1.1 Music 4 Media
Inc. owns and operates the music4media.net website. Any person who
wishes to use the Service provided by Music 4 Media Inc. must agree
(the "Agreement"), which is a binding Agreement between
you and Music 4 Media Inc.
1.2 REGISTERING FOR OR USING THE SERVICE, OR DOWNLOADING/STREAMING
MUSIC AND/OR INSTALLING THE SOFTWARE, INDICATES YOUR AGREEMENT TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
ALL POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE. IF YOU
DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT,
DO NOT DOWNLOAD AND/OR PLAY/USE MUSIC.
2.1 You agree to abide by all
applicable local, state, national and international laws and regulations
regarding your use of our service.
ELIGIBILITY TO BECOME
3.1 Our services are only offered
to individuals who are over thirteen (13) years of age. If you do
not qualify, please do not use our services. This site is intended
for PROFESSIONAL MUSIC BUYERS.
RESPONSIBILITY OF PARENTS
4.1 The Services of Music 4 Media Inc. is planned
to appeal to a wide viewers. It is your liability, as a parent, to
decide whether any segment of the Service is unsuitable for your child.
LICENCE TERMS AND CONDUCT
5.1 A visitor of this website
is allowed to browse, search and listen to the music listed on music4media.net
subject to fulfilling and adhering to the followings terms and conditions:
5.1.1 Visitor shall use this
website for lawful purposes only.
5.1.2 No Visitor may modify, publish, transmit,
participate in the transfer or sale, create derivative works, or
in any way exploit, any of the audio content, in whole or in part.
5.1.3 Music 4 Media Inc. grants you an individual,
non-exclusive, non-transferable and royalty-free right to download/stream,
listen, install and use the Music as permitted under this Agreement.
One has to pay the licensing fee prior to downloading/receiving
the particular music file to acquire a valid license for commercial
5.1.4 Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted
without the express written permission of Music 4 Media Inc.
5.1.5 Visitor acknowledges that he/she does not
acquire any ownership rights by downloading copyrighted material.
5.1.6 User is not authorized to make any direct
representation or offer to any of the artist, who’s work is
listed on this website or attempts to infringe the third party rights
or to advertise or any solicitation with respect to products or
services, unless Music 4 Media has expressly approved such actions
5.2 Any conduct by a Visitor that
in Music 4 media's discretion restricts or inhibits any other Visitor
from using or enjoying music4media.net is expressly prohibited.
5.3 This Agreement shall continue
in force until terminated by Music 4 Media Inc. or instantaneously
on any failure by you to comply with the limitations set forth in
6.1 The Music, Software, Service
and Site are the property of Music 4 Media Inc. and are protected
by U.S. and international copyright and intellectual property laws
and treaty provisions. All rights to patents, copyrights, trademarks
and trade secrets in the Music, Software, Service and Site or any
modifications to these shall be and remain in Music 4 Media Inc. and/or
its licensors. You may not modify, alter, translate, reverse engineer,
disassemble or create derivative works based on the Music, Software,
Service or information on the Site, remove any proprietary notices
or labels that they contain or export, sell, license, rent, lease
or transfer rights to the Music, Software, Service or information
on the Site. All contact information regarding any client we represent
or allow to use our service is considered confidential and may not
be used or reproduced without Music 4 Media, Inc. consent and the
consent of all clients or users we represent. No contact will be made
to any client introduced through our site from any user of our site
without Music 4 Media, Inc. written consent. All inquiries to made
to any client we represent by user of site/services will be made directly
to Music 4 Media, Inc.
7.1 The Music, Service, and all
content included therein, such as text, graphics, logos, button icons,
images, audio clips, and software, is the property of Music 4 Media
Inc. or its content suppliers and is protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement,
and assembly) of all content on the Service is the exclusive property
of Music 4 Media Inc. and protected by U.S. and foreign laws and international
copyright treaties. The Music and Software is the property of Music
4 Media Inc. and protected by U.S. and international copyright laws.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the content
on the Service is strictly prohibited.
8.1 Music 4 Media Inc. shall have
the right to modify or append to the terms of this Agreement at any
time and to change, discontinue or impose conditions on any aspect
of the Service. Such changes shall be effective upon posting of the
revisions on the web site.
9.1 The Service and the Site may
contain links to other web sites operated by third parties. Such linked
web sites are not under the control of Music 4 Media Inc. and Music
4 Media Inc. is not accountable for the contents of any such linked
web site or any link contained in a linked web site, or any changes
or updates to such sites.
Music 4 Media Inc. may illustrate you advertisements from third parties
in various forms. Music 4 Media Inc. does not make any representation
or warranty with respect to the content of said advertisements nor
any goods or services, which may be obtained from such third parties,
and users, agree that Music 4 Media Inc. shall not have any liability
with respect thereto.
