SHOWYOURMUSIC'S TERMS OF SERVICE
Last Updated: September 8, 2009
INDEX 1. Terms of Use 2. Showyourmusic Privacy Policy 1. TERMS OF USE 1). Welcome at ShowYourMusic Beta version 0.5
It's is a service that allows music people and businesses to look at, listen to music and/or to suggest to make new music to fullfill new music entertainment needs.
Professional music users can request music to be made by assembling new music genre combinations, and styles and present it to other registered music supplying members (like artists, producers, labels etc).
Where music creators ("Music Suppliers") can upload new music tracks to promote new genres for new and old markets of their choice, to upload pictures and to sell music. For Music Users (like video game directors, radio programmers) it is possible to Purchase, License, and Download music.
Both music suppliers and music users can promote their music ideas and set their budget for their music works they need or offer. ShowYourMusic is an online aggregator for music offering and using music professionals and theirs skills only, with online tools that empowers both music creators and music users to provide new and different music by price, genres, and styles.
We take only 15% service fee from all sales transactions to maintain and build this online Music Service.
ShowyourMusic helps music professionals to stimulate music business by connecting new musical desires to people.
Offer music to or demand music from music artists, producers, managers and other people involved in new music development.
At this website you can assemble the music you are offering or looking for, whether it's still in production or ready for sale.
Invite friends to show your music to; here it's your music show!
Showyourmusic: "your music show"
2). Introduction
At ShowYourmusic.com, the objects of this music business website community are:
1. To bring together professional music content providers ("Music Suppliers", like performing Artists, Composing producers) and music content users ("Music Users").
2. To stimulate business between music and people.
3. To encourage the publication, sharing, production, development, management, marketing and distribution of digital music audio tracks ("Tracks").
4. To maintain a library of Tracks available for registered Users, whether these tracks are still in production ("In Production") or ready for sale ("Ready for Sale") .
5. To connect music offers and requests on a creative and business level.
*Make your music, and present it to the markets of your choice.
*By Signing up become eligble for music business markets of your choice (like a music producer is looking for a singer or a commercial director offering a music idea for a jingle)
*Network with the best music performers, managers, producers and more.
3). Ownership of Site; Agreement to Terms of Use
4). Public Beta Disclaimer Version 0.5
You ("User", "Visitor" of the Site) understand and acknowledge that ShowYourMusic is being provided as a "Public Beta", and is made available on an "AS IS" and "AS AVAILABLE" basis for the purpose of providing ShowYourMusic with feedback on the quality and usability of the Site.
The Site may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. ShowYourMusic strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Site. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, ShowYourMusic is not obligated to provide any maintenance, technical or other support for the Site.
5). Changes
ShowYourMusic reserves the right to modify, suspend or stop the Site (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, ShowYourMusic may provide notice of any such changes to the Site by posting them on its websites and/or via the Site. You agree that ShowYourMusic shall not be liable to you or any third party for any modification or cessation of ShowYourMusic. You acknowledge that ShowYourMusic has no express or implied obligation to provide, or continue to provide, the Website, or any part thereof, now or in the future; and in addition, ShowYourMusic may at any time, upon prior notice as required by applicable law, institute charges or fees for the Web Site Service.In addition ShowYourMusic reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ShowYourMusic grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
6). Content
All sounds, music, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, Music Work and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ShowYourMusic, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ShowYourMusic's express prior written consent. You may use information on ShowYourMusic products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ShowYourMusic for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
7). Site Use
8). People Under Age 18
People under age 18 are not permitted to register for the ShowYourMusic Web Site. ShowYourMusic does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the ShowYourMusic. If you are under 18, please do not register for the ShowYourMusic Music Web Site send any information about yourself to ShowYourMusic, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on the ShowYourMusic Web Site. In the event that ShowYourMusic learns that it has collected personal information from a person under age 18, without verification of parental consent, ShowYourMusic will delete that information as quickly as possible. If you believe that ShowYourMusic might have any information from or about a person under 18, please contact us at info @ ShowYourMusic.com.
9). Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of music tracks or services and to specific portions or features of the Site, including contests, offerings through ShowYourMusic, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.ShowYourMusic's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.ShowYourMusic may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ShowYourMusic makes no commitment to update the materials on the Site with respect to such products and services.
