I. Description of Service.
Silver Star Enterprises, LLC./WebMusic2Go.com is providing Members a social networking service that allows Members to find and communicate with friends and music industry colleagues. Silver Star Enterprises, LLC./WebMusic2Go.com allows members to create unique personal profiles online. The services offered by WebMusic2Go.com (“WebMusic2Go.com” or “we”) include the WebMusic2Go.com website, any WebMusic2Go.com Internet messaging services, and any other features, content, or applications offered from time to time by WebMusic2Go.com in connection with the WebMuisc2Go.com website (collectively, the “WebMusic2Go Services”). The WebMuisc2Go Services are hosted in the United States. Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. WebMusic2Go.com.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the WebMusic2Go.com Services at any time, for any or no reason, with or without prior notice, and without liability. WebMusic2Go.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of WebMusic2Go.com Services if WebMusic2Go.com determines, in its sole discretion, that you pose a threat to WebMusic2Go.com and/or its Users.
- Eligibility. Use of and Membership in the WebMusic2Go.com Services is void where prohibited. By using the WebMusic2Go.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the WebMusic2Go.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the WebMusic2Go.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. WebMusic2Go.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that WebMusic2Go.com reserves the right to charge for the WebMusic2Go.com Services and to change its fees from time to time in its discretion. If WebMusic2Go.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify WebMusic2Go.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The WebMusic2Go.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WebMusic2Go.com; or its parent company, Silver Star Enterprises, LLC. Illegal and/or unauthorized use of the WebMusic2Go.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the WebMusic2Go.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the WebMusic2Go.com Services.
- Proprietary Rights in Content on WebMusic2Go.com.
- WebMusic2Go.com.com and Silver Star Enterprises, LLC. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the WebMusic2Go.com Services. After posting your Content to the WebMusic2Go.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the WebMusic2Go.com Services, you hereby grant to WebMusic2Go.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the WebMusic2Go.com Services. Without this license, WebMusic2Go.com would be unable to provide the WebMusic2Go.com Services. For example, without the right to modify Member Content, WebMusic2Go.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, WebMusic2Go.com could not allow Users to listen to music posted by Members. The license you grant to WebMusic2Go.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to WebMusic2Go.com), fully-paid and royalty-free (meaning that WebMusic2Go.com is not required to pay you for the use on the WebMusic2Go.com Services of the Content that you post), sub- licensable (so that WebMusic2Go.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the WebMusic2Go.com Services), and worldwide (because the Internet and the WebMusic2Go.com Services are global in reach). This license will terminate at the time you remove your Content from the WebMusic2Go.com Services. The license does not grant WebMusic2Go.com the right to sell your Content, nor does the license grant WebMusic2Go.com the right to distribute your Content outside of the WebMusic2Go.com Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the WebMusic2Go.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the WebMusic2Go.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the WebMusic2Go.com Services.
- The WebMusic2Go.com Services contain Content of WebMusic2Go.com ("WebMusic2Go.com Content"). WebMusic2Go.com Content is protected by copyright, trademark, patent, trade secret and other laws, and WebMusic2Go.com owns and retains all rights in the WebMusic2Go.com Content and the WebMusic2Go.com Services. WebMusic2Go.com hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the WebMusic2Go.com Content (excluding any software code) solely for your personal use in connection with viewing the WebMusic2Go.com Website and using the WebMusic2Go.com Services.
- The WebMusic2Go.com Services contain Content of Users and other WebMusic2Go.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the WebMusic2Go.com Services.
- Content Posted.
