TERMS & CONDITIONS OF SERVICE
MODIFICATIONS AND AMENDMENTS
These Terms and Conditions of Use ("Terms and Conditions") are effective and binding by and between Streamingmusic.com, ("SM"), and YOU, as of the moment you start using the the ("SM" ) site.
If YOU wish to customize any of the terms below, "SM" may be able to accommodate your request if SM deems such customization beneficial to both YOU and SM. To request changes, please contact us at Contact@Streamingmusic.com.
In consideration of the promises and mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
SM shall operate and allow you to access its worldwide internet website located at www.Streamingmusic.com (the "Site"), for the purpose(s) of providing or downloading music for streaming, broadcasting and podcasting via the worldwide web (the Internet), FM, AM, Satalite, and any other Radio Stations, including those not yet invented and/or developed.
In using the Site, you agree that you will abide by the following conditions in the categories as follows:
1.) Proprietary Rights. You acknowledge and agree that SM owns and shall continue to own the copyright in the Site, which is intended for your personal, noncommercial use. All materials published on the Site are protected by copyright and owned and controlled by SM, or the party credited as the content provider. You agree that you will abide by all additional copyright notices, information, or restrictions and refrain from storing, copying, publishing, transmitting, selling, reproducing modifying or in any way exploiting the underlying code, content, or other elements of the Site in whole or in part. Further, you acknowledge and agree that SM's compilation of Artists, to indicate the popularity of respective artists and their music, is of a news reporting nature and therefore SM's use of images, names, music, etc. falls under the protection of the Fair Use Doctrine of Section 107 of the US Copyright Act. Such materials when posted to the SM Site are for the benefit of the owners as it provides them with exposure, nonetheless, content owners may request SM to remove such content at anytime by submitting a request in writing by fax or email
The Site contains content ("Third Party Content") created by third-parties ("Third Parties"). Third Party Content which includes any text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, unless expressly agreed to by SM in writing. Third Party Content or any portion thereof may not be stored in a computer or otherwise by you except for personal and non-commercial use. SM and Third Parties will not be held liable in any way to the you or to any other person or entity including those who may receive information from the Site, for any delays, inaccuracies, errors or omissions, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
2.) Rights of Publicity and Privacy. You shall not use the Site in a manner that infringes upon the rights of publicity or privacy, or is in any way defamatory, of any person or entity. You shall not post material that is knowingly false, abusive, vulgar, hateful, harassing, inaccurate, obscene, profane, sexually oriented, threatening, or otherwise in violation of any law. SM reserves the rights to remove any material it deems in violation of this condition.
A. Grant of Rights. You agree that any submission to the Site by you of any music composition, sound recording, performance or other information ("Materials"), constitutes a perpetual, royalty free, non-exclusive grant and license to SM to display, use, modify, copy, reproduce and distribute all such Materials in any media, mode, format, or technology existing now or created in the future. Additionally, you agree that in order to reproduce and/or distribute the Materials, SM has the right to use your name, likeness and other information provided in your registration form (see 3e hereunder).
B. Indemnification. You agree that your submission constitutes your indemnification of SM as follows: You indemnify, defend and hold SM harmless for any claim, loss, liability and/or damage(s) stemming from the use or distribution of the Materials. You further indemnify, defend and hold harmless SM, and its officers, directors, owners, agents, employees, affiliates, licensors and licensees from and against any and all liability, costs and reasonable attorneys' fees, incurred by any claim arising out of any breach by you of these Terms and Conditions. SM reserves the right to assume defense of any claim, and you agree to exercise reasonable cooperation in the defense of any claim.
C. Content Warranty. You warrant, represent, and agree (a) that no materials of any kind submitted through your account (if created) infringe, plagiarize, or violate the rights of any third party, including specifically: copyrights, trademarks, privacy or other personal or proprietary rights. In its sole discretion, SM expressly reserves the right to delete or edit content that it considers violative of copyright or trademark laws or otherwise unacceptable.
D. Waiver. You expressly waive all rights in having the Materials altered or changed in a manner not agreeable to you since your submissions to the Site may be edited, removed, published, modified, sent or displayed by SM at its sole discretion.
E. Your Information. The Site may utilize content provided in your registration materials which may include photographs, biographical material, logos, graphics, audio and/or video material. SM will not be held liable in any way to you or to any other person or entity including those who may receive information from the Site for said use.
If SM requires a username and password for your account on the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. SM requires the immediate notification of any unauthorized use of your password or account or any other breach of security. You are responsible to exit from your account at the end of each session. SM expressly disclaims any liability for any loss or damage arising from unauthorized use of your username and/or password. At SM's sole discretion, your account may be immediately terminated should any fraudulent, abusive, or otherwise illegal activity occur on your part, and SM reserves the right to refer you to appropriate law enforcement agencies.
Except as otherwise provided for Artist Submissions, access to and use of the Site is currently free of charge. SM reserves the right to charge a fee for access to or use of the Site at any time in the future; however, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. Access to or use of the Site before such time does not entitle you to use of the Site without charge in the future. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes rating to your use of the Site through your account.
EXPENSES AND SUPPORT
Except as otherwise set forth in these Terms and Conditions, each of the parties shall pay its own costs and expenses associated with performing its respective obligations under these Terms and Conditions; this includes but is not limited to the costs of acquiring and operating software, technical support for software, and Internet connectivity and bandwidth charges. SM does not offer technical support for any third party software, whether or not used directly in connection with the Site.
