MUSICPLUSS.COM TERMS AND CONDITIONS
The following document (defined as ‘agreement’) represents all of the content and material found on www.musicpluss.com (defined as ‘website’ or ‘site’ for future reference) presented in this document by MusicPluss (defined as ‘owner’) and is effective throughout the duration of this website’s existence. By accessing, browsing and/or otherwise using this site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this site. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. Please read this agreement carefully as it governs your use of the services and this site. This agreement applies to your access to, and browsing and/or use of, this website and the services and does not alter in any way the terms and conditions of any other agreement you may have with us for products, software, services unless otherwise directed by the owner or any admins. If you breach any of these terms and conditions, your authorization to use this site and the services automatically terminates, and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this site. By accessing, browsing and/or using this site and the services, you consent to receiving electronic communications from us. You agree that all notices, agreements, disclosures, and other communications that are sent to you electronically by this website shall satisfy any and all legal requirements that such communications be in writing. If you have any questions regarding this agreement, or any agreement or document herein incorporated, please contact the owner or admins by emailing firstname.lastname@example.org. This agreement may be edited and revised at ANY time for any reason, and the date of its’ last revision can be displayed at the bottom of this document.
(I). CONTENT. All postings, messages, information, data, text, files, images, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this site (collectively, the “content”), are the sole responsibility of the person from whom such content originated. You understand that this website does not control, and is not responsible for content made available through this site, and that by using this site, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, that you may not rely on said content, and that under no circumstances will this website be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via this site.
- a) All beats uploaded by the site owner or any other admin understand that the beats sold under the ‘Beats’ page or any of its’ sub-pages are for LEASING AND PROMOTIONAL purposes only. Some beats may contain loops, drum hits, vocals, or direct samples of copy-written songs. Beats may also contain loops and drums from undisclosed websites offering free downloads. Anyone who downloads any of these beats understands they are responsible for how they manage and distribute their downloads. All beats under the ‘Free!’ sub-page also follow these rules, although no purchase is necessary to download these beats. You do NOT own any of the beats sold in this section and have no exclusive rights to re-sell or make profits off of them. All of the beats under any of the sub-pages are to be leased ONLY, and can be sold an unlimited amount of times. This section does NOT cover anything uploaded by a third-party, such as any user who signs up and uploads their own music. Any information regarding the terms and agreement for those media files can be found later in this document under the ‘USERS’ section. Any of the beats on this site are NOT allowed to be refunded at any time and anyone who downloads any of the beats is responsible for their purchase.
- b) All songs uploaded by the site owner or any other admin understand they are not to be sold and are uploaded for PROMOTIONAL purposes only. Any single song or any song displayed as part of a compilation/album is to be downloaded with the understanding that you will download and listen to these songs for your own personal enjoyment. Such songs uploaded by the owner or admins have NOT been copy-written and may use instrumentals, vocals, or other samples from copy-written songs. This section does NOT cover anything uploaded by a third-party, such as any user who signs up and uploads their own music. Any information regarding the terms and agreement for those media files can be found later in this document under the ‘USERS’ section.
- c) All ringtones under the ‘Store’ section are custom-made loops entirely created by the owner and can be sold an unlimited amount of times. None of these ringtones contain any samples from a previously copy-written song. Ringtones may NOT be compatible with all cellular devices and it is NOT the site’s responsibly to address this issue. By downloading a ringtone, you are aware of the ability to purchase the file and set it as a ringtone to your device. This site does NOT handle any issues or complications with setting the ringtone to your cellular device and does NOT service any refunds.
- d) All images (NOT including any ‘Music Pluss’ logos) were created for PROMOTIONAL purposes only and may contain free images from the internet. Such images are not trademarked by this website and were downloaded from websites that allowed these images to be downloaded for free and recreated and edited with the sole purpose of promoting for web design. This website is NOT responsible for any user-uploaded images, and has no filtering on which images are used as their icons. Any information regarding the terms and agreement for those image files can be found later in this document under the ‘USERS’ section. Any image that may have been stolen or used without consent may be reported directly to the owner of this website and will handle the issue as soon as possible. To have an image removed, email an admin at email@example.com to have any particular image removed from this website. All ‘Music Pluss’ logos are trademarked and are NOT allowed to be copied or used anywhere besides this website. The trademarks and/or trade dress, service marks, trade names, and logos used and displayed on this site are registered and unregistered trademarks of this website (including its’ suppliers or other third parties) ONLY. In addition, the trademarks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of the site or the owner of the trademark(s) at issue. Nothing on this site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademarks used or displayed on the site, without the express written permission of the website owner or the owner of the trademark(s) at issue. The misuse of the trademarks displayed on this site is strictly prohibited.
