POPSONG 3.0 Terms &
Conditions of Use Agreement
July 1,
2009
Mind Engine Network, Inc.
(“Mind Engine Network” or "Popsong 3.0" or “we”) operates
Popsong3-0.com, which is a social networking platform that allows
Members to create music with other musicians, fans and celebrities
working with the website. Popsong 3.0 and Mind Engine Network, Inc. ar located and
hosted in the United States.
This Terms of Use Agreement, as may be modified from time to time,
("Agreement") constitutes legally binding terms and applies to your
use of the Popsong 3.0Services. By accessing and/or using the
Popsong 3.0 Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply browse the
Popsong 3.0 Services, including, without limitation, through a
mobile or other wireless device, or otherwise use the Popsong 3.0
Services without being registered) or you are a "Member" (which
means that you have registered with Popsong 3.0). The term "User"
refers to a Visitor or a Member. You are authorized to use the
Popsong 3.0 Services (regardless of whether your access or use is
intended) only if you agree to abide by all applicable laws, rules
and regulations (“Applicable Law”) and the terms of this Agreement.
In addition, in consideration for becoming a Member and/or making
use of the Popsong 3.0 Services, you must indicate your acceptance
of this Agreement during the registration process.
Popsong 3.0 reserves the
right to modify this Agreement at any time and from time to time,
and each such modification shall be effective upon posting on the
Popsong 3.0 Services. All material modifications will apply
prospectively only. Your continued use of the Popsong 3.0 Services
following any such modification constitutes your agreement to be
bound by and your acceptance of the Agreement as so modified. It is
therefore important that you review this Agreement regularly. If
you do not agree to be bound by this Agreement and to abide by all
Applicable Law, you must discontinue use of the Popsong 3.0
Services immediately. You may receive a copy of this Agreement by
emailing us at: admin@popsong3-0.com, Subject: Terms of Use Agreement.
1. Eligibility. Use of the Popsong 3.0 Services and registration to be a
Member for the Popsong 3.0 Services (“Membership”) is void where
prohibited. By using the Popsong 3.0 Services, you represent and
warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 13 years of age or older; and (d) your use
of the Popsong 3.0 Services does not violate any Applicable Law.
Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 13 years of age,
if we believe that you are under 18 years of age and you represent
yourself as 18 or older, or if we believe you are over 18 and
represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement,
shall remain in full force and effect while you use the Popsong 3.0
Services or are a Member. You may terminate your Membership at any
time, for any reason, by following the instructions on the Member's
Account Settings page. Popsong 3.0 may terminate your Membership at
any time, for any or no reason, with or without prior notice or
explanation, and without liability. Furthermore, Popsong 3.0
reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including, without limitation, private
messages,
emails and instant messages
(collectively, “messages”)) by you, or to deny, restrict, suspend,
or terminate your access to all or any part of the Popsong 3.0
Services at any time, for any or no reason, with or without prior
notice or explanation, and without liability. In addition, Popsong
3.0 reserves the right, in its sole discretion, to reassign or
rename your profile URL. Popsong 3.0 expressly reserves the right
to remove your profile and/or deny, restrict, suspend, or terminate
your access to all or any part of the Popsong 3.0 Services if
Popsong 3.0 determines, in its sole discretion, that you have
violated this Agreement or pose a threat to Popsong 3.0, its
employees, business partners, Users and/or the public. Even after
Membership is terminated, this Agreement will remain in effect,
including, without limitation, Sections 5-18.
3. Fees. You acknowledge that Popsong 3.0 reserves the right to
charge for any portion of the Popsong 3.0 Services and to change
its fees (if any) from time to time in its discretion. If Popsong
3.0 terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused
portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked
to choose a password. You are entirely responsible for maintaining
the confidentiality of your password. You agree not to use the
account, username, email address or password of another Member at
any time or to disclose your password to any third party. You agree
to notify Popsong 3.0 immediately if you suspect any unauthorized
use of your account or access to your password. You are solely
responsible for any and all use of your account.
