- Your Acceptance of Terms of Use.
Welcome to MusicProsHollywood.com.
MusicProsHollywood.com is owned and operated by Music Pro's Hollywood(sometimes referred to herein as "us"
or "we"), and located at www.MusicProsHollywood.com (sometimes referred to herein as the "Website"). By using and/or
visiting this Website you hereby assent to both the terms and conditions set
forth herein (the "Terms of Use") and the terms and conditions of our Privacy Policy and which are incorporated herein by reference. These Terms of Use apply to
all users of the Website. We reserve the right to amend these Terms of Use
at any time and without notice, and it is your responsibility to review these Terms
of Use for any changes. Your use of the Website following any amendment of
these Terms of Use will signify your assent to and acceptance of its revised
terms. If you do not agree to any of the terms and conditions of this Terms of
Use, then please do not use the Website.
- Additional Terms.
Certain products or services
offered by or within this Website, including without limitation, video lessons
and music evaluation services, may be governed by additional terms and conditions.
For example our music evaluation services are governed by the Music Submission
and Evaluation Agreement. All such terms shall be referred to as "Additional Terms" and shall
supplement these Terms of Use. In such event you must agree to such Additional
Terms prior to using those products or services to which the Additional Terms
apply. Unless specifically stated otherwise, in the event that any provisions
of the Additional Terms conflict with these Terms of Use, then the Additional
Terms shall govern with respect to solely those conflicting provisions.
- Your Ability to Accept Terms of Use.
You affirm that you are either
more than 18 years of age 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 of Use,
and to abide by and comply with these Terms of Use. 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 please do not use the Website.
- Fees and Payments.
As a condition to the provision of
products and services offered by or through the Website, you shall pay all fees
and charges incurred through your account at the rates in effect for the
billing period in which such fees and charges are incurred. All fees and
charges shall be billed to and paid for by you in accordance with any
then-current payment policies. You shall pay all applicable taxes relating to
the provision of products and/or services through your account. A schedule of
all such current fees, charges, and/or payment policies is available by
clicking here. We reserve the right at any time to modify or
change such fees or to charge additional fees for our services, provided that
we agree to obtain your prior agreement to pay such charges in the event that
any such changes occur after you have placed an order but prior to the
provision of product and/or services. Thus, in such event, we will give you
advance notice of such change of fees and the opportunity to cancel your
account pursuant to applicable policies, if any, before such charges are
imposed. All new fees, if any, will be posted here and in
other appropriate locations on the Site.
- Links to Third Party Websites.
The Website may contain links to
third party websites that are not owned or controlled by us. We have no control
over, and assume no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, we will not and cannot
censor or edit the content of any third-party site. By using the Website, you
expressly release us from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave
our Website and to read the terms and conditions and privacy policy of any
other website that you visit.
- Website Access.
(a) We hereby grant
you permission to use the Website as set forth in this Terms of Use, provided
that: (i) your use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of the Website
in any medium without our prior written authorization; (iii) you will not alter
or modify any part of the Website other than as may be reasonably necessary to
use the Website for its intended purpose; and (iv) you will otherwise comply
with the terms and conditions of these Terms of Use.
(b) In order to access
some features of the Website, you will have to create an account by choosing a
username and password. You shall not use another's account, username or
password at any time 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 us immediately of any breach of security or unauthorized use of
your account.
- Website Maintenance and
Support.
(a) In the event you have any technical or general questions,
please visit the Contact Us page.
(b) Technology may break down from time to time. Much of this
is beyond our control, thus we cannot guarantee 100% uptime and access to the Website.
Occasionally, server maintenance is scheduled to allow for servicing and
upgrades. Whenever possible, we will announce the scheduled downtimes assuming
we are notified. Internet failure is also beyond our control and we cannot
take responsibility for any short term or long term problems.
(c) We do not supply computer support. If you have issues with
your PC or Mac in terms of connection to the Internet; hardware or software
problems including browser, operating system, download, or sound file problems,
we cannot supply support. You would need to contact a qualified specialist for
assistance.
(d) We may make improvements or changes in the information,
services, products, and other materials on this Website, or terminate this Website,
at any time without notice.
