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AGREEMENT
1.1 Free 4 All Events owns and operates the
music4media.net website. Any person who wishes to use the Service provided
by Free 4 All Events must agree to the terms and conditions set forth
in this Terms of Use Policy (the "Agreement"), which is a
binding Agreement between you and Free 4 All Events
1.2 REGISTERING FOR OR USING THE SERVICE, OR
DOWNLOADING/STREAMING MUSIC AND/OR INSTALLING THE SOFTWARE, INDICATES
YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT,
DO NOT DOWNLOAD AND/OR PLAY/USE MUSIC.
2.0 MEMBER CONDUCT
2.1 You agree to abide by all applicable local,
state, national and international laws and regulations regarding your
use of our service.
3.0 ELIGIBILITY TO BECOME MEMBER
3.1 Our services are only offered to individuals
who are over thirteen (13) years of age. If you do not qualify, please
do not use our services. This site is intended for PROFESSIONAL MUSIC
BUYERS.
4.0 RESPONSIBILITY OF PARENTS
4.1 The Services of Free 4 All Events is planned
to appeal to a wide viewers. It is your liability, as a parent, to decide
whether any segment of the Service is unsuitable for your child.
5.0 LICENCE TERMS AND CONDUCT OF
VISITOR
5.1 A visitor of this website is allowed to
browse, search and listen to the music listed on music4media.net subject
to fulfilling and adhering to the followings terms and conditions:
5.1.1 Visitor shall use this website for lawful
purposes only.
5.1.2 No Visitor may modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in
any way exploit, any of the audio content, in whole or in part.
5.1.3 Free 4 All Events grants you an individual,
non-exclusive, non-transferable and royalty-free right to download/stream,
listen, install and use the Music as permitted under this Agreement.
One has to pay the licensing fee prior to downloading/receiving the
particular music file to acquire a valid license for commercial use.
5.1.4 Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted
without the express written permission of Free 4 All Events
5.1.5 Visitor acknowledges that he/she does
not acquire any ownership rights by downloading copyrighted material.
5.1.6 User is not authorized to make any direct
representation or offer to any of the artist, who’s work is listed
on this website or attempts to infringe the third party rights or to
advertise or any solicitation with respect to products or services,
unless Music 4 Media has expressly approved such actions in advance.
5.2 Any conduct by a Visitor that in Music
4 media's discretion restricts or inhibits any other Visitor from using
or enjoying music4media.net is expressly prohibited.
5.3 This Agreement shall continue in force
until terminated by Free 4 All Events or instantaneously on any failure
by you to comply with the limitations set forth in this Agreement.
6.0 RESTRICTIONS
6.1 The Music, Software, Service and Site are
the property of Free 4 All Events and are protected by U.S. and international
copyright and intellectual property laws and treaty provisions. All
rights to patents, copyrights, trademarks and trade secrets in the Music,
Software, Service and Site or any modifications to these shall be and
remain in Free 4 All Events and/or its licensors. You may not modify,
alter, translate, reverse engineer, disassemble or create derivative
works based on the Music, Software, Service or information on the Site,
remove any proprietary notices or labels that they contain or export,
sell, license, rent, lease or transfer rights to the Music, Software,
Service or information on the Site. All contact information regarding
any client we represent or allow to use our service is considered confidential
and may not be used or reproduced without Music 4 Media, Inc. consent
and the consent of all clients or users we represent. No contact will
be made to any client introduced through our site from any user of our
site without Music 4 Media, Inc. written consent. All inquiries to made
to any client we represent by user of site/services will be made directly
to Music 4 Media, Inc.
7.0 PROPRIETARY RIGHTS
7.1 The Music, Service, and all content included
therein, such as text, graphics, logos, button icons, images, audio
clips, and software, is the property of Free 4 All Events or its content
suppliers and is protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly)
of all content on the Service is the exclusive property of Free 4 All
Events and protected by U.S. and foreign laws and international copyright
treaties. The Music and Software is the property of Free 4 All Events
and protected by U.S. and international copyright laws. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the content on the Service
is strictly prohibited.
8.0 CHANGED TERMS
8.1 Free 4 All Events shall have the right
to modify or append to the terms of this Agreement at any time and to
change, discontinue or impose conditions on any aspect of the Service.
Such changes shall be effective upon posting of the revisions on the
web site.
9.0 LINKS
9.1 The Service and the Site may contain links
to other web sites operated by third parties. Such linked web sites
are not under the control of Free 4 All Events and Free 4 All Events
is not accountable for the contents of any such linked web site or any
link contained in a linked web site, or any changes or updates to such
sites.
10.0 ADVERTISEMENTS
10.1 Free 4 All Events may illustrate you advertisements
from third parties in various forms. Free 4 All Events does not make
any representation or warranty with respect to the content of said advertisements
nor any goods or services, which may be obtained from such third parties,
and users, agree that Free 4 All Events shall not have any liability
with respect thereto.