5. Use by Members. The Popsong 3.0 Services are for the personal use
of Members and may only be used for direct commercial purposes if
they are specifically endorsed or authorized by Popsong 3.0.
Popsong 3.0 reserves the right to remove commercial content in its
sole discretion. Illegal and/or unauthorized use of the Popsong 3.0
Services, including, without limitation, collecting usernames, user
id numbers, and/or email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Popsong 3.0 Services, or
employing third party promotional sites or software to promote
profiles for money, is prohibited. Commercial advertisements,
affiliate links, and other forms of unauthorized data collection or
solicitation may be removed from Member profiles without notice or
explanation and may result in termination of Membership privileges.
Popsong 3.0 reserves the right to take appropriate legal action,
including, without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Popsong 3.0 Services.
6. Proprietary Rights in Content on Popsong
3.0.
6.1 Popsong 3.0 does not claim any ownership
rights in the text, files, images, photos, video, sounds, musical
works, works of authorship, applications, or any other materials
(collectively, "Content") that you transmit, submit, display or
publish (“post”) on, through or in
connection with the Popsong 3.0 Services. After posting your
Content on, through or in connection with the PoPsong 3.0 Services,
you continue to retain any such rights that you may have in your
Content, subject to the limited license herein. By posting any
Content on, through or in connection with the PoPsong 3.0 Services,
you hereby grant to PoPsong 3.0 a limited license to use, modify,
delete from, add to, publicly perform, publicly display, reproduce,
and distribute such Content solely on, through or in connection with the PoPsong 3.0 Services,
including, without limitation, through the PoPsong 3.0 Services to
applications, widgets, websites or mobile, desktop or other
services which are linked with your PoPsong 3.0 account
(collectively, “Linked Services”), including, without limitation, distributing
part or all of the PoPsong 3.0 Services and any Content included
therein, in any media formats and through any media channels,
except that Content marked “private” will not be distributed by
PoPsong 3.0 outside the PoPsong 3.0 Services and Linked Services.
This limited license does not grant PoPsong 3.0 the right to sell
or otherwise distribute your Content outside of the PoPsong 3.0
Services or Linked Services. After you remove your Content from the
PoPsong 3.0 Services we will cease distribution as soon as
practicable, and at such time when distribution ceases, the license
will terminate. If after we have distributed your Content outside
of the PoPsong 3.0 Services, you change the
Content’s privacy setting to “private,” we will cease distribution
of such “private” Content outside of the PoPsong 3.0 Services as
soon as practicable after you make the change. Notwithstanding the foregoing, you
understand and agree that once Content is distributed to a Linked
Service or incorporated into other aspects of the PoPsong 3.0
Services, PoPsong 3.0 is under no obligation to delete or ask other
Users or a Linked Service to delete that Content, and therefore it
may continue to appear and be used indefinitely.
6.2 The license you grant to PoPsong 3.0 is
non-exclusive (meaning you are free to license your Content to
anyone else in addition to PoPsong 3.0), fully-paid and
royalty-free (meaning that PoPsong 3.0 is not required to pay you
or anyone else deriving rights from you for the use on the PoPsong
3.0 Services of the Content that you post), sublicensable (so that
PoPsong 3.0 is able to use its affiliates, subcontractors and other
partners such as Internet content delivery networks and wireless
carriers to provide the PoPsong 3.0 Services), and worldwide
(because the Internet and the PoPsong 3.0 Services are global in
reach).
6.3 You represent and warrant that: (i) you
own the Content posted by you on, through or in
connection with the PoPsong 3.0 Services, or
otherwise have the right to grant the license set forth in this
Section 6, and (ii) the posting of your Content
on, through or in connection with the PoPsong
3.0 Services and/or Linked Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. You agree to pay for all royalties,
fees, and any other monies owing any person or entity by reason of
the use of any Content posted by you on or through the PoPsong 3.0
Services and/or Linked Services.
