I. RIGHTS IN THE CONTENT YOU SUBMIT
By posting your Content using the Services, you are granting MusiciansIndex.com a non-exclusive,
royalty-free, perpetual, and worldwide license to use your Content in connection
with the operation of the Services, including, without limitation, the license
rights to copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Content, and/or to incorporate it
into a collective work.
As a general matter, you may post
content freely, so long as the content is not illegal, obscene, defamatory,
threatening, infringing of intellectual property rights, invasive of privacy or
otherwise injurious or objectionable. All project posted must comply with
MusiciansIndex.com Guidelines and definition of a Qualifying Project accordingly
with our terms & services.
You may not use the MusiciansIndex.com name to endorse or promote any
project, service, opinion, of any of your postings. Representation of your
posting as endorsed by MusiciansIndex.com is strictly prohibited.
By posting a project, you warrant and represent that you
either own or otherwise control all of the rights to that content, including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the content, or that your use of the content is a protected fair
use. You agree that you will not knowingly and with intent to defraud provide
material and misleading false information. You represent and warrant also that
the content you supply does not violate these Terms, and that you will indemnify
and hold MusiciansIndex.com harmless for any and all claims resulting from
content you supply. You acknowledge that MusiciansIndex.com does not pre-screen
or regularly review posted content, but that it shall have the right to remove
in its sole discretion any content that it considers to violate these Terms or
the terms of any other user agreements that may govern your use.
You, likewise, agree to represent yourself accurately. You acknowledge
that misuse of the Services may lead us, in our sole discretion, to cancel your
use of the Services and delete any of your Content. Additionally,
MusiciansIndex.com has the right to deactivate your account and may file suit
against you or any representative of your organization /representation if you or
your representatives violate or abuse the posting conduct defined
here. Compensation may be sought from you, for damage or possible damage to the
You agree that MusiciansIndex.com will not be liable, under any
circumstances and in any way, for any errors or omissions, loss or damage of any
kind incurred as a result of use of any content posted on this site. You agree
that you must evaluate and bear all risks associated with the use of any
content, including any reliance on the accuracy, completeness, or usefulness of
c. Account Data
If requested, MusiciansIndex.com will provide your account registration data and
information to any governing authority that requests them, regarding any
violations of this agreement. Your account data may also be provided to a third party, upon receipt of your
permission. Additionally, with your approval, your name may be used to endorse
the site and that you are actively using the site and the Services.
III. COPYRIGHT/COPYRIGHT COMPLAINTS
The data contained on the site are the property of MusiciansIndex.com
and protected by trademark/copyright and intellectual property laws.
MusiciansIndex.com respects the intellectual property of others, and requires
that our users do the same. If you believe that your work has been copied and is accessible on
this site in a way that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, please notify us at
The Digital Millennium Copyright Act requires that all infringement claims must
be in writing and must include the following information:
· A physical or electronic signature of the copyright owner or the person
authorized to act on its behalf;
· A description of the copyrighted work claimed to have been infringed;
· A description of the infringing material and information reasonably sufficient
to permit MusiciansIndex.com to locate the material;
· Your contact information, including your address, telephone number, and email;
· A statement by you that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and A statement that the information in the notification is
accurate, and, under the pains and penalties of perjury, that you are authorized
to act on behalf of the copyright owner
While we are under no obligation to police the site, we will try to remove or
deal with any parties that are in violation.
By submitting the 'Join' form, you acknowledge that you have read and are bound by this
agreement, as well as any other MusiciansIndex.com network usage agreements that
may govern your conduct.
You hereby grant MusiciansIndex.com (hereby known as the "Company) the
royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display all content, remarks, suggestions, ideas,
graphics, or other information communicated to "Company" through this site
(together, hereafter the "Submission"), and to incorporate any "Submission" in
other works in any form, media, technology now known or later developed.
"Company" will not be required to treat any "Submission" as confidential, and
may use any "Submission" in its business (including without limitation for
products or advertising) without incurring any liability for royalties or any
other consideration of any kind, and will not incur any liability as a result of
any similarities that may appear in future "Company" operations.
