Terms of Use

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you hereby agree to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right to change, modify, add, or remove portions of these terms at any time. We will inform users in the event that it changes. Your continued use of this site following the posting of such changes (including our Privacy Policy) will mean you agree to any changes.

USE OF MATERIALS LOCATED ON THIS SITE.

This site is owned and/or operated by MusicXclusives, LLC (“Owner“). No material from this site or any Web site owned, operated, licensed, or controlled by Owner may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written approval from Owner.

Modification of the materials or use of the materials for any other purpose is a violation of the Owner copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Owner or the other designated owner of a posted mark. You are prohibited from using, copying, or retransmitting any trademarks, logos, graphics, sound, or images which appear on this site, without prior written approval from Owner.

Elements of Owner sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

LINKS TO AND FROM THE OWNERS SITES

Owner permits the linking to its sites from any other site so long as the linking site  does not contain libelous, defamatory, obscene or illegal content. Any link must not frame the Owner’s site and must be to the entire site rather than to a particular page or graphic. Permission to link to any Owner site is temporary and at Owner’s sole discretion. Owner reserves the right to request any linking site to remove such link to any Owner site. Any linking site agrees to comply with such a request within 24 hours of receipt of such a request from Owner. Links in the Owner sites will let you leave the site. The linked sites are not under the control of Owner and the Owner are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Owner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Owner unless expressly indicated.

PUBLIC FORUMS

“Forum” means any chat area, poll, comments section, e-mail and other interactive function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which is in violation of another’s copyright, trademark or other proprietary rights.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.

In the event that you submit content to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) the Owner a royalty-free, nonexclusive, perpetual right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed.

DIGITAL MILLENNIUM COPYRIGHT ACT

MusicXclusives.com will honor any accepted technical measures used by copyright Owner to identify or protect their works. You may report any suspected infringement to info@musicxclusives.com.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the site are presented for the purpose of promoting audio, video, musicians and other products available in the United States. Owner makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site 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 this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OWNERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF THE Owners OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These terms along with the terms of the Privacy Policy is the entire agreement between us relating to the subject matter herein.

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