Welcome to the findmusicwork.com.com Website (the "Site", or “Website"). This Website is owned and operated by Find Music Work, (also referred to as "Find Music Work", "FMW", "findmusicwork.com", "us", "we", "our"). "You" are the person or entity using the Website.
This Terms and Conditions of Use for the Website, Content, and Services (“TOU”, or “Terms”) is an agreement between you and Find Music Work regarding your use of the Website, your use of Find Music Work content and data available via the Website (“Content”), and the services operated by Find Music Work, including without limitation, any apps, plugins, executables, or other software provided to you by Find Music Work (collectively, the "Service(s)").
BY USING THIS SITE, OR CONTENT OR SERVICES OFFERED ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE WEBSITE NOW. EXCEPT AS SET OUT IN THESE TERMS YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, ANY CONTENT OR ANY SERVICES AVAILABLE ON THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE AND/OR THE CONTENT OR SERVICES.
FMW reserves the right, at its sole discretion, to change, modify, add, or delete portions of these TOU at any time. If any future changes to these TOU are unacceptable to you, you must stop using the Website immediately.
These Terms automatically apply to all new or renewal subscription plans (“Plan"), and to all use of the Website. You can cancel a Plan at any time by emailing us at admin@findmusicwork.com, or by using the Contact Us form on our website.
Find Music Work sells music work-related services to adults, and not to children. You may purchase from the Website with a permitted payment method only if you are an adult. You must be at least 16 years of age to use the Website, Content or Services. If you are between the ages of 16 and 18, you may only use the Website, Content or Services with the consent and active involvement of your parent or legal guardian. By accessing, browsing and/or otherwise using the Website, Content or Services, you are representing and verifying that you are at least 18 years of age, or that, as parent or guardian, you agree to these Terms and our Privacy Policy and you authorize your child, who is between the age of 16 and 18, to use the Website, Content or Services, subject to your responsibility for their conduct.
LICENSE AND WEBSITE ACCESS
FMW grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal use of the Website. This license does not include: (a) any use of any content or components of the Website for resale, or (b) any collection and use of any data, listings, content, descriptions, or prices not for your own personal use, which is to find music work for yourself, or (c) any scraping, downloading, copying, or other use of account information, either by a you as a subscriber, or as a visitor, or (d) re-publishing of any content or data from the Website, or e) copying, printing, creating screen shots of any content, data or componets of the Website.
You may not create or maintain a FMW account based on false information. You may not assist, in any way, another person or entity in creating or maintaining a FMW account based on false information. You may not impersonate another person or entity in creating or maintaining a FMW account. You may not assist, in any way, another person or entity in creating or maintaining a FMW account.
Third parties may not scrape content or data, download content or data, copy content or data, print content or data, create screen shots, re-publish posts, content or data, or otherwise use the Website without our express written consent.
People or entities which you designate as your representative(s) may not scrape content or data, download content or data, copy content or data, re-publish posts, content or data, print content or data, create screenshots of content, data and components or otherwise use the Website without our express written consent.
Any use of data mining, or robots is reserved for and retained by Find Music Work and any use not explicitly licensed under a written agreement signed by Find Music Work is strictly prohibited.
Neither the Website nor any part thereof, may be exploited for any commercial purpose without the express written consent of Find Music Work.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Find Music Work without our express written consent.
You may not use any meta tags or any other "hidden text" utilizing Find Music Work’s name or trademarks without the express written consent of Find Music Work.
You may not misuse the Website.
As a condition of use of the Website, you represent and warrant that you shall not use the Website for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur as a result of or while you access the Website.
Any licenses granted by Find Music Work may terminate if you do not comply with these Terms.
You assume all responsibility and risk for the use of this Website and the Internet generally.
This Website is provided by Find Music Work on an "AS IS" basis and Find Music Work makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website, to the fullest extent permissible by applicable law. We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. Find Music Work disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
ELECTRONIC SIGNATURE
Pursuant to the Uniform Electronic Transactions Act, you agree that the electronic signature executed by you, your employees, representatives, or authorized agents is the legally binding equivalent of a traditional hand-written signature and that the person signing such agreements is legally authorized to enter into any and all such agreements. You understand and agree that you have the right NOT to use an electronic signature, but choose to do as a matter of your convenience in order to execute agreements with us online. For the purpose of executing agreements on-line, clicking the "CONTINUE" button, or checking the "I AGREE" box, or the "typed" name of the individual "signing" the document, is sufficient and the equivalent of a traditional handwritten signature under the Uniform Electronic Transactions Act and any other electronic signature legislation, rules or requirements in force now, or in the future, throughout the world. Typing in someone's name/signature without their permission constitutes forgery.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password, your favorites, your list of unlocked contacts, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FMW and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
If you want to cancel your FMW account at any time and you have not accessed, used or licensed any Content or Services, you may request that we cancel your account, in which case we may, in our sole discretion, refund all or a portion of the Fees (however, no refunds are granted after such 15 days).
We may terminate these TOU or any additional terms, or suspend or terminate your account or your access to the Website or any Service, without cause and without notice to you in our sole discretion. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your account. You may also terminate the TOU and additional terms applicable to your account by deactivating your account at any time.
If these TOU are terminated, or your account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers or in any media, (d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data, and (e) we reserve all of our rights under these TOU and otherwise, as provided by law. Upon termination, you must cease use of the Website(s) and destroy all materials obtained from such Website and all related documentation and all copies and installations thereof, whether made under these TOU or not.
REGISTRATION, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may, at FMW's sole discretion, from time to time, post user content (“User Content”), including, but not limited to, registering, listing, reviewing, and commenting, so long as the User Content is not: 1) illegal, obscene, threatening, libelous, harrasing, hateful, abusive, defamatory, invasive of privacy, infringing of intellectual property rights, or is otherwise injurious to third parties or is objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"; 2) that encourages conduct that would be considered a criminal offense or gives rise to civil liability; 3) that breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; 4) that contains corrupted data or any other harmful, disruptive, or destructive files; 5) that advertises products or services competitive with FMW's or its partners’ products and services, as determined by us in our sole discretion; or 6) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose FMW, its affiliates or its customers or other persons to harm or liability of any nature. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. Find Music Work reserves the right (but not the obligation) to add, remove or edit such User Content, but is not obligated to, and does not regularly review posted User Content.
You may modify or remove your User Content via your account or by terminating your account, but your User Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
Any communication or material that you transmit to the Website or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary User Content. While you retain all ownership rights to the User Content, and unless we indicate otherwise, you grant FMW and its affiliates a non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, translate, publicly perform, and publicly display your Content throughout the universe in any media for any reason, including to provide, promote, and/or incorporate into the Services, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used. You grant FMW and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FMW or its affiliates for all claims resulting from User Content you supply. FMW has the right but not the obligation to monitor and edit or remove any activity or User Content. FMW takes no responsibility and assumes no liability for any User Content posted by you or any third party. Find Music Work neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. Although Find Music Work does not pre-screen, police or monitor comments posted on the Website, Find Music Work and its agents reserve the absolute right, and without notice, to remove any and all materials uploaded or submitted that Find Music Work feels does not comply with these Terms or any other rules for our Website, or that are otherwise harmful, objectionable, or inaccurate, in Find Music Work’s sole discretion. Find Music Work is not responsible for any failure or delay in removing such postings.
FMW may, from time to time, without notice, and at its own discretion adopt certain business practices which may restrict, or otherwise inhibit the storage of content on our Website. You agree that we do not have a bailee / bailor relationship with you. You agree that you alone are responsible for the proper and adequate archiving of your content, User Content such as your favorites and your unlocked contacts, or any and all other property, and that any presence of your content, User Content, or any and all other property on our Website is merely the presence of a copy of your content, User Content, or any other property and not an original, or the sole existence of your content, User Content, or any other property.
CONTENT
Content includes any information, data, published works, work history, job descriptions, phone numbers, addresses, web site addresses, logos, comments, photos, video, graphics, music, sound effects, your favorites, your list of unlocked contacts, or other material that can be viewed and/or licensed by users on our Website. All Content presented to you on this Website is, as between you and FMW, the sole and exclusive property of FMW (or its affiliates and licensors) and is protected by any and all intellectual property and/or other proprietary rights available within the United States. All Content provided by FMW is licensed to you pursuant to and under these Terms. Except as explicitly set out in these Terms, you may not copy, reproduce, modify, republish, upload, post, transmit, resell, or distribute any Content in any form or by any means whatsoever without prior written permission from FMW. Any unauthorized use of Content violates intellectual property interests and could result in criminal or civil penalties.
