1. Your Agreement
This Membership Agreement will outline the membership terms between you and Music Clout. By using our service or accessing our website, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.
During the member registration process you will be prompted to click an "I Agree" button to ensure that you accept and agree to our terms. Please read the terms in this agreement carefully.
2. Our Service
The Service is a music resource, placement and online submission website. Our website is made for musicians and industry professionals, making it easy for them to connect with one another online.
As a member, you can upload information about yourself and submit yourself to music contests and competitions, festivals, gigs, magazines, reviews and publications, agencies, management and publishing companies, radio and pod-casts, record labels, A&R sponsorships and endorsements, and television and film projects.
3. Member Profiles
Members create an electronic press kit that will be hosted on our website. The EPK will contain the client's music, biography, show/tour history and any other vital and updated music related information about the client.
A. Your Electronic Press Kit
Your electronic press kit will be available to website visitors so you should use your discretion when posting any information that personally identifies you. These things include your telephone number, last name, home street address, personal email address, and any photographs that have your specific whereabouts, as well as integrating your other social media profiles such as Twitter(c).
B. Proprietary Rights to your Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of membership is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. Unless you are expressly authorized to do so, you must not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through our service, including code and software.
You agree that you own the copyright in all content that you post on our website and that each individual portrayed in images or identified in text in your content has given their consent to you to use the content.
4. Terms and Pricing
The current applicable and re-occurring charge for this service is $14.95 per month for the Platinum Unlimited membership, $8.95 per month for the Gold membership, and no monthly charge for our free membership. There is no contracted term for this agreement. It is month to month. By accessing the service you are committed to the terms as set forth in this agreement.
We do not sell any products or services to children. If you are under the age of 13, you may use this site only with involvement of a parent or guardian.
6. Interruption of Service
Music Clout may suspend, disconnect, deny or restrict access to your service during any technical failure of, modification or maintenance to the service, but Music Clout will use reasonable measures to resume your service as soon as possible.
7. Exclusion of warranties and limitations of Liability
To the extent permitted by law all terms, warranties, undertakings, inducements and representations relating to this service are excluded and Music Clout will not be liable for any loss or damage (including without limitation indirect, special or consequential loss or damage) arising from this service whether or not caused by any negligent act or omission. If any legislation implies any term or warranty that cannot be excluded, Music Clout's sole liability will be, in the case of goods or services, to re-supply of the goods or services, or to pay for the cost of having the goods or services re-supplied. To the extent permitted by law, Music Clout is not liable for the unavailability of this service at any time or for any reason, or for any failure of this service to submit, receive or accept any calls or messages. To the extent permitted by law, Music Clout disclaims any warranty in relation to the performance, operation, reliability or availability of this service. Without limiting the preceding provisions of this clause, Music Clout expressly disclaims liability for any loss, damage, costs, expenses and liabilities of whatever nature arising (directly or indirectly) from the use of products proprietary to, or provided by, third parties, or from any recommendation by Music Clout that you use or accept such products.
UNDER NO CIRCUMSTANCES SHALL MUSIC CLOUT OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IS A MUSIC RESOURCE AND AN INDUSTRY DATA BASE LISTING SERVICE. MUSICCLOUT.COM
IS NOT A TALENT AGENCY AND DOES NOT HAVE A TALENT AGENCY CONTRACT. TO THE EXTENT THAT IT APPLIES, PURSUANT CALIFORNIA LABOR LAW SECTION 1700.5 OF THE LABOR CODE, ONLY A TALENT AGENT LICENSED MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE PLACEMENTS OR AGREEMENTS FOR AN ARTIST. MUSICCLOUT.COM
IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN PLACEMENTS FOR YOU, THEREFORE ONLY YOU CAN SUBMIT YOURSELF TO AN OPPORTUNITY OR OBTAIN PLACEMENTS FOR YOURSELF. IT MAY ONLY PROVIDE YOU INFORMATION. FOR MORE INFORMATION, TO THE EXTENT THAT IT APPLIES CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE CALIFORNIA LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY MUSICCLOUT.COM
THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
8. Member Conduct
This Service is provided to individuals only. Any unauthorized commercial use of this service, or the resale of its services, is prohibited. You must not use this service to solicit business for any competitive service. You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur under your account name or password, including, without limitation, the content of your transmissions through this service. By way of example, and not as a limitation, you agree not to use this service in connection with chain letters, junk email, spamming, or any duplicate or unsolicited messages; harvest or otherwise collect information about others, including email addresses, without their consent; create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message; transmit through this service unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material; transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trademarks or copyright, transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; use this service to violate any applicable law restricting the export or import of data, software or any other content; interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; gain or attempt to gain unauthorized access to this service, other accounts, computer systems or networks connected to this service, through password mining or by any other means; and/or interfere with another member's use and enjoyment of this service or another entity's use and enjoyment of similar services; and/or use this service in any unethical manner or contrary to accepted community standards.
You agree to defend, indemnify, and hold Music Clout and its subsidiaries, affiliates, officers, directors, agents, contractors and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these terms.
Music Clout may immediately terminate this agreement or the provision of this service if it considers that you have breached any term of this agreement or an unauthorized person is, or may be using, your account.
11. Billing and Member Agreement
As part of the enrollment process for the Gold and Platinum membership, you will be required to submit a valid debit/credit card number or PayPal account to proceed with your Music Clout subscription. Upon registering for the service, you will be automatically billed for a MusicClout.com subscription at the rate that you choose. There are two current monthly options to choose from, $14.95 per month for the Platinum membership or $8.95 per month for the Gold membership. Thereafter, your subscription will be automatically renewed at the same price monthly, until you request to “downgrade” your account.
A. Credit Card Descriptor
Charges will appear on your credit card statement as: "Music Clout"
To upgrade your account, visit the “My Account” section of your members page and click on the “Upgrade” button. Please follow the steps until your upgrade is complete.
You may downgrade your membership level at any time throughout your subscription. A downgrade of your membership will lead to a restriction of your membership capabilities. In order to avoid any monthly re-occurring payments, you must downgrade your account to a free membership. To downgrade your account to a Free or Gold membership, please write an email to billing@MusicClout.com at least (5) days prior to your next scheduled renewal date and request to be downgraded. When you request for a downgrade to a Free membership, your billing stops immediately, and no new charges will be billed to you unless you re-instate your subscription. Music Clout's memberships are non refundable and we do not offer credits for any unused submissions.
12. Terms of Membership
Music Clout Inc 2012 (C)