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Terms & Conditions  

1.0 AGREEMENT

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 to the terms and conditions set forth in this Terms of Use Policy (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.

2.0 MEMBER CONDUCT

2.1 You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

3.0 ELIGIBILITY TO BECOME MEMBER

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.

4.0 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.

5.0 LICENCE TERMS AND CONDUCT OF VISITOR

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 use.
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 in advance.

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 this Agreement.

6.0 RESTRICTIONS

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.

7.0 PROPRIETARY RIGHTS

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.

8.0 CHANGED TERMS

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.

9.0 LINKS

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.

10.0 ADVERTISEMENTS

10.1 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.

11.0 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.

12.0 DISCLAIMER

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 support@music4media.net) 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.

13.0 CODE OF CONDUCT

13.1 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:

13.1.01 Restrict or inhibit any other member from using and enjoying the Music, Software.
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 web site.

13.2 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.

14.0 INDEMNIFICATION

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 attorneys' fees) arising from your violation of these Terms of Use 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..

15.0 ARBITRATION

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.

16.0 TERMINATION

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 account.

17.0 USE OF SECURE AREA AND PASSWORD

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.

18.0 MISCELLANEOUS

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 and enforceable.

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.

001. Agreement
002. Conduct
003. Eligibilty
004. Parent Responsibilty
005. License Terms
006. Restrictions
007. Proprietary Rights
008. Changed Terms
009. Links
010. Advertisements
011. Warranties/Limitations
012. Disclaimer
013. Code of Conduct
014. Indemnification
015. Arbitration
016. Termination
017. Secure Area/Password
018. Miscellaneous

 
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