General Terms of Service
1. ACCEPTANCE OF TERMS
Plug My Music Entertainment LLC. (“Plug My Music” or “we,” “us” or terms of similar meaning) welcomes you to PlugMyMusic.com (the “Site”). Plug My Music provides the Services (defined below) to you subject to the following General Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice to you. By accessing and/or using the Services, you accept and agree to be legally bound by all terms and other provisions of the TOS. In addition, your use of particular Services may also be subject to any posted guidelines or rules applicable to such particular Services, which may be posted and modified from time to time in our sole and absolute discretion. For example, guidelines and rules may differ depending on user type and/or Services used. All such guidelines or rules (including but not limited to our Plug My Music Additional Terms of Service for Paid Subscribers are hereby incorporated by reference into the TOS. It is important to know that different Plug My Music Services are governed by different Terms of Service, all of which will be addenda to these General TOS. Plug My Music will be the sole decision maker as to whether there has been a violation of the TOS.
2. DESCRIPTION OF SERVICES
Plug My Music provides users with a forum for creating a personal profile and sharing, showcasing, sharing, reviewing, evaluating and enhancing one’s talents and the talents of others, participation in various activities, as well as access to Plug My Music’s resources, which includes without limitation, various communications tools, boards, search services, evaluation services, contests, personalized content and branded programming and sponsored messages, which may be accessed through any various medium or device now known or hereafter developed (the “Services”). In addition to your acceptance of and agreement to be bound by the TOS and all other terms which may apply to the Services and/or your use of them, you also understand and that many of the Services require a paid subscription for participation, that the Services may include advertisements and that these advertisements provide support necessary for Plug My Music to provide some or all of the Services. You also understand and agree that the Services may include certain communications from Plug My Music, such as service announcements, administrative messages and newsletters, and that these communications are considered part of the Services and Plug My Music membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Plug My Music opportunities, competitions, casting calls, events or other activities, shall be subject to the TOS and any other applicable terms, conditions, rules or guidelines, as updated, amended, supplemented or otherwise modified from time to time.
You understand and agree that the Services are provided “AS-IS” and that Plug My Music assumes no responsibility for the accuracy, appropriateness, timeliness, improper delivery, deletion or failure to store any user content, communications or personalization settings. You alone are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You alone are responsible for those fees, including those fees associated with the display or delivery of advertisements. Without limiting the foregoing, you understand and agree that you must provide and are responsible for all equipment necessary to access the Services, and that the technical processing and transmission of the Services, including your “Content” (defined in Section 6 below) and advertisements, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that the Services may contain mature content that is only suited to adults. You must be at least 18 years of age to access and view such content. Anyone under the age of 18 may only use or access the Services with the knowledge, consent and oversight of a parent or legal guardian. We will endeavor with commercially reasonable effort to limit access to such content as provided in the TOS, but will not be responsible for our failure to do so.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. Without limiting Section 4 below, you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Plug My Music Service’s registration process (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may only have one profile. If you provide any information or other content that is untrue, inaccurate, misleading, not current or incomplete, violates applicable law or in any way infringes or violates or rights of others, whether other members, participants or other third parties, or Plug My Music has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete, violates applicable law or in any way infringes or violates the rights of others, whether other members, participants or other third parties, Plug My Music has the right, but not the obligation to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) without liability or obligation. You must be aged 13 or over to use or access the Services; provided a child may be permitted to use or access the Services with the knowledge and consent of a parent. Any parental consent will be confirmed through means deemed desirable to Plug My Music, including without limitation use of credit card verification.
Parents: You, as a consenting parent, are responsible for reviewing and abiding by these TOS, overseeing your child’s use of the Site and you have an ongoing responsibility to determine whether any of the Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
Children’s Privacy and Safety
This Site is not intended for use by persons under the age of thirteen without the knowledge, consent and oversight of a parent. Individuals who are under thirteen are expressly prohibited from posting any personally identifiable information about themselves or from uploading any Content to the Site unless in connection with the knowledge, consent and appropriate oversight by a parent. These TOS apply to the parents of minors who use or access the Services or the Site as though the child’s use is the parent’s use. Therefore, the parent takes all responsibility for the parent’s and the child’s use or access to the Site because the parent is assisting in the participation by children 13 and under.