6.4 The PoPsong 3.0 Services contain Content
of PoPsong 3.0 ("PoPsong 3.0 Content"). PoPsong 3.0 Content is
protected by copyright, trademark, patent, trade secret and other
laws, and PoPsong 3.0 owns and retains all rights in the PoPsong
3.0 Content and the PoPsong 3.0 Services. PoPsong 3.0 hereby grants
you a limited, revocable, nonsublicensable license to reproduce and
display the PoPsong 3.0 Content (excluding any software code)
solely for your personal use in connection with viewing the PoPsong
3.0 Website and using the PoPsong 3.0 Services.
6.5 The PoPsong 3.0 Services contain Content
of Users and other PoPsong 3.0 licensors. Except as provided within
this Agreement, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, sell or
otherwise use any Content appearing on or through the PoPsong 3.0
Services.
6.6 PoPsong 3.0 performs technical functions
necessary to offer the PoPsong 3.0 Services,
including,
but not limited
to, the technical processing and transmission
of email communications to perform the email service, and
transcoding and/or reformatting Content to allow its use throughout
the PoPsong 3.0 Services. In addition, you agree and acknowledge
that PoPsong 3.0 may send messages including, but not limited to,
notifications, special offers, promotions, commercial
advertisements, and marketing materials, in connection with the
PoPsong 3.0 Services. You can control what type of communications
you receive from the PoPsong 3.0 Services by logging into your
account and choosing the appropriate notifications settings or by
following the unsubscribe instructions contained at the bottom of
commercial emails.
6.7 PoPsong 3.0 reserves the
right to limit the storage capacity of Content that you post on,
through or in connection with the PoPsong 3.0
Services.
7. Content Posted.
Please choose carefully the information that you post
on, through or in connection with the PoPsong
3.0 Services and that you provide to other Users. Your PoPsong 3.0
profile may not include any form of Prohibited Content, as outlined
in Section 8 below. Despite this prohibition, information,
materials, products or services provided by other PoPsong 3.0
Members (for instance, in their profiles) or Linked Services may,
in whole or in part, be unauthorized, impermissible or otherwise
violate this Agreement, and PoPsong 3.0 assumes no responsibility
or liability for this material. If you become aware of misuse of
the PoPsong 3.0 Services by any person or Linked Service, please
click on the "Contact PoPsong 3.0” or the “Report Abuse” link at
the bottom of the PoPsong 3.0 Website pages.
7.1 PoPsong 3.0 may reject, refuse to post or
delete any Content for any or no reason, including, but not limited
to, Content that in the sole judgment of PoPsong 3.0 violates this
Agreement or which may be offensive, illegal or violate the rights
of any person or entity, or harm or threaten the safety of any
person or entity. PoPsong 3.0 assumes no responsibility for
monitoring the PoPsong 3.0 Services for inappropriate Content or
conduct. If at any time PoPsong 3.0 chooses, in its sole
discretion, to monitor the PoPsong 3.0 Services, PoPsong 3.0
nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such
Content.
7.2 You are solely responsible for the Content
that you post on,
through or in connection with
any of the PoPsong 3.0 Services, and any material or information
that you transmit to other Members and for your interactions with
other Users.
