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musicianDB

TERMS

  • Preface

    1. Usage agreement
      1. Eligibility
      2. Conditions
      3. Liability
      4. Prohibitions
    2. Registration
      1. Privacy and cookies
      2. Minors
    3. User content
      1. Accuracy
      2. Ownership
    4. Third party links
    5. Artist/musician/studio pages
      1. User generated information
      2. Information accuracy
    6. Release of reparations
      1. Release criteria
      2. Law
      3. Limitation of liability
    7. Copyrights, trademarks and intellectual property
      1. Protection
      2. Consent
      3. Intellectual property infringement
    8. Identity and intellectual infringement
      1. Identity theft
      2. Prohibitions
    9. Non-waiver
      1. Failure to exercise
      2. Binding provistions
    10. Member communications
      1. Instances
      2. Email
      3. Preferences
    11. Improvements/suggestions
      1. Development
      2. Waiver

     

    Disclaimers

    Terms violation

     

    musicianDB.com is an interactive database that networks album data allowing users and members to contribute, update and communicate. All musicianDB.com services are hosted within the United States and subject to US law. The following terms are legally binding and by using the site you agree to abide by the stated provisions. You will be bound to this agreement whether you are simply a "visitor" (meaning you are simply browsing the site without being a member), or you are a registered "member" of the site. From this point forward the term "user" refers both to visitors and members.

    To use this site you must read and agree to the terms. An indication of your acceptance of the terms will be a part of the registration process. If you do not agree with any portion of the terms, please leave musicianDB.com in order to avoid violation of the terms agreement. Any changes made to these terms will become effective upon their posting the musicianDB website and you will be bound to those changes. It is, therefore, imperative that you review this portion of the site frequently in order to ensure you are aware of any changes.

    Included in the terms are the policies, guidelines, rights and restrictions of site users and musicianDB.com services. Some musicianDB.com Services may require additional terms and conditions. Those additional terms are hereby incorporated into this Agreement unless otherwise provided by the additional terms and conditions applicable to the musicianDB.com Services in which you choose to participate.

    At its discretion, musician DB.com maintains the right to reject, modify or remove data (including personal data) that is contributed to the site. It also reserves the right to restrict, suspend, or terminate your usage of musicianDB.com at any time and for any or no reason with or without prior notice and cannot be held liable for doing so. Continuing to post false or misguiding, information to musicianDB.com or threatening in any way musicianDB.com or its users will result in the termination of your right to access and participate in the services of musicianDB.com and will do so at its discretion.

     

    These Terms shall continue in effect for as long as you use the Services, unless specifically terminated earlier by musicianDB.com. All provisions of these Terms that impose obligations continuing in their nature shall survive termination of these Terms.

     

