[vc_row][vc_column][vc_column_text][ms-note type=”info”]Welcome to Musicians and Melody and thank you for joining. This membership section is free and is available for social networking, comments, and sharing information. If you would like to share, explore, or download new music please click on “Share Your Music”.[/ms-note]
[ms-membership-signup][/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_tta_tabs][vc_tta_section title=”Disclaimer” tab_id=”1468527934402-b3ae3bbe-d408″][vc_column_text]
Musicians and Melody
This website, including, without limitation, the APPs and all content and services accessed through or via the website are provided “as is” without any representations or warranties, express or implied. Musicians and Melody makes no representations or warranties in relation to this website or the information and materials provided on this website. Musicians and Melody does not warrant that your use of the website will be uninterrupted, timely, secure or error free, that defects will be corrected, or that the website or any part or parts thereof, the content, or the servers on which the website operates are or will be free of viruses or other harmful components.
Musicians and Melody does not warrant that any transmission of content uploaded to the website will be secure or that any elements of the website designed to prevent unauthorized access, sharing or download or content will be effective an any and all cases, and does not warrant that your use of the website is lawful in any particular jurisdiction.
Musicians and Melody and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, 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 or such jurisdiction applies to this agreement.
Limitation of Liability
Musicians and Melody will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Musicians and Melody has been expressly advised of the potential loss.
Musicians and Melody and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for any loss or damage arising from:
- Your inability to access or use the website or any parts thereof, or to access any content or any external services via the website;
- Any changes that Musicians and Melody may make to the website or any part thereof, or any temporary or permanent suspension of access to the website or any content in or from any or all territories;
- Any action taken against you by any third party with respect to any alleged infringement of such third party’s rights relating to your content or your use of the website, or any action taken as a part of an investigation by Musicians and Melody or any relevant law enforcement authority regarding you use of the website;
- Any errors or omissions in the website’s technical operation, or from any inaccuracy of defect in any content or any information relating to content;
- Any misconduct by other users or third parties using the website, especially in breach of the agreement;
- Any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach;
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Musicians and Melody’s liability in respect of any:
- Death or personal injury caused by Musicians and Melody’s negligence;
- Fraud or fraudulent misrepresentation on the part of Musicians and Melody;
- For any form of fraud or deceit;
- For any damages caused willfully or by gross negligence or;
- For any matter which it would be illegal or unlawful for Musicians and Melody to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you think they are not reasonable, you must not use this website.
You accept that, as a limited liability entity, Musicians and Melody has an interest in limiting the personal liability of its subsidiaries, successors, assigns, or their respective employees, agents, directors, officers and/or shareholders. You agree that you will not bring any claim personally against Musicians and Melody’s subsidiaries, successors, assigns, or their respective employees, agents, directors, officers and/or shareholders in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Musicians and Melody’s subsidiaries, successors, assigns, employees, agents, directors, offices and/or shareholders and sub-contractors as well as Musician and Melody.
Applicable Law and Jurisdiction
Except where otherwise required by the mandatory law of the United States, this agreement is subject to the laws of the state of Georgia and you hereby agree, and Musicians and Melody agrees, to submit to the exclusive jurisdiction of the courts in the state of Georgia, USA, for resolution of any dispute, action or proceeding arising in connection with this Agreement.
[/vc_column_text][/vc_tta_section][vc_tta_section title=”Privacy Statement” tab_id=”1468527934504-0c175633-a042″][vc_column_text]
Musicians and Melody
Your privacy is important to Musicians and Melody. This privacy statement provides information about the personal information that Musicians and Melody collects and the ways in which Musicians and Melody uses that personal information.
Personal Information Collection
Musicians and Melody may collect and use the following kinds of personal information:
- Information about your use of this website
- Information that you provide for the purpose of registering with this website
- Information about transactions carried out over this website
- Information that you provide for the purpose of subscribing to the website services, and
- Any other information that you send to Musicians and Melody
Musicians and Melody may use your personal information to:
- Administer this website
- Personalize the website for you
- Enable your access to and use of the website services
- Publish information about you on the website
- Send to you products that you purchase
- Supply to you services that you purchase
- Send to you statements and invoices
- Collect payments from you; and
- Send you marketing communications
Where Musicians and Melody discloses your personal information to its agents, subsidiaries, or sub-contractors for these purposes, the agent, subsidiary, or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Musicians and Melody may disclose your personal information to the extent that it is required to do so by law, in connection with legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing Your Data
Musicians and Melody will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
Musicians and Melody will store all the personal information you provide (on its secure servers).
Information relating to electronic transactions entered into via this website will be protected by encryption technology.
Cross-Border Data Transfers
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating This Statement
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites.
Musicians and Melody
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.
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.
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 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:
- 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.
- 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.
- Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- 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.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Musicians or Melody employee.
- 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.
- 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.
- 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.
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.