- e) You are granted a limited, nonexclusive, and revocable right to create a “hypertext” link to this site, provided that such link is to the entry page of this site and does not portray the owner of this website, or any of the owner’s products or services, in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any logo, trademark or other proprietary information including the images found at this site, content of any text or the layout/design of any page or any form contained on a page without the owner’s express written consent. Links to third party sites on this site are provided solely as convenience to you. If you use these links, you will leave this site. Our website has not reviewed all of these third party sites and does not control, and is not responsible for, any of these sites or their availability, content, or policies, including, without limitation, privacy policies or lack thereof. We do not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such third party sites. Posting third-party links is prohibited, and may lead to a termination of your account.
(II). PURCHASES. All purchases made on this website are NON-REFUNDABLE and are paid for and handled by a third-party (PayPal). You do NOT directly pay the owner of this website, and if you have any questions on how payments are made, you should go to the PayPal website and search the FAQ section. Any products, such as beats, ringtones, drum kits, apparel, merchandise, or any other goods that are purchased from this site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by this website (or any agent, subcontractor, or other third party working on behalf of this site) to its carrier. While the owner, admins and its affiliates strive to be as accurate as possible, we do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error-free. For any products, merchandise, or goods that you purchase from this site which are not as they were described on this site (excluding electronic purchases such as beats and ringtones), your complete and sole remedy is to return the item unused to us (or a designated third party) for a full refund (excluding shipping and handling fees). NONE of your information is seen by the owner or any admin or other users of this website. All purchases are handled with PayPal which protects your information from any other persons.
- a) As previously stated, all beats located on this website for sale are NON-REFUNDABLE. All beats on this site (excluding ‘Free!’ beats) are tagged throughout the beat ONLY on this website. When purchasing, you will receive a link to download the untagged version of the beat (with the exception of the intro), which will be available as a one-time download. If you do not download the beat during the time the link is active, you will have to re-purchase the beat again. You will have the option of receiving the link via email or directly on the website. All beats on the site are uploaded as .mp3 files, however the file you receive will be in .WAV format. If you would like your download to be a different file type other than .WAV, search for a .WAV converter online, or simply use iTunes. All beat purchases are handled by PayPal, a third-party website. The owner or any admins do NOT have any control of your payments. Everything is handled through PayPal before anything is completed, so we can assure your information is kept safe.
- b) All ringtones downloaded off of this site are one-time, NON-REFUNDABLE purchases. It is YOUR responsibility to know if your cellular device is compatible with downloading new ringtones and figuring out how to use them. Ringtones are in .ACC format and may be converted in iTunes or any other music converter. If you do not know how to install ringtones on to your cellular device, it is in your best interest to NOT download any ringtones we provide for sale. All ringtones are composed using simple melodies and do NOT use any samples from copy-written songs. All ringtone files are no longer than one minute in length, and may be used freely on any cellular device ONLY. Ringtones are NOT for re-sale. All ringtone purchases come with a one-time download link directly to your email. You may also access the link directly on our site. If you do not download the ringtone during the time the link is active, you will have to re-purchase it again. All ringtone purchases are handled by PayPal, a third-party website. The owner or any admins do NOT have any control of your payments. Everything is handled through PayPal before anything is completed, so we can assure your information is kept safe.
- c) DRUM KITS. Drum Kits are a one-time downloaded file consisting of loops and drum sounds compressed into .zip files which contain .WAV files for beat making. These .zip packages are easily extractable by unzipping the files. All of the Drum Kits purchased on this site are NON-REFUNDABLE and can be downloaded as soon as the purchase is made. After your order is processed, you will have the option of receiving the link via email or directly on the website. All Drum Kit purchases are handled by PayPal, a third-party website. The owner or any admins do NOT have any control of your payments. Everything is handled through PayPal before anything is completed, so we can assure your information is kept safe. Non of the content of the Drum Kits including the .zip files themselves are to be resold at anytime.
- d) All image apparel is personally designed by the owner of this website and all images and slogans used are protected by the owner. All apparel is made through a third-party website and all refunds can be handled through their website. All payments made for apparel are either made directly through a third-party website which distributes the apparel themselves or handled through PayPal. The owner or any admins do NOT have any control of your payments. Everything is handled through PayPal before anything is completed, so we can assure your information is kept safe.
- e) All fees (if any) shall be at the then current prices. Upon registering for use of the services, you must sign in with a PayPal account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this agreement and shall be sufficient cause for the immediate termination of this agreement by the owner. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed, other than taxes based on the website’s net income. All taxes (if any) will be shown BEFORE the purchase is made, so you know exactly what to expect upon your purchase.
(III). USERS. By signing up and becoming a member, you agree to the terms and conditions in this agreement, and understand that at any given time, your membership may be cancelled or terminated, and that all information will be lost. As a user, you may upload and promote your own songs under a sub-page of this website. Your user name will be the name of your page which will shown in hyperlink form as website.com/username to make it simple and easy to share with others. All information provided and content displayed must be your own. You may NOT upload or display any other information but your own. Please make sure you have an active email address in case the owner or admins have to contact you regarding your account. Signing up as a registered user is OPTIONAL and any member who signs up must adhere to this agreement.
- a) When registering, you will have the option to post GENERAL information on the website for others to see. PERSONAL information (such as full name, location, age) should not be posted on the website. Members should register with a username instead of their real name. You will be asked to create a password, which will NOT be accessible by anyone else (including the owner and admin). You are fully responsible for maintaining the confidentiality of your username and password and all activities that occur under your username and password as well as ensuring that you exit from your account at the end of each session. Your username and password are for your use only, and you may not transfer your username, account, or password to another party without the owner’s consent. You agree to immediately notify the owner or admins by email at firstname.lastname@example.org of any unauthorized use of your username, password or account or any other breach of security. Please keep a record of your username and password in a safe place, as it will NOT be stored in our servers. If you lose your password, you will have to re-join the site, and your old account will be immediately terminated. When registering, you agree to provide true, accurate, current and complete transactional information and any information about you and maintain and promptly update such information to keep it true, accurate, current and complete. You also understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to this website is done so at your own risk.
- b) The owner, admins, or any other user registered to this website does not claim ownership of the content you provide (including posts, uploads, or input or submit) to this site. However, by posting, uploading, inputting, providing or submitting your content, you are granting all members and its licensors a perpetual, irrevocable, worldwide, royalty-free and fully sub-licensable (through multiple tiers) right to use your content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content; publish your name in connection with your content; and sublicense such any such rights. No compensation will be paid with respect to the use of your content as provided herein. This website is under no obligation to post or use any content you may provide, and we may remove any content at any time in its sole discretion. By submitting content (such as icons, music uploads, and personal information), you warrant and represent that you own or otherwise control all of the rights to your content as described in this agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content. Further, you acknowledge, consent and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process, enforce this agreement and any documents incorporated herein, and protect the rights, property or personal safety of the owner, its users, and the public. You understand that the technical processing and transmission of the services, including your content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
- c) Unless otherwise provided herein, notices given by the owner or admins to you will be given by email or by conventional mail. Notices will be sent to the email address or mailing address you provide to us as part of the registration process, or to an updated address that you provide to the site via notice consistent with this section. Notices given by you to us must be given by email to email@example.com or such updated address(es) as we may provide to you consistent with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notices sent to the email or conventional mailing address last provided by you to us shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative. We will not “spam” your email with any unimportant or irrelevant articles that are unrelated to this site.
- d) We have the right, at any time, to modify, cancel or suspend the services, or any part thereof, without cause and without notice. You agree that the owner shall not be liable to you or to any third party for any immaterial modification of the services or any modification of the services which, in the owner’s sole discretion, constitutes an improvement. Upon cancellation of the cancelled services, your right to use the services stops right away. Once the services are cancelled or suspended, any data or content you have stored on this site via the services may not be retrieved later. our cancellation of the services will not alter your obligation to pay all charges made to your billing account, provided, however, if the owner cancels the services in their entirety without cause, or materially modifies the services in such a way that compromises the quality or quantity of the services provided. We will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your services remaining right before the cancellation or the material and adverse modification. Please adhere to all of the terms in this agreement to avoid cancellation.
- e) Any user registered with this site may have their membership terminated at any time. If the reason of termination is for illegal uploads, images or any other content, no warning will be administered. However, if the user’s account is up for termination based on inactivity, the user will be emailed with the email they used to register one week ahead of the termination. Termination may occur if the user is inactive for a period longer than one calendar year. If the user contacts the owner or admins of the site within that week, or becomes active during this span, the user will be removed from the site’s inactivity log. In addition, you agree that owner or any other admin may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the services. Cause for such termination shall include, but not be limited to, breaches or violations of this agreement or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the service (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, engagement by you in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with the services. Termination of your account includes removal of access to all offerings within the services, deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and barring of further use of the services. Further, you agree that terminations for your account shall be made by our sole discretion and that, except as explicitly provided herein, we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the services. Upon any termination of this agreement, you shall immediately discontinue use of the services. Please contact the owner or admins via email at firstname.lastname@example.org if there a mistake in termination that has been made.
