Terms and Conditions
1. Introduction
1.1 Purpose and Binding Nature
These Terms and Conditions (the “Terms”) govern your access to and use of Musician-Band.com (the “Site”), including any related services, data feeds, software, and features provided by Musician-Band.com (collectively referred to as the “Services”). By accessing or using the Services, you enter into a legally binding agreement with Musician-Band.com and agree to abide by these Terms.
This document establishes the rights, obligations, and legal framework under which Musician-Band.com operates. It provides clarity on your responsibilities as a user and the authority of Musician-Band.com to manage, redistribute, and monetize user-generated content globally.
2. Scope and Definitions
2.1 Definitions
- Content: Any material, including but not limited to text, graphics, audio, video, photos, comments, scripts, interactive features, and other user-submitted materials, that you upload, share, or otherwise make available through the Services.
- User: Any individual or entity accessing or using the Services.
- We/Us/Our: Refers to Musician-Band.com and its affiliates, subsidiaries, or authorized representatives.
- License: The rights granted to Musician-Band.com and other users as described in these Terms.
- Platform: The digital environment created and maintained by Musician-Band.com for providing the Services.
2.2 Applicability
These Terms apply to all users, including but not limited to content creators, contributors, viewers, and registered account holders. By accessing the Services, you agree to comply with these Terms.
3. Acceptance of Terms
3.1 Agreement and Eligibility
- You have the legal capacity to enter into a binding agreement under the laws of your jurisdiction.
- You are not barred from using the Services under any applicable laws or regulations.
- You will adhere to these Terms in their entirety.
3.2 Changes to the Terms
Musician-Band.com reserves the right to modify these Terms at its sole discretion. Updates will be published on the Site, and continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.
3.3 Severability of Provisions
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. User Accounts
4.1 Account Creation
To access certain features, users may be required to register an account by providing accurate, complete, and current information. Account security and confidentiality are the responsibility of the user.
4.2 Account Use
- You are solely responsible for all activities under your account.
- You will notify Musician-Band.com immediately of any unauthorized access or security breaches.
- You will not impersonate another individual or entity or misrepresent your identity.
5. User-Generated Content
5.1 Ownership
- You retain ownership of all intellectual property rights in the Content you upload or share. By submitting Content to the Site, you affirm that:
- You own or have acquired the necessary rights to the Content.
- Your Content does not infringe on the intellectual property, privacy, or other rights of any third party.
5.2 License to Musician-Band.com
By uploading Content, you grant Musician-Band.com a non-exclusive, perpetual, irrevocable, royalty-free, transferable, and sublicensable global license to:
- Use, reproduce, distribute, publicly display, and perform the Content.
- Modify, adapt, or create derivative works from the Content.
- Redistribute the Content on third-party platforms, promotional campaigns, or in connection with advertising or sponsorships.
- Monetize the Content, including through advertisements, premium offerings, and partnerships.
6. Redistribution and Monetization Rights
6.1 Redistribution Rights
- Share Content across various platforms, including social media, affiliated websites, and other digital or print media.
- Aggregate and highlight Content in curated collections, playlists, or promotional campaigns.
6.2 Monetization Rights
Musician-Band.com may generate revenue from Content through advertisements, sponsorships, partnerships, and subscriptions. Additionally, Content may be used in premium services or exclusive offerings without requiring additional permissions or compensation to the user.
7. Acceptable Use Policy
7.1 Prohibited Activities
- Uploading Content that violates applicable laws, infringes on intellectual property rights, or is defamatory, obscene, or harmful.
- Circumventing security measures or engaging in unauthorized access to the Services.
- Exploiting the Services for unauthorized commercial purposes.
7.2 Automated Access
You may not use bots, spiders, or other automated tools to access or interact with the Services unless explicitly authorized.
8. Intellectual Property
8.1 Musician-Band.com Content
All proprietary materials, including but not limited to text, graphics, software, and trademarks, are the exclusive property of Musician-Band.com or its licensors.
8.2 Third-Party Content
Third-party trademarks and intellectual property appearing on the Site are the property of their respective owners. Use of these materials requires authorization from the owner.
9. Liability and Indemnification
9.1 Disclaimer of Warranties
The Services are provided "as is" and "as available," with no guarantees of uninterrupted or error-free performance.
9.2 Limitation of Liability
To the fullest extent permitted by law, Musician-Band.com is not liable for indirect, incidental, or consequential damages or losses resulting from unauthorized access to accounts or Content.
9.3 Indemnification
You agree to indemnify Musician-Band.com against any claims, damages, or liabilities arising from:
- Your violation of these Terms.
- Musician-Band.com’s use of your Content in accordance with these Terms.
10. Governing Law and Dispute Resolution
10.1 Neutral Jurisdiction
These Terms are governed by general principles of contract law, ensuring fairness and enforceability across multiple jurisdictions.
10.2 Dispute Resolution Framework
- Informal Resolution: Parties agree to attempt informal resolution of disputes before initiating formal proceedings.
- Mediation and Arbitration: Disputes unresolved through informal means will be subject to binding arbitration under recognized international arbitration rules.
- Jurisdiction: Users waive their right to assert jurisdictional limitations, ensuring uniform applicability of these Terms globally.
11. Additional Provisions
11.1 Entire Agreement
These Terms constitute the entire agreement between you and Musician-Band.com, superseding all prior agreements.
11.2 Survival
All provisions regarding intellectual property, indemnification, and licensing survive termination of your account.
11.3 No Waiver
Failure by Musician-Band.com to enforce any provision does not constitute a waiver of that provision.