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Terms of Service
Terms of Service By using musodirect.com you agree to be bound by these Terms of Service, This Terms of Service contains legal obligations, please read them carefully. By using the musodirect.com site, you acknowledge the Terms of Service agreement of this website. If you choose not to do so please do not use this website. Musodirect.com has the right to terminate the registration of any person, firm, business or company at any time who fails to comply with good business practices, or fails to maintain a standard of conduct acceptable to musodirect.com. 1 Agreement of Terms of Service By using the musodirect.com website / Products & Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to musodirect.com or any product or service. All such User Conduct / Guidelines and rules are hereby incorporated by reference into the Terms of Service. Once you have registered with musodirect.com you have accepted and agreed to the stated Terms of Service. 2 User Conduct / Guidelines Musodirect.com will not be liable in any way for any user or third party content, including, but not limited to, for any errors or omissions in any such material / content, or for any loss or damage of any kind incurred as a result of the use of any such material / content posted, emailed or otherwise transmitted via the Product & Services of musodirect.com website. As a registered user of musodirect.com you acknowledge and agree that you are responsible for all content that you upload, post, email or otherwise transmit via the musodirect.com / Product & Services website. You are solely responsible and liable for all content listing information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages. Musodirect.com does not control the user or third party content posted via the products & services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party content. Therefore you may be exposed to content that may be deemed offensive / inappropriate at your sole risk. musodirect.com reserves the right to monitor some, all, or no areas of the party products & services for adherence to these Terms of Service or any other rules or guidelines posted by musodirect.com. Musodirect.com has the rights to remove anything that falls into the categories of Prohibited Conduct. If this happens, and you have a legitimate claim that the material and /or content is yours and follows these User Conduct and/or Guidelines, we will investigate and take appropriate actions if required. Prohibited Conduct Under the Agreement of Terms of Service you will not use musodirect.com website to: (1) Advertise, offer for sale, or sell any of the following items:
(2) Upload, post, email, otherwise transmit, or post links to any content that: (a) Violates any laws, third party rights or our Terms of Service and policies. (b) Facilitates, hacking or designed to manipulate any equity, security, or other markets. (c) Promote Contest, raffle or game requiring a fee by participants. (d) You do not own the IP and/or copyright to, and is not available publicly online print licensed & free for distribution. (e) Is false, misleading, deceptive, inaccurate defamatory, libelous (f) Infringes on other individuals privacy. (g) Promotes illegal activity, including without limitation the provision of instructions for illegal activity. (h) Distributes viruses / technologies that may harm the interests or property of musodirect.com and/or users. (i) Exploits the images of individuals under 18 years of age, or that discloses their personal information. (j) Is unsolicited or unauthorized advertising, promotional content, distribution or post spam, junk mail, chain letters, pyramid schemes or any other forms of solicitation. (k) Is unlawful, Indecent or obscene, violent, harmful, threatening, abusive, stalking, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable. (l) Contains software Viruses, Worms, Trojan horses, Time bombs, Trap doors or any other Computer Code, Files or Programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to alter the quality of, interfere with the performance of, or impair the functionality of the musodirect.com website. (m) Violate any applicable Local, State, National or International law, including, but not limited to, Regulations promulgated by the Governing Body, any rules of any national or other securities exchange, including, without limitation, the Governing Body and any regulations having the force of law. (n) You do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
(3) Infringes any Copyright, Trademark, Patent or other Proprietary Rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of Software Piracy to make available: (i)Software files for which the user does not own the copyright or have the legal right to make available. (ii) Copyrighted Software or other Content that has had the copyright protection removed. (iii) Tools that can be used for no purpose other than for “cracking” software / other copyrighted Content. (iv)Serial numbers for software that can be used to illegally validate or register software. (4) Publish, modify, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from any musodirect.com database, including, without limitation, by incorporating data from any musodirect.com database into any e-mail or types of products or services, whether browser-based, based on proprietary client-site applications, web-based, print or otherwise. (5) Create and maintain musodirect.com listing that contains hyperlinks to content not permitted on our site; (a)Redirects to another web page or (b) Hosts content for remote loading by other web pages (known as hot-linking). For example using the service where other websites are linking to files and/or media from our website. Hot-linking would be using a <img> tag to display an image from musodirect.com site from somewhere else on the internet. (6) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services. (7) Interfere with or disruptthe websites Products & Services or servers or networks connected to the Products & Services, or disobey any requirements, policies, procedures or regulations of networks connected to the Products & Services. (8) Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services. (9) Use any software deployed in connection with the Products & Services to process data as a service to other entities without the express written consent of musodirect.com or the party from whom such software may be licensed. (10) Conduct your own contests, promotions and relative self interest / money making schemes. (11) Modify, decompile, disassemble, translate, adapt, re engineer, create derivative works from, or sublicense any software deployed in connection with the Products & Services of musodirect.com website. (12) Collect or Harvest store personally identifying information about other users for commercial or unlawful purposes. (Collect information about users, including email address, without their consent.) (13) Sell, distribute, or make any commercial use of data obtained from any musodirect.com database or make any other use of data. (14) Use automated means, including spiders, robots, crawlers, or the like to download data from musodirect.com network database. (15) Access the Products and Services after your account or access has been terminated by musodirect.com. (16) Impersonate any individual or entity, including, but not limited to, musodirect.com business, consultant, employee or otherwise or falsely state or otherwise misrepresent your affiliation with a individual or entity. (17) Circumvent or manipulate musodirect.com fee structure, billing process, or fees owed to musodirect.com If you find any offensive/ inappropriate material / content or business listing you believe has breached or violated musodirect.com Terms of Service please notify us at abuse@musicdirect.com so we can suspend or terminate the business account as soon as possible. 