Updated: Friday January 5 2018
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Musicwhim. Musicwhim does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material as/within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights-holder. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Musicwhim shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
When you create an account you also agree to maintain the security of your password and accept all risks of unauthorized access to your account. If you discover or suspect any Service security breaches, please let us know as soon as possible by writing to us at: email@example.com
If you're creating an account by entering a referral code you obtained from a studio or elsewhere, your profile on Musicwhim will have a section indicating that the user was referred to Musicwhim by the said studio for the entire time the profile exists and the same applies to a band profile.
Musicwhim reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Musicwhim will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
Musicwhim may suspend and/or terminate your rights with respect to the website for any reason or for no reason at all and with or without notice at Musicwhim's sole discretion. Suspension and/or termination may include restricting access to and use of the website. If your rights with respect to the website are suspended and/or terminated, you agree to make no further use of the website during suspension or after termination. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension. If Musicwhim believes a music track(s) you have uploaded violates these (any or all) Terms, Musicwhim may make that music invisible to other users without notifying you; Your music may be visible to you, but will not appear for any other Musicwhim user. Or in some cases, permanently delete such music track(s) from the server thus removing any and all links to the music track(s) on the platform.
THE WEBSITE, AND ALL CONTENT ACCESSED THROUGH THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE". WHILST MUSICWHIM USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO MUSICWHIM'S ATTENTION, MUSICWHIM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, ANY CONTENT, OR ANY LINKED SERVICES. MUSICWHIM DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSICWHIM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. MUSICWHIM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS , SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT. IN NO EVENT WILL MUSICWHIM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us and contact us on firstname.lastname@example.org Kindly, include the following in your mail:
You hereby agree to indemnify, defend and hold harmless Musicwhim, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
Musicwhim does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and Musicwhim does not bear any responsibility or liability for the actions of any Musicwhim users or any third parties who organize, attend or are otherwise involved in any Meetups.
Musicwhim reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Musicwhim shall use its reasonable endeavors to notify registered users of such decision in advance. You hereby agree that Musicwhim and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Musicwhim may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. Musicwhim may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason.
Musicwhim may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Musicwhim. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Musicwhim.
You: “You” shall refer to the user who has voluntarily or otherwise agreed to use the platform by means of signing up to the website via the registration form on the site or through Facebook or any other means.