October 25, 2012
- Becoming a Registered Member. You must become a registered member before placing any text, information, data, graphics, music, sound, video, or any other material (Content) on the Website. You can become a member by completing the online Membership Application Form and setting up a password protected account. You are responsible for all actions made on the Website using your password. You can cancel your membership at any time by sending an e-mail to the MelodyFusion Administrator.
- Your Obligations as a Member.
a. You are of Legal Age. By becoming a member you represent that you are able to form a legally binding agreement.
b. Your Promises About Content. When you or anyone using your account upload any Content onto the Website you warrant that:
i. You either own the copyright to or have the right to use all of the Content. If the Content is music, this means that you have the right to use or own the copyright to both the composition and the particular recording of the composition.
ii. The Content does not and will not infringe the rights of anyone else.
iii. The Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
iv. The Content does not include any malware.
v. The Content is not misleading or deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
vi. Melody Fusion has a zero-tolerance spam policy. Spam is defined as "electronic junk mail or junk newsgroup postings." You agree that any messages you send will not generate spam. Melody Fusion at its sole discretion has the right to suspend or terminate your use of its website if you generate spam complaints.
c. You Indemnity Us. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of these Terms and Policy; (ii) any allegation that any Content that you submit infringes or otherwise violates the copyright or other rights of any other person or entity; and/or (iii) your activities in connection with the Website. This indemnity will be applicable without regard to the negligence of any party, including MelodyFusion.
d. Grant of License. Although you keep any copyright that you have to the Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to provide the Content to other people through the Website.
e. Your Risks. We control and operate the Website from the United States. We make no representations that content is appropriate for use in locations outside of the United States. You are prohibited from accessing the Website if it is illegal for us to provide it to you in your location. You must take your own precautions to ensure that the process and systems you use for accessing the Website do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked website.
- Our Obligations to You. We will use commercially reasonable efforts to make the Website available and operational. We do not promise that the Website or Content will always be available or that the use of the Website will be error-free. We do not warrant that the Content will be protected against loss, misuse, or alteration by others. We provide the Website “as is” and we make no express or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, non-infringement, and non-interference. We will not be liable for any special, incidental, indirect, or consequential damages even if we knew or should have known of the possibility of those damages. This limitation applies whether damages are sought under tort, contract, or any other legal theory. Some jurisdictions do not allow some or all of these limitations and exclusions.
- Our Rights.
a. Our Ability to Take Action Against You. We have the right to temporarily or permanently remove any Content that we believe, in our sole and absolute discretion, violates these Terms and Policy. We have the right to cancel your membership if we believe, in our sole and absolute discretion, that you have violated these Terms and Policy.
b. Our Intellectual Property Rights. We own all of the intellectual property rights in the Website, other than the Content. Specifically, we own the copyright to the Website and the trademark rights to the “MelodyFusion” brand. You may not copy or create derivative works from any part of our Website or use the MelodyFusion brand except as specifically permitted in these Terms and Policy.
- Linked Websites. The Website may contain links to other websites. Links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. The presence of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites.
- Our Policy Relating to Copyright Infringement. We do not manually screen all Content before it is displayed on the Website and occasionally members may inadvertently or deliberately submit and display content that breaches these Terms and Policy. If you believe your copyright or other intellectual property rights are being infringed, we encourage you to make a formal complaint by completing the Copyright Complaint Form.
- Our Policy Relating to Inappropriate Content. Content is inappropriate if it violates any of the bulleted promises in Section 2(b). If you are aware of any inappropriate Content, please report it here.
What categories of personally identifiable information do we collect?
We may collect the following information and store it, either permanently or temporarily:
=> Your name
=> Your email address
=> Your username and encrypted password
=> Your metro region
=> Your profile type (personal or band)
With whom may we share your personally identifiable information?
There are only a limited number of circumstances when we would use or share your personally identifiable information and a limited number of people with whom we would share it.
a. We will use your personally identifiable information only for the purpose you submitted it and related activities.
b. We will share your personally identifiable information with third parties under the following circumstances:
i. If we receive a subpoena or court order, or to establish or exercise our legal rights, and then only to those third parties necessary to comply with the subpoena or court order or as needed to protect our legal rights.
ii. If we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected copyright infringement, or situations involving any other failure to abide by the terms of these Terms and Policy.
iii. If we use third party contractors, but only to the extent that they have a need to know.
iv. If we are acquired by another company, that company will have access to your personally identifiable information and may also be expected to share it with subsequent acquirers.
How can you update or make changes to your personally identifiable information?
We are working to make it easier for you to review the information we store about you and enable you, if necessary, to update or correct it.
How will we use your email address?
We are committed to complying with the requirements of the CAN-SPAM Act of 2003. We are taking care and have implemented commercially reasonable practices and procedures designed to effectively prevent sending commercial electronic mail messages to anyone who has let us know that they do not want to receive those messages. In order to opt out of receiving commercial email messages from us please click here to unsubscribe. If, after 10 business days you are still receiving commercial email messages from us, please let us know immediately by sending an email to firstname.lastname@example.org.
- Users Who Are Only Browsing. Some users of the Website will not be providing us with any information or uploading any content. If you are one of those individuals, then you must not violate or attempt to violate the copyright of the Content uploaded by others. This includes copying music.
- Governing Law, Jurisdiction and Venue. These Terms and Policy are governed by the internal laws of the state of Colorado. The state and federal courts located in El Paso County, Colorado will have exclusive jurisdiction and venue over any dispute arising out of these Terms and Policy. You consent to the personal jurisdiction of those courts.
- Amendments to These Terms and Policy and Changes to the Website. We may amend these Terms and Policy at any time by updating and posting a new version on the Website. By using the Website, you agree to be bound by the current version of the Terms and Policy. We may modify or discontinue the Website temporarily or permanently, with or without notice to you.
- General Terms. These Terms and Policy supersede any other agreement between you and us relating to this Website, even if those other agreements come after these Terms and Policy in time and even if they say that they supersede all earlier and/or other agreements. The validity of these Terms and Policy as a whole will not be affected by the partial or complete invalidity of any term. We may waive a provision of these Terms and Policy only in a written document that cites these Terms and Policy and is manually signed by an officer of MelodyFusion.