"Company" will treat any personal information that you submit through this site
V. $100 GIVEAWAY & WINNER BOX CONTEST RULES
One lucky registered member of www.musicansindex.com will be picked at random
quarterly. The winner will be paid $100.00 cash to their paypal account and
placed into the "Winner's
Box" until the next winner is picked. A quarter is defined as (3)
three months from the end of the last entry cutoff date. So basically every (3)
three months one winner will be picked, then closing the current quarter and
beginning a new one. All members registered by the cutoff date will then have 10
days to complete, and be in compliance with the eligible requirements shown
below. The winner will then be picked by the 15th day after the entry cutoff
date and posted publicly by the 1st of the following month. The previous entry cutoff date for the September drawing was on 9/1/2011
at 11:59pm (PST) (due to a 1 month summer extension). The next entry cutoff date
for the December drawing will be on 12/1/2011 at 11:59pm (PST). Good luck to
To be eligible for entry into the contest, all of the
following must be true:
You are a confirmed registered member of
MusiciansIndex.com with an active current email address accepting
You have completed all of the Profile
Preferences - Profession, Type, Instrument, Style, Country,
(State, Province or Territory), and City.
You have set a photo for your main Profile
Picture (either stock avatar photo or uploaded your own).
You have written a short Bio summary of at least
two sentences related to your Profession or Music Industry service
in the 'Bio' section of your M.I. Site.
You are part of the Top 40 most active members on
the site, determined solely by the MusiciansIndex.com staff, taking
into consideration the number of M.I. Buddies, M.I. Points, and
Personal Referrals during the contest period.
You are at least 18 years of age.
You have entered a current & valid Paypal account
username (email address), capable of being sent a $100 USD payment, in
the Income Status page of the M.I. Income Builder. The Paypal
account must be in the same name as the registered
MusiciansIndex.com member. Please
contact support if you are
having trouble finding the Paypal entry form.
If picked as a winner for the contest, you agree to
allow MusiciansIndex.com to post publicly on the internet and in offline
print your profile picture, username, and URL address to your M.I. Site
profile page, as well as any testimonial in writing from you and proof
that you won the contest and were paid. Present winners will be excluded
from the next drawing (sorry, no consecutive winners allowed).
It is entirely the sole discretion of
MusiciansIndex.com to decide how one of the eligible participants will
be chosen at random to be the winner. If for some reason
MusiciansIndex.com is unable to pay the winner due to, but not limited
to, situations such as false information, a new winner will be picked at
random as stated before. The winner must also be in agreement and
accordance with all other terms of service provided here, in the
Affiliate Agreement for the M.I. Income Builder, and throughout the rest
of the website. Play fair and no one eligible gets left out!
MusiciansIndex.com reserves the right to change, at any time, at our sole
discretion, the Terms under which these Services are offered. You are
responsible for regularly reviewing these Terms. Your continued use of the
Services constitutes your agreement to all such Terms. This includes the contest
rules shown above.
VII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided on an “as is” and “as available” basis.
MusiciansIndex.com makes no representations or warranties of any kind, express
or implied, as to the site’s operation or
the information, content or materials included on this site. To the full extent
permissible by applicable law, MusiciansIndex.com hereby disclaims all
warranties, express or implied, including but not limited to implied warranties
for any particular purpose.
MusiciansIndex.com, it’s vendors, employees, or partners are in no way
responsible for any costs that you may sustain while using MusiciansIndex.com
services. This includes any incurred costs such as, lost time, wages,
reputation, punitive or otherwise, while using MusiciansIndex.com.
MusiciansIndex.com will not be liable for any damages of any kind arising from
the use of or inability to use this site.
You understand that "Company" cannot and does not guarantee or warrant that
files available for downloading from the internet will be free of viruses,
worms, Trojan horses or other code that may manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to this site for
the reconstruction of any lost data. "Company" does not assume any
responsibility or risk for your use of the internet.
The "Content" is not necessarily complete and up-to-date and should not be used
to replace any written reports, statements, or notices provided by "Company."
