THE WEBSITE MUSICMONDAYVIDEOS.COM (THE “SITE”) AND RELATED PLATFORMS, PRODUCTS, AND SERVICES AVAILABLE ON OR FROM THE SITE (THE “SERVICES”) ARE OWNED AND OPERATED BY MUSIC MONDAY VIDEOS, LLC. D/B/A MUSIC MONDAY VIDEOS, LLC (TOGETHER WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “OUR”, “WE,” OR “US”).
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AGREEMENTS. IF YOU USE THE SITE AND THE SERVICES ACTING AS THE REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH INDIVIDUAL OR ENTITY WITH THESE TERMS AND CONDITIONS.
WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE OR THE SITE, OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE. WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY, TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES.
1. USE OF SITE AND SERVICES:
(a) Age Restriction. The Site and Services are intended for use by persons 18 years of age or older. The Site and Services are not intended for children under the age of 13. Children under the age 18 but at least 13 years of age may use the Site and Services only with the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
(b) Site Content Ownership. All materials and content on the Site and Services, including User Content (defined in Section 3(a) below), (collectively, the “Site Content”) are the proprietary property of us or our licensors (including other users of the Site), including respective copyrights, logos, slogans, trademarks, and service marks. As between you and us, you shall retain all rights in your User Content subject to the licenses granted in these Terms and Conditions.
(c) Site and Services Use License. Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content. Except with respect to your use of certain Services in accordance with their specific terms and conditions that provide for or facilitate commercial activities, you understand that the Site and Site Content is for your personal and non-commercial use only. Except as expressly permitted by these Terms and Conditions, the functionality of the Site, or your own use of your User Content (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.
(d) Site Downloads and Purchases.
(i) Certain functionality of the Site may expressly permit you to download or copy Site Content, such as music or other materials files from the Site (“Site Downloads”). Certain Site Downloads are available for free, and certain Site Downloads are only available by purchase (“Priced Downloads”). Applicable prices and payments for Priced Downloads are subject to our Service Fees Payments and Refund Policy in Section 7 below. The total price for a Priced Download will include any applicable sales tax based on your billing address and the sales tax rate in effect at the time you purchase a Priced Download. All sales are final. Prices for Priced Downloads may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. If a Priced Download becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Priced Download, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. Priced Downloads may be downloaded only once and cannot be replaced if lost for any reason without a new purchase.
(ii) You agree that:
A. Site Downloads are licensed to you only for personal, noncommercial use;
B. the delivery of Site Downloads to you does not transfer to you any commercial or promotional use rights in the Site Downloads;
C. you may not transfer or license your rights in any Site Download to any other person;
D. you may not alter, modify, incorporate with other media, or otherwise create a derivative work of any Site Downloads; and
E. you may not use a Site Download as a phone ringtone or ring-back tone (collectively, the “Site Downloads Usage Rules”). You may copy and store Site Downloads in connection with an unlimited number of devices as reasonably necessary but only in accordance with the foregoing Site Downloads Usage Rules. Any use of a Site Download other than in accordance with the Site Downloads Usage Rules may constitute copyright infringement.
(e) Abuse and Infringement. You agree that you will not use the Site or Services in any manner that is abusive, fraudulent, or unlawful, that infringes the copyright, trademark, or other intellectual property rights of any person or entity, that is inconsistent with these Terms and Conditions, or that could damage, disable, overburden or impair the Site or Services, in each case as determined in our sole discretion. Without limitation, you agree, represent, and warrant that:
(i) You will use the Site and Services in compliance with all applicable laws and the Abuse Policy;
(ii) You will not use the Site or Services to infringe the copyright, trademark, or other intellectual property rights of any person or entity;
(iii) You will not harvest or collect email addresses or other contact information of other Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(iv) You will not use automated scripts to collect information from, access, or otherwise interact with the Site;
(v) You will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
(vi) You will not create a false identity, or impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
(vii) You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(viii) You will not use “spam,” “blast-faxes,” or recorded telephone messages to market or promote any materials relating to you on the Site or in connection with the Services;
(ix) You will not use or purchase third party services which are marketed or used to artificially increase your Band Equity Score, or Chart Position/Ranking through the increase of “Likes”, “Fans”, “Follower”, or “Song Plays”, or “Video Plays”. Use of these services, or similar services, will result in the immediate termination of your account.
(x) You will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) You will not use the Site or Services to solicit, advertise, provide, sell, or offer, any third party sites or services, or similar or competing products or services;
(xii) You will not solicit Site users to register or sign up with another website, platform, or other service or entity;
(xiii) You will not use or attempt to use another user’s account without authorization from us or create a false identity using the Site or Services;
(xiv) You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or Services or any software, documentation, or data related to the Site or Services;
(xv) You will not remove any proprietary notices or labels from the Site or Services or modify, translate, or create derivative works based on the Site or Services; and
(xvi) You will not, and will not authorize or encourage any third party to, directly or indirectly, use any deceptive, fraudulent, or other invalid mean or method, including any automated means, bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or the like, or repeated manual clicks, to access your sound recordings on the Site or submitted via Digital Distribution to digital internet consumer stores to generate plays, public performances, streams, or other uses of, or interactions with, your sound recordings for the purpose of generating invalid or fraudulent sale proceeds or otherwise.
(f) Terms For Certain Services. These General Terms and Conditions apply to all Services as applicable. Your access and use of certain Services may be subject to additional terms and conditions which are incorporated herein by reference, including as follows: