TERMS AND CONDITION


THE WEBSITE MUSICHOICES® (THE “SITE”, “WEBSITE”) AND ALL RELATED PLATFORMS, PRODUCTS, MOBILE AND DESKTOP APPS (THE APPS), AND AND ALL RELATED PLAYERS, WIDGETS, TOOLS, APPS, DATA, SOFTWARE, APIS AND ALL OTHER SERVICES PROVIDED BY MUSICHOICES (THE “SERVICES”) ARE OWNED AND OPERATED BY MUSICHOICES® (TOGETHER, WHERE APPLICABLE, WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “OUR”, “WE,” OR “US”).

PLEASE NOTE THAT THIS GENERAL TERMS AND CONDITIONS APPLIES TO THE SITE/WEBSITE, THE APPS AND THE SERVICES (TOGETHER, THE “PLATFORM”).

BY ACCESSING AND USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, OUR PRIVACY POLICY, AND OUR SPECIFIC TERMS AND CONDITIONS THAT ARE APPLICABLE TO CERTAIN SERVICES YOU MAY ELECT TO USE (ALL OF WHICH ARE INCORPORATED HEREIN AND COLLECTIVELY REFERRED TO AS THE “TERMS AND CONDITIONS”, “TERMS”, “AGREEMENT” WHICH SET FORTH THE ENTIRE AGREEMENT PERTAINING TO YOUR USE OF THE PLATFORM, AND SUPERSEDE ALL PRIOR VERSIONS OF THE TERMS AND CONDITIONS).

THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AGREEMENTS. IF YOU USE THE PLATFORM ACTING AS THE ARTIST, REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY, LISTENER OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH INDIVIDUAL OR ENTITY WITH THESE TERMS AND CONDITIONS.

WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE, THE SITE, THE PLATFORM OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE. WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY, TO THE SITE, AND PLATFORM WHERE APPLICABLE. IT IS YOUR RESPONSIBILITY TO CHECK THE PLATFORM PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE, SERVICES AND/OR PLATFORM AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.

1. YOU ACKNOWLEDGE AND AGREE THAT MUSICHOICES® AND ANY NECESSARY SOFTWARE USED IN CONNECTION WITH THE MUSICHOICES® SITE, SERVICES AND PLATFORM CONTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION THAT IS PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND OTHER LAWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CONTENT CONTAINED IN ADVERTISEMENTS OR INFORMATION PRESENTED TO YOU THROUGH THE MUSICHOICES® PLATFORM OR BY ADVERTISERS IS PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS EXPRESSLY PERMITTED BY APPLICABLE LAW OR AS AUTHORIZED BY MUSICHOICES® OR THE APPLICABLE LICENSOR (SUCH AS AN ADVERTISER), YOU AGREE NOT TO MODIFY, RENT, LEASE, LOAN, SELL, DISTRIBUTE, TRANSMIT, BROADCAST, PUBLICLY PERFORM OR CREATE DERIVATIVE WORKS BASED ON THE MUSICHOICES® PLATFORM, SUCH CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART.

MUSICHOICES® GRANTS YOU A PERSONAL, NON-TRANSFERABLE AND NON-EXCLUSIVE RIGHT AND LICENSE TO USE THE OBJECT CODE OF ITS SOFTWARE ON A SINGLE COMPUTER; PROVIDED THAT YOU DO NOT (AND DO NOT ALLOW ANY THIRD PARTY TO) COPY, MODIFY, CREATE A DERIVATIVE WORK FROM, REVERSE ENGINEER, REVERSE ASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE, SELL, ASSIGN, SUBLICENSE, GRANT A SECURITY INTEREST IN OR OTHERWISE TRANSFER ANY RIGHT IN THE SOFTWARE, RELATED SERVICES AND PLATFORM. YOU AGREE NOT TO MODIFY THE SOFTWARE AND ASSOCIATED PLATFORM IN ANY MANNER OR FORM, NOR TO USE MODIFIED VERSIONS OF THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) FOR THE PURPOSE OF OBTAINING UNAUTHORIZED ACCESS TO THE MUSICHOICES® PLATFORM. YOU AGREE NOT TO ACCESS THE MUSICHOICES® PLATFORM BY ANY MEANS OTHER THAN THROUGH THE INTERFACE THAT IS PROVIDED BY MUSICHOICES® FOR USE IN ACCESSING THE MUSICHOICES® PLATFORM.

2. CONTENT LIABILITY

YOU HEREBY ACKNOWLEDGE AND AGREE THAT MUSICHOICES® (I) STORES CONTENT AND OTHER INFORMATION AT THE DIRECTION, REQUEST AND WITH THE AUTHORIZATION OF ITS USERS, (II) ACTS MERELY AS A PASSIVE CONDUIT AND/OR HOST FOR THE UPLOADING, STORAGE AND DISTRIBUTION OF SUCH CONTENT, AND (III) PLAYS NO ACTIVE ROLE AND GIVES NO ASSISTANCE IN THE PRESENTATION OR USE OF THE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ALL OF USER CONTENT THAT YOU UPLOAD, POST OR DISTRIBUTE TO, ON OR THROUGH THE SITE, AND TO THE EXTENT PERMISSIBLE BY LAW, MUSICHOICES® EXCLUDES ALL LIABILITY WITH RESPECT TO ALL CONTENT (INCLUDING USER CONTENT) AND THE ACTIVITIES OF ITS USERS WITH RESPECT THERETO.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT MUSICHOICES® CANNOT AND DOES NOT REVIEW THE CONTENT CREATED OR UPLOADED BY ITS USERS, AND NEITHER MUSICHOICES® NOR ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS HAS ANY OBLIGATION, AND DOES NOT UNDERTAKE OR ASSUME ANY DUTY, TO MONITOR THE WEBSITE FOR CONTENT THAT IS INAPPROPRIATE, THAT DOES OR MIGHT INFRINGE ANY THIRD PARTY RIGHTS, OR HAS OTHERWISE BEEN UPLOADED IN BREACH OF THESE TERMS OF USE OR APPLICABLE LAW.

MUSICHOICES® AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS HEREBY EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY WHICH MAY ARISE FROM ANY CONTENT UPLOADED TO THE WEBSITE BY USERS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PRIVACY OR PUBLICITY RIGHTS, ANY CLAIMS RELATING TO PUBLICATION OF DEFAMATORY, PORNOGRAPHIC, OBSCENE OR OFFENSIVE MATERIAL, OR ANY CLAIMS RELATING TO THE COMPLETENESS, ACCURACY, CURRENCY OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS OF THE WEBSITE. BY USING THE WEBSITE, YOU IRREVOCABLY WAIVE THE RIGHT TO ASSERT ANY CLAIM WITH RESPECT TO ANY OF THE FOREGOING AGAINST MUSICHOICES® OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS.

3. CHANGES TO TERMS OF USE

WE RESERVE THE RIGHT TO CHANGE, ALTER, REPLACE OR OTHERWISE MODIFY THESE TERMS OF USE AT ANY TIME. THE DATE OF LAST MODIFICATION IS STATED AT THE END OF THESE TERMS OF USE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE FROM TIME TO TIME FOR UPDATES.

WHEN WE MAKE ANY UPDATES TO THESE TERMS OF USE, WE WILL HIGHLIGHT THIS FACT ON THE WEBSITE, AND OR PLATFORM WHERE APPLICABLE. IN ADDITION, IF YOU REGISTER AN ACCOUNT AND THESE TERMS OF USE ARE SUBSEQUENTLY CHANGED IN ANY MATERIAL RESPECT (FOR EXAMPLE, FOR SECURITY, LEGAL, OR REGULATORY REASONS), WE WILL NOTIFY YOU IN ADVANCE BY SENDING A MESSAGE TO YOUR MUSICHOICES® ACCOUNT AND/OR AN EMAIL TO THE EMAIL ADDRESS THAT YOU HAVE PROVIDED TO US, AND THE REVISED TERMS OF USE WILL BECOME EFFECTIVE SIX (6) WEEKS AFTER SUCH NOTIFICATION. YOU WILL HAVE NO OBLIGATION TO CONTINUE USING THE PLATFORM FOLLOWING ANY SUCH NOTIFICATION, BUT IF YOU DO NOT TERMINATE YOUR ACCOUNT DURING SUCH FOUR (4) WEEK PERIOD, YOUR CONTINUED USE OF THE PLATFORM AFTER THE END OF THAT FOUR (4) WEEK PERIOD WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS OF USE.

4. DESCRIPTION OF THE PLATFORM

THE WEBSITE, APPS AND SERVICES ARE A HOSTING PLATFORM. REGISTERED USERS OF THE PLATFORM MAY SUBMIT, UPLOAD AND POST AUDIO, TEXT, PHOTOS, PICTURES, GRAPHICS, COMMENTS, AND OTHER CONTENT, DATA OR INFORMATION (“CONTENT”), WHICH WILL BE STORED BY MUSICHOICES® AT THE DIRECTION OF SUCH REGISTERED USERS, AND MAY BE SHARED AND DISTRIBUTED BY SUCH REGISTERED USERS, AND OTHER USERS OF THE PLATFORM, USING THE TOOLS AND FEATURES PROVIDED AS PART OF THE PLATFORM AND ACCESSIBLE VIA THE WEBSITE, APPS AND ELSEWHERE. THE PLATFORM ALSO ENABLES REGISTERED USERS TO INTERACT WITH ONE ANOTHER AND TO CONTRIBUTE TO DISCUSSIONS, AND ENABLES ANY USER OF THE WEBSITE, APPS OR CERTAIN PRODUCTS (WHO MAY OR MAY NOT BE REGISTERED USERS OF THE PLATFORM) TO VIEW, LISTEN TO AND SHARE CONTENT UPLOADED AND MADE AVAILABLE BY REGISTERED USERS.

WE MAY, FROM TIME TO TIME, RELEASE NEW TOOLS AND RESOURCES ON THE WEBSITE, RELEASE NEW VERSIONS OF OUR APPS, OR INTRODUCE OTHER SERVICES AND/OR FEATURES FOR THE PLATFORM. ANY NEW SERVICES , PRODUCTS AND FEATURES WILL BE SUBJECT TO THESE TERMS OF USE AS WELL AS ANY ADDITIONAL TERMS OF USE THAT WE MAY RELEASE FOR THOSE SPECIFIC SERVICES, PRODUCTS OR FEATURES.