8. Content/Activity Prohibited. The following are examples of the kind of
Content that is illegal or prohibited to post on, through or in
connection with the PoPsong 3.0 Services. PoPsong 3.0 reserves the
right to investigate and take appropriate legal action against
anyone who, in PoPsong 3.0's sole discretion, violates this
provision, including, without
limitation, removing the offending Content from the PoPsong 3.0
Services, terminating the Membership of such violators and/or
reporting such Content or activities to law enforcement
authorities. Prohibited Content includes, but is not limited to,
Content that, in the sole discretion of PoPsong 3.0:
8.1 is patently offensive or promotes or
otherwise incites racism, bigotry, hatred or physical harm of any
kind against any group or individual;
8.2 harasses or advocates harassment of
another person;
8.3 exploits people in a sexual or violent
manner;
8.4 contains nudity, excessive violence, or
offensive subject matter or contains a link to an adult
website;
8.5 solicits or is designed to solicit
personal information from anyone under 18;
8.6 publicly posts information that poses or
creates a privacy or security risk to any person;
8.7 constitutes or promotes information that
you know is false or misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or
libelous;
8.8 constitutes or promotes an illegal or
unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacturer-installed copy-protect
devices, or providing pirated music or links to pirated music
files;
8.9 involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
8.10 contains restricted or password only
access pages or hidden pages or images (those not linked to or from
another accessible page);
8.11 furthers or promotes any criminal activity
or enterprise or provides instructional information about illegal
activities including, but not limited to, making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
8.12 solicits or is designed to solicit
passwords or personal identifying information for commercial or
unlawful purposes from other Users;
8.13 involves commercial activities and/or
sales without prior written consent from PoPsong 3.0 such as
contests, sweepstakes, barter, advertising, or pyramid
schemes;
8.14 includes a photograph or video of another
person that you have posted without that person's
consent;
8.15 for band, comedy, filmmaker and other
profiles, uses sexually suggestive imagery or any unfair,
misleading or deceptive Content intended to draw traffic to the
profile; or
8.16 violates or attempts to violate the
privacy rights, publicity rights, copyrights, trademark rights,
contract rights or any other rights of any person.
The following are examples
of the kind of activity that is illegal or prohibited on the
PoPsong 3.0 Website and through your use of the PoPsong 3.0
Services. PoPsong 3.0 reserves the right to investigate and take
appropriate legal action against anyone who, in PoPsong 3.0's sole
discretion, violates this provision, including, without limitation, terminating your Membership and/or
reporting such activity or Content to law enforcement authorities.
Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity,
including,
but not limited
to, child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, defamation, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade
secrets;
8.18 advertising to, or solicitation of, any
Member to buy or sell any products or services through the
unauthorized or impermissible use of the PoPsong 3.0 Services. You
may not transmit any chain letters or junk email to other Members.
In order to protect our Members from such advertising or
solicitation, PoPsong 3.0 reserves the right to restrict the number
of emails which a Member may send to other Members in any 24-hour
period to a number which PoPsong 3.0 deems appropriate in its sole
discretion. If you breach this Agreement and send or cause to send
(directly or indirectly) unsolicited bulk
messages,
status or mood updates,
bulletins or other unauthorized commercial communications of any
kind through the PoPsong 3.0 Services, you acknowledge that you
will have caused substantial harm to PoPsong 3.0, but that the
amount of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay PoPsong 3.0
$50 for each actual or intended recipient of such unsolicited
message, status or mood update, bulletin or other unauthorized
commercial communication you send through the PoPsong 3.0
Services;
8.19 circumventing or modifying, attempting to
circumvent or modify, or encouraging or assisting any other person
in circumventing or modifying any security technology or software
that is part of the PoPsong 3.0 Services;
8.20 activity that involves the use of viruses,
bots, worms, or any other computer code, files or programs that
interrupt, destroy or limit the functionality of any computer
software or hardware, or otherwise permit the unauthorized use of
or access to a computer or a computer network;
8.21 modifying, copying, distributing,
downloading, scraping or transmitting in any form or by any means,
in whole or in part, any Content from the PoPsong 3.0 Services
other than your Content which you legally post on, through or in
connection with the PoPsong 3.0 Services;