3 Rights Musodirect.com grants you a non-exclusive, non-transferable, limited right to access, use and display this website (the “Site”) and the materials provided hereon, provided that you comply fully with this agreement. You agree not to interrupt, or attempt to interrupt, the operation of the musodirect.com website in any way. You must not share registered services with any other person or organisation. 4 Accounts / Passwords / Security As part of the registration process, you will select a password. You must take care to keep your password confidential. You must not disclose it to anyone if a person gains unauthorised access to musodirect.com as a result of your failure to keep your password confidential your registration could be suspended and you maybe liable for any consequences or misuse of your business account. 5 Terminations In addition to any other rights of the parties set forth herein, either you or musodirect.com may cancel or terminate this agreement at any time. Musodirect.com also reserves the right to restrict, suspend or terminate your access to the registered management system of the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this agreement of Terms of Service. If musodirect.com terminates this agreement based on a breach of any portion of this agreement of terms of service, musodirect.com reserves the right to refuse to provide a registration or any fee-based services to you in the future. If we find that you are not using the service properly we reserve the right to terminate your use of the service immediately and, if necessary, take legal action against you. 6 Abuse / Spamming / Junk mail To prevent spamming / junk mail musodirect.com does not list or advertise any email addresses. Any instances of email abuse and/or inappropriate website content associated with any directory listings or advertising will result in immediate account deactivation and removal of all associated listings and advertising. If general unregistered users send spam/abuse and/or inappropriate message please notify us as soon as possible so a block on the inbound messages can be activated. Please report any instances of email spamming and/or abuse of our services to abuse@musicdirect.com 7 Registration / Renewals On registration you fully understand the Terms of Service of free, trial and paid business listings. Business Listings As an introduction to musodirect.com your listing will appear as a trial listing for 30 days. The trial listing consists of all details that are also considered as a Paid listing for this duration. Upon registration you may also receive other products &/or services for trial as part of your registration to our website. After the trial period, the trial listing will drop down to a free listing that consists as a genre category type of music business, contact details and a basic description. A free listing means only 1 basic listing per registered account. If musodirct.com finds that there is any duplication of a free business listing, any additional listings will be rejected and your account access could be suspended. Once you register the type of Music Business & Music Genre category, the listing will be locked in to keep integrity in the musodirect.com website. Before the 12 month duration expires you will get an email to update your paid business listings, once these expire they can no longer be viewed online. Any upgrades from Free to Paid listings will revert back to free if you do not continue to renewal payment for the listing. As part of our service, any listings either Free or Paid must be maintained during the 12 month period commencing at the date of registration. If a listing is either not renewed or updated within 12 month duration, these listing will be dropped from our service. This is to ensure that all information is relevant and current to the users of our service. Artist / Band / Group Listings On registration a manager and/or agent will need to notify and confirm with the artist band or groups business owner/s that they will be the primary business contact on musodirect.com. A manager and/or agent can pay for listings on behalf of the artist, band or group under the artist / groups registered business. Any listing disputes musodirect.com will suspend the disputed listings that need further investigation due to ownership issues pending the conformation from the artist, band or groups business (Owners). (Note) All artists, bands and groups listings are the property of the artist / groups (registered business). What’s On / Event Listings When posting an event on musodirect.com please confirm all details required before uploading your event. You must be accurate with regards to the time, date, event, location / venue and cost. Any wrong information would be miss-leading to the general public therefore you are fully liable for any repercussions or legal or other consequences that arise. Any changes required please notify us or update your event details as soon as possible at musodirect.com so those details can be amended. If a general user lodges a complaint regarding inaccurate event details or the event didn’t happen your account could be suspended or terminated until further investigation. Musodirect.com / Music Media Directory Service Musodirect.com music media service provides direct access to artists, bands, events, festivals, venues, products and services in All Music Genre’s. In Australia if your business listing is in the selected genres of Country, Blues, Gospel, Jazz, Reggae, Folk and Indigenous / World music your listing will appear on both websites musodirect.com & rootsmusic.com.au. Rootsmusic.com.au / Australian Roots Music Directory Rootsmusic.com.au media service provides direct access to artists, bands, events, services, organisations venues and events in the genres of Country, Blues, Gospel, Jazz, Reggae, Folk and Indigenous / World music in Australia. In Australia if your business listing is in the