Effective Date: December 25, 2016
Registration: When you register with Music2Gather, you will be asked to provide us with personally identifiable information that we may request, all of which will become part of your profile and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a registered user each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that Music2Gather, at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your profile to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or Music2Gather has reasonable grounds to suspect that you have, we have the right to suspend or terminate your registration status and deny you future use of the Site and the Services (or any portion thereof).
Use of the Site: This Site and the Services offered are intended for your personal, noncommercial use in accordance with these terms. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, for any commercial purposes, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Music2Gather.
Personal Profile: Music2Gather makes every effort to ensure that your profile and posts are displayed based on your privacy preference. However, mistakes can happen. If you believe that your profile or activities are being displayed in a manner that you did not authorize, you can notify us of the error by emailing us at email@example.com and we will correct the problem promptly. However, you agree that your sole remedy against us if we were to make such a mistake is to require us to change the privacy settings to those that you originally requested.
User Submissions: Some of the content on Music2Gather is submitted by our users. We encourage you to take advantage of the many opportunities to interact with Music2Gather registered users by posting and reading content and participating in online discussions. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
Usage Policies: All content that you post to Music2Gather, including videos and other content that you upload, must comply with these Terms. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content. You agree that you will not upload, email, transmit, or otherwise make available any content that:
- is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
- could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
- contains slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
- constitutes spam;
- is a solicitation or advertisement for any commercial product or activity;
- constitutes behavior that does not support a safe and comfortable environment for all users; or
- contains any materials that encourage inappropriate or unlawful conduct.
We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Music2Gather, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to or use of the Site, or your violation of either these Terms, applicable law, or the rights of any third party.
We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of Music2Gather, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users.
If you believe that any postings on the Site violate these Terms, please let us know by emailing us at firstname.lastname@example.org.
Use of your Information: By using the service, recording your voice, and submitting content to the Site, you grant to Music2Gather, and its successors in business, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from your recordings or the content, for any commercial purposes, and in any medium now existing or hereinafter developed, without your prior approval or the payment of any compensation.
Music2Gather Intellectual Property: The Site and, with the exception of material posted by registered users and third party content, all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, audio, sounds, messages, comments, ratings, and other materials is owned by Music2Gather or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the Hong Kong copyright laws. Music2Gather owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. All trademarks appearing on this Site (“Marks”) are trademarks of their respective owners, including Music2Gather and its partners. Users are prohibited from using any Marks without the written permission of Music2Gather or such third party that may own the Marks.
All content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Music2Gather's prior written consent. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
Emails from Us: By registering for Music2Gather, you will receive online communications from Music2Gather. To unsubscribe from any Music2Gather email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from our emailing list.
Disclaimer of Warranties: YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MUSIC2GATHER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MUSIC2GATHER DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MUSIC2GATHER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
MUSIC2GATHER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY CONTENT PROVIDED ON THE SITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MUSIC2GATHER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE.
Liability Limitation: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MUSIC2GATHER OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MUSIC2GATHER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MUSIC2GATHER'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.
Modification of Terms: We may change the Terms from time to time by updating this posting and changing the Effective Date referenced below. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.
INFORMATION WE COLLECT
User Provided Information. Music2Gather collects personal information from you when you register on the Site, update your profile, interact with other users, and use various features of the Site. To register with Music2Gather, you must provide a user name, password, and email address. When you register you may also provide your country, gender, and other information. Once you are a registered user of Music2Gather you may be given the option to add additional personal information to your profile. We may also collect information regarding your interaction with other users and your use of the Site, including content you view linked from the Site and Music2Gather points that you have earned, which will also be displayed on the Site. From time to time we may ask you to respond to surveys or other requests for information, and we collect the information you provide. We may collect information from you when you participate in sweepstakes and promotions offered on the Site. We use this information to continually offer you the most value as a user of the Site.
Supplemental Information. We may supplement the information you provide us by acquiring commercially available demographic and marketing information from third parties, for instance, to update your information and to create a profile of your preferences. We may tie your personally identifiable information to information in the profile, in order to improve the content of the Site for you or to inform you about products or services that we think will be of interest to you.
