Welcome to MARKETPLACEFORMUSICIANS.COM
The following describes the terms on which MUSICIANS MARKETPLACE, INC referred to herein as “MARKETPLACEFORMUSICIANS.COM,” “we,” or “us”) offers you access to our services. Your permission to use the MARKETPLACEFORMUSICIANS.COM service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Service, and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):
1. Description of Service.
Musicians Marketplace Inc. is a web-based service available from the domain WWW. MARKETPLACEFORMUSICIANS.COM. This service provides the opportunity for buyers, sellers, publishers and businesses in the music industry with an online marketplace to buy and sell materials directly from and to each other, which may consist of original digital or physical materials created by the seller or business who may be offering published materials. The service provided by MUSICIANS MARKETPLACE, INC is referenced herein as the “Service.”
MUSICIANS MARKETPLACE, INC. at no time owns or sells any product for or on behalf of any seller or business on MARKETPLACEFORMUSICIANS.COM. Members who sell products via the Service are referenced herein and in the Service as “Individual-Sellers.” Businesses who sell materials via the Service are referenced herein and in the Service as “Business-Sellers.” Individual-Sellers, and Business-Sellers are referenced together, herein and in the Service, as “Sellers.” Individuals and businesses, who purchase products via the Service are referenced herein and in the Service as “Buyers.”
This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of an Individual-Seller or Business-Seller, Buyer, or visitor, including the finding, buying, posting, selling, and sharing of materials, and participating in online forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the “Service.” Portions of the MARKETPLACEFORMUSICIANS.COM Service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Individual-Sellers, Business-Sellers and/or Buyers (collectively, “Members”). By registering with MARKETPLACEFORMUSICIANS.COM or by using the Service in any manner – including, but not limited to, by visiting the www.MARKETPLACEFORMUSICIANS.COM website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and members.
2. The Service Is for Adults Only.
The Service is intended for adults only. You must be 18 years or older to use this site; users under 18 are not authorized to use the Service.
3. Fees, Services, Pricing, and Payments.
Membership Fees, Service Fees & Transaction Fees. All Sellers who wish to sell their products through the Service must join MARKETPLACEFORMUSICIANS.COM. Two types of memberships are available for Sellers: (i) Silver Membership, and (ii) Gold Membership. Silver Members who are Individual Sellers pay no annual membership fee. Gold Members who are Individual Sellers, must pay an annual membership fee of $59.95.
Silver, Gold and Business Members who are Sellers all will be charged service fees on sales made through the Service. Sellers will be charged service fees on sales made through the Service, as set forth in greater detail in Section 3C below.
Both the service fee and transaction fees are set forth in greater detail in Section 3C below. Sellers can upgrade membership from the Silver level to the Gold level at any time. New Sellers are entitled to a 30-Day Money Back Guarantee which may be exercised by canceling membership through the "Contact Us" link.
Buyers who wish to purchase materials through the Service also must join MARKETPLACEFORMUSICIANS.COM. Buyers pay no membership fee to join MARKETPLACEFORMUSICIANS.COM and there is no service fee for Buyers who purchase materials from Sellers through the Service.
Shipping, Handling and Processing Charges. All Sellers may charge for shipping, handling, and processing of the physical materials that are sold via the Service in one of two ways: (1) by including the shipping, handling, and processing method and charges in the sale price of the item; or (2) by charging a flat rate for shipping, handling, and processing of all items sold, which will be reimbursed in full to you in your Monthly Payout (the amount to be paid to you each month pursuant to this Agreement).
B. Pricing of Products.
All Sellers are solely responsible for setting the prices for the sale of their materials distributed through the Service, including for both electronic and physical materials, if such pricing (for items that are not offered free of charge) is not below the minimum price set by MARKETPLACEFORMUSICIANS.COM. The minimum price is subject to change; the then-current minimum price will be disclosed each time a Seller uploads a product for sale. Sellers are obligated to sell their products at the prices listed on the Service.
C. Agreement of Individual-Seller, and Business-Seller to Pay Fees and to Upload or Ship product and services.
In consideration for the services provided by MARKETPLACEFORMUSICIANS.COM, the Seller agrees to pay MARKETPLACEFORMUSICIANS.COM a service fee (“Service Fee”) for all products and materials you sell to Buyers through the Service, in accordance with the following: (i) Silver Account Members will pay a Service Fee equal to 40% of the sale price of each item of digital item sold plus 30 cents per item; (ii) Silver Members will pay a Service Fee equal to 40% of the sale price (excluding shipping) of each item of new physical materials sold plus 30 cents per item; (iii) Silver Members will pay a Service Fee equal to 15% of the sale price (excluding shipping).
