WELCOME TO MeloSounds.com
Here at MeloSounds.com ("The Site") we run a service for bands / musicians, as well as offering other Web / Software and Computing Services. Our service is designed to give you as much control and ownership over what goes on your musician / band website as possible. However, be responsible in what you do with your musician / band website. In particular, make sure that none of the prohibited items listed below appear on your website or get linked to from your band website (things like spam, viruses, or hate content).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, You agree to become bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Service or use any services. If these terms and conditions are considered an offer by MeloSounds.com, acceptance is expressly limited to these terms.
1: Your MeloSounds.com Account and Site
If You create a band website on the Service, You are responsible for maintaining the security of your account and band website, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with your band website. You must not describe or assign keywords to your band website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MeloSounds.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MeloSounds.com liability. You must immediately notify MeloSounds.com of any unauthorised uses of your band website, your account or any other breaches of security. MeloSounds.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- You must be 18 years or older to use the Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. MeloSounds.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You understand that MeloSounds.com uses their own hosting servers to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MeloSounds.com customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage exceeds the average bandwidth usage (as determined solely by MeloSounds.com), we reserve the right to charge additional fees for your bandwidth consumption, or throttle your file hosting and delivery until you can reduce your bandwidth consumption, or immediately disable your account.
2: Responsibility of Contributors
If You operate a band website, comment on a band website, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, photos, an audio file, or computer software. By making Content available, You represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property You create, You have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your band website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your band website is not named in a manner that misleads your readers into thinking that You are another person or company. For example, your band website's URL or name is not the name of a person other than yourself or company other than your own; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MeloSounds.com or otherwise.
The Service provides users with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, You:
- acknowledge that by Submitting any User Submission to the Site, You are publishing that User Submission, and that You may be identified publicly by your User ID in association with any such User Submission;
- by Submitting any User Submissions through the Site or the Service, You hereby do and shall grant MeloSounds.com a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and MeloSounds.com (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to MeloSounds.com does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
- You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
- that the use or other exploitation of such User Submissions by MeloSounds.com and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
- understand that MeloSounds.com shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by You; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that MeloSounds.com will not be liable for any errors or omissions in any content; and that MeloSounds.com cannot guarantee the identity of any other users with whom You may interact in the course of using the Service.
MeloSounds.com does not endorse and has no control over any User Submission. MeloSounds.com cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by You using the Service is at your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom.
Without limiting any of those representations or warranties, MeloSounds.com has the right (though not the obligation) to, in MeloSounds.com sole discretion (i) refuse or remove any Content that, in MeloSounds.com reasonable opinion, violates any MeloSounds.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in MeloSounds.com sole discretion. MeloSounds.com will have no obligation to provide a refund of any amounts previously paid.
3: Fees and Payment
By selecting a paid service You agree to pay MeloSounds.com the monthly or annual subscription / commission fees indicated for that service. Payments will be charged 1 month after the day You sign up for the service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable. Prices of all services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MeloSounds.com Site (www.MeloSounds.com) or the Service itself. MeloSounds.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4: Responsibility of Website Visitors
MeloSounds.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, MeloSounds.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MeloSounds.com disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
As a condition to using certain features of the Service, you may be required to provide certain personal information to relevant artists, including but not limited to your email address, country of residence and zip/postal code ("Fan Information"), in order to join the relevant artist's mailing list, to register on the relevant artist's website, and/or to join the relevant artist's online community or "fan club". As a condition to each such artist's right to receive such Fan Information, MeloSounds.com requires each artist to agree to the terms set forth in its Artist Agreement. However, you acknowledge that MeloSounds.com has no control over the use of the Fan Information by the artists, and you further acknowledge and agree that MeloSounds.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the artist's use of such Fan Information.
5: Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MeloSounds.com links, and that link to MeloSounds.com. MeloSounds.com does not have any control over those non MeloSounds.com websites and webpages, and is not responsible for their contents or their use. By linking to a non MeloSounds.com website or webpage, MeloSounds.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MeloSounds.com disclaims any responsibility for any harm resulting from your use of non MeloSounds.com websites and webpages.
6: Copyright Infringement and DMCA Policy
As MeloSounds.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by MeloSounds.com violates your copyright, You are encouraged to notify MeloSounds.com in accordance with MeloSounds.com's Digital Copyright Act ("DCA") Policy. MeloSounds.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MeloSounds.com or others, MeloSounds.com may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, MeloSounds.com will have no obligation to provide a refund of any amounts previously paid to MeloSounds.com.
7: Intellectual Property
This Agreement does not transfer from MeloSounds.com to You any MeloSounds.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MeloSounds.com. MeloSounds.com, the MeloSounds.com logo, and all other trademarks, service marks, graphics and logos used in connection with MeloSounds.com, or the Service, are trademarks or registered trademarks of MeloSounds.com or MeloSounds.com's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants You no right or license to reproduce or otherwise use any MeloSounds.com or third-party trademarks.
MeloSounds.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. MeloSounds.com may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MeloSounds.com may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or your MeloSounds.com account (if You have one), You may simply discontinue using the Service. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10: Disclaimer of Warranties
The Service is provided "as is". MeloSounds.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MeloSounds.com nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
11: Limitation of Liability
In no event will MeloSounds.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to MeloSounds.com under this agreement during the twelve (12) month period prior to the cause of action. MeloSounds.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12: General Representation and Warranty
You agree to indemnify and hold harmless MeloSounds.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between MeloSounds.com and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of MeloSounds.com, or by the posting by MeloSounds.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in England, United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in England, UK, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MeloSounds.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.