REMOVAL OF AUDIO CONTENT FROM YOUR ACCOUNT WILL AUTOMATICALLY RESULT IN THE DELETION OF THE RELEVANT FILES FROM MUSICHOICES® ’S SYSTEMS AND SERVERS. HOWEVER, NOTWITHSTANDING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT ONCE YOUR CONTENT IS DISTRIBUTED TO A LINKED SERVICE, MUSICHOICES® IS NOT OBLIGATED TO ENSURE THE DELETION OF YOUR CONTENT FROM ANY SERVERS OR SYSTEMS OPERATED BY THE OPERATORS OF ANY LINKED SERVICE, OR TO REQUIRE THAT ANY USER OF THE PLATFORM OR ANY LINKED SERVICE DELETES ANY ITEM OF YOUR CONTENT. FURTHERMORE, IF YOU AUTHORIZE ANY OF YOUR CONTENT TO BE AVAILABLE FOR OFFLINE LISTENING, AFTER DELETION OF AN ITEM OF YOUR CONTENT OR REMOVAL FROM THE ABILITY FOR OTHER USERS TO LISTEN TO THE APPLICABLE CONTENT OFFLINE, THE APPLICABLE CONTENT MAY STILL BE TEMPORARILY AVAILABLE TO OTHER USERS OF THE PLATFORM WHO SAVED THE APPLICABLE CONTENT FOR OFFLINE LISTENING ON THEIR DEVICES.

ANY CONTENT OTHER THAN YOUR CONTENT IS THE PROPERTY OF THE RELEVANT UPLOADER, AND IS OR MAY BE SUBJECT TO COPYRIGHT, TRADEMARK RIGHTS OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. SUCH CONTENT MAY NOT BE DOWNLOADED, REPRODUCED, DISTRIBUTED, TRANSMITTED, RE-UPLOADED, REPUBLISHED, DISPLAYED, SOLD, LICENSED, MADE AVAILABLE OR OTHERWISE COMMUNICATED TO THE PUBLIC OR EXPLOITED FOR ANY PURPOSES EXCEPT VIA THE FEATURES OF THE PLATFORM FROM TIME TO TIME AND WITHIN THE PARAMETERS SET BY THE UPLOADER IN THE PLATFORM OR WITH THE EXPRESS WRITTEN CONSENT OF THE UPLOADER. WHERE YOU REPOST ANOTHER USER’S CONTENT, OR INCLUDE ANOTHER USER’S CONTENT IN A PLAYLIST OR STATION OR WHERE YOU LISTEN TO ANOTHER USER’S CONTENT OFFLINE, YOU ACQUIRE NO OWNERSHIP RIGHTS WHATSOEVER IN THAT CONTENT. SUBJECT TO THE RIGHTS EXPRESSLY GRANTED IN THIS CONTRACT, ALL RIGHTS IN CONTENT ARE RESERVED TO THE RELEVANT UPLOADER.

5. RESPONSIBILITY OF CONTRIBUTORS

IF YOU POST MATERIAL TO THE SITE, POST LINKS ON THE SITE, OR OTHERWISE MAKE (OR ALLOW ANY THIRD PARTY TO MAKE) MATERIAL AVAILABLE BY MEANS OF THE SITE (ANY SUCH MATERIAL, ‘CONTENT’), YOU ARE ENTIRELY RESPONSIBLE FOR THE CONTENT OF, AND ANY HARM RESULTING FROM, THAT CONTENT. THAT IS THE CASE REGARDLESS OF WHETHER THE CONTENT IN QUESTION CONSTITUTES TEXT, GRAPHICS, AN AUDIO FILE, OR COMPUTER SOFTWARE. BY MAKING CONTENT AVAILABLE, YOU REPRESENT AND WARRANT THAT:

  • MUSICHOICES® DOES NOT CLAIM ANY OWNERSHIP RIGHTS IN THE CONTENT, AND YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE CONTENT REMAINS YOUR SOLE RESPONSIBILITY;
  • THE DOWNLOADING, COPYING AND USE OF THE CONTENT WILL NOT INFRINGE THE PROPRIETARY RIGHTS, INCLUDING BUT NOT LIMITED TO THE COPYRIGHT, PATENT, TRADEMARK OR TRADE SECRET RIGHTS, OF ANY THIRD PARTY;
  • YOU MUST NOT UPLOAD, STORE, DISTRIBUTE, SEND, TRANSMIT, DISPLAY, PERFORM, MAKE AVAILABLE OR OTHERWISE COMMUNICATE TO THE PUBLIC ANY CONTENT TO WHICH YOU DO NOT HOLD THE NECESSARY RIGHTS. IN PARTICULAR, ANY UNAUTHORIZED USE OF COPYRIGHT PROTECTED MATERIAL WITHIN THE CONTENT (INCLUDING BY WAY OF REPRODUCTION, DISTRIBUTION, MODIFICATION, ADAPTATION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, PREPARATION OF DERIVATIVE WORKS, MAKING AVAILABLE OR OTHERWISE COMMUNICATING TO THE PUBLIC VIA THE WEBSITE) MAY CONSTITUTE AN INFRINGEMENT OF THIRD PARTY RIGHTS AND IS STRICTLY PROHIBITED. ANY SUCH INFRINGEMENTS MAY RESULT IN TERMINATION OF YOUR ACCESS TO THE WEBSITE.
  • IF YOUR EMPLOYER/PRODUCER OR THE SIMILAR HAS RIGHTS TO INTELLECTUAL PROPERTY YOU CREATE, YOU HAVE EITHER (I) RECEIVED PERMISSION FROM YOUR EMPLOYER/PRODUCER OR THE SIMILAR TO POST OR MAKE AVAILABLE THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, OR (II) SECURED FROM YOUR EMPLOYER A WAIVER AS TO ALL RIGHTS IN OR TO THE CONTENT;
  • YOU HAVE FULLY COMPLIED WITH ANY THIRD-PARTY LICENSES RELATING TO THE CONTENT, AND HAVE DONE ALL THINGS NECESSARY TO SUCCESSFULLY PASS THROUGH TO END USERS ANY REQUIRED TERMS;
  • THE CONTENT DOES NOT CONTAIN OR INSTALL ANY VIRUSES, WORMS, MALWARE, TROJAN HORSES OR ANY OTHER HARMFUL OR DESTRUCTIVE CONTENT; THE CONTENT IS NOT SPAM, IS NOT MACHINE- OR RANDOMLY-GENERATED, AND DOES NOT CONTAIN UNETHICAL OR UNWANTED COMMERCIAL CONTENT DESIGNED TO DRIVE TRAFFIC TO THIRD PARTY SITES OR BOOST THE SEARCH ENGINE RANKINGS OF THIRD PARTY SITES, OR TO FURTHER UNLAWFUL ACTS (SUCH AS PHISHING) OR MISLEAD RECIPIENTS AS TO THE SOURCE OF THE MATERIAL (SUCH AS SPOOFING);
  • THE CONTENT IS NOT PORNOGRAPHIC, DOES NOT CONTAIN THREATS OR INCITE VIOLENCE, AND DOES NOT VIOLATE THE PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY;

BY SUBMITTING CONTENT TO MUSICHOICES® FOR INCLUSION ON OUR SITE, YOU GRANT MUSICHOICES® A WORLD-WIDE, ROYALTY-FREE, AND NON-EXCLUSIVE LICENSE TO REPRODUCE, MODIFY, ADAPT AND PUBLISH THE CONTENT SOLELY FOR THE PURPOSE OF DISPLAYING, DISTRIBUTING AND PROMOTING YOUR CONTENT. IF YOU DELETE CONTENT, MUSICHOICES® WILL USE REASONABLE EFFORTS TO REMOVE IT FROM THE SITE, BUT YOU ACKNOWLEDGE THAT CACHING OR REFERENCES TO THE CONTENT MAY NOT BE MADE IMMEDIATELY UNAVAILABLE.

WITHOUT LIMITING ANY OF THOSE REPRESENTATIONS OR WARRANTIES, MUSICHOICES® HAS THE RIGHT (THOUGH NOT THE OBLIGATION) TO, IN MUSICHOICES® ’S SOLE DISCRETION (I) REFUSE OR REMOVE ANY CONTENT THAT, IN MUSICHOICES® ’S REASONABLE OPINION, VIOLATES ANY OF ITS OWN POLICY OR IS IN ANY WAY HARMFUL OR OBJECTIONABLE, OR (II) TERMINATE OR DENY ACCESS TO AND USE OF THE SITE TO ANY INDIVIDUAL OR ENTITY FOR ANY REASON, IN MUSICHOICES® ’S SOLE DISCRETION. MUSICHOICES® WILL NOT HAVE ANY OBLIGATION TO PROVIDE A REFUND OF ANY AMOUNTS PREVIOUSLY PAID.

6. YOUR MUSICHOICE ACCOUNT

IF YOU CREATE AN ACCOUNT ON THE SITE, YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR ACCOUNT, AND YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT AND ANY OTHER ACTIONS TAKEN IN CONNECTION WITH IT. YOU MUST IMMEDIATELY NOTIFY MUSICHOICES® OF ANY UNAUTHORISED USES OF YOUR ACCOUNT OR ANY OTHER BREACHES OF SECURITY. MUSICHOICES® WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.

WHEN YOU REGISTER TO USE THE PLATFORM, YOU WILL PROVIDE US WITH YOUR EMAIL ADDRESS, AND WILL CHOOSE A USERNAME AND PASSWORD FOR YOUR ACCOUNT. YOU MUST ENSURE THAT THE EMAIL ADDRESS THAT YOU PROVIDE IS, AND REMAINS, VALID. YOUR EMAIL ADDRESS AND ANY OTHER INFORMATION YOU CHOSE TO PROVIDE ABOUT YOURSELF WILL BE TREATED IN ACCORDANCE WITH OUR PRIVACY POLICY.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR USERNAME AND PASSWORD, AND YOU WILL REMAIN RESPONSIBLE FOR ALL USE OF YOUR USERNAME AND PASSWORD, AND ALL ACTIVITY EMANATING FROM YOUR ACCOUNT, WHETHER OR NOT SUCH ACTIVITY WAS AUTHORIZED BY YOU.