    1. USAGE AGREEMENT
      1. In order to access the information on musicianDB.com, you must verify either that you are at least 13 years of age, or you can verify parental consent, in accordance with the Children's Online Privacy Act of 1998. Some material, however, will remain unavailable to children under 13. musicianDB.com membership is restricted to those at least 16 year old unless parental consent can be verified. If mature or adult content is located on the musicianDB.com website, individuals who are less than 18 years of age are not permitted to access such content under the laws of any applicable jurisdiction. Discrimination on the basis of age, gender, race, religion, nationality, ethnicity, sexual orientation, or any other protected status will not be tolerated by musicianDB.com or its users.
      2. In order to access and contribute to some portions of the site, registration may be required. musicianDB.com requires that the data you register about yourself and represent is true, accurate, current and complete, and that you frequently update that information in order to keep it accurate. If the information you submit is false in any way or if musicianDB.com suspects on reasonable grounds that it is not true, inaccurate, not current or incomplete, musicianDB has the right to suspend or terminate your account and/or restrict your current and future access. musicianDB.com does what it can to protect private information and data that is submitted to it.
      3. musicianDB holds that all data and information submitted in any way to or thorough musicianDB.com is the sole responsibility of the person from whom the content originated. musicianDB.com will do its best to ensure information is presented in a accurate way, but will not be held responsible for inaccurate information posted by users and cannot guarantee the integrity of third party content. musicianDB will not be held responsible for or be liable under any circumstance for user or third party content. This includes information that is offensive, or false or causes loss or damage of any kind because of how it is used. musicianDB.com is not required to, but reserves the right to, screen or monitor all data and information posted and contributed to musicianDB.com.
      4. In order to keep data and information posted on musicianDB.com appropriate, certain actions and postings are prohibited and musicianDB.com reserves the right to investigate and take appropriate legal action against those who violate the stated provisions in order to comply with laws and law officials. This action may include the removal of the contributed information or data, as well as the termination of the membership of the violator. The following is a partial list prohibited actions and postings and includes activities or content that:
        1. Contains information that you know to be false or misleading, or that is threatening, obscene, abusive, libelous, or encourages illegal activities.
        2. Violates any known copyright laws or infringes on an patent, trademark, service mark, trade secret,
        3. Supplies unauthorized personal contact information including telephone numbers, street addresses, email addresses, or URLs.
        4. Harasses or deliberately offensive to any person or group especially that which promotes hatred, bigotry, physical harm and racism.
        5. Promotes any form of illegal activity or instructions for illegal activity.
        6. Contains inappropriate nudity, violence or offensive subject matter including links to other sites that contain such content.
        7. Contains a photograph of another person without that person's consent.
        8. Involves either commercial activities such as contests, advertising, network marketing/pyramid schemes, and sweepstakes, or the spread of spamming in any of its forms including, but not limited to, "chain letters" and "junk mail".
        9. Copies and/or downloads be automated means, including spiders, robots, crawlers or the like, data from the musicianDB.com database.
    1. REGISTRATION
      1. All information gathered during the registration process is held in confidence and will not be sold to any third party. This is information is used so that we can effectively communicate with you, and improve the features offered to you. Some information will be shared with the parent and affiliated companies of musicianDB.com in order improve services offered to you. Some information is also gathered by automated means such as "cookies". In most cases, the use of cookies can be customized using the preferences of your browser.
      2. In order to register as a member of musicianDB.com, you must be able to verify that you are alt least 16 years of age. If you are not at least 16 years of age, you must have full parental consent. Violation of this restriction can result in the termination of your membership.
    2. CONTENT OWNERSHIP
      1. Mush of the data and information available at musicianDB.com is submitted by its users. By accepting these terms, you affirm that any information you submit is true, accurate, current and complete and agree to update that information periodically in order to maintain and ensure that it remains true, accurate, current and complete.
      2. You agree to take full responsibility and ownership of the information and data that you submit with the agreement that you content is in accordance with these terms.
    3. At times, links will be made available on musicianDB.com to third party sites. musicianDB.com will not be held responsible for the content of those sites including excerpts made available on musicianDB.com. Likewise, musicianDB.com cannot control links made from other sited to musicianDB.com or instances where a portion of musicianDB.com is made available on a third party website.
    4. ARTIST/MUSICIAN/STUDIO PAGES
      1. Because users submit a majority of the information and data available on musicianDB.com, it cannot guarantee its accuracy. It does however reserve the right to examine it and make appropriate changes to the data to ensure its accuracy.
      2. musicianDB.com recommends that artists, musicians and studio's take ownership of the information posted in the "information" section and on the message boards on their pages in order to ensure the information is accurate. Changes can also be made by request through contacting musicianDB.com customer service.
    5. RELEASE OF REPERATIONS
      1. By using musicianDB.com in any of its capacities, you hereby agree to release musicianDB and any of its official associates (persons or companies), 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 services or to any disputes regarding use of ideas and/or related materials submitted to musicianDB.com.
      2. You also agree to waive all laws that may limit the efficacy of such releases.
      3. Any claim made against musicianDB.com must be made within 1 year after such claim or cause of action arises regardless of any statute or law to the contrary. Failure to comply will result in its dismissal and will be of no legal significance.
    6. COPYRIGHTS, TRADEMARK and INTERLECTUAL PROPERTY
      1. All logos or marks presented on musicianDB.com are owned by musicianDB or the user who submits them and are therefore protected under applicable copyright and trademark laws.
      2. You may not use any of marks or logos presented on musicianDB.com without express written consent from the owner of the mark.
      3. musicianDB.com takes intellectual property infringement very seriously and will investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
    7. IDENTY and INTELECTUAL INFRINGEMENT
      1. Because of the nature of the data on musicianDB.com, impersonations or the misrepresentation of any person or data will not be tolerated. To create, contribute, or edit information under a name or identity that leads anyone including musicianDB to believe you are someone you are not is strictly prohibited. This will be considered identity theft and will be punished to the full extent of the law.
      2. Prohibited actions include but are not limited to the following:
        1. Impersonating an official of musicianDB or its affiliates and associates.
        2. Posting information on musicianDB.com that leads to the perception that you are someone you are not.
        3. Attempting to "own" an artist/musician/studio page without the proper authority and proof of identity as the artist or musician or a legal representative of the artist, musician or studio.
        4. Posting on a message board or contributing information and data impersonates or under a name that is misleading or denigrates a person, band, studio, or organization.
    1. NON-WAIVER
      1. If musicianDB fails to exercise any right or provision of these terms, this does not signify a waiver of such rights and provisions.
      2. If any provision of these terms is found to be legally invalid, the intentions of the provision shall remain binding and not discredit the other portions of the terms.
    2. MEMBER COMMUNICATIONS
      1. musicianDB.com reserves the right to send you communications to you in order to complete the registration process, as well as give you necessary information.
      2. Most communications will be sent to you vie the email you provided during registration. It is, therefore, imperative that you provide us with and keep current an active email address to which you have exclusive access.
      3. You may also receive communications about certain features and updates as well as general site information. Some of these communication preferences may be available to edit via your personal settings.
    3. IMPROVMENTS/SUGGESTIONS
      1. musicianDB.com will continue to develop and improve its features and content desires to make you a part of our development.
      2. If in any way, a suggestion or idea made by a user is used in the development of musicianDB.com and its services, it is understood that musicianDB.com holds itself under no obligation of confidentiality or expectation of compensation. You also agree that you are the source of the presented idea and are free to provide it without legal obligation to any person or organization. All rights to the submitted information will be waived.

    DISCLAIMERS and LIMITATION OF LIABILITY: THE PRODUCTS AND SERVICES ARE 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, musicianDB.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, musicianDB.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. musicianDB.com SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT musicianDB.com DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. musicianDB.com DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. musicianDB.com DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. musicianDB.com MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY musicianDB.com

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES 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.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL musicianDB.com OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF musicianDB.com 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 PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (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 PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. 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 PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, musicianDB. 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, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT musicianDB.

    UNDER NO CIRCUMSTANCES SHALL musicianDB.com 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 FOREGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

    The services offered by musicianDB.com are subject to these terms. Failure to comply can result in legal action against you and the termination of your membership and right to use its services.

    Please contact musicianDB.com if you are aware of any violation to these terms.

    Last updated august, 2007

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