Music Hoarder Terms of Service
Last updated: 4/21/16
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following legally binding terms and conditions and other applicable law. Whether you are merely a visitor, browsing through this website or a registered member who is enjoying all the features of this website, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use this site.
Welcome to Musichoarder.com
Musichoarder.com (“Music Hoarder”) provides the http://Musichoarder.com website (“Site”) for its artists, members, friends and other permitted users. We want to enable your ability to use our Site and to get the most out of it, including listening to music, viewing videos, uploading content, exchanging ideas and interacting with other users and members. You understand and acknowledge that all of the functions specified below shall not be available to all users of the Site (e.g.: “listeners” are currently unable to upload content)
We’ve worked hard to help give you the information here and elsewhere on our Site so that you may be able to fully experience the Site. Everyone (that includes us) hate reading through these Terms and Conditions of use, but our very expensive lawyers insist on it. So bear with us and please take some time to read through these Terms and Conditions. We hope you understand that these and our other policies and activities help us to provide you with the best online audio-visual community experience that we can conceive.
Copyright and Content Ownership
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Music Hoarder, Copyright 2016 iMoveiLive Online Music Magazine.
Music Hoarder wants to you to use this Site to it’s fullest potential however because we have invested a lot of time, money and energy into making this Site fully functional, you will need to understand and agree to a few considerations
- The Site may include works that are licensed to Music Hoarder. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or, where applicable, to place an order with Music Hoarder. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
- Though we own the text, graphics, trademarks of the Site, we don’t claim to own any content that you upload onto the Site. On the other hand, as soon as you upload any content onto the Music Hoarder Site, you represent and warrant that you either (i) own the content that you are uploading or (ii) you have the right or license to upload the content. You also warrant and represent that by uploading any content onto the Site, you are not violating the privacy, publicity, copyrights, intellectual property, or any other rights of any person or entity. Remember: you are solely responsible for the content that you upload onto the Site.
- The moment you upload content onto the Site, you automatically agree to grant Music Hoarder the limited right, license and permission to reproduce, stream, and publicly perform that content on and through the Site or via any of Music Hoarder third party licensees and affiliates. You also grant us the right to modify any and all content that you upload onto the Site so that we may satisfy the technical requirements (such as digitally compressing music files) of the Site. Remember: unless otherwise specified, Music Hoarder will not be required to pay you anything for this limited use of the uploaded content.
- Any other use, including but not limited to the modification, reproduction, distribution, display or transmission of the text, graphics, code of this Site or its content is strictly prohibited, unless authorized by Music Hoarder or the owner of such content.
Removal of Content
Music Hoarder reserves the right to remove, delete, or disable access to any content uploaded onto the Site or any of the features of this Site at it’s own discretion without any notice. You understand that Music Hoarder will not be liable for removing content or Materials, or disabling access to any content or any features of this Site.
Copyright Infringement Claims
Music Hoarder believes in the importance and sanctity of your and everyone else’s intellectual property rights. Therefore Music Hoarder will, in it’s sole discretion, take whatever steps it feels necessary to protect the intellectual property rights of others, including removing or blocking specific content on the Site.
If you believe that your content has been improperly uploaded on the site, or that any specific content on the site violates your or anyone else’s intellectual property rights, then contact us via email at:
email@example.com and place “Copyright Claim” in the subject area.
And include the following information:
- Description/name of the infringing content.
- Description of the type of infringement.
- Your Name, Address, email address, phone number and a description (with proof) of your ownership of the content and/or your right to act on behalf of the true owner of the content.
- Any additional information that will help us assess whether in fact the content in question is a violation of any third party’s intellectual property rights.
- A statement by you, made under penalty of perjury, that the above information in your notice is true and that you are the copyright owner or are authorized to act on behalf of the copyright owner’s behalf.
All trademarks, service marks, logos and trade names of Music Hoarder or iMoveiLive Online Music Magazine used in the Site or on any other affiliated site are trademarks or registered trademarks of iMoveiLive Online Music Magazine or third parties who have authorized the use of such marks on our Site.
