This is not your typical User Agreement
Welcome to Musicians.com. The following terms constitute an agreement between you (“User”) and JAM, LLC (“Company”), the operator of the email service on Musicians.com (“we or us”). This agreement (“Terms of Service” or “TOS”) ) governs your use of Musicians.com which you access by signing in with a screen name or other credential (“Screen Name”) issued by us.
In order to use your free email account, you must use it regularly to keep it active. Company reserves the right to cancel any free e-mail account that is inactive for more than 21 days, and any data on a deactivated account may not be retrieved later.
When registering for an email account, User’s email address obtained through Musicians.com, whether in the English language or in any other Language:
Shall Not use the name of any celebrity, public figure, business, landmark, public attraction, place, building or facility, third person (whether living or dead), nor violate any trademark, copyright, or intellectual property law;
Shall Not use the name of any geographical region, political name, or governmental subdivision including any city, state, township, providence, or other common name of any geographical location (such as Durban@Musicians.com, freestates@Musicians.com), whether located in the United States or elsewhere throughout the world;
Shall Not use a trademark, copyright or patented name or identifier, that may infringe upon the rights of others, whether located in the United States or not;
Shall Not use any single-word nouns or verbs, whether in the plural or singular form, and whether defamatory or not, as the email account name (for example but not necessarily limited to) email addresses such as : joe@Musicians.com, businessname@Musicians.com (where User does not own the business name), safaris@Musicians.com, or friends@Musicians.com;
Shall Not use any email address that is misleading, vulgar, deceptive, offensive or otherwise constitutes a violation of this Agreement.
The use of any words, identifiers or and any other names that Company deems improper or unacceptable, in its sole and absolute discretion, shall subject the User’s email account to be deactivated without notice and pursuant to this Agreement.
Please read the agreement and these terms carefully as it sets forth your rights and obligations with respect to use of Musicians.com services.
By completing the registration process and clicking “I accept”,
you are indicating your agreement to be bound by all of the terms and conditions of this agreement. If you are not willing to be
bound by the terms and conditions of this agreement, you should click “I don’t accept”.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Musicians.com Email Services (“Services” or “Email”), owned and operated by Company, are provided to you (“User”) under the terms and conditions of this Agreement and these Terms of Service (“TOS”) and any operating rules or policies that may be published by Company. The TOS comprises the entire agreement between User and Company, and this agreement supersedes all prior agreements between the parties regarding the subject matter contained herein.
2. DESCRIPTION OF THE SERVICES
Company agrees to provide User with a Web-based mailbox to send and receive electronic mail (“email”). Company may also choose to offer other services such as chat, forums, mailing lists, calendar, greeting card, Web hosting, or Web-based SMS. User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (b) provide for User’s own access to the Web; and (c) pay any telephone or other connection and service fees associated with such access.
4. MODIFICATIONS TO TERMS OF SERVICE
Company reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion. Company will post any updates to the TOS on this website. By continuing to use the Services, User agrees to be bound by the amended TOS.
5. MODIFICATIONS TO THE SERVICES
Company reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to User. Company shall not be liable to User or any third party should Company exercise its right to modify or discontinue the Services.
6. USER ACCOUNT, PASSWORD, AND SECURITY
User is entirely responsible for maintaining the confidentiality of User’s password and account, and for any and all activities which occur under User’s account or password. User agrees to immediately notify Company in writing of any unauthorized use of User’s account, password, or any other breach of security known to User. User may change his/her password or profile by following instructions on the system.
7. DISCLAIMER OF WARRANTIES
Company provides the Services on an “as is” and “as available” basis, and User uses such Services solely at his/her own risk. Company makes no warranty that the Services will meet User’s requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor does Company make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. Company expressly disclaims all warranties of any kind, whether expressed, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User’s own discretion and risk. Company is not responsible for User’s computer system or loss of data that results from the download of such material and/or data. Company makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by User from Company shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to User.
8. LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. THE SOLE AND EXCLUSIVE REMEDY OF USER FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL THE CUMULATIVE LIABILILITY (OF COMPANY, ITS OFFICES, OWNERS, ASSIGNS, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, CREDITORS, VENDORS, AFFILIATES, PARTNERS, AND OUR SUPPLIERS) TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Company shall not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if User has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to User.
9. DATA STORAGE AND OTHER LIMITATIONS
Company has set no fixed upper limit on the number of messages a User may send or receive through the services. Company assumes no responsibility for the deletion of or failure to store, deliver, or deliver in a timely manner email messages. User is solely responsible for backing up and archiving all email.
10. USER CONDUCT
Company retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the TOS and may terminate services if Company determines at its sole discretion that User’s conduct is inconsistent with the TOS.
User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that User, and not Company, is entirely responsible for all Content that User uploads, posts or otherwise transmits via the Service. Company does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Services, User may be exposed to Content that is offensive, indecent or objectionable. Other instances of User Conduct that are prohibited by this Agreement are set forth in the Musicians.com User Agreement.
User agrees to indemnify, defend (at Company’s request), and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made or brought by any third party due to or arising out of User’s use of the Services or any part thereof, the violation of this TOS or any provision therein by User, or the infringement or misappropriation by User, or a third party using User’s computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User’s passwords or accounts.
Company may cancel or suspend your email address, registered user account or Screen Name at any time, without cause and/or without notice. We may terminate and/or suspend your email 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 email account has been deactivated for inactivity (see the Inactive Status section above), or if you have failed to pay any 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.
13. ENTIRE AGREEMENT
This contract and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between the User and the Company, and supersede all previous written or oral agreements. If any part of these Terms of Service 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.
14. CHOICE OF LAW AND LOCATION FOR RESOLVING ANY DISPUTES
User agrees that the law of the State of Washington governs this contract and any claim or dispute that you may have against us, without regard to Washington’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Washington.
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.
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- The email services provided hereunder are operated and managed under license to JAM, LLC which is solely responsible for its content and services.
COMMENTS AND QUESTIONS- If you have questions or suggestions, please contact us at:
Customer Care – User Policies
3213 West Wheeler St., #149
Seattle, Washington 98199 USA