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INCLUDING: Terms & Conditions, Code of Conduct, privacy policy
applicable to our website.
This Internet site is the property of MarketPlace Music™ LLC.
MARKETPLACE MUSIC™ PROVIDES THIS WEB SITE (MARKETPLACEMUSIC.COM) SUBJECT
TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS BELOW. THIS AGREEMENT
GOVERNS THE RELATIONSHIP BETWEEN MARKETPLACEMUSIC.COM AND YOU WITH
RESPECT TO YOUR USE OF THE SITE. IT IS IMPORTANT THAT YOU READ CAREFULLY
AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on this site,
including but not limited to text, data, graphics, logos, button icons,
images, audio clips, video clips, links, digital downloads, data
compilations, and software is owned, controlled or licensed to
MarketPlace Music and is protected by copyright, trademark, and other
intellectual property rights. Material on this site is solely for your
personal, non-commercial use and may not be copied, reproduced,
republished, modified, uploaded, posted, transmitted, or distributed in
any way, including by e-mail or other electronic means, without the
express prior written consent of MarketPlace Music. You may download
material intentionally made available for downloading from this site for
your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices.
CODE OF
CONDUCT
You will not restrict or inhibit any other user from using and enjoying
the site and services (for example, by means of hacking or defacement);
you will not transmit any information or software that contains a virus,
worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or
deleterious component; (5) you will not transmit materials in violation
of another party's copyright or other intellectual property rights; you
will not utilize any robot, spider, site search/retrieval application,
or any other manual or automated technique to scrape, index, data mine,
etc., or in any way reproduce or circumvent the navigational structure
or presentation of the site and its contents; and, you will not
impersonate any other individual or entity.
WARRANTY DISCLAIMER MarketPlace Music
makes no representations or warranties regarding how often the materials
or information posted on the site will be updated (if at all) or the
number or identification of the recording artists or other individuals
(if any) that will be featured on the site.
MARKETPLACE MUSIC
HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD
PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD
PARTY MATERIALS ON THIS SITE. MARKETPLACE MUSIC DOSE NOT OPERATE OR
CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE
THIRD PARTY SITES. THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THIS SITE AND THE THIRD PARTY SITES.
MARKETPLACE MUSIC™ AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE
SITE OR THE THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR
THOSE SERVICES. MARKETPALCE MUSIC DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS, THE SITES OR THE THIRD PARTY SITES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETPLACE MUSIC DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND
NOT MARKETPLACE MUSIC) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION. YOU ARE WELCOME TO NOTIFY MARKETPLACE
MUSIC™ IN THE EVENT THAT YOU DO HAVE ANY DISSATISFACTION WITH A THIRD
PARTY SITE SOLELY FOR INFORMATIONAL PURPOSES BY
EMAILING
MarketPlace Music™
VOID WHERE PROHIBITED Although the site is accessible worldwide,
not all products or services discussed or referenced in the site are
available to all persons or in all geographic locations. MarketPlace
Music reserves the right to limit, in its sole discretion, the provision
and quantity of any product or service to any person or geographic area
it so desires. Any offer for any product or service made in the site is
void where prohibited.
LICENSE TO MARKETPLACE MUSIC By inputting data, or engaging in
any other form of communication through this site, you are granting
MarketPlace Music a royalty free, perpetual, non-exclusive,
unrestricted, worldwide license to: (1) use, copy, sublicense, adapt,
transmit, publicly perform or display any such communication; and (2)
sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to the communication.
Please see our
Privacy Policy - MarketPlace Music LLC
The foregoing
grants shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright,
trademark, servicemark, or patent laws under any relevant jurisdiction.
MAKING PURCHASES
If
you wish to purchase products or services described on the
marketplacemusic.com site, you may be asked to supply certain
information including credit card or other payment information. You
agree that all information that you provide will be accurate, complete
and current. You agree to pay all charges, including shipping and
handling charges, incurred by users of your credit card or other payment
mechanism at the prices in effect when such charges are incurred. You
will also be responsible for paying any applicable taxes relating to
your purchases.
INDEMNIFICATION You agree to indemnify, defend and hold harmless,
MarketPlace Music and its affiliated companies, officers, directors,
employees, agents, licensors, suppliers from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation by you of these Terms of Use. MarketPlace
Music reserves the right, to assume the exclusive defense and control of
any matter subject to indemnification by you.
LITIGATION ISSUES This Agreement is entered into in the State of
New York and shall be governed by and construed in accordance with the
laws of the State of New York, exclusive of its choice of law rules.
Each party to this Agreement submits to the exclusive jurisdiction of
the state in the City of New York in the State of New York, and waives
any jurisdictional, venue or inconvenient forum objections to such
courts. Each party to this Agreement further agrees as follows: (i) any
claim brought to enforce this Agreement must be commenced within two (2)
years of the cause of action accruing; (ii) no recovery may be sought or
received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys' fees; (iii)
any claim must be brought individually and not consolidated as part of a
group or class action complaint.
MISCELLANEOUS In the event that any of the provisions of this
Agreement are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof, and any and all written
or oral agreements heretofore existing between the parties hereto with
respect to the subject matter of this Agreement are expressly canceled.
MarketPlace Music may modify the terms of this Agreement by posting
notice of such modification on this page entitled "Legal Notices" or
"Notice of change of terms of conditions" (or similar title) before the
modification takes effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The
Digital Millennium Copyright Act (DMCA) provides a mechanism for
notifying service providers of claims of unauthorized use of copyrighted
materials. Under the DMCA, a claim must be sent to the service
provider's Designated Agent. If you believe in good faith that
MarketPlace Music should be notified of a possible online copyright
infringement involving marketplacemusic.com, please notify MarketPlace
Music's Designated Agent: Business and Legal Affairs department,
MarketPlace Music, 119 South Warren Street, Trenton, New Jersey, 08608
PRIVACY
POLICY
This notice is to inform you about the policies for collection and use
of personally identifiable information on the marketplacemusic.com site.
Sites that are linked to our site may have different policies; please
review the privacy policy notices on those sites for details.
We do not collect personally identifiable information about you on this
site without your knowledge, and all such information is collected
directly from you. For example, we may ask you to provide your e-mail
address, name, mailing address, or other information about yourself in
order to participate in contests, bulletin boards or to be added to the
mailing list to receive e-mail updates on particular artists or types of
music. You are not required to provide us with this information, but if
you choose not to, you may not be able to participate in some of the
activities on this site.
We
use the information we collect from you to allow you to participate in
the site activities for which the information is collected. For example,
when you give us your e-mail address in order to receive updates on a
particular artist or type of music, that address is added to the e-mail
list for that artist or type of music. On each e-mail you receive, you
are given the opportunity to unsubscribe; when you unsubscribe, we
remove your e-mail address permanently from that mailing list.
For contests conducted on this site, we use the personal information you
provide only for the purpose of contacting you if you win a prize and
sending the prize to you. We do not use contact information contained in
contest entries to create mailing lists or for any other purpose.
We
do not share personal information provided by site visitors with anyone
outside MarketPlace Music, except to the extent necessary to allow you
to participate in site activities (for example, to send you a prize that
you have won in a contest on the site). We do not rent or sell
mailing lists of site visitors to any third party.
We try to keep the information we collect from you as current as
possible, and we take steps to maintain the security of your personal
information and to prevent unauthorized access to it by those who do not
have a legitimate need for it. We will never post your e-mail address or
other identifying information you have provided on our site without your
consent.
If you are under 13 years of age, you should not provide any
personally identifiable information on this site without the knowledge
and permission of your parent or guardian. Contests that are held on
this site may be limited to persons above a certain age. Accordingly, we
ask each contestant to provide year of birth, as well as name, address,
and e-mail address. If the year provided indicates that the contestant
is underage, the information submitted is deleted. Information submitted
in order to participate in a contest is not used for any other purpose.
Please refer to the specific age requirements for each contest as rules
may vary from contest to contest.
No personal information collected on this site is shared with third
parties, except that information may be shared with those with whom we
contract to carry out the internal operations of the site (for example,
to send you a promotional item that you have requested on the site.).
These contractors have agreed with us to use personal information of
site visitors only for the purposes of carrying out these operations.
The operator of this site is MarketPlace Music, 119 S. Warren Street,
Trenton, New Jersey, 08608. If you have questions concerning this
Privacy Policy (and not other questions relating to MarketPlace Music
and their Artists), please
click here and send us an email. (For other questions relating to
MarketPlace Music and our Artists, please
click here.)
This policy may change as our site develops and grows, so please
re-visit this page as often as you wish.
Last Revised: 17 May 2004 |