In order to use this Site you must be at least 14 years old and to become a member you must provide information such as a username, password and e-mail address. Because all information disclosed through our Site could become public information, you should exercise caution when sharing any of your personal information. You are solely responsible for and all use of your account. By the way, a word of advice: you should be careful with sharing private information ALL THE TIME on ANY WEBSITE, not just with Music Hoarder.
Use of Site
Music Hoarder wants you to enjoy the many functions and services on this Site such as uploading content, and interacting or sharing information with the other members. However, there are certain rules that you must abide by to ensure that everyone has the same positive experience from using this Site:
- Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including other members or visitors on the Site, is prohibited.
- You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
- The Music Hoarder site is for personal use only and may not be used for any commercial purposes except those that are specifically permitted by Music Hoarder . You may not upload commercial content (ie: NO ADVERTISING, SPAMMING, SPIMMING, PHISHING, BULK MAILINGS, JUNK MAIL OF ANY SORT – NO EXCEPTIONS) on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
- Though you can create a hyperlink to the Music Hoarder site from a third party webpage, the link must not portray Music Hoarder or it’s affiliates in an offense, derogatory, false or otherwise misleading manner.
Music Hoarder does not assume any responsibility to review all communications and materials posted to or created by users accessing the Site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Music Hoarder is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Music Hoarder reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Music Hoarder in its sole discretion.
This Site and the materials and other items on or available through this Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Music Hoarder disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Though we have spent a lot of time working on this Site, Music Hoarder does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components (but chill: we are always working on bettering the Site and will continuously try to fix any defects on the Site). Music Hoarder does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Music Hoarder shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if Music Hoarder has been advised of the possibility of such damages. Music Hoarder is not responsible for any technical malfunctions of any network, computer hardware, operating system, software application, online system or any internet bandwidth complications, including any damage to any user’s computer relating to or resulting from the participation, uploading or downloading of any materials or content in connection with the services provided by Music Hoarder . Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process.. Music Hoarder will remove any content that it believes in its sole judgment, to violate this Agreement or any of its policies. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Music Hoarder may terminate your membership and block your use of this Site for any reason, including but not limited to a violation of your promises, warranties, terms and conditions of this Agreement.
Music Hoarder may deliver notices to you relating to the use of this Site by means of e-mail, a general notice posted on our Site, or by other reliable method to the address you have provided to Music Hoarder . From time to time, Music Hoarder may modify this Agreement and the terms and conditions relating to your use of this Site. If Music Hoarder does so, it will notify you via email and you will automatically be bound by those changes to this Agreement.post the new terms on the Site and revise the “Last Updated” date at the top of this Agreement. Unless you send written notice to Music Hoarder indicating otherwise and immediate cease all use of the Site and/or services of Music Hoarder , you will be automatically bound by those changes from the date of such posting.
You agree to indemnify, defend, and hold harmless Music Hoarder , its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
In an attempt to provide an enhanced user experience and value to our members and other visitors, Music Hoarder may link to sites operated by third parties. However, even if the third party is affiliated with Music Hoarder , Music Hoarder has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Music Hoarder . These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Music Hoarder seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on its own site as well as sites to which we link (including if a specific link does not work).
Your use of this Site shall be governed in all respects by the laws of the State of Pennsylvania U.S.A., without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods (if otherwise applicable). You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Music Hoarder ‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Music Hoarder may assign its rights and duties under this Agreement to any party at any time without notice to you. Either Music Hoarder or you may demand that any dispute between Music Hoarder and you must be settled by arbitration utilizing the dispute resolute procedures of the American Arbitration Association in Pittsburgh, PA USA, providing that the foregoing shall not prevent Music Hoarder from seeking injunctive relief in a court of competent jurisdiction.
BY VISITING OR USING THE MUSIC HOARDER SITE, YOU HEREBY WARRANT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THIS AGREEMENT.