11.0 DISCLAIMER OF WARRANTIES /
LIMITATION OF LIABILITY
11.1 THIS WESITE MAY CONTAIN SOFTWARE BUGS
THAT COULD CAUSE UNANTICIPATED CONSEQUENCES THROUGH ITS USE. YOUR USE
OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE
PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY
KIND WHATSOEVER.
11.2 FREE 4 ALL EVENTS DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTIES AS TO THE NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR FITNESS FOR ANY PURPOSE
OF THE MUSIC, SOFTWARE AND THE SERVICE OR THAT THE OPERATION OF THE
MUSIC, SOFTWARE AND THE PROVISION OF THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE. THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE AGREEMENT
PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
THE WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS
OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER
OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE AND NOT BY FREE 4 ALL
EVENTS
11.3 FREE 4 ALL EVENTS SHALL IN NO EVENT BE
LIABLE TO YOU OR ANYONE ELSE FOR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE
OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE MUSIC, SOFTWARE
AND/OR THE SERVICE. MUSIC 4 MEDIA SHALL IN NO EVENT BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR TRADING LOSSES
ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE
AND/OR THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE
ON THE SOFTWARE AND/OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE MUSIC, SOFTWARE AND THE PROVISION OF THE SERVICE IS WITH YOU AND
SHOULD IT BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF SERVICING, REPAIR
OR CORRECTION OF SUCH DEFECTS.
11.4 NEITHER FREE 4 ALL EVENTS, ITS EMPLOYEES,
AGENTS AND SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THE WEB SITE AND/OR CONTENT OR INFORMATION
CONTAINED WITHIN THE WEB SITE. MUSIC 4 MEDIA IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES, OR THE
RISK OF INJURY FROM THE FOREGOING. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE WEB SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE
SITE IS TO STOP USING THE SITE.
11.5 THE TERMS OF THIS SECTION SHALL SURVIVE
THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
12.0 DISCLAIMER
12.1 A possibility exists that the Music, Software
and the web site could include inaccuracies or errors. Additionally,
a possibility exists that third parties could make unauthorized additions,
deletions and alterations to the Music, Software and the web site. Although
Free 4 All Events attempts to ensure the integrity of the Music, Software
and the Site, it makes no guarantees whatsoever as to its completeness,
correctness or accuracy. In the event that such an inaccuracy arises,
please inform Free 4 All Events (by sending e-mail to contact@free4allevents.com)
so that Free 4 All Events may try to correct it at the earliest.
12.2 Free 4 All Events neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice
or statement made on the Music, Software and the web site by anyone
other than authorized company employee spokespersons while acting in
their official capacities. Under no circumstances will Free 4 All Events
be liable for any loss or damage caused by your reliance on information
obtained through the Music, Software and the web site. It is your responsibility
to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through this web site.
13.0 CODE OF CONDUCT
13.1 You agree to be solely responsible for
all acts or omissions that occur at your transmissions through the Service.
By way of example, and not as a limitation, you agree not to:
13.1.01 Restrict or inhibit any other member
from using and enjoying the Music, Software.
13.1.02 Post or transmit any unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise objectionable
or harmful information of any kind.
13.1.03 Without Free 4 All Event’s prior
written approval, post or transmit any advertising, promotion or solicitation
of goods or services for commercial purposes.
13.1.04 Post or transmit materials in violation
of another party's copyright or intellectual property rights.
13.1.05 Use the Music and Software for any
commercial or unlawful purposes.
13.1.06 Modify, adapt, sub-Agreement, translate,
sell, reverse engineer, de-compile or disassemble any portion of the
Music, Software and the web site.
13.1.07 Transmit chain letters, junk or bulk
e-mail or Spam (commercial or otherwise).
13.1.08 Harvest or collect information about
others without their consent.
13.1.09 Interfere with or disrupt networks
connected to the Service or violate the regulations, policies or procedures
of such networks.
13.1.10 Attempt to gain unauthorized access
to the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means.
13.1.11 Violate any applicable laws or regulations
including, without limitation, laws regarding the transmission of technical
data, music or software exported from the United States through the
Service.
13.1.12 Interfere with other's use and enjoyment
of the Service or use and enjoyment of similar services.
13.1.13 Use any device, software or routine
to interfere or attempt to interfere with the proper working of the
web site.
13.2 While using the Music, Software and the
web site, you agree to comply with all applicable laws, rules and regulations
in connection with the Music, Software and the web site.
13.3 Free 4 All Events has no obligations to
monitor the content and the web site. However, you acknowledge and agree
that Free 4 All Events has the right to monitor the Music, Software
and the web site and to disclose any information to any third party
in order to operate the Service and the web site properly, to protect
itself and its sponsors and customers, and to comply with legal obligations
or governmental requests. Free 4 All Events reserves the right to refuse
to post or to remove any information or materials, in whole or in part,
that are unacceptable, offensive or in violation of this Agreement.