Please note that any user may be limited to a certain number of downloads or a certain number of unlocking of contact cards of Content per hour, per day and per month from the Website. You agree that FMW may change these limits form time to time, in its sole discretion.
You may not implicitly or explicitly imply any connection with, sponsorship or endorsement by Find Music Work or the original creator of the Content with you, your use of Content, or any product or service without our separate prior written permission. In some cases, we may require you to incorporate notices of copyright, trademark, or other proprietary rights that we or the original creator or rights holder in Content requires to be incorporated into any media that contains or uses the Content.
We may make certain Content available free of charge for certain purposes, however all such free Content is licensed to you under these Terms (even if you are not charged a Fee for such Content).
Services may be licensed individually or in aggregate (by the individual record or by subscription to access multiple records) under a transactional or subscription license, based upon the Fee charged and collected by Find Music Work. Your license to Content is contingent upon your payment of the appropriate transactional/subscription Fee for, and your compliance with the terms, conditions and limitations associated with, the use of the Content (as posted on our Website). Please refer to the specific pricing of Plans available. Your license to use Content under a Plan is limited to the term of your Plan, except as set out in these Terms. You agree that we may change the Plans and the features applicable to the Plans from time to time. The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated.
From time to time we may make certain Content available on the Website (“Live Stream Content”) for your use in connection with the streaming of video content over the internet for a live audience (each, a “Live Streaming Event”). The Content for use in such Live Streaming Event is non-exclusive, non-sub-licensable and nontransferable. If you have not purchased a Plan or a transactional license for the applicable Content and elect to hold a Live Streaming Event, or distribute a recording of a Live Stream Event as permitted hereunder, through any third party platform provider, you acknowledge and agree that we are entitled to collect applicable advertising revenue in accordance with the terms and conditions made available by such third party platform provider.
All Live Stream Content licenses granted to you are non-exclusive, limited, non-sub-licensable, and nontransferable.
All rights not expressly granted to you by Find Music Work are hereby reserved. You may not sub-license or assign the use of the Content for standalone distribution. You shall not, or assist others to: (a) make available, distribute, or resell the Content separately from content into which the Content has been incorporated by FMW; (b) use the Content in connection with defamatory, or fraudulent content or in connection with pornographic, unlawful or illegal images (including without limitation adult content or videos, adult entertainment venues, escort services), sounds, or content, or any depictions of illegal activity whatsoever, whether directly or in context or by juxtaposition with other materials; (c) make any change in the language of the Content; (d) change or edit the Content; or (e) remove any proprietary or intellectual property markings or notices on any Content. Certain subscription plans may include additional license limitations.
Once we have selected specific Content available to you under your Plan, we encourage you to download the Content promptly and subject to these TOU. As a convenience to you we may continue to make the specific Content available to you under your Plan available for re-download, but we do not guarantee that such Content will be available for re-download and Find Music Work will not be liable to you if it becomes unavailable for further re-download. We may add or remove Content from our Plans and our Service at any time and make no guarantee as to the availability of specific Content in any Plan or as to any minimum amount of Content in any Plan. Some of our Content may be offered in limited territories, and we may use geo-filtering technology to restrict access outside of those territories. You understand and agree that temporary interruptions of service may occur as normal events that may be out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Content. You agree that the Content and Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, communications, dashboard, or personalization settings. While we have made reasonable efforts to correctly categorize, keyword, caption, description, length, and title the Content, we do not warrant the accuracy of such information.
You may not (i) transfer, copy, scrape, download, or display Content, except as permitted in these Terms; (ii) sell, rent, lease, distribute, or broadcast any Content except as permitted in these Terms; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any obscene or illegal purpose.
PRODUCT DESCRIPTIONS
findmusicwork.com attempts to be as accurate as possible. findmusicwork.com does not warrant that Content descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If Content offered by the Website is not as described, your sole remedy is to ask us to correct it.
SERVICES
As part of the Services Find Music Work may make available certain apps, plugins, executables, or other software, including documentation with respect to such apps, plugins, executables or other software (collectively, “Software”). Find Music Work grants only a non-exclusive, non-sub-licensable, non-transferable, limited license to use a copy of any Software solely for your personal purposes in conjunction with finding music work, and accessing and using the Content and during the term of your respective Plan.
You will not and will not assist others to:
1) Create or enable the creation of derivative works, modifications, or adaptations of the Software, except by consent from FMW, and for the use of and ownership by Find Music Work (and you agree to assign all rights in such creations to Find Music Work);
2) Engineer, reverse engineer or otherwise create any comparable software to the Software;
3) Distribute or disclose the Software to third parties other than as expressly permitted hereunder;
4) Rent, sublicense or otherwise allow any third party to use the Software; or
5) Use the Software for any purpose other than as set forth in these Terms.
Find Music Work retains all title to the Software and any copies or derivations, (whether derivation is created by Find Music Work or you), thereof in any form. You have only a license to use the Software as set out in these Terms. This is not a contract of sale of the Software. All intellectual property rights in and to the Software are retained by Find Music Work. You agree not to remove, deface, or destroy any copyright, patent notice, trademark, service mark, other proprietary markings, or confidential legends placed on or within the Software. All rights not licensed hereunder are expressly reserved by Find Music Work.
You acknowledge that the Software and the attributes of the Software including, without limitation, the design, functionalities, performance characteristics and your evaluation of the Software, and any other non-public verbal or written information that may be supplied by Find Music Work to you or obtained through your access to the Software, are confidential and the proprietary property information of Find Music Work (“Confidential Information”). You will maintain the confidentiality of all Confidential Information in the same manner that you maintain your own confidential information (but with no less than a reasonable degree of care). You will: Not disclose any Confidential Information to any third party without the prior written consent of Find Music Work; Limit internal access to any Confidential Information only to your employees who have a need to access the Software or any Confidential Information; and not use any Confidential Information for any purpose other than using or accessing the Content.
The Software may be subject to export restrictions under United States export laws and regulations. You acknowledge your obligations to control access to technical data (as defined by the U.S. Department of Commerce, Office of Export Administration) under U.S. export control laws and regulations and agree to adhere to all applicable U.S. export control laws and regulations regarding any technical data received from Find Music Work.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION
THIS SITE IS PROVIDED BY FMW ON AN "AS IS" AND "AS AVAILABLE" BASIS. FMW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FMW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FMW DOES NOT WARRANT THAT THIS SITE, IT'S SERVERS, OR E-MAIL SENT FROM FMW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FMW BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, FMW WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL SQUARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR SQUARE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SQUARE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify and hold us, our affiliates, officers, agents, heirs, executors, administrators, successors, predecessors, parents, partners, affiliates, licensees, officers, directors, representatives, agents, attorneys, employees, past and present, stockholders and assigns, harmless from any claim or demand, including, without limitation, reasonable attorney's fees, from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, expenses, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law or in equity, known and unknown and which have resulted or may in the future develop, related to the right, title, ownership, assignment or exploitation of our work, our services, our property, of the Website, and elements and versions thereof, in any manner, arising out of the use of our property in your content, your content, your use of the Website, your violation of these TOU or your violation of any third party's rights including such party's copyrights and trademarks, your violation of any law, rule or regulation of the United States or any other country, and any other party’s access and/or use of the Services with your unique name, password or other appropriate security code. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FMW or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of findmusicwork.com and protected by U.S. and international copyright laws.
In addition to any excuse provided by applicable law, Find Music Work shall be excused from liability for non-delivery or delay in delivery of products, Content, or Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
RISK OF LOSS
NOTWITHSTANDING ANYTHING ELSE IN THIS TOU OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT FMW SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO FMW BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING, EMAIL ADDRESS, OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF FMW.
TRADEMARKS AND COPYRIGHT
All Content included in or made available through the Website is the property of Find Music Work or its content suppliers and protected by United States and international copyright laws. All trademarks, graphics, logos, page headers, buttons, icons, scripts, and service names included in or made available through Find Music Work and/or the Website are trademarks or trade dress of Find Music Work in the U.S. and other countries. Find Music Work trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us but available via the Website, Content or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Find Music Work or its subsidiaries.