(IV). RESTRICTIONS. You acknowledge and agree that you do not acquire any ownership rights by using the site, the services, the content, the trademarks or the materials. You also agree that you shall only use this site, the services, the content, the trademarks and the materials in a manner that complies with all applicable laws in the jurisdictions in which you use the services, and that your use of this site, the services, the content, the trademarks and the materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of this site and the services shall not violate or infringe the rights of any third party. Any forbidden use shall immediately and automatically terminate your license to use the services and the materials without notice. Any unauthorized use of the services, the content, the trademarks and/or the materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. The owner reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the services. In addition, you may NOT:
- a) Modify, distribute, copy, reproduce, display, republish, download, upload or transmit any materials on this site for commercial use, or otherwise, without the prior written approval from the owner.
- b) Copy, “frame” or “mirror” any content contained on this site on any other server without prior written permission.
- c) Permit other individuals or companies to use the services and/or the materials including the website itself.
- d) Modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this site including all services and materials.
- e) Rent, lease, transfer, resell and/or or otherwise transfer rights to the trademarks, content, materials, or services on this website.
- f) Delete or write over any portion of any software relating in any manner to the site or the services.
- g) Use this site for any commercial purpose, such as conducting sales of tickets, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind.
- h) Use this Site or the Services if you are temporarily or indefinitely suspended from the site.
- i) Access, or attempt to access, other areas of the owner or any other users’ computer system or other computer systems through this site for any purposes.
- j) Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mime,” or copy the pages on this site or the content contained hereon without owner’s prior, express, and written permission.
- k) Use any device, software or routine to interfere, or attempt to interfere, with the proper working of this site or take any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure.
- l) Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or any other content that could give rise to any civil or criminal liability under both domestic and international law. Pornography and merchandising related to pornography are prohibited under all services, including providing links to pornographic content elsewhere.
- m) Impersonate any person, including, but not limited to, the site owner, an admin, user, or falsely state or otherwise misrepresent your affiliation with a person.
- n) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- o) Upload, post, email or otherwise transmit any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- p) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- q) Upload, post, email or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- r) Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services.
- s) Bully, “stalk” or otherwise harass another member or user.
- t) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites.
- u) Effectuate security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
- v) Harvest or collect information about other site users without their express consent.
- w) Restrict or inhibit any other visitor from using the site, including, without limitation, by means of “hacking” or defacing any portion of the site.
- x) Assist any third party in engaging in any activity prohibited by this agreement.
(V). MONITORING. Any owner or admin of this website has the right, but not the obligation, to monitor this site, and as a general practice does not monitor this site or any content posted hereon or otherwise submitted hereto. Notwithstanding the foregoing, we reserve the right, but not the obligation, to refuse to post or to remove any content, or any information or materials from any portion of this site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of this agreement. You acknowledge that we may establish general practices and limits concerning use of this site, including without limitation, limiting the maximum number of days that message board postings or other uploaded content will be retained by this site, the maximum disk space that will be allotted on company servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access this site in a given period of time. You agree that the owner and admins have no responsibility or liability for the deletion of content, failure to store or to deliver any messages and other communications, the modification or malformation of data communications over this site, or other content maintained or transmitted by this site. Please remember that this site and any sub-pages, blogs, message boards, or other such forums or communities are merely provided as venues for users to upload, use, exchange and edit content. This owner is not responsible for any user’s content that may appear on this site; nor is responsible for or involved in reviewing, editing, or removing any content on this site. We also do not have any control over and does not guarantee the quality, applicability or accuracy of any content. We do not assume any liability associated with a user’s use of the services, the materials, or this site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any content. Please make sure that the content you provide conforms to all applicable intellectual property right laws.
(VI). PROVISIONS. If any provision(s) of this agreement is(are) held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. This agreement may be assigned in whole or in part by the the owner and admins. This agreement may not be assigned in any manner by you without the express, prior written permission of the owner. There are no third party beneficiaries to this agreement. This agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter. If any provision of the agreement is found to be illegal or unenforceable, the agreement will be deemed curtailed to the extent necessary to make the agreement legal and enforceable and will remain, as modified, in full force and effect. Nothing in the agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the owner nor any other party to this agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.