Musicians Discussion Board Policy
Definitions: “Musicians.com” is an interactive on-line service operated by Paley Media, Inc. (“PMI”) on the World Wide Web of the Internet, consisting of information services and content provided by PMI, affiliates of PMI, and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of Musicians.com.
Musicians.com Message Boards are a free service provided to users of Musicians.com. By posting a message in the Musicians.com Message Boards, you agree to be bound by the following terms and conditions. If you do not wish to be bound by these terms, then please do not use Musicians.com Message Boards.
This Agreement, incorporates by reference other provisions applicable touse of Musicians.com, including, but not limited to, supplemental terms and conditions set forth herein (“Supplemental Terms”) governing the use of certain specific material contained in Musicians.com, and sets forth the terms and conditions that apply to use of Musicians.com by Subscriber.
By using Musicians.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Musicians.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
Musicians.com shall have the right at any time to change or discontinue any aspect or feature of Musicians.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Musicians.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of Musicians.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Musicians.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Musicians.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, or additions.
Limitations on Use
You understand that all messages appearing here are the sole responsibility of those persons posting the message. This means that you, and not Musicians.com, are entirely responsible for all information and material that you post on the Musicians.com Message Boards. Musicians.com does not control the content of any messages posted on Musicians.com Message Boards and does not guarantee the accuracy, integrity, or quality of anything on the Musicians.com Message Boards or any products or services that may appear here.
You understand that by using the Musicians.com Message Boards, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Musicians.com be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained in the Musicians.com Message Boards.
Further, you agree not to do any of the following while using Musicians.com Message Boards:
Transmit any message, information, data, text, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
Impersonate any person or entity, including but not limited to, any Musicians.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any software or graphic files on any Musicians.com Message Board or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation in any Musicians.com Message Board;
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to the regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, and any regulations having the force of law while using or accessing the Musicians.com Message Boards; and
Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party. By submitting Content to any Musicians.com Message Board, you automatically grant — or warrant that the owner of such Content has expressly granted — Musicians.com the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Third Party Content
Musicians.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Musicians.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Musicians.com, are those of the respective author(s) or distributor(s) and not of Musicians.com.
Neither Musicians.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 14 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the Content available through Musicians.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Musicians.com. Musicians.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Musicians.com by anyone other than authorized Musicians.com employee spokespersons while acting in their official capacities. Under no circumstances will Musicians.com be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through Musicians.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through Musicians.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
Musicians.com shall have the right, but not the obligation, to monitor the content of Musicians.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Musicians.com and to satisfy any law, regulation or authorized government request. Musicians.com shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on Musicians.com. Without limiting the foregoing, Musicians.com shall have the right to remove any material that Musicians.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Either Musicians.com or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Musicians.com shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which Musicians.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 4, 5, and this Section 8 shall survive termination of this Agreement.
Message boards sometimes contain material in which users share material they have copied electronically from other sources. Because there are many thousands of possible sources spread out across the Internet, e.g., newspapers, scientific journals, and bulletin boards, it is impossible to determine if any message on any Musicians.com INTERACTIVE Message Board infringes the copyright of another party. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Musicians.com so the situation can be promptly addressed. To notify us, please write to us at [email protected] .
It is Musicians.com’s policy to take reasonable measures to respect the privacy of Musicians.com’s users. Musicians.com will take reasonable measures to not disclose the contents of your communications outside the Musicians.com Message Boards unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms and conditions; (iii) respond to claims that any Content on Musicians.com violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Musicians.com, its users, and the public.
Sites Linked From the Musicians.com Web site: Musicians.com Message Boards may provide and users may include in messages, links to other Web sites or resources. Musicians.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Musicians.com 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 use of or reliance on any such content, goods, or services available on such external sites or resources.
Disclaimer of Warranty
The services, information or data (collectively, “Information”) made available at the Musicians.com Web site are provided “AS IS”, without warranties of any kind. Musicians.com expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Musicians.com shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on the Musicians.com Web site. Musicians.com shall have no liability for:
Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
YOU EXPRESSLY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Musicians.com, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF THE USE OF ANY Musicians.com USER OR SUBSCRIBER’S ACCOUNT MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
YOU EXPRESSLY AGREE THAT USE OF Musicians.com MESSAGE BOARDS IS AT YOUR OWN RISK. FOR PURPOSES OF THIS SECTION, Musicians.com SHALL INCLUDE ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF INFORMATION OR DATA.
No Liability for Content
Musicians.com SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON Musicians.com MESSAGE BOARDS.
Musicians.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Musicians.com MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
Musicians.com MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED.
Musicians.com MAKES NO WARRANTY THAT ANY CONTENT ON THE Musicians.com MESSAGE BOARDS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Musicians.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Musicians.com MESSAGE BOARDS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Musicians.com MESSAGE BOARDS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, Musicians.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE Musicians.com MESSAGE BOARDS OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH Musicians.com MESSAGE BOARDS OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGES, EVEN IF Musicians.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of Musicians.com and all charges related thereto.
This Agreement and any operating rules for Musicians.com established by Musicians.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If you become aware of any messages in any Musicians.com Message Boards that violate these terms and conditions, please cut and past the relevant content into an e-mail together with the offending person’s identification and contact us. Musicians.com cannot guarantee that any action will be taken as a result of your e-mail.