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Terms and Conditions
 

These terms and conditions govern your use of this website; by using this website you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are at least 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the website.

License To Use Website

Unless otherwise stated, Musicians and Melody and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

This website is a hosting service.  Registered users of the website may submit, upload and post audio, text, photos, pictures, graphics, comments, and other data or information which will be stored by Musicians and Melody at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the website.  The website also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain services (who may or may not be registered users of the website) to view, listen to and share content uploaded and made available by registered users.

You are not obligated to register to use the website.  However, access to the Share Your Music App and certain other services is only available to registered users.  The Share Your Music App enables registered users to upload and make available their content to other users, to receive instant feedback on their tracks, and to communicate with their listeners and manage their content at any time.

When you register to use the website, you will provide us with your email address, and will choose a username and password for your account.  You must ensure that the email address that you provide remains valid.  Your email address and any other information you choose to provide about yourself will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your username and password and you will remain responsible for all use of your username and password.  If your username and password is lost or stolen, of if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Musicians and Melody in writing and should change your password at your earliest convenience.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You must not use this website in any way that causes, or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose of activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Musicians and Melody’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not copy, rip or capture, or attempt to copy, rip or capture, any audio content from the website or any part of the website, other than by means of download or store for offline listening in circumstances where the relevant uploader has elected to permit downloads or offline listening of the relevant item of content.

You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute, sell or otherwise use or exploit any content on or from the website at any and all times, except (1) where such content is your content at any and all times during your use of the applicable content or (2) as permitted under these Terms of Use, and within the parameters set by the uploader.

You must not use any content (other than your content) in any way that is designed to create a separate content service or that replicates any part of the website services.  You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make us of any content.

You must not alter or remove, or attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the website or any content appearing on the website (other than your content).

You must not use the website to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:

  1. Any content  that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Musicians and Melody reasonable discretion.
  2. Any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in Musicians and Melody’s reasonable opinion.
  3. Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  4. You must not commit or engage in, or encourage, induce, solicit, or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  5. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Musicians or Melody employee.
  6. You must not use or attempt to use another person’s account, password, or other information unless you have express permission from that other person.
  7. You must not sell or transfer, or offer to sell or transfer, any Musicians or Melody account to any third party without the prior written approval of Musicians and Melody.
  8. You must not sell or transfer, or offer to sell or transfer, any content that you did not upload or any content that is not rightfully or legally yours.

You agree to comply with the above conditions at any and all times during your use of the website, and acknowledge and agree that Musicians and Melody has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use.  This may include taking court action and/or reporting offending users to the relevant authorities.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Musicians and Melody a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant Musicians and Melody the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Musicians and Melody or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Musicians and Melody reserves the right to edit or remove any material submitted to this website, or stored on Musicians and Melody’s servers, or hosted or published upon this website.

Notwithstanding Musicians and Melody’s rights under these terms and conditions in relation to user content, Musicians and Melody does not undertake to monitor the submissions of such content to, or the publication of such content on this website.