By enabling the creation of an account for a child, you as the parent hereby acknowledge and agree that you (on behalf of yourself and your child) hereby release and discharge Plug My Music Entertainment, LLC., Plug My Music, Plug My Music.com and any subsidiaries, affiliates, officers, employees, agents, partners and licensors of the foregoing (collectively, “Plug My Music Parties”) from all liability to you and your child for any claims that the use of any Content created or shared by the parent or child or other use of the Services violates any of your rights or your child’s rights, including intellectual property rights or rights of publicity or privacy. Further, you (on behalf of yourself and your child) covenant not to sue or take (or participate in) other legal action against any Plug My Music Parties with respect to the creation or use of any Content shared or other use of the Services as authorized in these TOS. You also acknowledge and agree that neither you nor your child will be entitled to any additional compensation for the use of any of the Content by Plug My Music or any other Plug My Music Party or other person on their behalf as authorized under these Terms.
For safety reasons, please don’t include any direct contact information on your child’s profile, such as phone numbers or email addresses, or any places where the child may be located (schools, etc.).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select or receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Plug My Music of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Plug My Music cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
By creating an account, you agree to do the following: (i) provide accurate, current and complete Registration Data; (ii) maintain the security of your password and identification; (iii) maintain and promptly update your Registration Data and other information, and any other information you provide to Plug My Music, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to your registration data and other information you provide to Plug My Music. You are responsible for safeguarding the password that you use to access the Site or Services. When you register, you should use a strong password, including a combination of upper and lower case letters. We suggest that you not use the same password that you use for other applications or services.
5. Plug My Music PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of the Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Plug My Music and its affiliates.
6. MEMBER CONDUCT / SELF POLICING POLICY
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Plug My Music , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Plug My Music does not pre-screen and exercises no control (or the minimal control contemplated by these TOS) over the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Plug My Music be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You agree to not use the Services to, or which may foreseeably:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Plug My Music official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers or other data or information in order to disguise the origin of any Content transmitted through the Plug My Music Service;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (for example, without limitation, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any person;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those forums that are designated for such purpose;
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
You acknowledge, consent and agree that Plug My Music may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Plug My Music, its users and the public.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Plug My Music and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
Self-Policing Community
We here at Plug My Music are working hard to promote respectful behavior & content and provide an environment free from abusive content. To do this, we rely on people like you. If you see something on the Site or any related website that you believe violates these TOS or additional terms applicable to that forum, please report it to us.
You acknowledge and agree that reporting something doesn’t guarantee that it will be removed because it may not violate our policies as in place from time to time or doing so may violate the rights of others.
7. INTERSTATE NATURE OF COMMUNICATIONS ON PLUG MY MUSIC NETWORK
When you register with Plug My Music , you acknowledge that in using the Services to send electronic communications (including but not limited to email, search queries, sending messages to Plug My Music member, participants or groups, uploading photos and other files, and other Internet activities), you will be causing communications to be sent through Plug My Music’s computer networks, portions of which are located globally . As a result, and also as a result of Plug My Music ‘s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations http://www.bis.doc.gov/index.p
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES
Plug My Music does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant Plug My Music the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Plug My Music, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services. This license shall be limited for the sole purposes of providing and promoting the specific Plug My Music Service which such Content was submitted or made available and related services. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or Plug My Music removes such Content from the Services; provided Plug My Music may store and use it privately for education, training and quality purposes.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Services other than through private groups or communications, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services shall be limited to the sole purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or Plug My Music removes such Content from the Services; provided Plug My Music may store and use it privately for education, training and quality purposes.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Services other than Plug My Music Groups, the perpetual, irrevocable and fully sublicensable license shall be to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Services are those areas of the Plug My Music network that are intended by Plug My Music to be available to the general public, which includes anyone using the services or visiting the Site with or without paid subscription. By way of example, publicly accessible areas of the Services would include Plug My Music message boards, profiles, competitions and other portions of the Services that are open to both paid and non-paid members. However, publicly accessible areas of the Services would not include portions of Plug My Music Groups that are limited to specific types of members or Services intended for private communication such as with evaluators.