8.22 providing or using
“tracking” or monitoring functionality in connection with the
PoPsong 3.0 Services, including, without limitation, to identify
other Users’ views, actions or other activities on the PoPsong 3.0
Services;
8.23 covering or obscuring the banner
advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any
PoPsong 3.0 page via HTML/CSS or any other means;
8.24 any automated use of the system, such as,
but not limited to, using scripts to add friends or send
comments,
messages, status or mood
updates, blogs or bulletins;
8.25 interfering with, disrupting, or creating
an undue burden on the PoPsong 3.0 Services or the networks or
services connected to the PoPsong 3.0 Services;
8.26 impersonating or attempting to impersonate
PoPsong 3.0 or a PoPsong 3.0 employee, administrator or moderator,
another Member, or person or entity (including, without limitation,
the use of email addresses associated with or of any of the
foregoing);
8.27 for band, comedy, filmmaker and other
profiles containing a PoPsong 3.0 player, copying the code for your
PoPsong 3.0 Player and embedding it (or directing others to embed it) anywhere other
than in your band profile on PoPsong 3.0;
8.28 using the account, username, or password
of another Member at any time or disclosing your password to any
third party or permitting any third party to access your
account;
8.29 selling or otherwise transferring your
profile,
your email address or
URL;
8.30 using or distributing any information
obtained from the PoPsong 3.0 Services in order to harass, abuse,
or harm another person or entity, or attempting to do the same;
8.31 displaying an unauthorized commercial
advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any
commercial activity through the unauthorized or impermissible use
of the PoPsong 3.0 Services on behalf of that person, such as
placing commercial content on your profile, links to e-commerce
sites not authorized by PoPsong 3.0, posting status or mood updates, blogs or bulletins with a
commercial purpose, selecting a profile with a commercial purpose
as one of your top friends, or sending messages with a commercial
purpose;
8.32 relaying email from a third party's mail
servers without the permission of that third party;
8.33 using invalid or forged headers to
disguise the origin of any Content transmitted to or through
PoPsong 3.0’s computer systems, or otherwise misrepresenting
yourself or the source of any message or Content;
8.34 using any automated system, including, but
not limited to, scripts or bots in order to harvest email addresses
or other data from the PoPsong 3.0 Website for the purposes of
sending unsolicited or unauthorized material;
8.35 engaging in, either directly or
indirectly, or encouraging others to engage in, click-throughs
generated through any manner that could be reasonably interpreted
as coercive, incentivized, misleading, malicious, or otherwise
fraudulent; or
8.36 using the PoPsong 3.0 Services in a manner
inconsistent with any and all Applicable Law.
9. Protecting Copyrights and Other Intellectual
Property. PoPsong 3.0
respects the intellectual property of others, and requires that our
users do the same. You may not upload, embed, post, email, transmit
or otherwise make available any material that infringes any
copyright, patent, trademark, trade secret or other proprietary
rights of any person or entity. It is PoPsong
3.0’s policy to terminate, in appropriate circumstances, the
membership of repeat infringers.
If you believe your work has
been copied and posted on or through the PoPsong 3.0 Services in a
way that constitutes copyright infringement, please send PoPsong
3.0's Copyright Agent a notification of claimed infringement with
all of the following information: (a) identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a
representative list of such works; (b) identification of the
claimed infringing material and information reasonably sufficient
to permit us to locate the material on the PoPsong 3.0 Services
(providing the URL(s) of the claimed infringing material satisfies
this requirement); (c) information reasonably sufficient to permit
us to contact you, such as an address, telephone number, and, if
available, an email address; (d) a statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; (e) a statement by you,
made under penalty of perjury, that the above information in your
notification is accurate and that you are the copyright owner or
are authorized to act on the copyright owner's behalf; and (f) your
physical or electronic signature. PoPsong 3.0's Copyright Agent for
notification of claimed infringement can be reached as follows:
Copyright Agent, PoPsong 3.0, Inc., 8391 Beverly Blvd., #349, Los
Angeles, CA 90048; Facsimile: (310) 388-0892; Phone: (310)
969-2887; Attn: Copyright Agent. PoPsong 3.0's Copyright Agent for
notification of claimed infringement can also be reached
electronically at copyrightagent@admin@popsong3-0.com PoPsong 3.0
provides certain tools and technologies to help facilitate
copyright owners’ control over their copyrighted works. In order to
inquire about the availability of these tools and technologies,
please contact PoPsong 3.0’s Copyright Agent at the email address
listed.