Investors, borrowers, and other persons should use the "Content" in the same
manner as any other educational medium and should not rely on the "Content" to
the exclusion of their own professional judgment. Information obtained by using
this site is not exhaustive and does not cover all issues, topics, or facts that
may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OUR COMPANY
DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. "COMPANY" DOES NOT
WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. "COMPANY" DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE,
OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS, AND "COMPANY" MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT
"COMPANY," ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICEING, REPAIR, OR
CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE
OR IT’S CONTENT. "COMPANY" MAKES NOT WARRANTIES THAT YOUR USE OF THE "CONTENT"
WILL NOT INFRINGE THE RIGHTS OF TOHERS AND ASSUMES NO LIABLILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted on this
site, and "Company" does not undertake any obligation to update such information
after it is posted or to remove such information from this site if it is not, or
is no longer, accurate or complete.
VIII. Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES,M LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE
LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF "COMPANY" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF "COMPANY" AND ITS
SUBISDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF US$50 OR THE AMOUNT YOU HAVE PAID TO
"COMPANY" FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH
You will indemnify and hold "Company," its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors (hereafter "Indemnified Parties")
You agree that the "indemnified Parties" will no liability in connection
with any such breach or unauthorized use, and you agree to indemnify any
and all resulting loss, damages, judgments, awards, costs, expenses, and
attorney's fees of the "Indemnified Parties" in connection therewith.
You will also indemnify and hold the "Indemnified Parties" harmless from
and against any claims brought by third parties arising out of your use
of the information accessed from this site.
Trademarks, service marks, and logos appearing in this site are the
property of "Company" or the party that provided the trademarks, service
marks, and logos to "Company." "Company" and any party that provided
trademarks, service marks, and logos to "Company" retain all rights with
respect to any of their respective trademarks, service marks, and logos
appearing in this site.
XI. Information You Provide
You may not post, send, submit, publish, or transmit in connection with
this site any material that:
- you do not have the right to post, including proprietary material of
any third party;
- advocated illegal activity or discusses an intent to commit an illegal
- does not pertain directly to this site;
- threatens or abuses, libels, defames, invades privacy, stalks, is
obscene, indecent, vulgar, pornographic, racist, harassing, threatening
-seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or
person, including violating any copyright of trademark or rights of
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the
origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products
or services) or otherwise engages in any commercial activity (e.g.,
conducing raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be specifically authorized
on this site;
- solicits funds, advertisers, or sponsors;
- includes programs which contain viruses, worms, and/or Trojan horses
or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware
- disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which
effects the ability of other people to engage in real time activities
via this site;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time to time
regarding use of this site or any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls
within the descriptions set forth above.
Although under no obligation to do so, "Company" reserves the right to
monitor use of this site to determine compliance with these Terms of
Use, as well as the right to remove or refuse any information for any
reason. Notwithstanding these rights, you remain solely responsible for
the content of your submissions. You acknowledge and agree that neither
"Company" nor any third party that provides "Content" to "Company" will
assume or have any liability for any action or inaction by "Company" or
such third party with respect to any submission.
Any passwords used for this site are for individual use only. You will
be responsible for the security of your password (if any). "Company"
will be entitled to monitor your password and, at its discretion,
require you to change it. If you use a password that "Company" considers
insecure, "Company" will be entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools,
or network probing tools) is strictly prohibited. If you become involved
in any violation of system security, "Company" reserves the right to
release your details to system administrators at other sites in order to
assist them in resolving security incidents. "Company" reserves the
"Company" reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing "Company" to disclose
the identity of anyone posting any email messages, or published or
otherwise making available any materials that are believed to violate
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS "COMPANY" FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY "COMPANY" DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER "COMPANY" OR LAW ENFORCEMENT
of the State of California, USA, notwithstanding any principles of
conflicts of law, You specifically consent to personal jurisdiction in
the State of California in connection with any dispute between you and
exclusive venue for any dispute between the parties arising out of these
will be in the State and Federal courts in Los Angeles, California. If
part will be deemed severable and will not affect the validity and
constitute the entire agreement among the parties relating to this
subject matter. Notwithstanding the foregoing, any additional terms and
conditions on this site will govern the items to which they pertain.
Last updated: October 4th, 2011