IF YOUR USERNAME OR PASSWORD IS LOST OR STOLEN, OR IF YOU BELIEVE THAT YOUR ACCOUNT HAS BEEN ACCESSED BY UNAUTHORIZED THIRD PARTIES, YOU ARE ADVISED TO NOTIFY MUSICHOICES® IN WRITING, AND SHOULD CHANGE YOUR PASSWORD AT THE EARLIEST POSSIBLE OPPORTUNITY. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD. YOU AGREE NOT TO USE THE ACCOUNT, USERNAME, EMAIL ADDRESS OR PASSWORD OF ANOTHER MEMBER AT ANY TIME OR TO DISCLOSE YOUR PASSWORD TO ANY THIRD PARTY. YOU AGREE TO NOTIFY MUSICHOICES® IMMEDIATELY IF YOU SUSPECT ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCESS TO YOUR PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USE OF YOUR ACCOUNT.

WE RESERVE THE RIGHT TO DISALLOW, CANCEL, REMOVE OR REASSIGN CERTAIN USERNAMES AND PERMALINKS IN APPROPRIATE CIRCUMSTANCES, AS DETERMINED BY US IN OUR SOLE DISCRETION, AND MAY, WITH OR WITHOUT PRIOR NOTICE, SUSPEND OR TERMINATE YOUR ACCOUNT IF ACTIVITIES OCCUR ON THAT ACCOUNT WHICH, IN OUR SOLE DISCRETION, WOULD OR MIGHT CONSTITUTE A VIOLATION OF THESE TERMS OF USE, OR AN INFRINGEMENT OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, OR OF ANY APPLICABLE LAWS OR REGULATIONS.

YOU MAY TERMINATE YOUR ACCOUNT AT ANY TIME AS DESCRIBED IN THE TERMINATION SECTION BELOW.

7. INTELLECTUAL PROPERTY POLICY

MUSICHOICES® DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON AND WILL REMOVE ANY CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE A COPYRIGHT OWNER OR AN AGENT THEREOF AND BELIEVE THAT ANY CONTENT INFRINGES UPON YOUR COPYRIGHT, YOU MAY SUBMIT A NOTIFICATION BY PROVIDING US WITH THE FOLLOWING INFORMATION IN WRITING:

  • AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT’S INTEREST;
  • A DESCRIPTION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED, INCLUDING THE URL (I.E., WEB PAGE ADDRESS) OF THE LOCATION WHERE THE COPYRIGHTED WORK EXISTS OR A COPY OF THE COPYRIGHTED WORK;
  • IDENTIFICATION OF THE URL OR OTHER SPECIFIC LOCATION ON THE PLATFORM WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED;
  • YOUR ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS;
  • A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW;
  • A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OWNER’S BEHALF.

IF WE RECEIVE A COPYRIGHT OR COMPLAINT IN RELATION TO CONTENT YOU HAVE ON THE WEBSITE THAT A THIRD PARTY CLAIMS VIOLATES THEIR COPYRIGHT, TRADEMARKS OR OTHER RIGHTS, WE RESERVE THE RIGHT TO INVESTIGATE AND TAKE DOWN THE COMPLAINED OF MATERIAL INCLUDING THE RIGHT TO DISABLE YOUR PROFILE ON THE WEBSITE WHILE WE INVESTIGATE OR IN ORDER TO COMPLY WITH A REQUEST FROM A THIRD PARTY.

8. SOFTWARE UPGRADES

FROM TIME TO TIME, MUSICHOICES® MAY POST, PUBLISH, DISTRIBUTE, PRESENT FOR DOWNLOAD OR OTHERWISE MAKE AVAILABLE UPDATED VERSIONS OR PORTIONS OF ITS SITE, SERVICE, SOFTWARE OR PLATFORM FOR USE. AS A USER OF MUSICHOICES® YOU ARE ENCOURAGED, BUT NOT REQUIRED, TO IDENTIFY POTENTIAL ERRORS AND IMPROVEMENTS (“FEEDBACK”). YOU HEREBY GRANT MUSICHOICES® THE UNRESTRICTED RIGHT TO USE YOUR FEEDBACK, INCLUDING THE RIGHT TO USE YOUR FEEDBACK TO IMPROVE THE SOFTWARE, SITE, SERVICE OR PLATFORM AND TO CREATE OTHER PRODUCTS AND SERVICES. FURTHERMORE, MUSICHOICES® IS NOT OBLIGATED TO CORRECT ERRORS OR CORRECT THE EFFECTS OF ERRORS (E.G., FIX YOUR COMPUTER OR RECOVER LOST DATA) OR PROVIDE ANY TECHNICAL SUPPORT RELATED TO USE OF MUSICHOICES®.

9. END USER LICENSE

THE PLATFORM, THE INFORMATION AND MATERIALS THAT MUSICHOICES® CONTAINS, ARE THE PROPERTY OF MUSICHOICES® AND ITS LICENSORS, AND ARE PROTECTED FROM UNAUTHORIZED COPYING AND DISSEMINATION BY COPYRIGHT LAW, TRADEMARK LAW, AND OTHER INTELLECTUAL PROPERTY LAWS. NOTHING IN THE TERMS GIVES YOU A RIGHT TO USE THE MUSICHOICES® NAME, TRADEMARKS, LOGOS, DOMAIN NAMES, AND OTHER DISTINCTIVE BRAND FEATURES WITHOUT OUR PRIOR WRITTEN CONSENT.