10). Accounts, Passwords and Security
11). Privacy
12). Links to Other Sites and to the ShowYourMusic Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ShowYourMusic's control, and ShowYourMusic is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
13). Disclaimers
SHOWYOURMUSIC DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SHOWYOURMUSIC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SHOWYOURMUSIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOWYOURMUSIC 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 SHOWYOURMUSIC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SHOWYOURMUSIC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ShowYourMusic reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
14). Limitation of Liability
Except where prohibited by law, in no event will ShowYourMusic be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ShowYourMusic has been advised of the possibility of such damages.If, notwithstanding the other provisions of these Terms of Use, ShowYourMusic is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ShowYourMusic's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against ShowYourMusic (but not including the purchase price for any ShowYourMusic hardware or software products or any ShowYourMusic program or similar support program), or (2) €100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
15). Indemnity
You agree to indemnify and hold ShowYourMusic, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against ShowYourMusic by any third party due to or arising out of or in connection with your use of the Site.
16). Volunteers and ShowYourMusic
ShowYourMusic appreciates the significant contributions made by volunteers, who assist ShowYourMusic in its efforts to provide high quality, community driven online services. To help achieve this goal, ShowYourMusic volunteers perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML, BML, and other formats), graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.
By accepting these Terms Of Service, any ShowYourMusic member agrees that the intellectual Content created as a result of volunteer work for ShowYourMusic constitutes intellectual property of ShowYourMusic and that all rights in said Content shall vest in ShowYourMusic at the time that it is created, to the extent permitted by law. In case laws prevent such vesting, the volunteer makes assignment of all such rights to ShowYourMusic at the time of creation. If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to ShowYourMusic to use said Content. If laws prevent such licensing, the volunteer agrees never to sue ShowYourMusic for the use of said Content.
The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer's knowledge, the electronic data is not claimed by another. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities.
Furthermore, if said work is found to be illegally presented, claimed, or forged, ShowYourMusic may remove such material and, at ShowYourMusic's discretion, seek action against the individual(s) from which the work originated. No ShowYourMusic user is required to become a volunteer to this Service, and users without volunteer status will receive reasonable support and attention as well. Without the expressed written confirmation to the contrary, all ShowYourMusic positions are assumed to be taken without pay or future consideration.
17). Violation of These Terms of Use
ShowYourMusic may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ShowYourMusic's rights or property, or the rights or property of visitors to or users of the Site, including ShowYourMusic's customers. ShowYourMusic reserves the right at all times to disclose any information that ShowYourMusic deems necessary to comply with any applicable law, regulation, legal process or governmental request. ShowYourMusic also may disclose your information when ShowYourMusic determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.You acknowledge and agree that ShowYourMusic may preserve any transmittal or communication by you with ShowYourMusic through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ShowYourMusic determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ShowYourMusic, its employees, users of or visitors to the Site, and the public.You agree that ShowYourMusic may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ShowYourMusic, for which monetary damages would be inadequate, and you consent to ShowYourMusic obtaining any injunctive or equitable relief that ShowYourMusic deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ShowYourMusic may have at law or in equity.You agree that ShowYourMusic may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.In case ShowYourMusic does take any legal action against you as a result of your violation of these Terms of Use, ShowYourMusic will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to ShowYourMusic. You agree that ShowYourMusic will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
18). Member Disputes.
You are solely responsible for your interactions with other ShowYourMusic Members. ShowYourMusic reserves the right, but has no obligation, to monitor disputes between you and other Members. [!!!!]
19). Governing Law; Dispute ResolutionYou agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Netherlands and by the laws of the European Union without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the federal courts in Amsterdam, the Netherlands and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within six months (6) after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between ShowYourMusic and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
20). Void Where Prohibited
ShowYourMusic operates and administers the www.showyourmusic.com web site from its location in Amsterdam, the Netherlands, Europe. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Netherlands. ShowYourMusic reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the European Union, you do so on your own initiative and you are solely responsible for complying with applicable local laws
21).Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation of Dutch laws and regulations.If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ShowYourMusic with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ShowYourMusic with respect to such use are hereby superseded and canceled. ShowYourMusic will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ShowYourMusic's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ShowYourMusic of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ShowYourMusic and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
22).Downloading Music.