- User Conduct.
(a) You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials that you upload,
post, email, transmit or otherwise make available via the Website ("User
Content"), whether publicly posted or privately transmitted, is your sole
responsibility. We do not control the User Content posted via the Website and,
as such, do not guarantee the accuracy, integrity or quality of such User Content.
You understand that by using the Website, you may be exposed to User Content
that is offensive, indecent or objectionable. Under no circumstances will we be
liable in any way for any User Content, including, but not limited to, for any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred as a result of the use of any User Content posted, emailed,
transmitted or otherwise made available via the Website.
(b) You
understand that any communication or User Content you do transmit to or through
the Website by electronic mail or otherwise will be treated as non-confidential
and non proprietary and may be used by us, other users, or our affiliates for
any purpose without payment of any kind, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, we are free to use any ideas, concepts, know how or techniques
contained in any communication or User Content you transmit to and/or through
the Website for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing any and all products incorporating any
such information.
(c) You
agree to not use the Website to:
i. Upload, post, email, transmit or otherwise make available
any User Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; harm minors in any
way; impersonate any person or entity, including, but not limited to, any one
from our company, moderator, personality or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
ii. Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any User Content transmitted through the Website;
iii. Upload, post, email, transmit or otherwise make available
any User Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
iv. Upload, post, email, transmit or otherwise make available
any User Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
v. Upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
vi. Upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
vii. Interfere with or disrupt the Website or servers or
networks connected to the Website, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website;
viii. Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law; "stalk" or
otherwise harass another; or
ix. Collect or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication systems provided
by the Website for any commercial solicitation purposes.
(d) You
acknowledge that we may not pre-screen User Content, but that we and our designees
shall have the right (but not the obligation) in our sole discretion to refuse
or move any User Content that is available via the Website. Without limiting
the foregoing, we and our designees shall have the right to remove any User
Content that violates these Terms of Use or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any User Content, including any reliance on the accuracy, completeness, or
usefulness of such User Content. In this regard, you acknowledge that you may
not rely on any User Content, including without limitation information in any
of our public forums, and in all other parts of the Website.
(e) You
acknowledge, consent and agree that we may access, preserve, and disclose your
account information and User Content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: (i) comply with legal process; (ii) enforce these Terms of Use;
(iii) respond to claims that any User Content violates the rights of
third-parties; (iv) respond to your requests for customer service; or (v)
protect the rights, property, or personal safety of our users and the public as
well as our employees.
(f) You understand that the technical processing and transmission of the Website,
including any User Content, may involve (i) transmissions over various
networks; and (ii) changes to conform and adapt to technical requirements of
connecting networks or devices.
(g) You
understand that the Website and software embodied within the Website may
include security components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by us and/or any content providers
who provide any materials utilized by the Website. You may not attempt to
override or circumvent any of the usage rules embedded into the Website. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Website, in whole or in part, is
strictly prohibited.
- Intellectual Property Rights.
The content on the Website, other
than User Content, including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like ("Website
Content") and the trademarks, service marks and logos contained therein,
are owned by or licensed to us, subject to copyright, trademark, patent, trade
secret and other laws and we reserve all rights in and to the Website Content
not expressly granted to you. The Website Content is provided to you AS IS for
your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of
the respective owners. You agree to not engage in the use, copying, or
distribution of any of the Website Content other than expressly permitted
herein for any commercial purposes. If you download or print a copy of the Website
Content for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Website or features that
prevent or restrict use or copying of any Website Content or enforce limitations
on use of the Website or the Website Content therein.
- Notice and Procedure For Making Claims of Copyright Infringement.
(a) If you are a
copyright owner or an agent thereof and believe that any item of Website
Content, User Content or other material on the Website infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
iii. 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 the service
provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail address;
v. A statement that you have 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; and
vi. A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
(b) Our designated
Copyright Agent to receive notifications of claimed infringement is: Milton E.
Olin, Jr., Esq., c/o Altschul & Olin, LLP, 16133 Ventura Blvd., Suite 1270,
Encino, CA 91436, telephone: 818-479-9787. For clarity, only DMCA notices
should go to the Copyright Agent. Other feedback, comments, requests for
technical support, and other communications should be directed to our Customer Service You acknowledge that if you fail to comply with all of the requirements of this
Section 10(b), your DMCA notice may not be valid.
- Warranty Disclaimer.
You agree that your use of the Website
shall be at your sole risk. To the fullest extent permitted by law, we, our
officers, directors, employees, and agents disclaim all warranties, express or
implied, in connection with the Website and your use thereof. We make no
warranties or representations about the accuracy or completeness of the
Website's content or the content of any sites linked to this Website and assume
no liability or responsibility for any (a) errors, mistakes, or inaccuracies of
content, (b) personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of our Website, (c) any unauthorized
access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein, (d) any interruption or cessation of
transmission to or from our Website, (e) any bugs, viruses, trojan horses, or
the like which may be transmitted to or through our Website by any third party,
and/or (f) any errors or omissions in any content or for any loss or damage of
any kind incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available via the Website. We do not warrant,
endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a third party through the Website or any hyperlinked
website or 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 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.
- Limitation of Liability.
In no event shall we, our
officers, directors, employees, or agents, be liable to you for any direct,
indirect, incidental, special, punitive, or consequential damages whatsoever
resulting from any (a) errors, mistakes, or inaccuracies of content, (b)
personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of our Website, (c) any unauthorized access to or use of
our secure servers and/or any and all personal information and/or financial
information stored therein, (d) any interruption or cessation of transmission
to or from our Website, (e) any bugs, viruses, trojan horses, or the like,
which may be transmitted to or through our Website by any third party, and/or
(f) any errors or omissions in any content or for any loss or damage of any
kind incurred as a result of your use of any content posted, emailed,
transmitted, or otherwise made available via the Website, whether based on
warranty, contract, tort, or any other legal theory, and whether or not the
company is advised of the possibility of such damages. The foregoing limitation
of liability shall apply to the fullest extent permitted by law in the
applicable jurisdiction. You specifically acknowledge that we shall not be
liable for user content or the defamatory, offensive, or illegal conduct of any
third party and that the risk of harm or damage from the foregoing rests
entirely with you. The Website is controlled and offered by us from our
facilities in the United States of America. We make no representations that the
Website is appropriate or available for use in other locations. Those who
access or use the Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
- Indemnity.
You agree to defend, indemnify and
hold harmless us, our successors, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorneys' fees) arising
from: (a) your use of and access to the Website; (b) your violation of any term
of these Terms of Use or if applicable, Additional Terms; (c) your violation of
any third party right, including without limitation any copyright, intellectual
property, or privacy right; or (d) any claim that any item of your User Content
caused damage to a third party. This defense and indemnification obligation
will survive these Terms of Use and your use of the Website.
- Assignment.
These Terms of Use, and any rights
and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by us without restriction.
- Termination.
You agree that under
certain circumstances and without prior notice we may immediately terminate
your account and access to the Website. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the Terms of Use, Additional Terms or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Website (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of
inactivity. Termination of your account includes (a) removal of access to all
offerings within the Website, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any
part thereof), and (c) barring further use of the Website. Further, you agree
that all terminations for cause shall be made in our sole discretion and that
we shall not be liable to you or any third-party for any termination of your
account, any associated email address, or access to the Website.
- General.
You agree that: (a) the Website
shall be deemed solely based in California; and (b) the Website shall be deemed
a passive website that does not give rise to personal jurisdiction over us,
either specific or general, in jurisdictions other than California. These Terms
of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute
between you and us that arises in whole or in part from the Website shall be
decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You and we agree that any cause of action arising out of or
related to the Website must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred. These Terms
of Use, together with the Privacy Policy Additional Terms, and any other legal
notices published by us on the Website, shall constitute the entire agreement
between you and us concerning the Website. If any provision of these Terms of
Use is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of
these Terms of Use, which shall remain in full force and effect. No waiver of
any term of this these Terms of Use shall be deemed a further or continuing
waiver of such term or any other term, and our failure to assert any right or
provision under these Terms of Use shall not constitute a waiver of such right
or provision.
