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Terms of Use
TERMS OF USE
This is an agreement between you and Music Mogul, Inc. (“Music Mogul”). By using and/or visiting this website (collectively, including all content and functionality available through the MusicMogul.com domain name, the “Website” or “Site”), you signify your agreement to (1) these terms and conditions (the "Terms"), (2) Music Mogul’s Privacy Policy, found at http://musicmogul.com/ in the Terms of Use section and incorporated here by reference, and (3) Music Mogul’s Copyright Policy, found at http://musicmogul.com and also incorporated here by reference. If you do not agree to any of these Terms, the Music Mogul Privacy Policy, or the Music Mogul Copyright Policy, please do not use the Music Mogul Website or any of the services or products contained therein.
Music Mogul may update these Terms from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Music Mogul may also, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Music Mogul will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.
These Terms constitute a binding agreement between you and Music Mogul, and is accepted by you upon your use of the Site or your account. These Terms constitutes the entire agreement between you and Music Mogul regarding the use of the Site and your account. By clicking "I agree" you represent that you are capable of entering into a binding agreement and you agree to be bound by these Terms.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then you may not use the Music Mogul Website.
Who These Terms Apply To:
These Terms apply to all users of the Music Mogul Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Music Mogul Website includes all aspects of the Music Mogul experience, including but not limited to all products, software and services offered via the website such as the Music Mogul virtual world.
However, the Music Mogul Website may contain links to third party websites that are not owned or controlled by Music Mogul. Music Mogul has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Music Mogul will not and cannot censor or edit the content of any third-party website. By using this Site, you expressly relieve Music Mogul from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the relevant terms and conditions of any third party website that you visit.
Guidelines for Behavior.
Within Music Mogul, we want to support users in shaping their specific experiences and making their own choices. There are five primary guidelines for behavior (the “Guidelines”), the violation of which will result in suspension or, after repeated violations, expulsion from the Music Mogul community. All guidelines apply to all areas of Music Mogul, the Music Mogul forums, and the Music Mogul website.
1. Intolerance. Music Mogul does not permit the use of derogatory or demeaning language or images in reference to another Resident's race, ethnicity, gender, religion, or sexual orientation.
2. Harassment. Music Mogul does not permit communicating or behaving in a manner which is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm.
3. Disclosure. Music Mogul does not permit: (i) sharing personal information about another user --including gender, religion, age, marital status, race, sexual preference, and real-world location beyond what is provided by that user in that user’s profile, or (ii) remotely monitoring conversations, posting conversation logs, or sharing conversation logs without consent.
4. Indecency. Music Mogul does not permit content, communication, or behavior which involves intense language or expletives, nudity or sexual content, the depiction of sex or violence, or anything else broadly offensive.
5. Disturbing the Peace. Music Mogul does not permit disrupting scheduled events, repeated transmission of undesired advertising content, the use of any mechanisms that intentionally slow server performance or inhibit another user’s ability to enjoy Music Mogul.
6. Misuse of Accounts. Music Mogul does not permit using another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Music Mogul immediately of any breach of security or unauthorized use of your account. Although Music Mogul will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Music Mogul or others due to such unauthorized use of your account.
7. Alternate Accounts. While users may choose to use Music Mogul with more than one account, specifically or consistently using an alternate account to harass other users or violate the Guidelines is not acceptable. Alternate accounts are generally treated as separate from a user's principal account, but misuse of alternate accounts can and will result in disciplinary action on the principal account.
8. Your Obligations When Ranking Content. At this Site you may be given the opportunity to review and rank Submitted Content. You are solely responsible for your rankings and reviews, which must adhere to these Terms, including the Submission Rules.
Guidelines for Content:
Content on within the Site provided by Music Mogul or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Music Mogul Content") is the property of Music Mogul and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the Site ("Submitted Content"), such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by Music Mogul subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. Although Music Mogul makes efforts to insure that all material on this site is correct, accuracy cannot be, and is not, guaranteed by Music Mogul.
You agree not to download, display or use any Music Mogul Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Music Mogul, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Music Mogul and/or its licensors, that dilutes the strength of Music Mogul's or its licensor's property, or that otherwise infringes Music Mogul's or its licensor's intellectual property rights. You further agree to in no other way misuse any Music Mogul Content or Submitted Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Contact Us link and follow the instructions at that area. Users who believe that user-posted content includes infringing materials should click on the Copyright icon while playing or judging.
On certain areas of our Site you may be able to submit Submitted Content. In addition to the general Guidelines, your posting of Submitted Content is subject to these Terms, the following terms (“Submission Rules”), and any additional terms posted for a specific feature:
1. No Illegal, Infringing or Abusive Message Content. You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Music Mogul.
2. No Violations of Third Party Rights. You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Music Mogul. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
3. No Commercial Use. You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
4. No Viruses, Corrupting Files or Interference. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Music Mogul or as embedded in the Submitted Content unless expressly authorized in writing by Music Mogul.
5. Use of Account Information. You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
6. Responsibility of Postings. You understand and acknowledge that Submitted Content is solely your responsibility, and that Music Mogul is not responsible for the information, data, text or other materials that may appear in Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Music Mogul, and Music Mogul does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by Music Mogul prior to posting and Music Mogul makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
7. No Monitoring/Violation Notices. Music Mogul does not necessarily monitor any materials posted, transmitted, or communicated to or within Music Mogul. If you believe that something on the Site violates these Terms, please email support@musicmogul.com.