selected genres of Country, Blues, Gospel, Jazz, Folk and Indigenous / World music your listing will appear on both websites musodirect.com & rootsmusic.com.au. 8 Cancellations / Closure If your business ceases to trade please notify us so that your account can be deactivated we can removal of all associated listing and advertising of your business account. To cancel, please contact: accounts@musodirect.com 9 Registration & Privacy On registering and providing such data, you represent and warrant that all the information about yourself and your music business is true, accurate, current and complete (apart from optional items) as required by various musodirect.com registration forms (“Registration Data”). You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. musodirect.com reserves the right to use and reuse all registration and other personally identifiable user information subject to musodirect.com Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in musodirect.com Privacy Policy and on musodirect.com website. If you provide any information that is untrue, deceptive, misleading, inaccurate, not current or incomplete, or musodirect.com has a reasonable ground to suspect that such information is untrue, deceptive, misleading, inaccurate, not current or incomplete, musodirect.com has the right to suspend or terminate your account. 10 Advertising / Third Party Your business dealings and communications with, or participation in promotions of, advertisers found through or on the musodirect.com services, including payment and delivery of related Goods or Services, and any other terms, conditions, warranties or representations associated with such business dealings, are solely between you and such advertiser. You agree that musodirect.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product & Services listing. 11 Linking / Use of Logo Button Musodirect.com offers a non-assignable, non-transferable, and non-exclusive license to link to musodirect.com website, using musodirect.com logo button, subject to the following provisions; (a) Musodirect.com logo button may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by musodirect.com.Musodirect.com logos button may be placed on a website for the sole purpose of creating a link to musodirect.com and allowing users of your site to access the Products and Services on musodirect.com. (b) Musodirect.com logo button may only be used in accordance with the musodirect.com branding ownership and may only be used in the exact size, shape, colors, design, and configuration as found on this websites. Musodirect.com logos button may not be altered in any manner. Upload musodirect.com Logo Link Button. 12 Indemnity & Release By using musodirect.com you hereby agree to indemnify and not hold: musodirect.com and / or its staff, employees, contractors and licensors from any person's misuse or unauthorised use of any password or account you maintain with musodirect.com, regardless of whether such use is authorized by you. As the registered business holder you shall take full responsibility of the security of your account password. You must not disclose it to anyone. If a person gains unauthorised access to musodirect.com as a result of your failure to keep your password confidential your registration could be suspended and you maybe liable for any consequences or misuse of your business account. By using the musodirect.com website you agree to indemnify musodirect.com and their staff, employees, contractors and licensors, and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the musodirect.com website. By using musodirect.com.au, using the Products & Services, or submitting any Ideas, feedback and/or related materials to musodirect.com, you are hereby agreeing to release musodirect.com and its staff, employees, contractors and licensorsfrom any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products & Services or to any disputes regarding use of ideas and/or related materials submitted to musodirect.com 13 IP / Intellectual Property / Logos & Copyright, Trademark The information appearing on this website is subject to national / international copyright laws. Apart from fair dealing, such as for an individual to contact a music business a view to engaging their professional services, this information may not be reproduced by any process in whole or in part, without the express permission of the proprietor of musodirect.com or the specific music businesses IP. All Intellectual Property / Copyright, Trademark & Patents that appear throughout musodirect.com website belong to musodirect.com or the respective owners registered with musodirect.com of such IP content of Logos, Copyright, Trademark, & Patents, and are protected by National and International Copyright and Trademark Laws. Any use of any Intellectual Property content material of the Logos, Copyright, Trademark & Patent appearing throughout the Products and Services without the express written consent of musodirect.com or the owner of the Copyright, Trademark and Patent, as appropriate, is strictly prohibited. Musodirect.com may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave musodirect.com to access third-party material. Musodirect.com has no control over external sites linked from our listings or other user created content. 14 Submitting Ideas / Feedback Improvements If you have ideas or suggestions regarding improvements to musodirect.com products &/or services we would like to hear from you, however any submission will be subjected to these Terms of Service. Under no circumstances shall any disclosure of any idea or related materials to musodirect.com be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or any related material to musodirect.com you are waiving any and all rights that you may have in idea or any related materials and are representing and warranting to musodirect.com that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that musodirect.com is free to implement the idea and to use the materials if it so desires, as provided or as modified by musodirect.com without obtaining permission or license from any third party. 15 Changes in Terms of Service Musodirect.com reserves the right to change the Terms of Services at any time without notice. You fully acknowledge and agree to be bound by such changes. Musodirect.com reserves the right to modify the Products & Services of the website from time to time, for any reason, and without notice, including the right to terminate any Products & Services. 16 Breaches in Terms of Service Should you breach the Terms of Service or any other rights, musodirect.com reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on musodirect.com website. If you are aware of any other parties breaching or violating the Terms of Service of musodirect.com, please report them to: Musodirect.com Abuse Manager abuse@musodirect.com
PO Box 99 3182 St Kilda Melbourne, Australia Last updated February 15, 2009 |