Any download or download purchase of a digital musical file from this Website shall entitle you to personal use of such digital music file throughout the world for the life of the copyright in the sound recording and the musical work embodied in the sound recording.
Your use of any purchased digital musical file shall allow you to transfer the file from your own computer, portable music device or to burn the same on a digital music storage media, but shall not entitle You to transfer such digital music file to any third party or to place such digital music file on a peer-to-peer network or to transfer such digital music file to any media that is not solely owned and controlled by You. You acknowledge and agree that to violate the terms as set out above shall constitute a copyright infringement under applicable laws, and legislation set by all signatories to the international Berne Convention for the Protection Of Literary and Artistic Works.
23).Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. ShowYourMusic shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice. Copyright © 2009 ShowYourMusic. All rights reserved.
2. SHOWYOURMUSIC PRIVACY POLICY
Use of the ShowYourMusic Website and/or the Service is also governed by our Privacy Policy:
Information Collection and Use by ShowYourMusic
To facilitate searching on the Website, ShowYourMusic allows users to search for music using band name, artist name, act name, or company name. We may also use a user's email address to send updates, a newsletter or news regarding the Service. Users may choose not to receive email of this type by changing their "newsletter" setting in the user "Profile".By accepting any Music User License Agreement ("MULA"), Terms of Service or Terms of Use concerning the Service which refer to and incorporate the terms of this Privacy Policy, you accept this Privacy Policy and fully understand and unambiguously consent to the collection and processing of any information you provide to us.
Information We Collect.
Sharing Personal Info.
We may share your personal information or other information as may be required by law, legal process or court order, to protect the personal safety or property of you, our users, the public, our licensors or ourselves, and as may be required to respond to an inquiry, request or complaint you have made (such as with ShowYourMusic Customer Support).
Anonymous and Aggregated Info.
We may share anonymous and/or aggregate information about our visitors with advertisers, business partners, affiliate marketing companies sponsors and other third parties. We are required to provide anonymous reports to our licensors and owners of content available at the Service, concerning downloads, burns, transfers, preview clips and other information related to user activity.
No-Spam Policy.
Other Communications.
The Service may have certain features that allow you to send information to others (such as a "Invite" feature). In certain circumstances, such as when we receive specific complaints related to a particular message or when we are compelled to do so by law, we reserve the right to monitor messages sent via the Service, such as to check for abusive language or infringing content, and may alter or block such messages. Also for administrative purposes, we will keep a mail log that will include a record of which users sent messages and to which users or email addresses they were sent.
Security and Access.
Changing Your Personal Information.
Changing This Privacy Policy.
Definitions.
"Privacy Policy" refers to this privacy policy, which may be amended from time to time by us in accordance with Paragraph "Changing This Privacy Policy" ."Service" refers to: (i) the ShowYourMusic Website, (ii) online stores branded, co-branded, and/or enabled by us, (iii) any content on, or services related to, the ShowYourMusic Website and online stores branded, co-branded, and/or enabled by us, and (iv) Software."Software" refers to the software application and all updates thereto owned by or licensed to us, which provide access to the Service once installed to the hard drive of your personal computer (including automatic updates to the such software, which may be installed to your personal computer by the Service without further notice) and any security components that permit digital files to be used only as permitted by the terms of any applicable MULA and usage rules set by us and/or our licensors."ShowYourMusic", "We", "Us", and "Our" refer to ShowYourMusic (or a subsequent owner or operator of the Service if we or one of our companies assigns our rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of our assets related to the applicable site or service to a subsequent owner or operator)."ShowYourMusic Account" means a user account registered with the Service."ShowYourMusic Client Service" refers to the Client Service available to you concerning the Service. For certain portions of the Service when you contact ShowYourMusic Client Service, you may be contacting Client Service representatives of companies that we have engaged to provide support for those portions of the Service."ShowYourMusic Website" refers solely and collectively to our web site currently located at http://www.showyourmusic.com, and any successor web site.
Questions.
If you have any questions or comments about our personal information practices or about this Privacy Policy, please contact Customer Support at: info@showyourmusic.com.