1. Introduction
These Terms and Conditions ("Terms") describe how Music Co LLC ("Company," "we," and "our"), located in Oregon, regulates your use of this website http://www.musiccoast.com (the "Website" or "Service").
Please read the following information carefully to understand our practices regarding your use of the Website. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using available means of communication. We recommend that you check the Website frequently to see the current version of the Terms and their previous versions.
If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent.
2. Eligibility and Registration
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 years old, you may not use the Website and may not enter into these Terms under any circumstances.
When using the Website, you shall be responsible for ensuring the confidentiality of your account, password, and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content at our sole discretion.
3. Privacy Policy
Our Privacy Policy is available on a separate page. Our Privacy Policy explains how we process information about you. By using the Website, you acknowledge that the processing of this information shall be undertaken in accordance with the Privacy Policy.
4. Use Restrictions and Conduct
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Website from one device in accordance with the Terms. You agree that you will not under any circumstances:
- Use the Service for any unlawful purpose or for the promotion of illegal activities;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Attempt to harass, abuse, or harm another person or group;
- Use another user’s account without permission;
- Provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Service;
- Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
5. Fees and Payments
We may, at our sole discretion, set fees for using the Website. All prices are published separately on relevant pages on the Website. We may, at our sole discretion, change any fees at any time.
We may use certified payment systems, which may also have their own commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their respective websites.
6. User Content and License Grant
By posting, uploading, inputting, providing, or submitting your Content, you warrant and represent that you own all of the rights to your Content.
You expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
7. Intellectual Property
All content present on the Website includes text, code, graphics, logos, images, compilation, and software used on the Website (the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws. You agree to observe all copyright and other proprietary notices or restrictions contained in the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your use of the Website shall not entitle you to make any illegal or unauthorized use of the Content. The Company does not grant you any licenses to the intellectual property of the Company except as expressly authorized in these Terms.
8. Copyright Complaints (DMCA)
The Company respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the following information in writing to the Company’s designated copyright agent:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed;
- A description of the material that is claimed to be infringing and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Third-Party Services
The Website may include links to other websites, applications, and platforms ("Linked Sites"). The Company does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. Inclusion of, linking to, or permitting the use or installation of any Linked Site does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access Third-Party Sites, you do so at your own risk.
10. Disclaimer of Warranty
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, HOWEVER ARISING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Indemnification
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), and liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website or its services, your violation of the Terms, or your violation of any rights of third parties, or your violation of applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
13. Termination
The Company may terminate your access and account to the Website and its related services or any part at any time, without notice, in case of your violation of the Terms.
14. Governing Law and Dispute Resolution
The governing law of the Terms shall be the substantive laws of Oregon, without regard to conflict of laws rules. You shall not use the Website in jurisdictions that do not give effect to all provisions of the Terms.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Website or the Terms, you and the Company agree to attempt to resolve such controversies by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country/state where the Company is set up.
15. Contact Information
We welcome your comments or questions about our Terms. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days.
Contact: http://www.musiccoast.com