10. DATA PROTECTION, PRIVACY AND COOKIES

ALL PERSONAL DATA THAT YOU PROVIDE TO US IN CONNECTION WITH YOUR USE OF THE PLATFORM IS COLLECTED, STORED, USED AND DISCLOSED BY MUSICHOICES® IN ACCORDANCE WITH OUR PRIVACY POLICY. IN ADDITION, IN COMMON WITH MOST ONLINE SERVICES AND OR PLATFORMS, WE USE COOKIES TO HELP US UNDERSTAND HOW PEOPLE ARE USING THE PLATFORM, SO THAT WE CAN CONTINUE TO IMPROVE THE SERVICE WE OFFER. OUR USE OF COOKIES, AND HOW TO DISABLE COOKIES, IS EXPLAINED IN OUR COOKIES POLICY. BY ACCEPTING THESE TERMS OF USE AND USING THE PLATFORM, YOU ALSO ACCEPT THE TERMS OF THE PRIVACY POLICY AND OUR COOKIES POLICY.

11. CHANGES TO THE PLATFORM, ACCOUNTS AND PRICING

MUSICHOICES® RESERVES THE RIGHT AT ANY TIME AND FOR ANY REASON TO SUSPEND, DISCONTINUE, TERMINATE OR CEASE PROVIDING ACCESS TO THE PLATFORM OR ANY PART THEREOF, TEMPORARILY OR PERMANENTLY, AND WHETHER IN ITS ENTIRETY OR WITH RESPECT TO INDIVIDUAL TERRITORIES ONLY. IN THE CASE OF ANY TEMPORARY OR PERMANENT SUSPENSION, DISCONTINUATION, TERMINATION OR CESSATION OF ACCESS, MUSICHOICES® SHALL USE ITS REASONABLE ENDEAVOURS TO NOTIFY REGISTERED USERS OF SUCH DECISION IN ADVANCE.

YOU HEREBY AGREE THAT MUSICHOICES® AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGES OR MODIFICATIONS TO THE WEBSITE, APPS, SERVICES OR PLATFORM THAT MUSICHOICES® MAY WISH TO MAKE FROM TIME TO TIME, OR FOR ANY DECISION TO SUSPEND, DISCONTINUE OR TERMINATE THE WEBSITE, THE SERVICES AND THE PLATFORM OR ANY PART OR PARTS THEREOF, OR YOUR POSSIBILITY TO USE OR ACCESS THE SAME FROM OR WITHIN ANY TERRITORY OR TERRITORIES.

MUSICHOICES® MAY CHANGE THE FEATURES OF ANY TYPE OF ACCOUNT, MAY WITHDRAW OR, OR INTRODUCE NEW FEATURES, PRODUCTS OR TYPES OF ACCOUNT AT ANY TIME AND FOR ANY REASON, AND MAY CHANGE THE PRICES CHARGED FOR ANY OF ITS SUBSCRIPTIONS FROM TIME TO TIME. IN THE EVENT OF ANY INCREASE IN THE PRICE OR MATERIAL REDUCTION IN THE FEATURES OF ANY SUBSCRIPTION WHICH YOU HAVE PURCHASED, SUCH CHANGE(S) WILL BE COMMUNICATED TO YOU AND WILL ONLY TAKE EFFECT WITH RESPECT TO ANY SUBSEQUENT RENEWAL OF YOUR SUBSCRIPTION. IN ALL OTHER CASES, WHERE MUSICHOICES® PROPOSES TO MAKE CHANGES TO ANY TYPE OF SUBSCRIPTION YOU HAVE PURCHASED, AND THESE CHANGES ARE MATERIAL AND TO YOUR DISADVANTAGE, MUSICHOICES® WILL NOTIFY YOU OF THE PROPOSED CHANGES BY SENDING A MESSAGE TO YOUR MUSICHOICES® ACCOUNT AND/OR AN EMAIL TO THE THEN CURRENT EMAIL ADDRESS THAT WE HAVE FOR YOUR ACCOUNT, AT LEAST FOUR (4) WEEKS IN ADVANCE. YOU WILL HAVE NO OBLIGATION TO CONTINUE USING THE PLATFORM FOLLOWING ANY SUCH NOTIFICATION, BUT IF YOU DO NOT TERMINATE YOUR ACCOUNT AS DESCRIBED IN THE TERMINATION SECTION BELOW DURING SUCH FOUR (4) WEEK PERIOD, YOUR CONTINUED USE OF YOUR ACCOUNT AFTER THE END OF THAT FOUR (4) WEEK PERIOD WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES TO YOUR SUBSCRIPTION.

12. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD MUSICHOICES® HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, POTENTIAL LOSSES, CLAIMS, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES), ASSERTED AGAINST MUSICHOICES®, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, AGENTS, CUSTOMERS, OFFICERS, CONTRACTORS, AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU AND ANY CONTENT YOU MAKE AVAILABLE THROUGH THE SERVICE.

13. DISCLAIMER

THE WEBSITE, THE SERVICE, AND PLATFORM ARE PROVIDED “AS IS.” WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICHOICES® IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE MUSICHOICES® PLATFORM; (B) THE MUSICHOICES® CONTENT ON OR PROVIDED THROUGH THE MUSICHOICES® PLATFORM; (C) THE CONTENT OR USER CONTENT (INCLUDING THE ACCURACY AND RELIABILITY THEREOF); (D) THE THIRD PARTY CONTENT; (E) THE LINKED SERVICES; (F) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE MUSICHOICES® PLATFORM; (G) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN THE MUSICHOICES® PLATFORM; AND/OR (H) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM MUSICHOICES® OR OTHERS VIA THE MUSICHOICES® PLATFORM.

IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICHOICES® IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE MUSICHOICES® PLATFORM OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE MUSICHOICES® PLATFORM OR LINKED SERVICES.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE MUSICHOICES® PLATFORM(INCLUDING THE CONTENT AND MUSICHOICES® CONTENT) OR LINKED SERVICES, OR THE PERFORMANCE OF THE MUSICHOICES® PLATFORM OR LINKED SERVICES, (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MUSICHOICES® OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE MUSICHOICES® PLATFORM, (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS, (D) ANY ERRORS OR OMISSIONS IN THE MUSICHOICES® PLATFORM TECHNICAL OPERATION, OR (E) ANY DAMAGE TO A USER’S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF MUSICHOICES® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUSICHOICES® ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUSICHOICES® FOR THE MUSICHOICES® SERVICES DURING THE TERM OF MEMBERSHIP. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF MUSICHOICES® WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE MUSICHOICES® PLATFORM). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.

15. TERMINATION

WE MAY TERMINATE YOUR ABILITY TO ACCESS THE PLATFORM OR PORTIONS THEREOF. CAUSE FOR SUCH TERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, (A) BREACHES OR VIOLATIONS OF THESE TERMS, (B) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (C) A REQUEST BY YOU, (D) DISCONTINUANCE OR MATERIAL MODIFICATION TO THE PLATFORM, OR (E) UNEXPECTED TECHNICAL, SECURITY OR LEGAL ISSUES OR PROBLEMS. IN MOST CASES WE WILL ATTEMPT TO GIVE YOU AMPLE NOTICE OF ANY TERMINATION OR SUSPENSION TO HELP YOU SECURE YOUR DATA, HOWEVER IN SOME CASES THE TERMINATION MAY NOT INCLUDE NOTICE (FOR EXAMPLE, A COURT ORDER OR FLAGRANTLY VIOLATING THESE TERMS). TERMINATION OF YOUR ACCESS TO THE PLATORM MAY ALSO INCLUDE REMOVAL OF THE MATERIALS UPLOADED BY YOU TO THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ALL TERMINATIONS MAY BE MADE BY US IN OUR SOLE DISCRETION AND THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO REMOVAL OF ANY OF THE MATERIALS UPLOADED BY YOU THROUGH THE PLATFORM.

YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY SENDING NOTICE IN WRITING TO MUSICHOICES® CONFIRMING SUCH TERMINATION, BY REMOVING ALL OF YOUR CONTENT FROM YOUR ACCOUNT, OR BY DELETING YOUR ACCOUNT AND THEREAFTER BY CEASING TO USE THE PLATFORM. IF YOU HAVE A SUBSCRIPTION, AND TERMINATE THIS AGREEMENT BEFORE THE END OF SUCH SUBSCRIPTION, WE ARE UNABLE TO OFFER ANY REFUND FOR ANY UNEXPIRED PERIOD OF YOUR SUBSCRIPTION.

16. AVAILABILITY

WE MAY ALTER, SUSPEND, OR DISCONTINUE THE PLATFORM, OR ANY PORTION THEREOFF AT ANY TIME AND FOR ANY REASON BUT WILL ENDEAVOUR TO PROVIDE ADVANCE NOTICE OF ANY SUCH OUTAGES. THE SITE, SERVICES AND OR PLATFORM MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER OR NETWORK EQUIPMENT OR OTHER REASONS. WE MAY PERIODICALLY ADD OR UPDATE THE INFORMATION AND MATERIALS ON THE WEBSITE WITHOUT NOTICE.

17. SECURITY

WE CANNOT AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING SECURITY OF THE COMMUNICATION TO OR FROM THE PLATFORM. DO NOT ATTEMPT TO CONNECT TO THE PLATFORM USING INSECURE ACCESS CHANNELS, SUCH AS, BUT NOT LIMITED TO WEB SERVICE REQUESTS MADE OVER AN INSECURE CONNECTION, OR ANY 3RD PARTY APPLICATIONS. YOU ARE RESPONSIBLE FOR SAFEGUARDING THE PASSWORD THAT YOU USE TO ACCESS THE PLATFORM AND YOU ARE RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS UNDER YOUR PASSWORD. YOU AGREE TO KEEP YOUR PASSWORD SECURE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS.

18. LINKS TO OTHER SITES/EXTERNAL SERVICES

PROFILES AND LINKED SERVICES ON, THROUGH OR IN CONNECTION WITH THE MUSICHOICES® PLATFORM MAY CONTAIN LINKS TO OTHER WEBSITES, PRODUCTS OR SERVICES. MUSICHOICES® IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, PRODUCTS AND SERVICES, AND SUCH WEBSITES, PRODUCTS AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY MUSICHOICES®. INCLUSION OF ANY LINKED WEBSITE, PRODUCT OR SERVICE ON THE MUSICHOICES® PLATFORM DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY MUSICHOICES®. WHEN YOU ACCESS THESE THIRD PARTY SITES, PRODUCTS AND SERVICES, YOU DO SO AT YOUR OWN RISK. MUSICHOICES® TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS, PRODUCTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE MUSICHOICES® PLATFORM OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS, PRODUCTS OR SERVICES PROVIDED BY THESE THIRD PARTIES. MUSICHOICES® IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MUSICHOICES® PLATFORM OR LINKED PRODUCTS AND SERVICES. MUSICHOICES® ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. MUSICHOICES® IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE MUSICHOICES® PLATFORM OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE MUSICHOICES® PLATFORM OR LINKED SERVICES.