(iv) Gold Account Members will pay a Service Fee equal to 15% of the sale price of each item of digital product or materials; (v) Gold Members will pay a Service Fee equal to equal to 15% of the sale price (excluding shipping) of each item of new physical product or materials; In consideration for the services provided by MARKETPLACEFORMUSICIANS.COM, Gold Members also agree to pay a transaction fee ("Transaction Fee") of 15 cents per item (digital, physical or used).
For each transaction, MARKETPLACEFORMUSICIANS.COM will automatically deduct the Service Fee and in certain cases, the Transaction Fee, from the sale price collected from Buyers through the Service, and then will distribute the remaining amounts to the Individual-Seller or Business Seller on a monthly basis as follows: (a) MARKETPLACEFORMUSICIANS.COM will collect payment from Buyers at the time the product is purchased through the Service, (b) MARKETPLACEFORMUSICIANS.COM will notify you (the Seller) by email of the sale once payment has been verified and collected from the Musician-Buyer, (c) in the case of physical product or material, MARKETPLACEFORMUSICIANS.COM will provide the Seller with the Buyer’s shipping address and any other information required for the Seller to fulfill the order, and (d) provided you are in compliance with these Terms, on a monthly basis, MARKETPLACEFORMUSICIANS.COM will distribute the monies due to you Seller for the sale of your product, in accordance with this Section 3C.
If you are in breach of these Terms, for example due to violation of the conduct provisions in Section 6 hereto, MARKETPLACEFORMUSICIANS.COM reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either; keep those funds permanently, or refund them to the Buyer who purchased product from you. All monies due to Sellers pursuant to this Section 3C will be paid to such Sellers _as close to _21 days following the last day of the month in which an item of your Musician Content is sold (e.g., within 21 days after January 31 for January sales).
MARKETPLACEFORMUSICIANS.COM reserves the right to delay payment. Monthly payments will be made through PayPal for all Musician-Artists. MARKETPLACEFORMUSICIANS.COM reserves the right to add, remove or otherwise alter the payment processors used by the Service. If you as a Seller cannot acquire an account with an approved payment processor, we may consider an alternative form of payment on a case-by-case basis. We make no representation regarding the services provided by our payment processors, and are not responsible for delays in payment caused by them. MARKETPLACEFORMUSICIANS.COM will charge a fee for making each Monthly Payout that is equal to but not more than the cost to MARKETPLACEFORMUSICIANS.COM from its respective payment processors for making the payout. This fee is subject to change at the discretion of the payment processors, and will be taken directly out of your Monthly Payout. You agree that upon notification of a sale of product, you will promptly ship the relevant physical product sold by you through the Service, in accordance with any representations made by you on the Service and/or about such product, including, for example, with respect to the pricing and shipping of such product, and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards. Sellers are not authorized by the Service to ship to any address other than that which is provided to it by MARKETPLACEFORMUSICIANS.COM.
D. Additional Agreements and Obligations of Sellers.
By listing an item for sale, or uploading it to the Service, you, the Seller, represent and warrant to prospective Buyers that you have the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the product, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.
If you are a Seller of digital product(s), you agree to make at least one sample of such a digital product available to Buyers at no charge at all times when you are offering digital products for sale via the Service. When selling digital products, you agree that the entire product being sold must be contained within the download offered, and that no part of such digital product will be delivered separately or require an additional purchase, for example via a third-party website or other channel.
For any item of a Digital product you upload, you agree to provide your authorization, in the form of the statement below, to Buyers to print and make copies of free and purchased resources.
"The holder of this receipt is authorized by the owner or creator of the materials listed below, to print and/or make copies of these materials for personal use and/or musical instruction."
Additionally, unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Buyers or any other users of the Service, which is obtained through the Service or disclosed to Sellers by MARKETPLACEFORMUSICIANS.COM in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).
If you, the Seller, submit paid content or product for inclusion in MARKETPLACEFORMUSICIANS.COM’ 10 Free Downloads newsletter, and such Content or product is selected for inclusion, you agree to pay MARKETPLACEFORMUSICIANS $50, which will be deducted from your Monthly Payout. If your Monthly Payout is below $1, you agree that MARKETPLACEFORMUSICIANS.COM may charge this fee to your credit card or PayPal account.