8. User Termination/No Ownership. You understand and agree that you have no ownership rights in your account or other access to the Site or features therein. Music Mogul may cancel your Account and delete all Submitted Content associated with your Account at any time, and without notice, if Music Mogul deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. Music Mogul assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
9. No Confidentiality. Music Mogul is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Music Mogul may be used by Music Mogul anywhere, anytime, and for any reason whatsoever subject to the terms of the Submitted Content License described in Ownership of Posted Content and License thereto, below.
YouTube
Certain areas of this Website may permit you to upload videos or submit other content to YouTube. YouTube, LLC is a separate entity from Music Mogul, Inc., with separate Terms which may change and/or significantly differ from those of this Site. Your use and transactions with YouTube will be governed by the policies described in YouTube’s Terms of Use at http://www.youtube.com/t/terms, YouTube’s Privacy Policy at http://www.youtube.com/t/privacy, and YouTube’s Community Guidelines at http://www.youtube.com/t/community_guidelines. YouTube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
Submitted Content License
After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). In addition, Music Mogul may remove any Submitted Content that in the sole judgment of Music Mogul violates these Terms or the Submission Rules.
1. Scope of License. By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to Music Mogul a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
2. (For Contests and Promotions Only) Right of Last Refusal. By submitting any original audio, visual, or audiovisual work to MusicMogul.com for entry into any Music Mogul contest or promotion, you hereby agree to grant Music Mogul, Inc. and/or Darkchild Productions an exclusive right of last refusal for a period of six (6) months following your entry in the event that you are offered a recording contract by a third party.
3. Representations. You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the Submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.
4. Copyright Infringement. Music Mogul will remove all Submitted Content that contains infringing material. Repeat infringers will be banned.
Indemnification
You agree to indemnify and hold Music Mogul, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.
Representations and Limitations on Liability
Music Mogul makes no representations about the reliability of the features of this Site, the Music Mogul Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Music Mogul makes no representations regarding the amount of time that any Music Mogul Content or Submitted Content will be preserved. Music Mogul does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Music Mogul without the prior review and written approval of Music Mogul. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MUSIC MOGUL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL MUSIC MOGUL BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MUSIC MOGUL'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL MUSIC MOGUL'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH MUSIC MOGUL.COM MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY MUSIC MOGUL.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Music Mogul without restriction.
Miscellaneous
Both you and Music Mogul acknowledge and agree that no partnership is formed and neither of you nor Music Mogul has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Los Angeles, California. You also agree that the Music Mogul Website shall be deemed solely based in California and that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Music Mogul, either specific or general, in jurisdictions other than California.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Music Mogul shall have the right at any time to (a) change the terms of these Terms, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. 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 the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.
The failure of Music Mogul to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Music Mogul, shall not be deemed a breach of these Terms. If Music Mogul fails to act with respect to your breach or anyone else's breach on any occasion, Music Mogul is not waiving its right to act with respect to future or similar breaches.
If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.
Music Mogul, Inc. takes a strong stance toward copyright infringement and does not tolerate infringing works. As a Music Mogul account holder, you shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Music Mogul, Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Music Mogul Terms of Service on www.musicmogul.com on the Terms of Service page. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful
owner to post the material and to grant Music Mogul and/or its affiliates all of the license rights granted herein.
Music Mogul adheres to the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
To File a Notification
A written notification must be made. This can be done either by fax or written letter (regular mail or courier). E-mails will not be accepted unless a prior arrangement has been made.
The notification must:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world.
3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
4. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)
5. Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.
Send the written document to the designated Copyright Agent at Music Mogul:
Music Mogul
Attn: Joshua R. Kagan
8787 Shoreham Dr., Suite 209
Los Angeles, CA 90069
To file a counter-notification:
1. List the in-world items that were removed by the Music Mogul administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail.
2. Provide your name, address, telephone number, email address (if available).
3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Los Angeles, California if your address is outside of the United States).
4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
5. State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
6. Sign the paper.
Send the written document to the designated Copyright Agent at Music Mogul:
Music Mogul
Attn: Joshua R. Kagan
8787 Shoreham Drive, Suite 209
Los Angeles, CA 90069
Music Mogul’s Policy Concerning False Claims
Under the DMCA, a party who knowingly materially misrepresents that particular material is infringing, or an accused party who knowingly materially misrepresents that particular material does not infringe, may be liable for damages, including costs and attorney’s fees incurred by Music Mogul and the accused merchant or aggrieved copyright holder, as the case may be. If you think but are not sure that certain intellectual property rights are or not being infringed, please consult with your attorney. In addition, repeated copyright notification claims submitted by the same member which are properly refuted by the merchant of the challenged product may form the basis for TOS violation warning and/or disabling of the member’s account.
There are many available resources on the Internet. Music Mogul is not responsible for the content provided by these other resources, but we have found the following to be informative:
A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code is here:
http://www.copyright.gov/title17/92chap5.html
More government-provided information on copyrights can be found here:
http://www.copyright.gov
Many universities maintain useful public information regarding copyrights, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/
Music Mogul's Policy Concerning Trademark Claims of Infringement
1. Please send a Notification as requires above to officially communicate a potential trademark infringement claim. Proof of Trademark has to be added to the official notice.
2. Upon receiving an official Notification communication via mail or fax, Music Mogul will remove the product in question within 1 business day. Music Mogul's business hours are Mon - Fri 9am to 5pm.
3. Emails will be sent to both parties confirming the product's removal.
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Proof of Trademark
Proof of Trademark or Patent is any one of the following:
1. Receipt for payment of application: Online application payment receipt, credit card receipt, or cancelled check
2. Letter from attorney with copy of application
3. Searchable serial number
4. Searchable word mark.
All documentation must be printable to place in the Contributor’s file.
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