- WebMusic2Go.com may delete any Content that in the sole judgment of WebMusic2Go.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. WebMusic2Go.com assumes no responsibility for monitoring the WebMusic2Go.com Services for inappropriate Content or conduct. If at any time WebMusic2Go.com chooses, in its sole discretion, to monitor the WebMusic2Go.com Services, WebMusic2Go.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the WebMusic2Go.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. WebMusic2Go.com does not endorse and has no control over the Content. Content is not necessarily reviewed by WebMusic2Go.com prior to posting and does not necessarily reflect the opinions or policies of WebMusic2Go.com. WebMusic2Go.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the WebMusic2Go.com Services. WebMusic2Go.com reserves the right to investigate and take appropriate legal action against anyone who, in WebMusic2Go.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the WebMusic2Go.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of WebMusic2Go.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the WebMusic2Go.com Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the WebMusic2Go.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, WebMusic2Go.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which WebMusic2Go.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the WebMusic2Go.com Services, you acknowledge that you will have caused substantial harm to WebMusic2Go.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WebMusic2Go.com $45 for each such unsolicited email or other unsolicited communication you send through the WebMusic2Go.com Services;
- covering or obscuring the banner advertisements on your personal profile page, or any WebMusic2Go.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the WebMusic2Go.com Services or the networks or services connected to the WebMusic2Go.com Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your WebMusic2Go.com Player and embedding it into other profiles or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the WebMusic2Go.com Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the WebMusic2Go.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- using the WebMusic2Go.com Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WebMusic2Go.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to WebMusic2Go.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the WebMusic2Go.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the WebMusic2Go.com Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. WebMusic2Go.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Silver Star Enterprises, LLC, P.O. Box 2373 Salisbury, NC. 28145; Telephone: (347) 287-7186; Attn: Copyright Agent; and email: email@example.com.
- Member Disputes. You are solely responsible for your interactions with other WebMusic2Go.com Members. WebMusic2Go.com reserves the right, but has no obligation, to monitor disputes between you and other Members. If there is any dispute about or involving the WebMusic2Go.com Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina, City of Charlotte. Either WebMusic2Go.com or you may demand that any dispute between WebMusic2Go.com and you about or involving the WebMusic2Go.com Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Charlotte, North Carolina, USA, provided that the foregoing shall not prevent WebMusic2Go.com from seeking injunctive relief in a court of competent jurisdiction.
- Disclaimers. WebMusic2Go.com is not responsible for any incorrect or inaccurate Content posted on the WebMusic2Go.com Website or in connection with the WebMusic2Go.com Services, whether caused by Users of the WebMusic2Go.com Services or by any of the equipment or programming associated with or utilized in the WebMusic2Go.com Services. Profiles created and posted by Members on the WebMusic2Go.com Website may contain links to other websites. WebMusic2Go.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WebMusic2Go.com. Inclusion of any linked website on the WebMusic2Go.com Services does not imply approval or endorsement of the linked website by WebMusic2Go.com. When you access these third-party sites, you do so at your own risk. WebMusic2Go.com takes no responsibility for third party advertisements which are posted on this WebMusic2Go.com Website or through the WebMusic2Go.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. WebMusic2Go.com is not responsible for the conduct, whether online or offline, of any User of the WebMusic2Go.com Services. WebMusic2Go.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WebMusic2Go.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the WebMusic2Go.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the WebMusic2Go.com Services. Under no circumstances shall WebMusic2Go.com be responsible for any loss or damage, including personal injury or death, resulting from use of the WebMusic2Go.com Services, attendance at a WebMusic2Go.com event, from any Content posted on or through the WebMusic2Go.com Services, or from the conduct of any Users of the WebMusic2Go.com Services, whether online or offline. The WebMusic2Go.com Services are provided "AS-IS" and as available and WebMusic2Go.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WebMusic2Go.com cannot guarantee and does not promise any specific results from use of the WebMusic2Go.com Services.
- U.S. Export Controls. Software available in connection with the WebMusic2Go.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the WebMusic2Go.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disclaimer of Warranties.