Certain Site services may allow you to upload, transmit and share content you provide ("Your Content") with third parties. SM takes no responsibility and assumes no liability for any of Your Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any of Your Content that you upload, download, stream, post, transmit, display, or otherwise make
SM collects e-mail addresses and other information of those who communicate with us via e-mail, phone, or other method, aggregate information on what pages individuals or businesses access or visit, information volunteered by individuals or businesses, such as survey information and/or site registrations and/or signup. The information we collect is used to improve the content of our Web Site, and may be used to contact individuals and businesses for marketing purposes or may be used by third party use. From time to time, we may use customer information for new, unanticipated uses not previously disclosed. If you are concerned about how your information is used, you should check back at our Web site periodically. If you do not want to receive e-mail from us or third party use in the future, please let us know by sending an e-mail to us with "UNSUBSCRIBE" in the subject line.
If you desire to have your Materials removed from the Site, please delete materials as specified in the Artist Submission Agreement. However, SM cannot guarantee that your Materials will be completly removed from the Site, nor from any third party devices, computers, or other repositories, nor that other people will not misuse any material that you supply.
In addition to the above, you acknowledge and agree that SM may access, review, store, modify, reproduce and/or disclose, as applicable, any of Your Content if required to do so, or if SM has a good faith belief that it is required, by law, court orders or other legal processes, to enforce this Agreement, to respond to any claims that Your Content (or your use of the same) violates any third party's rights, or to protect the rights, property or personal safety of SM, its business partners, affiliates, licensors and/or licensees, or the general public.
OBJECTIONABLE OR EXPLICIT CONTENT
SM may, in its discretion, create a system or method by which you may report to SM any content, material or other aspect of the Service that you might find objectionable. You acknowledge and agree that, such a system or method not withstanding, in no event is SM in any way responsible to you for any content or materials constituting all or part of any Material or any other aspect of the Service that you might find objectionable.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant, now and in the future, that:
1. Your Materials contain no viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content which may compromise the Service;
2. Your Material does not advocate or link to, promote, or constitute any prohibited or illegal content or activity;
3. You will not use the Site to post or transmit any unsolicited advertising, campaigning or promotional materials or to send any content or communication from an anonymous or false address; and
4. You will not mislead third parties as to your identity or to the origin of a message or content.
DISCLAIMERS THE SM SITE, SERVICES AND MATERIALS ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. (SM), ITS AFFILIATES, LICENSORS AND SUPPLIERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "SM PARTIES") MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIM AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE SM PARTIES MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE ACCESS TO, THE OPERATION, OR THE FUNCTIONS CONTAINED IN THE WEBSITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE, SERVICES OR SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL THE SM PARTIES, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE MATERIALS.
LIMITATIONS ON LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT WILL THE SM PARTIES, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT, OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF THE SITE,SM, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY FAILURE OR OMISSION BY SM CONSTITUTING A BREACH OF SM'S OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, THE DAMAGES, IF ANY, TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO ANY INJUNCTIVE OR EQUITABLE RELIEF AND CONSEQUENTLY YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE OR INJUNCTIVE RELIEF.
SM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES PROVIDED.
THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU ACCEPT THE LICENSE AGREEMENT, IF ANY, THAT ACCOMPANIES ANY MATERIALS.
You agree to indemnify and hold SM and its directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, legal fees and costs) resulting from any claims that you assert, or may assert, based on or relating to your use, of this website. You further agree to indemnify and holdSM and its directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, , legal fees and costs, that result in whole or in part from violations by you, or any individual using your password, of any of these Terms and Conditions. SM reserves the right to assume defense of any claim and you agree to exercise reasonable cooperation in the defense of any claim.
A. Choice of Law and Forum
You agree that these Terms and Conditions shall be construed and interpreted pursuant to the Laws of the State of California as it applies to contracts entered into and performed wholly within California, without regard to its conflicts of laws provisions. You agree that all matters relating to your access to or use of the Site, including all disputes and any legal proceedings, shall be brought in the Federal District Court, Central District of California, or, in the event that such court lacks jurisdiction, in the Superior Court of the State of California, County of Los Angeles, to the exclusion of any other forum, and you hereby submit to the exclusive jurisdiction of the aforesaid courts and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or any such claim or cause of action is forever barred. In the event of any such claim, the prevailing party shall be entitled to recover reasonable legal fees and costs.
The provisions of these Terms and Conditions shall be deemed severable and if any part of any provision is held illegal, void, or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding. If any provision of these Terms and Conditions is held illegal, void, or invalid in its entirety, the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired but shall remain binding in accordance with their terms.
B. Modifications and Amendments
SML may modify these Terms and Conditions at any time. Your continued use of the site, after notice of any modification or amendment, shall constitute acceptance of these Terms and Conditions as so modified or amended. If any change is unacceptable to you, you may so notify SM, which shall make, at its sole discretion, the decision that the change will not apply to you.
C. Geographic Limitations
Although the Site may be accessible worldwide, all features, products, or services provided or offered thereon may not be available to all persons or in all geographic locations, or appropriate or available outside of the United States. SM reserves the right to limit, in its sole discretion, the provision of any feature, product or service to any person or geographic area. If you choose to access the Site from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for complying with any applicable local laws.
No waiver of or failure to enforce a provision of these Terms and Conditions or any default hereunder shall affect the waiving party's rights thereafter to enforce such provisions or to exercise any right or remedy in te event of any other default, whether or not similar.
E. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and SM with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SM with respect to such use are hereby superseded and cancelled.