Such prohibition may occur without notice to the member.
14.0 INDEMNIFICATION
14.1 You agree to defend, indemnify and hold
harmless Free 4 All Events against any and all claims, losses, liability
costs and expenses (including but not limited to reasonable attorneys'
fees) arising from your violation of these Terms of Use or any third-party's
rights, (including, without limitation, infringement of any copyright
trademark, service mark, trade secrets, right of privacy or publicity
or any other third party right). The terms of this section shall survive
the termination of your relationship with Free 4 All Events.
15.0 ARBITRATION
15.1 Any legal controversy or legal claim arising
out of or relating to this Agreement or our services shall be settled
by binding arbitration. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall
be conducted in State of California, United States of America, as the
parties to this agreement agree to be governed by the laws of United
States of America. Either party may seek any interim or preliminary
relief from a court of competent jurisdiction in State of California,
USA necessary to protect the rights or property of party pending the
completion of arbitration. The prevailing party from arbitration shall
be entitled to reasonable attorney's fees, which shall be set forth
by the arbitrator(s). Judgment upon the award rendered may be entered
in any court in State of California, USA with jurisdiction. The decision
of the arbitrator shall be final and binding on the parties. The parties
shall bear equally all fees, costs and expenses of the arbitration,
and each party shall bear its own legal expenses, attorney’s fees,
and costs of all experts and witnesses, provided, however, the arbitration
panel may apportion between the parties, as said arbitrator may deem
equitable, the cost incurred by either party.
16.0 TERMINATION
16.1 Free 4 All Events reserves the right to
immediately terminate any individual's use of the Music, Software and
the web site and/or such member's member identification and password
in its sole discretion with or without cause. If you wish to terminate
your account, your only recourse is to discontinue use of the account
(though you can delete information from your account at any time). In
addition, Free 4 All Events may terminate your account for inactivity,
which is defined as failing to log into the account and the web site
for an extended period of time, as determined by Free 4 All Events Upon
termination of your account, your right to use the Music, Software and
the web site immediately ceases, and Free 4 All Events shall have no
obligation to maintain any content in your account.
17.0 USE OF SECURE AREA AND PASSWORD
17.1 You agree to provide accurate, complete
and current information when you register at the web site. Use of any
password-protected area of the web site is restricted to the individual
who has been given permission, a member identification and password
to enter such area (the "Authorized Party"). If more than
one individual wishes to use a single member identification and password
belonging to an Authorized party, such Authorized Party must request
permission from Free 4 All Events in writing, it being understood that
Free 4 All Events shall be under no obligation to approve any such request.
You are entirely responsible for maintaining the confidentiality of
your password and member identification. Furthermore, you are entirely
responsible for any and all activities that occur under your account.
You agree to immediately notify Free 4 All Events of any unauthorized
use of your account.
18.0 MISCELLANEOUS
18.1 This Agreement constitutes the complete
and exclusive agreement between you and Free 4 All Events with respect
to the Service and the web site and supersedes any other communication,
including advertising. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, United States
of America. Each party to this Agreement hereby submits to the exclusive
jurisdiction of the courts of State of California, United States of
America, and waives any jurisdictional venue or inconvenient forum objections
to such courts. In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable.
18.2 If any provisions of this Agreement shall
be held to be invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a court finds
that any provision of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and enforced
as so limited.
18.3 The terms of this Agreement apply to those
obligations that survive any cancellation, termination, or rescission,
namely - confidentiality/non-disclosure, warranty, indemnification,
liability and limits thereon, rights and obligations upon and following
termination and assignment.
18.4 Free 4 All Event’s failure to enforce
the strict performance of any provision of this Agreement will not constitute
a waiver of Free 4 All Event’s right to subsequently enforce such
provision or any other provisions of this Agreement. No waiver of any
provision of this Agreement shall be effective unless in writing.
18.5 Any headings are for reference purposes
only and in no way define, limit, construe or describe the scope or
extent of such action.
18.6 In the event of a merger or consolidation
of Free 4 All Events, the surviving or new corporation and any subsidiaries
are similarly subject to the rights and obligations of this Agreement.
18.7 Free 4 All Events shall have the right
at any time to a) change the terms of this Agreement, b) change the
Service and the web site, including eliminating or discontinuing any
content or feature of the Service and the web site, restricting the
hours of availability, or limiting the amount of use permitted, or c)
change any fees or charges for use of the Service and the web site,
including instituting new or increased fees or charges for the use of
the Service and the web site or any feature thereof. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on
the web site, or by electronic mail, or by conventional mail. Your use
of the Service and the web site after such notice shall be deemed to
constitute your acceptance of such changes, modifications, additions
or deletions. You are responsible for reviewing this Agreement periodically
to ensure familiarity with the most current version.
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