10. Third Party Linked Services.
Linked Services created by
third party developers may be available on, through or in
connection with the PoPsong 3.0 Services. Linked Services include
applications, websites, desktop, wireless, mobile and other
services available from third parties which can be installed onto
your PoPsong 3.0 profile or shared with other Users on the PoPsong
3.0 Services or which may link to your PoPsong 3.0 account from
outside of the PoPsong 3.0 Services. Linked Services may use your
PoPsong 3.0 profile information, friends and/or other profile
content on the Linked Service and share activity events between
PoPsong 3.0 and the Linked Service (depending on the features the
Linked Service chooses to make available).
When you engage with a third
party Linked Service, you are interacting with the third party, not
with PoPsong 3.0 PoPsong 3.0 does not control the third party, and
cannot dictate their actions. If you choose to use a third party
Linked Service, the Linked Service may use and share your data in
accordance with the privacy policy of and your privacy settings on
such service. In addition, the third party providing the Linked
Service may use other parties to provide portions of the
application or service to you, such as technology, development or
payment services. PoPsong 3.0 is not responsible for and makes no
warranties, express or implied, as to the third party Linked
Services or the providers of such Linked Services (including, but
not limited to, the privacy practices thereof). PoPsong 3.0
encourages you not to provide any personally identifiable
information to any third party Linked Service unless you know and
are comfortable with the party with whom you are
interacting.
11. Member Disputes. You are solely responsible for your interactions
with other PoPsong 3.0 Users, third party developers or any other
parties with whom you interact through the PoPsong 3.0 Services
and/or Linked Services. PoPsong 3.0 reserves the right, but has no
obligation, to become involved in any way with these
disputes.
12. Privacy. Use of
the PoPsong 3.0 Services is also governed by our privacy
policy, which is
incorporated into this Agreement by this reference.
13. Disclaimers. PoPsong 3.0 is not responsible for and makes no warranties,
express or implied, as to the User Content or the accuracy and
reliability of the User Content posted through or in connection
with the PoPsong 3.0 Services or Linked Services, by Users of the
PoPsong 3.0 Services or Linked Services, and such User Content does
not necessarily reflect the opinions or policies of PoPsong 3.0 In
addition, PoPsong 3.0 is not responsible for any damage, injury or
loss caused by Users of the PoPsong 3.0 Services or by any of the
equipment or programming associated with or utilized in the PoPsong
3.0 Services or Linked Services. Profiles and Linked Services
created and posted by Members on, though or in connection with the
PoPsong 3.0 Services may contain links to other websites or
services. PoPsong 3.0 is not responsible for the Content, accuracy
or opinions expressed on such websites and services, and such
websites and services are not necessarily investigated, monitored
or checked for accuracy or completeness by PoPsong 3.0 Inclusion of
any linked website or service on the PoPsong 3.0 Services does not
imply approval or endorsement of the linked website or service by
PoPsong 3.0 When you access these third party sites and services,
you do so at your own risk. PoPsong 3.0 takes no responsibility for
third party advertisements or Linked Services that are posted
on, through or in connection with the PoPsong
3.0 Services or Linked Services, nor does it take any
responsibility for the goods or services provided by these third
parties. PoPsong 3.0 is not responsible for the conduct, whether
online or offline, of any User of the PoPsong 3.0 Services or
Linked Services. PoPsong 3.0 assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any User or Member
communication. PoPsong 3.0 is not responsible for any problems or
technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the PoPsong 3.0
Services or Linked Services or combination thereof, including,
without limitation, any injury or damage to Users or to any
person's computer related to or resulting from participation or
downloading materials in connection with the PoPsong 3.0 Services
or Linked Services. Under no circumstances shall PoPsong 3.0 be
responsible for any loss or damage, including, without limitation,
personal injury or death, resulting from use of the PoPsong 3.0
Services or Linked Services, attendance at a PoPsong 3.0 event,
from any User Content posted on or through the PoPsong 3.0 Services
or Linked Services, or from the conduct of any Users of the PoPsong
3.0 Services, whether online or offline. The PoPsong 3.0 Services
and Linked Services are provided "AS-IS" and as available and
PoPsong 3.0 expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. PoPsong 3.0 cannot
guarantee and does not promise any specific results from use of the
PoPsong 3.0 Services or Linked Services.
