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Terms and Conditions of Use
Terms & Conditions:
PLEASE READ THESE TERMS OF USE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. ACCEPTANCE OF TERMS

This Terms of Use Agreement sets forth the standards of use of www.musicolio.com (hereinafter referred to as “Musicolio”) for its registered members. By using Musicolio, you (the "Member") agree to these Terms of Use Agreement. If you do not agree to the terms and conditions of this Terms of Use Agreement, you should immediately cease all usage of Musicolio. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Terms of Use Agreement without prior notice. Modifications shall become effective immediately upon being posted at Musicolio. Your continued use of the service after amendments are posted constitutes an acknowledgment and acceptance of the Terms of Use Agreement and its modifications. It is your responsibility to regularly check Musicolio to determine if there have been changes to this Terms of Use Agreement and to review such changes.

2. MEMBER CONTRIBUTIONS

There are many opportunities for you to contribute to Musicolio and to communicate with other Musicolio members, including uploading recordings, videos, song lyrics, resumés, articles, blogs, links to other materials, etc. (collectively, the "Member Content”). Musicolio is not liable or responsible for any Member Content provided by its Members or other third parties. The contributions of third parties do not necessarily represent the view or opinions of Musicolio. Musicolio cannot preview the Member Content before appears or is sent to another member. Members can be held liable for any illegal or prohibited Member Content they provide to Musicolio or to other members, including without limitation, infringing, defamatory or offensive materials. However, if you discover this kind of material on Musicolio, please notify us. We will investigate your claim and take appropriate action.

3. PERMITTED USE

You are only authorized to view and to retain a copy of pages of Musicolio for your own personal use. Any reproduction, publication, or further distribution or public exhibition of materials provided on Musicolio in whole or in part is strictly prohibited. The content and software on Musicolio is the property of Sicmus, LLC and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of Musicolio. You may not remove this notice or these credits, or any additional information contained along with the notices and credits.

4. REGISTRATION REQUIREMENTS (+ PRIVACY)

The following information may be necessary in order to register for Musicolio:

* Name
* Age
* Username
* Password
* E-mail address
* Gender
* Residence/location
* Profile type
* Musical style (genre)

In addition, each Member is required to submit a sample of such Member’s music-related work.

Musicolio shall have the right to stop the registration process, and to refuse an registrant’s admission to the utilization of Musicolio for any reason, including: if doubts arise regarding the correctness of the data provided by the registrant, or if the registrant has already registered for utilization under a different name, or if Musicolio has terminated a previous Member contract with the registrant.  Musicolio shall not be obligated to provide reasons for stopping the registration procedure or refusing admission to Musicolio.

The above-mentioned data – with the exception of the password – will, subject to the Member’s privacy settings, be made available to other Members. The Member may, however, restrict the visibility of the Member’s legal name by other members. A reasonable utilization of Musicolio will not be possible without publishing the data. The Member may also publish his/her photographs or other image files. The Member expressly agrees to the publication of the above data and image files.

The Member agrees that information provided by the Member may be used by Musicolio in order to send or provide the Member with custom-tailored information, news and (advertising) offers which are of interest to him/her.

Musicolio uses cookies in order to facilitate the utilization of its applications. Cookies are files which are stored on the Member’s computer. By this means, utilization data (for instance data relating to log-in) will be tracked. Depending on the settings of the browser used, the Member is able to restrict the use of cookies. If cookies are not accepted, Musicolio cannot be used, or cannot be used to its full extent.

The Member shall be obligated to log into Musicolio each time prior to using Musicolio. The Member shall be obligated to keep secret the password to be used by him/her, and to not disclose it to third parties. The Member shall in particular not have the right to provide third parties with the opportunity of using Musicolio’s applications. Musicolio shall have the right, but not the obligation, to set rules for the choice and updating of passwords. Violations of these rules shall give Musicolio the right to terminate the Member contract. The Member shall be responsible for any infringements committed through his/her account, unless the infringement is beyond his/her control. The Member shall be obligated to immediately inform Musicolio should there be any indication to assume that a third party uses his/her account. In such cases, the Member shall be obligated to immediately choose a new password.  In spite of the verifications described above, Musicolio is unable to ensure that another member actually exists. Therefore, in cases of doubt, the Member will be responsible for confirming the identity of another member.