DISPUTES
Any dispute or claim relating in any way to these Terms or your use of the Content, Plan, or Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the Venue or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If any term of this Section is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
MISCELLANEOUS
This Website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the website or party by us, or any warranty of any kind, either express or implied.
You agree that the act of you unlocking contacts, creating favorites, or downloading files from the Website constitutes delivery, acceptance, consent, admission, acquisition, compliance, assent, recognition, agreement, affirmation, approval, go-ahead, green light, approbation, endorsement, fulfillment and receipt of the music contained therein. Downloading files from the Website, unlocking contacts, or creating favorites does not constitute a permanent or temporary transfer or assignment of ownership or copyright in the Content, services, or any other rights of FMW.
ELECTRONIC COMMUNCATIONS
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for an account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from FMW by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
We also provide Services that allow you to send short message service (SMS) messages to your customers (the “Seller-Initiated SMS Services”). You will only use the Seller-Initiated SMS Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, if any, posted on this site. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies, and these Terms at any time. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. If you learn that any Content is subject to a threatened or actual third party claim of infringement, violation of another right, or any other claim for which Find Music Work, the Content contributors or any of their respective affiliates may be liable, you will promptly notify Find Music Work of any such claim. If Find Music Work, the Content contributors or any of their respective affiliates learns of such a claim from you, the third party or otherwise and Find Music Work, in its sole good faith discretion, determine that the claim raises an inappropriate legal risk, upon notice from us, you will (i) remove the Content from your computer systems and storage devices (electronic or physical), and (ii) cease any future use of the Content at your own expense if possible. If you do remove and cease use of the Content, we may choose to refund your license fees for the applicable Content or without charge provide you with other content that we determine with your consent, not to be unreasonably withheld or delayed, is comparable, subject to the other terms and conditions of these Terms. The Terms shall survive termination or expiration of your use of the Website or your Plan. Find Music Work, its content contributors or any of their respective affiliates are intended third party beneficiaries of these Terms; nothing in these Terms, express or implied, is intended to or shall confer upon any other third party any rights, benefits or remedies of any nature whatsoever. You shall promptly reimburse Find Music Work, its content contributors and any of their respective affiliates for any costs (including reasonable attorneys' fees and court costs) that are incurred in collecting any Fees or enforcing these Terms.
INTERNATIONAL USE, SANCTIONS AND EXPORT POLICY
Although this Website may be accessible worldwide, Find Music Work makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any Content or Service, and/or information made in connection with this Website, is void where prohibited. You may not use any Find Music Work Content or Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Website, Content or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
JURISDICTION AND GOVERNNG LAW
These Terms shall be construed, governed and enforced under the laws of the United States and in the state of FMW’s choosing (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in the place of FMW’s choosing. In the event that Arbitration and Class Action Waiver is found to be unenforceable, each party hereby consents and submits to the jurisdiction of the federal or state courts of FMW’s choosing, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested, or, by such other means of delivery, such as personal service, substituted service, service on a corporation, service by publication. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
GOVERNMENT END USERS
If you are a U.S. Government end user, we are licensing any Content or Services to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Content or Services are the same as the rights we grant to all others under these Terms.
COPYRIGHT COMPLAINTS AND DMCA TAKE DOWN NOTICES
Find Music Work and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, FMW will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification. After proper notification by the copyright holder or its agent to FMW and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, FMW will terminate the infringing customer's account. FMW may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), FMW has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. FMW respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Website, please contact "Copyright Agent", via email @ admin@findmusicwork.com
Any written notice describing the infringing activity must include the following information:
1) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3) The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4) A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5) A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6) The Rights Holder’s electronic signature.
If material that you have posted to our Website has been taken down, you may file a counter-notification that contains the following details:
1) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3) Your name, address and telephone number;
4) A statement that you consent to the jurisdiction of federal district court in Jefferson County, Colorado, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
5) Your physical or electronic signature.
Notice may be sent:
via email @ admin@findmusicwork.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party. Repeat infringers will be terminated and barred from using the web site.