DISCLAIMER OF WARRANTIES
/ LIMITATION OF LIABILITY
11.1 THIS WESITE MAY CONTAIN SOFTWARE
BUGS THAT COULD CAUSE UNANTICIPATED CONSEQUENCES THROUGH ITS USE.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE
SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR
CONDITIONS OF ANY KIND WHATSOEVER.
11.2 MUSIC 4 MEDIA INC. DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE NON-INFRINGEMENT, MERCHANTABILITY,
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR FITNESS
FOR ANY PURPOSE OF THE MUSIC, SOFTWARE AND THE SERVICE OR THAT THE
OPERATION OF THE MUSIC, SOFTWARE AND THE PROVISION OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEB SITE, INCLUDING ANY CONTENT
OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR
ANY PRODUCT OR SERVICE AGREEMENT PURCHASED THROUGH THE SITE, IS PROVIDED
ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. THE WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED
HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER
OF THAT PRODUCT AND/OR SERVICE AND NOT BY MUSIC 4 MEDIA INC.
11.3 MUSIC 4 MEDIA INC. SHALL
IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, INJURY OR DAMAGE
CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS
OF, THE MUSIC, SOFTWARE AND/OR THE SERVICE. MUSIC 4 MEDIA SHALL IN
NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST
PROFITS OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE USE OR
INABILITY TO USE THE SOFTWARE AND/OR THE SERVICE OR ANY DECISION MADE
OR ACTION TAKEN BY YOU IN RELIANCE ON THE SOFTWARE AND/OR THE SERVICE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE MUSIC, SOFTWARE AND THE PROVISION
OF THE SERVICE IS WITH YOU AND SHOULD IT BE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS.
11.4 NEITHER MUSIC 4 MEDIA INC.,
ITS EMPLOYEES, AGENTS AND SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE
AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. MUSIC
4 MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER MEMBERS OR THIRD PARTIES, OR THE RISK OF INJURY FROM THE
FOREGOING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE
AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP
USING THE SITE.
11.5 THE TERMS OF THIS SECTION
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
12.1 A possibility exists that
the Music, Software and the web site could include inaccuracies or
errors. Additionally, a possibility exists that third parties could
make unauthorized additions, deletions and alterations to the Music,
Software and the web site. Although Music 4 Media Inc. attempts to
ensure the integrity of the Music, Software and the Site, it makes
no guarantees whatsoever as to its completeness, correctness or accuracy.
In the event that such an inaccuracy arises, please inform Music 4
Media Inc. (by sending e-mail to email@example.com)
so that Music 4 Media Inc. may try to correct it at the earliest.
12.2 Music 4 Media Inc. neither
endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on the Music, Software and the web
site by anyone other than authorized company employee spokespersons
while acting in their official capacities. Under no circumstances
will Music 4 Media Inc. be liable for any loss or damage caused by
your reliance on information obtained through the Music, Software
and the web site. It is your responsibility to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or
other content available through this web site.
CODE OF CONDUCT
You agree to be solely responsible for all acts or omissions that
occur at your transmissions through the Service. By way of example,
and not as a limitation, you agree not to:
Restrict or inhibit any other member from using and enjoying the
13.1.02 Post or transmit any unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable or harmful information of any kind.
13.1.03 Without Music 4 Media Inc.'s prior written
approval, post or transmit any advertising, promotion or solicitation
of goods or services for commercial purposes.
13.1.04 Post or transmit materials in violation
of another party's copyright or intellectual property rights.
13.1.05 Use the Music and Software for any commercial
or unlawful purposes.
13.1.06 Modify, adapt, sub-Agreement, translate,
sell, reverse engineer, de-compile or disassemble any portion of
the Music, Software and the web site.
13.1.07 Transmit chain letters, junk or bulk e-mail
or Spam (commercial or otherwise).
13.1.08 Harvest or collect information about others
without their consent.
13.1.09 Interfere with or disrupt networks connected
to the Service or violate the regulations, policies or procedures
of such networks.
13.1.10 Attempt to gain unauthorized access to
the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means.
13.1.11 Violate any applicable laws or regulations
including, without limitation, laws regarding the transmission of
technical data, music or software exported from the United States
through the Service.
13.1.12 Interfere with other's use and enjoyment
of the Service or use and enjoyment of similar services.
13.1.13 Use any device, software or routine to
interfere or attempt to interfere with the proper working of the
While using the Music, Software and the web site, you agree to comply
with all applicable laws, rules and regulations in connection with
the Music, Software and the web site.
13.3 Music 4 Media Inc. has no
obligations to monitor the content and the web site. However, you
acknowledge and agree that Music 4 Media Inc. has the right to monitor
the Music, Software and the web site and to disclose any information
to any third party in order to operate the Service and the web site
properly, to protect itself and its sponsors and customers, and to
comply with legal obligations or governmental requests. Music 4 Media
Inc. reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that are unacceptable, offensive
or in violation of this Agreement. Such prohibition may occur without
notice to the member.