E. Member Sponsored Advertisements of Sellers.
Sellers may elect to purchase promotional space on the Service. The pricing and availability of such promotional space is made available via a module accessible through your Seller Dashboard. All purchases of promotional space are non-refundable. The cost of purchase will be deducted from your Monthly Payout. If your Monthly Payout is below $1, you agree that MARKETPLACEFORMUSICIANS.COM may charge your credit card or PayPal account for any promotional space purchased.
F. Agreement of Buyers to Pay for Purchases.
When you, the Buyer, purchase original digital products you will have the ability to download the materials from your My Purchases page for as long as the materials are available through the Service. We may, in our sole discretion, make original digital product you purchase available indefinitely, but your access to such materials through your My Purchases page may be disabled if the material is removed from the Service, for example, by the original seller as a result of the original seller’s account being closed or the materials being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification. For this reason, we encourage you to download any original digital products you may purchase, and to backup those materials accordingly. MARKETPLACEFORMUSICIANS.COM cannot restore access to, or provide copies of, purchased materials that have been removed from our Service.
You agree not to share your purchases with your colleagues unless you have purchased additional licenses. You agree not to post your purchased or freely downloaded files on the Internet.
You agree to pay in full for all products purchased through the Service, and agree that MARKETPLACEFORMUSICIANS.COM may charge your credit card, PayPal or other account for any product purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or about your Member Account.
If you chose to pay via Company Purchase Order, you agree that MARKETPLACEFORMUSICIANS.COM may charge your credit card or PayPal account for any product purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account if the invoice submitted in connection with any Company Purchase Order has not been paid within 30 days of the date on which MARKETPLACEFORMUSICIANS.COM invoiced your business.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING MARKETPLACEFORMUSICIANS WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.
You agree that delivery of the product to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the content of the product. You agree that your use of the Service (including your purchase of products) constitutes your acceptance of and agreement to use the Service and such Content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.
G. Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
I. Refund Policy
All physical and digital product sales are final, and no refunds are available.
MARKETPLACEFORMUSICIANS.COM may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; (b) a product description is materially deceptive or misleading; or (c) a physical item has not been shipped within two weeks of an order being placed. If such an exception is made, MARKETPLACEFORMUSICIANS.COM may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.
As a buyer, it is your responsibility to determine that you have the appropriate hardware/software to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and non-infringing. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.
If MARKETPLACEFORMUSICIANS.COM elects to issue a refund to a buyer, the amount refunded will be deducted from the seller’s next Monthly Payout, provided however that if the seller’s next Monthly Payout is less than the refund amount(s), MARKETPLACEFORMUSICIANS.COM may charge such refund amount(s) to the seller’s credit card, PayPal account, or other payment processor account.
J. Transfer of Title
MARKETPLACEFORMUSICIANS.COM does not transfer legal title or ownership of items from the Sellers to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code of the State of Florida, which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, Buyer and Seller agree otherwise, legal ownership to any item of Content passes to the Buyer upon the physical delivery of such item of Content from the Seller to the Buyer.
4. License Grants.
A. License Grants by Sellers to MARKETPLACEFORMUSICIANS.
When you, the Seller, submit or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant MARKETPLACEFORMUSICIANS.COM a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sub-licensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Musician Content available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR CREATIVE CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH MUSICIAN CONTENT, HOWEVER MARKETPLACEFORMUSICIANS.COM’ LICENSE TO MAKE CONTENT YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.
B. Seller Representations and Warranties; Licenses to Other Users.
When you, the Seller, submits or uploads content (including without limitation Content) on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. You, the Seller, retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such you control the copyright licenses granted to a Buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your products to such Buyers. MARKETPLACEFORMUSICIANS.COM may, in its sole discretion, provide a means for Sellers to offer multiple licenses. Nothing in the Service or in these Terms limits the existing rights of Buyers under the Copyright Act, including but not limited to rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) of the Copyright Act (17 U.S.C. 101 et seq.). You, Seller, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Content.
5. Registration Obligations.
6. Member and Visitor Conduct.
As a condition of using the Service, Members and visitors agree to all of the following:
- You must be a registered Member to buy or sell products through the Service.
- You are required to select a member identification (“Username”) and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone.
