MelodyCheck WEBSITE TERMS AND CONDITIONS
Last updated: August 25th, 2021
These Terms and Conditions constitute a legally
binding agreement made between you, whether personally or on behalf of an
entity (“you”) and MelodyCheck (“we,” “us” or “our”), concerning your access to and use of the MelodyCheck.com
website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
You agree that by accessing the Site, you have
read, understood, and agree to be bound by all of
these Terms and Conditions. If you do not agree with all of
these Terms and Conditions, then you are expressly prohibited from using the
Site and you must discontinue use immediately.
Supplemental terms and conditions or documents
that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms and Conditions at any time and
for any reason.
We will alert you about any changes by updating
the “Last updated” date of these Terms and Conditions, and you waive any right
to receive specific notice of each such change.
It is your responsibility to periodically review
these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms and Conditions by your
continued use of the Site after the date such revised Terms and Conditions are
posted.
The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country.
Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at least
13 years of age. All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If you are a
minor, you must have your parent or guardian read and agree to these Terms and
Conditions prior to you using the Site.
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms and Conditions, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
Provided that you are eligible to use the Site,
you are granted a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content
and the Marks.
By using the Site, you represent and warrant
that:
(1) all registration information you submit will
be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update
such registration information as necessary;
(3) you have the legal capacity
and you agree to comply with these Terms and Conditions;
(4) you are not under the age of 13;
(5) not a minor in the jurisdiction in which you
reside[, or if a minor, you have received parental
permission to use the Site];
(6) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or
unauthorized purpose;
(8) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current
or future use of the Site (or any portion thereof).
You may be required to register with the Site.
You agree to keep your password confidential and will be responsible for all
use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any
purpose other than that for which we make the Site available. The Site may not
be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of
abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of
another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to
harass, abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or commercial
enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any
Content.
19. copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using or launching any unauthorized
script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site.
24. use the Site in a manner inconsistent with any applicable laws or
regulations.
25. [other]
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of
the Site and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and warrant
that:
1. the creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
2. you are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by
the Site and these Terms and Conditions.
3. you have the written consent, release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms and Conditions.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation, or
rule.
10. your Contributions do not violate the privacy or publicity rights of any
third party.
11. your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. your Contributions do not violate any federal or state law concerning
child pornography, or otherwise intended to protect the health or well-being of
minors;
13. your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms and Conditions, or any applicable law or
regulation.
Any use of the Site in violation of the
foregoing violates these Terms and Conditions and may result in, among other
things, termination or suspension of your rights to
use the Site.
By posting your Contributions to any part of the
Site [or making Contributions accessible to the Site by linking your account
from the Site to any of your social networking accounts], you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works of, or incorporate into other
works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Site.
You are solely responsible for your
Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you must comply with the following
criteria:
(1) you should have firsthand experience with
the person/entity being reviewed;
(2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references
to illegal activity;
(5) you should not be affiliated with
competitors if posting negative reviews;
(6) you should not make any conclusions as to
the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our
sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners.
We do not assume liability for any review or for
any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
If you access the Site via a mobile application,
then we grant you a revocable, non-exclusive, non-transferable, limited right
to install and use the mobile application on wireless electronic devices owned
or controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms and Conditions.
You shall not:
(1) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary
notice (including any notice of copyright or trademark) posted by us or the
licensors of the application;
(5) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
(6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time;
(7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application;
(8) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the application.
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site:
(1) the license granted to you for our mobile
application is limited to a non-transferable license to use the application on
a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service;
(2) we are responsible for providing any
maintenance and support services with respect to the mobile application as
specified in the terms and conditions of this mobile application license
contained in these Terms and Conditions or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the
mobile application;
(3) in the event of any failure of the mobile
application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a
U.S. government embargo, or that has been designated by the U.S. government as
a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties;
(5) you must comply with applicable third-party
terms of agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the mobile application;
6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this
mobile application license contained in these Terms and Conditions, and that
each App Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile application
license contained in these Terms and Conditions against you as a third-party
beneficiary thereof.
As part of the functionality of the Site, you
may link your account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by either: (1) providing
your Third-Party Account login information through the Site; or (2) allowing us
to access your Third-Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled
to disclose your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any of the terms
and conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party
Account.
By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on
and through the Site via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account.
Depending on the Third-Party Accounts you choose
and subject to the privacy settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social Network Content
may no longer be available on and through the Site. You will have the ability
to disable the connection between your account on the Site and your Third-Party
Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Site.
You can deactivate the connection between the
Site and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that
become associated with your account.
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with
you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
The Site may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content.
Inclusion of, linking to, or permitting the use
or installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms and
Conditions no longer govern.
You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party.
You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
We allow advertisers to display their
advertisements and other information in certain areas of the Site, such as
sidebar advertisements or banner advertisements. If you are an advertiser, you
shall take full responsibility for any advertisements you place on the Site and
any services provided on the Site or products sold through those
advertisements.
Further, as an advertiser, you warrant and
represent that you possess all rights and authority to place advertisements on
the Site, including, but not limited to, intellectual property rights,
publicity rights, and contractual rights.
[As an advertiser, you agree that such
advertisements are subject to our Digital Millennium Copyright Act (“DMCA”)
Notice and Policy provisions as described below, and you understand and agree
there will be no refund or other compensation for DMCA takedown-related
issues.] We simply provide the space to place such advertisements, and we have
no other relationship with advertisers.