EXTERNAL PRODUCTS AND SERVICES

YOU, AS A MUSICHOICES USER, ARE SOLELY RESPONSIBLE FOR TAKING THE PRECAUTIONS NECESSARY TO PROTECT YOURSELF FROM FRAUD WHEN USING EXTERNAL PRODUCTS AND SERVICES, AND TO PROTECT YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT AND MATERIAL THAT MAY BE INCLUDED ON OR MAY EMANATE FROM ANY EXTERNAL PRODUCTS AND SERVICES.

MUSICHOICES® DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF EXTERNAL PRODUCTS AND SERVICES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MUSICHOICES® WITH RESPECT TO THE CONTENT OR OPERATION OF ANY EXTERNAL PRODUCTS AND SERVICES.

EXTERNAL PRODUCTS AND SERVICES MAY HAVE THEIR OWN TERMS OF USE AND/OR PRIVACY POLICY, AND MAY HAVE DIFFERENT PRACTICES AND REQUIREMENTS TO THOSE OPERATED BY MUSICHOICES® WITH RESPECT TO THE SERVICES, AND/OR PLATFORM, OFFERED BY MUSICHOICES®. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING ANY TERMS OF USE, PRIVACY POLICY OR OTHER TERMS GOVERNING YOUR USE OF THESE EXTERNAL PRODUCTS AND SERVICES, WHICH YOU USE AT YOUR OWN RISK. YOU ARE ADVISED TO MAKE REASONABLE ENQUIRIES AND INVESTIGATIONS BEFORE ENTERING INTO ANY TRANSACTION, FINANCIAL OR OTHERWISE, AND WHETHER ONLINE OR OFFLINE, WITH ANY THIRD PARTY RELATED TO ANY EXTERNAL PRODUCTS AND SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR TAKING THE PRECAUTIONS NECESSARY TO PROTECT YOURSELF FROM FRAUD WHEN USING EXTERNAL PRODUCTS AND SERVICES, AND TO PROTECT YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT AND MATERIAL THAT MAY BE INCLUDED ON OR MAY EMANATE FROM ANY EXTERNAL PRODUCTS AND SERVICES.

MUSICHOICES® DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF EXTERNAL PRODUCTS AND SERVICES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MUSICHOICES® WITH RESPECT TO THE CONTENT OR OPERATION OF ANY EXTERNAL PRODUCTS AND SERVICES.

19. REPEAT INFRINGERS

MUSICHOICES® WILL SUSPEND OR TERMINATE YOUR ACCESS TO THE PLATFORM IF MUSICHOICES® DETERMINES, IN ITS REASONABLE DISCRETION, THAT YOU HAVE REPEATEDLY BREACHED THESE TERMS OF USE.

IF WE RECEIVE A VALID NOTIFICATION FROM A THIRD PARTY IN ACCORDANCE WITH OUR REPORTING PROCESSES OR APPLICABLE LAW THAT ANY OF YOUR CONTENT INFRINGES THE COPYRIGHT OR OTHER RIGHTS OF SUCH THIRD PARTY, OR IF WE BELIEVE THAT YOUR BEHAVIOR VIOLATES OUR GUIDELINES, WE WILL SEND YOU A WRITTEN WARNING TO THIS EFFECT. ANY USER THAT RECEIVES MORE THAN TWO OF THESE WARNINGS IS LIABLE TO HAVE THEIR ACCESS TO THE PLATFORM TERMINATED FORTHWITH.

WE WILL ALSO SUSPEND OR TERMINATE YOUR ACCOUNT WITHOUT WARNING IF ORDERED TO DO SO BY A COURT, AND/OR IN OTHER APPROPRIATE CIRCUMSTANCES, AS DETERMINED BY MUSICHOICES® AT ITS DISCRETION. PLEASE NOTE WE DO NOT OFFER REFUNDS TO SUBSCRIPTION ACCOUNT HOLDERS WHOSE ACCOUNTS ARE TERMINATED AS A RESULT OF REPEATED INFRINGEMENT OR ANY VIOLATION OF THESE TERMS OF USE.

20. GOVERNING LAW

THIS AGREEMENT (AND ANY FURTHER RULES, POLICES, OR GUIDELINES INCORPORATED BY REFERENCE) SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW.

20. GENERAL

THESE TERMS, TOGETHER WITH THE PRIVACY POLICY CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO THE PLATFORM AND ALL RELATED ACTIVITIES. IF ANY PART OF THESE TERMS IS HELD TO BE UNLAWFUL, VOID, OR UNENFORCEABLE, THAT PART SHALL BE DEEMED SEVERED AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS. ANY FAILURE BY US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION UNDER THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. YOU MAY NOT ASSIGN YOUR ACCOUNT, OR ANY RIGHTS OR LICENSES GRANTED HEREUNDER, WHETHER VOLUNTARILY, BY OPERATION OF LAW, OR OTHERWISE WITHOUT OUR PRIOR WRITTEN CONSENT.