14.1 You agree to defend, indemnify
and hold harmless Music 4 Media Inc. against any and all claims, losses,
liability costs and expenses (including but not limited to reasonable
or any third-party's rights, (including, without limitation, infringement
of any copyright trademark, service mark, trade secrets, right of
privacy or publicity or any other third party right). The terms of
this section shall survive the termination of your relationship with
Music 4 Media Inc..
15.1 Any legal controversy or
legal claim arising out of or relating to this Agreement or our services
shall be settled by binding arbitration. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in State of California, United
States of America, as the parties to this agreement agree to be governed
by the laws of United States of America. Either party may seek any
interim or preliminary relief from a court of competent jurisdiction
in State of California, USA necessary to protect the rights or property
of party pending the completion of arbitration. The prevailing party
from arbitration shall be entitled to reasonable attorney's fees,
which shall be set forth by the arbitrator(s). Judgment upon the award
rendered may be entered in any court in State of California, USA with
jurisdiction. The decision of the arbitrator shall be final and binding
on the parties. The parties shall bear equally all fees, costs and
expenses of the arbitration, and each party shall bear its own legal
expenses, attorney’s fees, and costs of all experts and witnesses,
provided, however, the arbitration panel may apportion between the
parties, as said arbitrator may deem equitable, the cost incurred
by either party.
16.1 Music 4 Media Inc. reserves
the right to immediately terminate any individual's use of the Music,
Software and the web site and/or such member's member identification
and password in its sole discretion with or without cause. If you
wish to terminate your account, your only recourse is to discontinue
use of the account (though you can delete information from your account
at any time). In addition, Music 4 Media Inc. may terminate your account
for inactivity, which is defined as failing to log into the account
and the web site for an extended period of time, as determined by
Music 4 Media Inc. Upon termination of your account, your right to
use the Music, Software and the web site immediately ceases, and Music
4 Media Inc. shall have no obligation to maintain any content in your
USE OF SECURE AREA
17.1 You agree to provide accurate,
complete and current information when you register at the web site.
Use of any password-protected area of the web site is restricted to
the individual who has been given permission, a member identification
and password to enter such area (the "Authorized Party").
If more than one individual wishes to use a single member identification
and password belonging to an Authorized party, such Authorized Party
must request permission from Music 4 Media Inc. in writing, it being
understood that Music 4 Media Inc. shall be under no obligation to
approve any such request. You are entirely responsible for maintaining
the confidentiality of your password and member identification. Furthermore,
you are entirely responsible for any and all activities that occur
under your account. You agree to immediately notify Music 4 Media
Inc. of any unauthorized use of your account.
18.1 This Agreement constitutes
the complete and exclusive agreement between you and Music 4 Media
Inc. with respect to the Service and the web site and supersedes any
other communication, including advertising. This Agreement shall be
governed by and construed in accordance with the laws of the State
of California, United States of America. Each party to this Agreement
hereby submits to the exclusive jurisdiction of the courts of State
of California, United States of America, and waives any jurisdictional
venue or inconvenient forum objections to such courts. In the event
that any of the provisions of this Agreement shall be held by a court
or other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and effect
18.2 If any provisions of this Agreement shall be
held to be invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable,
but that by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and
enforced as so limited.
18.3 The terms of this Agreement
apply to those obligations that survive any cancellation, termination,
or rescission, namely - confidentiality/non-disclosure, warranty,
indemnification, liability and limits thereon, rights and obligations
upon and following termination and assignment.
18.4 Music 4 Media Inc.'s failure to enforce the
strict performance of any provision of this Agreement will not constitute
a waiver of Music 4 Media Inc.'s right to subsequently enforce such
provision or any other provisions of this Agreement. No waiver of
any provision of this Agreement shall be effective unless in writing.
18.5 Any headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent
of such action.
18.6 In the event of a merger
or consolidation of Music 4 Media Inc., the surviving or new corporation
and any subsidiaries are similarly subject to the rights and obligations
of this Agreement.
18.7 Music 4 Media Inc. shall
have the right at any time to a) change the terms of this Agreement,
b) change the Service and the web site, including eliminating or discontinuing
any content or feature of the Service and the web site, restricting
the hours of availability, or limiting the amount of use permitted,
or c) change any fees or charges for use of the Service and the web
site, including instituting new or increased fees or charges for the
use of the Service and the web site or any feature thereof. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on the web site, or by electronic mail, or by
conventional mail. Your use of the Service and the web site after
such notice shall be deemed to constitute your acceptance of such
changes, modifications, additions or deletions. You are responsible
for reviewing this Agreement periodically to ensure familiarity with
the most current version.
004. Parent Responsibilty
005. License Terms
013. Code of Conduct
017. Secure Area/Password