All music, downloaded or samples, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the website (collectively Content), including but not limited to the layout, election, organisation, and coordination of such Content on the website is the property or is licensed to us and is protected by trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of us, and except as provided in this Agreement, no Content may be transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitised, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.
You may not use the Service (or any part of it, including but not limited to Public Areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that we may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If our use of such content exploits any proprietary rights you may have in such material, you agree that we have an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify us, our partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.
All copyrights in and to the Service, including but not limited to all music (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by us and/or our licensors. The use of the software or any part of the service, except for use of the service as permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of the website and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Violation of Intellectual Property Rights
If we receive a notice alleging that you have engaged in behaviour that infringes other's intellectual property rights or reasonably suspects the same, we may suspend or terminate your account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
No Responsibility for Third-Party Materials or Web Sites
The service may include Products, Content, and Services from third parties. As well we may include links to third party websites, which are provided solely as a convenience to you. We assume no liability or responsibility for third-party materials or websites, and you acknowledge and agree that we are not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
The User understands that agreements and dealings with our advertisers are exclusively between the User and the advertiser. We are exempt from any arrangements and/or transactions that take place between a User and such advertiser including delivery of goods and services, payments and any terms and conditions.
Should any loss or damage occur from such an arrangement and/or transaction we will not be considered a party to any such arrangement and/or transaction or dispute and will not be held liable or responsible.
By using this Service you agree to indemnify and hold us and our agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries harmless from and against any and all claims, losses, demand, causes of action and judgments (including legal fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Tracks, the Materials, and Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
- We do not guarantee, represent, or warrant that your use of the website will be uninterrupted or error-free, and you agree that from time to time we may remove the Service for indefinite periods of time, or cancel the service at any time, with or without notice to you.
- Under no circumstances shall we be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Products, Service, or Content, even we have been advised of the possibility of such damages.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The website and all products and services delivered to you through the service are provided "as is" and "as available" for your use, and to the maximum extent allowed by applicable law disclaim all warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.