PLEASE FOLLOW THE DIRECTIONS BELOW: Your account for getmusicservice.com has been activated. Go to http://www.getmusicservice.com to sign in. If you experience any difficulties logging in please contact us at gms@getmusicservice.com
