Subscribers Agreement

Thank you for visiting Musicians.com and registering for our Subscription Services.

This Subscriber’s Agreement and Terms of Use govern your use of the subscription services offered through Musicians.com (the “Service”). We recommend that you read our Frequently Asked Questions for more details before purchasing a subscription on this site. If you have any questions regarding these terms and conditions please contact our customer services team via the this contact form.

The following terms constitute an agreement between you (“User”, "Your", or "You") and Paley Media, Inc., (“Company”) which is the exclusive licensee, manager, and operator of Musicians.com ("We”, “Our” or Us").

Please read the following terms and conditions of this Subscription Agreement carefully as it sets forth your rights and obligations with respect to use of the subscription services provided by us.

By clicking "Subscribe" (1) you are indicating your agreement to be bound by all of the terms and conditions of this Agreement, (2) you agree to transact with us electronically, and (3) you consent to the information practices disclosed in our Terms of Use and Privacy Policy. If you do not agree to be bound by the terms of this Agreement and the Terms of Use and Privacy Policy then you should click “DISAGREE”. If you click “DISAGREE” then you will not be able to proceed with the registration process for this service and cannot become a subscriber. If you use this service without having completed our registration process then you are notified that your continued use of this Service is still subject to these terms and conditions.

Introduction

These terms and conditions govern the subscription services that are offered on Musicians.com and were last updated on 12 July 2010. The terms and conditions of this are to be read in conjunction with our Terms of Use and Privacy Policy. At our discretion, we may update or modify these terms and conditions for any reason or to reflect changes in our services, business practices or for any other reason. If you are a subscriber then we will email you to notify you of any material changes in this Agreement. You should regularly check to see if any changes have been made to this Agreement. As a subscriber to Musicians.com you are now being made aware that any changes to this Agreement shall become effective from the date of your next payment following the change unless we notify you otherwise. We may in exceptional circumstances cease to make Musicians.com available or may elect to cease providing subscription services. If we elect to so do then Musicians.com will offer you a refund of the unexpired period of your subscription.

Contracting party

Your subscription contract will be fulfilled by Paley Media (“PMI”), a company registered in the state of Washington.

Right to Refuse Orders

We reserve the right not to accept or process your subscription or order for any reason. All orders are subject to validation checks and authorization by your payment card issuer or similar other third party service.

Fees and Payment

When you click "Subscribe" to place your subscription order online, you are agreeing to pay the subscription fees and any other charges in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. You will be automatically billed for all charges to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must contact us by means of this contact form. You are responsible for any fees or charges incurred to access this Service through an Internet access provider or other third-party service. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.

Renewals, Cancellations and Refunds

Your subscription will automatically renew and continue until you notify us in writing tell us that you no longer wish to subscribe to the Service. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. If you wish to cancel your subscription you must do so before it renews in order to avoid billing charges by sending written notice via this contact form and by supplying your account name, name that you used to subscribe to this Service, full postal address and post/zip code. After the first 30 days of service, there will be no refunds of any unused portion of your subscription term. We reserve the right to suspend or terminate your subscription, with or without notice, and if you breach any terms and conditions of this Agreement or breach any part of Terms of Use. If we terminate or suspend your subscription for any other reason and/or permanently cease offering subscription services then we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

Limitations on Use

Only one individual may access the Service at the same time using the same user name or password, unless we agree otherwise. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content appearing on Musicians.com or received through the Services to anyone. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR ACCESS AND USE OF THIS SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICES AS WELL AS ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PALEY MEDIA, ITS RELATED CORPORATIONS, SUBSIDIARIES, AND ITS LICENSORS (“COMPANY PARTIES”) WILL NOT BE LIABLE, EITHER JOINTLY OR SEVERALLY, TO YOU OR ANY OTEHR PERSON AS A RESULT OF YOUR USE OF ACCESS OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PR DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPPLOYEES, AFFILIATED COMPANIES, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORSEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESEPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and Company with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Company with respect to this site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

LIMITED LICENSE

Except for your uploaded music and commercial images, by posting or submitting content to this site, you grant Company and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Company will not infringe or violate the rights of any third party.

INDEMNIFICATION

You agree to indemnify Musicians.com, Company, its employees, directors, officers, related corporations, subsidiaries, attorneys, shareholders, agents, assigns, and representatives, and to hold them harmless, from any and all losses, claims, and liabilities (including attorneys' fees) which may arise from your submissions or deletion thereof, from your use of any service and/or material obtained from or through any services provided on this site, or from your breach of these rules or any other agreement between you and Company. You further agree that Company and Musicians.com is not responsible, and shall have no liability to you or your agents, representatives, employees, shareholders, directors, or any party related to you in any way, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.

TERMINATION

Company may cancel or suspend your registered user account or Screen Name at any time, without cause and/or without notice. We may terminate and/or suspend your account or Screen Name immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Services, if your account has been deactivated for inactivity (see the Inactive Status section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use the Services will end once your Services are cancelled or terminated, and any data you have stored on such a Service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service.

CHOICE OF LAW AND JURISDICITON

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Washington, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF WASHINGTON OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF WASHINGTON FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

MODIFICATION

Company reserves the right to modify these policies at any time. These policies do not supersede any other policies, or terms and conditions adopted or stated herein.

ASSIGNMENT

Company may assign this Agreement at any time without notice to you. You may not assign this contract to anyone else.

OPERATION UNDER LICENSE

This site is operated and managed under license to Paley Media, Inc., which is solely responsible for its management, operation, and administration.

COMMENTS AND QUESTIONS

If you have questions or suggestions, please contact us by email or at the following address:

Musicians.com
c/o Paley Media, Inc.
Customer Care - User Policies
3213 West Wheeler St., #172
Seattle, Washington 98199 United States of America

Corporate