The site is provided by Silver Star Enterprises, LLC./WebMusic2Go.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Silver Star Enterprises, LLC./WebMusic2Go.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Silver Star Enterprises, LLC./WebMusic2Go.com shall have no liability for any interruptions in the use of this website. Silver Star Enterprises, LLC./WebMusic2Go.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
15. Limitation of Liability.
Silver Star Enterprises, LLC./WebMusic2Go.com and any subsidiary companies that are owned by Silver Star Enterprises, LLC; including but not limited to, Silver Star Entertainment Group or WebMusic2Go.com-Music Publishing SHALL NOT be liable for any damages whatsoever, and in particular Silver Star Enterprises, LLC./WebMusic2Go.com and any subsidiary companies that are owned by Silver Star Enterprises, LLC; including but not limited to, Silver Star Entertainment Group or WebMusic2Go.com-Music Publishing shall not be liable for any third party, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Silver Star Enterprises, LLC./WebMusic2Go.com and any subsidiary companies that are owned by Silver Star Enterprises, LLC; including but not limited to, Silver Star Entertainment Group or WebMusic2Go.com-Music Publishing has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, webmusic2go.com’s liability to you for any cause whotsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to webmusic2go.com for the webmusic2go.com services during the term of membership.
Member agrees to indemnify and hold Silver Star Enterprises, LLC./WebMusic2Go.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set fourth above and/or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity, that you post on the WebMusic2Go.com Website; or through the WebMusic2Go.com Services that causes WebMusic2Go.com to be liable to another .
17. Members Account.
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Silver Star Enterprises, LLC./WebMusic2Go.com of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Silver Star Enterprises, LLC./WebMusic2Go.com. When a new member places or requests that their personal music websites or their social network websites (MySpace, Face Book, etc.) are to be linked directly to the WebMusic2Go.com website, the Member agrees to the following: Member agrees that he or she is the sole or partial owner of such links and URL’s or has gained the permission of the owner(s) of such links and URL’s, so that such links or URL’s can be linked onto the WebMusic2Go.com website. Member agrees they are solely linking their personal music websites or their social network sites directly to the WebMusic2go.com website.
18. Modifications and Interruption to Service.
Silver Star Enterprises, LLC./WebMusic2Go.com reserves the right to modify or discontinue the Service with or without notice to the Member. Silver Star Enterprises, LLC./WebMusic2Go.com shall not be liable to Member or any third party should Silver Star Enterprises, LLC./WebMusic2go.com exercises its right to modify or discontinue the Service. Member acknowledges and accepts that Silver Star Enterprises, LLC./WebMusic2Go.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
19. Third-Party Sites.
20. Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Silver Star Enterprises, LLC./WebMusic2Go.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Silver Star Enterprises, LLC./WebMusic2Go.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
21. Governing Jurisdiction of the Courts of North Carolina.
22. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
23. Copyright and Trademark Information.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 WebMusic2Go.com, will all rights reserved, or is the property of Silver Star Enterprises, LLC; and-or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Silver Star Enterprises, LLC./WebMusic2Go.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Silver Star Enterprises, LLC./WebMusic2Go.com.
WebMusic2Go.com™ is a proprietary mark of Silver Star Enterprises, LLC. Silver Star Enterprises, LLC.’s trademarks may not be used in connection with any product or service that is not provided by Silver Star Enterprises, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Silver Star Enterprises, LLC.
All other trademarks displayed on Silver Star Enterprises, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Silver Star Enterprises, LLC./WebMusic2Go.com or any other subsidiary companies owned by Silver Star Enterprises, LLC.
24. Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, WebMusic2Go.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Silver Star Enterprises, LLC. P.O. Box 2373 Salisbury, NC. 28145
By Telephone: (347) 287-7186
By Email: firstname.lastname@example.org
Silver Star Enterprises, LLC./WebMusic2Go.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any host names are used as command and control points for botnets, Silver Star Enterprises, LLC./WebMusic2Go.com reserves the right to direct the involved host names to a honeypot, loop back address, logging facility, or any other destination at our discretion.
26. Other Terms.
If you have questions regarding this Agreement, send your questions to: email@example.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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