We reserve the right, but not the obligation,
to:
(1) monitor the Site for violations of these Terms
and Conditions;
(2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Terms and Conditions,
including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof;
(4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way burdensome
to our systems;
(5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We care about data privacy and security. Please
review our Privacy Policy [CLICK HERE]/posted on the Site]. By using the Site,
you agree to be bound by our Privacy Policy, which is incorporated into these Terms
and Conditions. Please be advised the Site is hosted in the United States.
If you access the Site from the European Union,
Asia, or any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the
Site, you are transferring your data to the United States, and you expressly
consent to have your data transferred to and processed in the United States.
[Further,
we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S. Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under
the age of 13 has provided personal information to us without the requisite and
verifiable parental consent, we will delete that information from the Site as
quickly as is reasonably practical.]
We respect the intellectual property rights of
others. If you believe that any material available on or through the Site
infringes upon any copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided below (a
“Notification”).
A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements
of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(2) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works on the Site
are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit
us to contact the complaining party, such as an address, telephone number, and,
if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
If you believe your own copyrighted material has
been removed from the Site as a result of a mistake or
misidentification, you may submit a written counter notification to [us/our
Designated Copyright Agent] using the contact information provided below (a
“Counter Notification”).
To be an effective Counter Notification under
the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been
removed or disabled and the location at which the material appeared before it
was removed or disabled;
(2) a statement that you consent to the
jurisdiction of the Federal District Court in which your address is located, or
if your address is outside the United States, for any judicial district in
which we are located;
(3) a statement that you will accept service of
process from the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that
you have a good faith belief that the material in question was removed or
disabled as a result of a mistake or misidentification of the material to be
removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter
Notification meeting the requirements described above, we will restore your
removed or disabled material, unless we first receive notice from the party
filing the Notification informing us that such party has filed a court action
to restrain you from engaging in infringing activity related to the material in
question.
Please note that if you materially misrepresent
that the disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and
attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
[Name]
Attn: Copyright Agent
[Address]
[City, State Zip]
[email]
We respect the intellectual property rights of
others. If you believe that any material available on or through the Site
infringes upon any copyright you own or control, please immediately notify us
using the contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification.
Please be advised that pursuant to federal law
you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to
by the Site infringes your copyright, you should consider first contacting an
attorney.]
These Terms and Conditions shall remain in full
force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
[YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party.
In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all
or part of the Site without notice at any time.
We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site at any time or for any
reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or
use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the
Site are governed by and construed in accordance with the laws of the State of
[name of state] applicable to
agreements made and to be entirely performed within the State/Commonwealth of
[name of state], without regard to its conflict of law principles.
Option 1: Any legal action of whatever nature brought by
either you or us (collectively, the “Parties” and individually, a “Party”)
shall be commenced or prosecuted in the state and federal courts located in
[name of county] County, [name of state], and the Parties hereby consent to, and
waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such
state and federal courts.
Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms and
Conditions. In no event shall any claim, action, or proceeding brought by
either Party related in any way to the Site be commenced more than 7 years
after the cause of action arose.
To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Terms and Conditions (each
a "Dispute" and collectively, the “Disputes”) brought by either you
or us (individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute
through informal negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org.
Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. [If such costs are determined
to by the arbitrator to be excessive, we will pay all arbitration fees and
expenses.]
The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a
statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and
any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in [name of county] County, [name of state].
Except as otherwise provided herein, the Parties
may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
If for any reason, a Dispute proceeds in court
rather than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in [name of county] County, [name of state],
and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect
to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on
Contracts for the International Sale of Goods and the the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms
and Conditions.
In no event shall any Dispute brought by either
Party related in any way to the Site be commenced more than 7 years after the
cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
To expedite resolution and control the cost of
any dispute, controversy or claim related to these Terms and Conditions (each a
"Dispute" and collectively, “Disputes”), any Dispute brought by
either you or us (individually, a “Party” and collectively, the “Parties”)
shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA
Consumer Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. [If such costs are determined
to by the arbitrator to be excessive, we will pay all arbitration fees and
expenses.]
The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so.
Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in
[name of county] County, [name of state]. Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
If for any reason, a Dispute proceeds in court
rather than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in [name of county] County, [name of state],
and the Parties hereby consent to, and waive all defenses of lack of, personal
jurisdiction, and forum non conveniens with respect
to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
In no event shall any Dispute brought by either Party related in any way to the
Site or Services be commenced more than 7 years after the cause of action
arose.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other
persons.
The Parties agree that the following Disputes
are not subject to the above provisions concerning [informal negotiations and]
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive
relief.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions that may relate to
the Site, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time,
without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
[NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 6 MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING [OR] [$100]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.]
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) [your Contributions]; (2)
use of the Site; (3) breach of these Terms and Conditions; (4) any breach of
your representations and warranties set forth in these Terms and Conditions;
(5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit
to the Site for the purpose of managing the Site, as well as data relating to
your use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site.
You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be
in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE.
You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.
These Terms and Conditions and any policies or
operating rules posted by us on the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision.
These Terms and Conditions operate
to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these
Terms and Conditions is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms and
Conditions and does not affect the validity and enforceability of any remaining
provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us
as a result of these Terms and Conditions or use of the Site. You agree that
these Terms and Conditions will not be construed against us by virtue of having
drafted them.
You hereby waive any and all
defenses you may have based on the electronic form of these Terms and
Conditions and the lack of signing by the parties hereto to execute these Terms
and Conditions.
In order
to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
www.MelodyCheck.com
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