Advertisements. We may from time to time use various outside ad-serving companies and affiliates to serve advertisements on the Site. In the process of serving advertisements, the ad serving companies may place a cookie in your browser's cookie file and may use information about your visits to the Site and other websites in order to provide advertisements on the Site about products and services that may be of interest to you. By delivering ads on the Site, the ad-server is able to record what ads a user -- identified by the unique cookie -- has seen, and what pages the user was viewing when the ads were delivered. This web usage information is combined with other ad delivery information the ad-server has collected from your visits to the Site and other websites not affiliated with Music2Gather. This non-personally identifiable information is used as part of the ad-serving process for reporting and to select and direct the ads you see online at the Site and other websites not affiliated with Music2Gather.
USE OF PERSONAL INFORMATION
When you Register. When you register with Music2Gather, you can create your own profile. If your profile is visible, your profile information, as well as your name and picture are displayed to other registered users as well as visitors to the Site.
Our Use. We receive and store any personal information you enter on the Site or give to us voluntarily in any other way and may use it to contact you from time to time. This means we may contact you by email, phone and/or cell number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving (e.g. video etc.). We may also send you information or offers from time to time to a postal address or email address we have on file. If you provide your name for a promotional offer to enter a sweepstakes or contest, and win a prize, we will post a winner's list online, and will file your name with state agencies if required by law.
Vendors. We employ other companies and individuals to perform functions on our behalf. Examples might include sending email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links and providing customer service. They have access to your personal information needed to perform their functions, but may not use it for other purposes.
Third Party Offers. We may share personally identifiable information with third parties in order to have them send you special offers and promotions or other information we think you might find of interest. We ourselves will also occasionally send you information on products, services, special deals, promotions, or information which we have found that may be of interest to our users and subscribers. If you do not want us to use the information you provide in order to inform you of products and services we think might interest you, or provide your information to third party companies, it is your obligation to please let us know, by contacting us at contact@Music2Gather.com.
Invite a Friend. If you do become a registered user, you can also share links to content on the Site with other individuals by providing us with their email addresses. Using the information you give us on these potential users, we will send them an email message including a link to the Site, and we may include an invitation to join Music2Gather. The only way these individuals can become registered users, however, is if they come to our Site and register themselves. We do not use this information for other purposes
Other Uses. We may use your personal information to contact you about Music2Gather's products or services, or for other purposes in which you have expressed an interest, for example, if you have contacted customer service or made an inquiry.
Service Related Announcements. We will provide you with service and account related announcements on occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, or the delivery of a service or product is delayed we might send you an email, or other message, or if there is some service issue with something you might have ordered. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to cancel your registration on our Site by sending an email to us at contact@Music2Gather.com.
Exceptional Circumstances. If Music2Gather, or any of its lines of businesses or affiliated companies, is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, the relevant databases of Music2Gather could, in whole or in part, be sold as part of that transaction. Therefore, information about registered users of and visitors to the Site, including recordings and personal information, may be disclosed as part of any merger or acquisition, creation of a separate business or sale or pledge of our company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company. Information about our users, including personal information and user recordings, may also need to be disclosed in connection with a commercial transaction where Music2Gather, Inc., or an affiliate, seeks financing, investment, support or funding. We also may have to release personally identifying information when it is necessary to comply with judicial or other government subpoenas, warrants, orders, or to protect the rights, property, or safety of Music2Gather, its users or others.
IMPORTANT DISCLOSURES AND PRACTICES
Children's Privacy. Music2Gather does not permit participation or visitation by children. Visitors who are known to be under the age of 14 are prohibited from becoming registered users. Music2Gather does not knowingly collect personally identifiable information from children under the age of 14.
CHOICE AND OPT OUT
You may opt-out of use of your information as set forth above by emailing us at contact@Music2Gather.com or by setting your own preferences online for receipt of Music2Gather marketing and promotional emails. For instance, if you do not want us to use your email address or other contact information to provide you with offers, or no longer wish to receive our email newsletter, you may opt-out of receiving it by emailing us at contact@Music2Gather.com.
ACCESS TO YOUR INFORMATION
HOW MUSIC2GATHER PROTECTS YOUR INFORMATION
We have security procedures for the storage and disclosure of personal information, which you have given us in order to prevent unauthorized access. Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100%% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. The Site may also contain links to other Web Sites. Keep in mind that Music2Gather does not control, and is not responsible for, the privacy or security practices or the content of these other web sites.
HOW TO CONTACT US