5. PROHIBITED CONTENT

The following is a partial list of the kind of Member Content which is illegal or prohibited on Musicolio. It includes, without limitation, Member Content that:

a. Violates third party copyrights, registered designs, patents, utility patents, other industrial property rights, trademarks, tradenames or other rights, personal rights;
b. Is patently offensive to the online community, such as Member Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c. Is or could be harmful to minors;
d. Harasses or advocates harassment of another person;
e. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
f. Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
g. Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; providing pirated music or links to pirated music files;
h. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
i. Displays pornographic material of any kind;
j. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
k. Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;
l. Solicits passwords, personal identifying information for commercial or unlawful purposes from other members;
m. Engages in commercial activities and/or sales without Musicolio's prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.
n. Involves sending unsolicited and/or unauthorized email to third parties.

6. PROHIBITED USES

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses Musicolio in a manner that sends more request messages to the Musicolio servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Musicolio grants the operators of public search engines permission to use spiders to copy materials from Musicolio for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Musicolio reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from Musicolio, nor to use the communication systems provided by Musicolio (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Members of Musicolio.

In particular, but without limitation, the following activities may not be conducted through the Member’s account, even if the Member executes them from outside Musicolio:

* Using Musicolio while bypassing security mechanisms,
* Using Musicolio through use of security holes,
* Attempts to bypass the security mechanisms of Musicolio or to use security holes,
* All types of hacking activities, also in so far as they pertain to other Members’ accounts,
* Use of brute-force searches, i.e. extensive trial-and-error of all possible solutions in order to bypass security mechanism.

Musicolio shall have the right to terminate the Member contract without prior notice, even if there only is reason to assume that such measures may be carried out or prepared through the Member’s account.

7. DIGITAL MILLENNIUM COPYRIGHT ACT

a. If you are a copyright owner or an agent thereof and believe that any Member Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA notices should be sent to: Copyright Agent, Facsimile: 888.812.2276, Email: customerservice@musicolio.com.  You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

b. Counter-Notice: If you believe that your Member Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such Member Content, you may send a counter-notice containing the following information to the Copyright Agent:

i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Musicolio may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or Member, the removed content may be replaced, or access to it restored, in 14 business days or more after receipt of the counter-notice, at Musicolio's sole discretion.

8. CHILDREN ONLINE PROTECTION ACT NOTIFICATION

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.

9. ELIGIBILITY

Use of the Musicolio and membership is void where prohibited.  By using the Musicolio, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Musicolio does not violate any applicable law or regulation.  Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

10. REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of Musicolio, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on Musicolio ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Musicolio, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

11. PROPRIETARY RIGHTS IN MUSICOLIO CONTENT; LIMITED LICENSE

All content posted by the administrators of Musicolio, including, including without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Content"), are the proprietary property of Sicmus, LLC, its members or its licensors with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Musicolio’s prior written permission, except that the foregoing does not apply to your own Member Content that you legally post on Musicolio. Provided that you have been granted membership to Musicolio, you are granted a limited license to access and use Musicolio and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Member Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to this Terms of Use Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of Musicolio or the Content other than as specifically authorized herein, without the prior written permission of Musicolio, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Terms of Use Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

12. MODIFICATIONS AND INTERRUPTION TO SERVICE

Musicolio reserves the right to modify or discontinue any services with or without notice to the Member. Musicolio shall not be liable to Member or any third party should Musicolio exercise its right to modify or discontinue any services. Member acknowledges and accepts that Musicolio does not guarantee continuous, uninterrupted or secure access to Musicolio and operation of Musicolio may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

13. THIRD-PARTY WEBSITES

Musicolio may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is subject to the terms of use and privacy policies of each website, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' websites.

14. COPYRIGHT AND TRADEMARK INFORMATION

Any use of materials on Musicolio, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Musicolio is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Musicolio.

Musicolio is a proprietary mark of Sicmus, LLC. Musicolio's trademarks may not be used in connection with any product or service that is not provided by Musicolio, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Musicolio.

All other trademarks displayed on Musicolio are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of such vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Musicolio.

15. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Musicolio designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Sicmus, LLC
4739 Greenbush Ave., Suite 101
Sherman Oaks, CA 91423
Attn: Legal

16. FEES AND PAYMENT

Musicolio reserves the right to change fees for its services and to institute new charges at any time, upon thirty (30) days prior notice to Member, which may be sent by email or posted on www.musicolio.com. Member shall pay all applicable fees, as described on www.musicolio.com in connection with such services selected by Member.

Musicolio enables the Member to also conclude contracts with other Members. Musicolio shall not be liable for any contents of the contracts concluded between the Members which may deviate from the above regulations.

17. TERMINATION

Musicolio shall at all times have the right to cease to provide any of the applications offered. Musicolio shall have the right to exclude the Member from using the services, without being obligated to provide reasons for this decision. The Member shall at all times have the right to terminate the concluded Member contract without providing reasons for this decision. After the Member has notified Musicolio of its de-registeration, Musicolio will delete the data, articles and content which were stored by the Member. It will then no longer be possible to contact other Members through Musicolio. It will in particular no longer be possible to reach the Member via Musicolio. Alternatively, Musicolio shall have the right to maintain such Member’s account, either completely or in part, in an anonymised form, so that a connection to the Member can no longer be established. The above regulations shall not affect either party’s right to terminate the contract extraordinarily without prior notice due to an important reason.

18. CLASSIFIEDS

Musicolio may allow Members to sell and/or purchase music-related products and services (e.g., guitars, guitar lessons, etc.). All classifieds are posted and offered solely by the user, not by Musicolio. The parties to a Musicolio transaction are solely responsible for all interactions with each other, for arranging for payment, customer service and the exchange and fulfillment of the goods or services purchased, for the results of the transaction and for all applicable taxes and for resolving any disputes that arise in connection therewith. Musicolio is not responsible for any failure to pay any amounts due or to deliver any merchandise or services as promised or for any other aspect of the transaction.

All classifieds must be accurate and not misleading or fraudulent in any manner. You may not list any item for sale, lease or rent that is not in your possession or that you do not have the right to sell lease or rent at the time the item is listed. You may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs. You may not post in your classifieds any content that is infringing, obscene, offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful, fraudulent, or invasive or privacy or publicity rights or otherwise violates this Terms of Use Agreement. You may not promote, encourage or solicit illegal activity of any kind. All classifieds and all transactions entered into through Musicolio must comply with all applicable laws, rules, regulations and restrictions, and you may not offer, list, sell, lease, solicit, request or provide anything through Musicolio in a jurisdiction where such action would violate any law, rule, regulation or restriction. The parties to a transaction are solely responsible for researching and determining the scope of the applicable law to determine whether a listing or transaction complies with applicable law.

19. NO WARRANTIES/LIMITATION OF LIABILITY

Musicolio is provided on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Musicolio, its officers, directors, employees, and agents disclaim all representations or warranties of any kind, express or implied, regarding the use or the results of Musicolio in terms of its correctness, accuracy, reliability, or otherwise. Musicolio makes no warranties or representations about the accuracy or completeness of Musicolio’s content or the content of any websites linked to Musicolio and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Musicolio, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Musicolio, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Musicolio by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Musicolio. Musicolio does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Musicolio or any hyperlinked website or featured in any banner or other advertising, and Musicolio will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Musicolio SHALL NOT be liable for any damages whatsoever, and in particular, Musicolio shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to Musicolio or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Musicolio has been advised of the possibility of such damages.

20. OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Musicolio, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

21. GOVERNING LAW; VENUE AND JURISDICTION

By visiting or using Musicolio, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON MUSICOLIO IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, MUSICOLIO AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF MUSICOLIO AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the Member conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through Musicolio may be arbitrated.

Arbitration under this Terms of Use Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to Musicolio (including your visit to or use of Musicolio) be instituted more than three (3) years after the cause of action arose.

22. INDEMNITY

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member Content, any third party applications, software or content you post or share on or through Musicolio, your conduct in connection with Musicolio or with other Members of Musicolio, or any violation of this Terms of Use Agreement or of any law or the rights of any third party.
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