- You are responsible for all activity that occurs under your Username.
- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username.
- You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.
Further, while using the Service, Members and visitors agree not to:
- upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
- transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
- use the Service for any illegal or unauthorized purpose;
- impersonate any person or entity, including without limitation, a MARKETPLACEFORMUSICIANS employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials);
- manipulate the price of any item or interfere with other Members’ listings;
- include hyperlinks, in products for sale on MARKETPLACEFORMUSICIANS.COM, to the website of any other platform or service offering or facilitating the sale of teaching materials or other educational products.
- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service;
- employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers to disguise the origin of content transmitted through the Service;
- attempt to gain unauthorized access to MARKETPLACEFORMUSICIANS.COM’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
- attempt to regain access to MARKETPLACEFORMUSICIANS.COM following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;
- “stalk” or otherwise harass anyone on or through the Service;
- collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.
7. Inappropriate User-Submitted Content.
MARKETPLACEFORMUSICIANS.COM prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) MARKETPLACEFORMUSICIANS.COM is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, MARKETPLACEFORMUSICIANS.COM has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in MARKETPLACEFORMUSICIANS.COM' sole discretion.
8. Links to Other Sites and Resources.
The Service contains links to other websites or resources. MARKETPLACEFORMUSICIANS.COM has no control over such external sites and resources. You agree that (i) MARKETPLACEFORMUSICIANS.COM is not responsible for the availability or accuracy of such external sites and resources, and (ii) MARKETPLACEFORMUSICIANS.COM does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
9. Copyright Policy
We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws, and is available at www.marketplaceformusicians.com/Copyright-Policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.
12. Warranty Disclaimers
YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY MARKETPLACEFORMUSICIANS.COM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETPLACEFORMUSICIANS.COM, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MARKETPLACEFORMUSICIANS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY MUSICIAN CONTENT) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. MARKETPLACEFORMUSICIANS.COM ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, 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 THE SERVICE, (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 THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. MARKETPLACEFORMUSICIANS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MARKETPLACEFORMUSICIANS 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 (INCLUDING ANY SELLERS OR BUYERS). 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. ADDITIONALLY, MARKETPLACEFORMUSICIANS.COM IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.
13. Limitation of Liability
YOU AGREE THAT MARKETPLACEFORMUSICIANS.COM, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. MARKETPLACEFORMUSICIANS.COM’ LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO MARKETPLACEFORMUSICIANS.COM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
15. Miscellaneous Provisions
- Ownership of Site. With the exception of the Content, this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “MARKETPLACEFORMUSICIANS.COM Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to MARKETPLACEFORMUSICIANS.COM, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no MARKETPLACEFORMUSICIANS.COM Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without MARKETPLACEFORMUSICIANS.COM’s express prior written consent.
- No Agency. MARKETPLACEFORMUSICIANS.COM is not the agent or representative of any site users (including, without limitation, any Musician-Artists or Musician-Buyers), nor does it operate under their authority for any purpose. MARKETPLACEFORMUSICIANS.COM is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.
- Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, in the United States of America, without regard to its conflict of law provisions. The Service is operated by Musicians Marketplace from its offices in Florida, in the United States of America. MARKETPLACEFORMUSICIANS.COM makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from www.marketplaceformusicians.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Waiver and Severability. The failure of MARKETPLACEFORMUSICIANS.COM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
- Notices. MARKETPLACEFORMUSICIANS.COM may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.
- MARKETPLACEFORMUSICIANS.COM may change or amend these Terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.
- Future Changes in the Service. MARKETPLACEFORMUSICIANS.COM reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. MARKETPLACEFORMUSICIANS.COM will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- Assignment. MARKETPLACEFORMUSICIANS.COM may assign this agreement to any successor or purchaser of MARKETPLACEFORMUSICIANS.COM or all or substantially all of its assets.
- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
- Trademarks. MUSICIANS MARKETPLACE, INC., the Musicians Marketplace Inc. logo, MARKETPLACEFORMUSICIANS.COM, the MARKETPLACEFORMUSICIANS.COM logo, and other MARKETPLACEFORMUSICIANS.CO, logos and names are trademarks of Musicians Marketplace, Inc. You agree not to display or use these trademarks in any manner without prior, written consent of MUSICIANS MARKETPLACE, INC.
- Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to our support team.
The effective date of this Terms of Service is June 1, 2016.