14. Limitation on Liability. IN NO EVENT SHALL MYSPACE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF THE MYSPACE SERVICES OR
LINKED SERVICES, EVEN IF MYSPACE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, MYSPACE'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYSPACE FOR
THE MYSPACE SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S.
Export Controls. Software available in connection with the PoPsong 3.0
Services (the "Software") is further subject to United States
export controls. No Software may be downloaded from the PoPsong 3.0
Services or otherwise exported or re-exported in violation of U.S.
export laws. Downloading or using the Software is at your sole
risk.
16. Disputes. The Agreement shall be governed by, and construed
in accordance with, the laws of the State of New York, without
regard to its conflict of law provisions. You and PoPsong 3.0 agree
to submit to the exclusive jurisdiction of the courts located
within the State of New York to resolve any dispute arising out of
the Agreement or the PoPsong 3.0 Services. EACH OF THE PARTIES
HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
(INCLUDING,
BUT NOT LIMITED
TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS,
OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH
THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO
REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY
OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH
LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL
PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A
MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS
AGREEMENT.
17. Indemnity. You
agree to indemnify and hold PoPsong 3.0, its subsidiaries, and
affiliates, subcontractors and other partners, and their respective
officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including, but
not limited to, reasonable attorneys' fees, made by any third party
due to or arising out of your use of the PoPsong 3.0 Services in
violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties
set forth in this Agreement and/or any Content that you post on,
through or in connection with the PoPsong 3.0 Services.
18. Other. This
Agreement is accepted upon your use of the PoPsong 3.0 Website or
any of the PoPsong 3.0 Services and is further affirmed by you
becoming a Member. Your agreement with PoPsong 3.0 will always
include this Agreement at a minimum. Your access and use of certain
PoPsong 3.0 Services will require you to accept additional terms
and conditions applicable to such certain PoPsong 3.0 Services, in
addition to this Agreement, and may require you to download
Software or Content. The failure of PoPsong 3.0 to exercise or
enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual
effect. PoPsong 3.0 is a trademark of PoPsong 3.0, Inc. This
Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable,
that provision is deemed severable from this Agreement and does not
affect the validity and enforceability of any remaining
provisions.
ANY MATERIAL, WHETHER WORDS, MELODY, MUSIC, VIDEO, AUDIO,
IMAGES, OR MEDIA OF ANY KIND, MANNER, THAT IS SUBMITTED TO POPSONG
3.0 FOR ANY PURPOSE AND USED BY POPSONG 3.0 IN ANY MANNER IS
SUBJECT TO ANY AND ALL COPYRIGHT LAWS OF THE UNITED STATES OF
AMERICA. ALL SUBMITTED WORKS IN ANY FORM, USED OR NOT, ARE SUBJECT
TO ALTERATION AND CHANGES AS DETERMINED BY POPSONG 3.0 AND IT'S
MANAGEMENT OR AGENT. POPSONG 3.0 RETAINS ALL PUBLISHING RIGHTS FOR
ALL MATERIAL CREATED THROUGH THE USE OF THIS WEBSITE, AND IS THE
ADMINISTRATOR OF ANY AND ALL COPYRIGHTS RELATED TO MUSIC CREATED
THROUGH THE USE OF THIS WEBSITE.
Please contact us at:
admin@popsong3-0.com
with any questions regarding
this Agreement.
BY USING THIS WEBISTE YOU
AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
