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PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY.
Welcome
to the MUSICIANMP3.COM ("MUSICIANMP3.COM ") Website
(the "Website") located at, or linked to through,
the root www.musicianmp3.com. Please review the following
terms and conditions ("Terms and Conditions")
concerning your use of the Website. By accessing, using
or downloading any Content from the Website, you agree to
follow and be bound by these terms and conditions. If you
do not agree with these terms and conditions, please do
not use this Website.
NO
NOTICE
MUSICIANMP3.COM and the Artist may make improvements and/or
changes in the products, services, programs, advertisements
and prices described in this Web Site at any time without
notice. Modifications will be effective when they are posted.
Each time you log on to the Website, you will be deemed
to have accepted any such modifications as such you should
review MUSICIANMP3.COM's terms and conditions from time
to time to review the then-current terms. Certain provisions
of these terms may be superseded by expressly designated
legal notices or terms located on particular pages at this
Web Site. Any rights not expressly granted herein are reserved
by MUSICIANMP3.COM.
COPYRIGHT
AND TRADEMARK
Musicianmp3.com does not own the musical compositions, sound
recordings, art or other written or visual images (collectively,
the "Content") posted by third parties to the
Website. All Content is posted by Artists who has represented
and warranted to Musicianmp3.com that, among other things,
neither the Content nor the names, trademarks and service
marks under which Content is promoted infringes any third
party's copyright, patent, trademark, trade secret or other
proprietary rights, rights of publicity or privacy, or moral
rights. Artists indemnify Musicianmp3.com against any third-party
claims for trademark or copyright infringement.
OWNERSHIP
OF MATERIALS
All material ("Content") provided on this Website
is provided by either MUSICIANMP3.COM or its third party
suppliers, artists, individuals, companies, groups, authors,
developers, advertisers and vendors ("Artists").
The Content on this Website is copyrighted and is protected
by worldwide copyright laws and treaty provisions. Except
as expressly provided herein, you may not copy, adapt, modify,
display, perform, or otherwise use the Contents (including
use of these Contents on any other Website or networked
computer environment) without the prior written permission
of MUSICIANMP3.COM and/or its Artists. Any unauthorized
use of any of the Content on the Website may violate copyright,
trademark and other similar laws. MUSICIANMP3.COM reserves
the right to change or modify any advertisement posted on
the Web Site at any time without notice. You may not link
directly to any media file located on an Musicianmp3.com
server, and you should not attempt to claim any Contents
as your own work. Any computer software downloadable or
otherwise available on the Website is provided subject to
the terms of the applicable license agreement.
SITES
LINKED FROM THE WEBSITE
Musicinamp3.com specifically disclaims any and all responsibility
for third-party links. Links to third-party Websites from
the Website are not under Musicianmp3.com's control, and
Musicianmp3.com does not assume any responsibility or liability
for any content, opinions or materials available at such
third-party Websites. Musicianmp3.com does not investigate,
monitor or check for accuracy such third-party Websites
and Musicianmp3.com does not intend any such links to third-party
Websites to imply Musicianmp3.com's sponsorship or endorsement
thereof. Your use of such Websites is at your own risk.
YOUR
CONDUCT
You shall use the Website for lawful purposes only. You
shall not post or transmit via the Website any material
which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without
Musicianmp3.com's prior written approval.
APPLICABLE
LAWS
Musicianmp3.com makes no representation that Content on
this Website are appropriate or available for use in locations
outside Canada and the United States, and accessing them
from territories where their contents are illegal is prohibited.
Those who choose to access the Website from locations outside
the Canada and the United States do so at their own risk
and are responsible for compliance with local laws. If any
provision of these Terms and Conditions is held to be invalid
or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Musicianmp3.com's
failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent
or similar breaches. These Terms and Conditions set forth
the entire understanding and agreement of the parties as
to the subject matter hereof and supersede all prior proposals,
discussions or agreements with respect thereto. A printed
version of these Terms and Conditions and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
these Terms and Conditions to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MUSICIANMP3.COM,
THE CONTENT ON THE WEB SITE ARE PROVIDED "AS IS",
ARE EXPERIMENTAL, AND ARE FOR PERSONAL USE ONLY, AND MUSICIANMP3.COM
HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE
LEGALLY INVALID. MUSICIANMP3.COM MAKES NO REPRESENTATIONS,
WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF
THE CONTENT CONTAINED ON THE WEB SITE. SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION
OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER
MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD
BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND
WHAT IS PERMITTED UNDER APPLICABLE LAW.
LIMITATION
OF LIABILITY
BY AVAILING YOURSELF OF THE WEBSITE, CONTENT OR RELATED
SERVICES, YOU AGREE TO RELEASE AND HOLD MUSICIANMP3.COM
AND THE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS,
REPRESENTATIVES OF MUSICIANMP3.COM, ITS AFFILIATES, SUBSIDIARIES,
ETC. (COLLECTIVELY, "MUSICIANMP3.COM AFFILIATES")
HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS
AND ACTIONS OF ANY KIND ARISING FROM OR RELATED TO THE WEBSITE,
CONTENT OR RELATED SERVICES INCLUDING BUT NOT LIMITED TO:
(A) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE, NETWORK,
INTERNET OR COMPUTER MALFUNCTIONS, FAILURES OR DIFFICULTIES
OF ANY KIND; (B) FAILED, INCOMPLETE, GARBLED OR DELAYED
COMPUTER TRANSMISSIONS; (C) ANY CONDITION CAUSED BY EVENTS
BEYOND THE CONTROL OF MUSICIANMP3.COM THAT MAY CAUSE THE
WEBSITE OR RELATED SERVICES TO BE DISRUPTED OR CORRUPTED;
(D) ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING
IN CONNECTION WITH OR AS A RESULT OF YOUR USE OF THE WEBSITE,
CONTENT OR RELATED SERVICES; OR (E) ANY PRINTING OR TYPOGRAPHICAL
ERRORS IN ANY CONTENT ASSOCIATED WITH THE WEBSITE, CONTENT
OR RELATED SERVICES. IN ADDITION, YOU AGREE TO DEFEND, INDEMNIFY
AND HOLD MUSICIANMP3.COM AFFILIATES HARMLESS FROM ANY CLAIM,
SUIT OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE
BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR UTILIZING
THE WEBSITE, CONTENT OR RELATED SERVICES, YOUR VIOLATION
OR BREACH OF THESE TERMS AND CONDITIONS, YOUR VIOLATION
OF ANY RIGHTS OF A THIRD PARTY, OR ANY OTHER ACT OR OMISSION
BY YOU. MUSICIANMP3.COM SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING,
COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT. IN NO
EVENT SHALL MUSICIANMP3.COM BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING
BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE,
DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF MUSICIANMP3.COM
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO HOLD MUSICIANMP3.COM HARMLESS FROM, AND YOU
COVENANT NOT TO SUE MUSICIANMP3.COM FOR, ANY CLAIMS BASED
ON OR RELATED TO THE USE OF THE WEB SITE.
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