10. CONTRIBUTIONS OF IDEAS OR SUGGESTIONS TO PLUG MY MUSIC
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Plug My Music as suggestions or feedback, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Plug My Music is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Plug My Music shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Plug My Music may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Plug My Music without any obligation of Plug My Music to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Plug My Music under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Plug My Music and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including Content, advertisements, Software and your Plug My Music ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Plug My Music may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages, votes, postings or other uploaded Content will be retained by the Services, the maximum disk space that will be allotted on Plug My Music’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Plug My Music has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Plug My Music reserves the right to remove data or information after, or completely log off accounts that are inactive for, an extended period of time. You further acknowledge that Plug My Music reserves the right to modify these general practices and limits from time to time.
Plug My Music message services, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Plug My Music accounts located on Plug My Music servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Plug My Music too. Your agreement to this TOS constitutes your consent to allow Plug My Music to store these communications on its servers.
14. MODIFICATIONS TO SERVICES
Plug My Music reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Plug My Music shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
15. TERMINATION
You may terminate your Plug My Music account by submitting such termination request to Plug My Music, by following termination instructions or by allowing any subscription to lapse, if applicable.
You agree that Plug My Music may, without prior notice, immediately terminate, limit your access to or suspend your Plug My Music account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Plug My Music’s sole discretion and that Plug My Music shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
Termination of your Plug My Music account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
16. DEALINGS WITH ADVERTISERS, TALENT AGENTS OR OTHERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, talent or other agents or other persons found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, agent or other person. You agree that Plug My Music shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
17. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Plug My Music is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Plug My Music 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. PLUG MY MUSIC’S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Plug My Music or the applicable licensor (such as an advertiser, agent, evaluator or other person), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content or the Software, in whole or in part.
Plug My Music grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that, subject to limitations of applicable law or contract, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Plug My Music for use in accessing the Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLUG MY MUSIC ENTERTAINMENT, LLC., PLUG MY MUSIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PLUG MY MUSIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUG MY MUSIC OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLUG MY MUSIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLUG MY MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PLUG MY MUSIC SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLUG MY MUSIC SITE OR IN CONNECTION WITH THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO PLUG MY MUSIC OR THE SERVICES.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
23. NOTICE
Plug My Music may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
24. TRADEMARK INFORMATION
You agree that all of Plug My Music’s trademarks, trade names, service marks and other Plug My Music logos and brand features, and product and service names are trademarks and the property of Plug My Music Entertainment LLC. (the “Plug My Music Marks”). Without Plug My Music’s prior permission, you agree not to display or use in any manner the Plug My Music Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legis
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Plug My Music’s Designated Copyright Agent. Upon receipt of the notice as described below, Plug My Music will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement:
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; and (ii) “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to Plug My Music’s Designated Copyright Agent:
By email: info@plugmymusic.com
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Plug My Music and governs your use of the Services, superseding any prior version of this TOS between you and Plug My Music with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Plug My Music each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Plug My Music, shall be brought exclusively in the courts located in the county of Detroit , Michigan or the U.S. District Court serving such county of Michigan . You and Plug My Music agree to submit to the personal jurisdiction of the courts located within the county of Detroit, Michigan and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Plug My Music to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Plug My Music account is non-transferable and any rights to your Plug My Music ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. VIOLATIONS
Please report any violations of the TOS to info@plugmymusic.com
Plug My Music.com Additional Terms of Service
By becoming a paid subscriber to the Plug My Music or by using the Site for members only services or activities, such as participation in competitions, events, evaluations or other activities, whether as a talent member, fan, industry professional, celebrity, advertiser, etc., you also agree that you are subject to these additional Terms of Service as well as the Plug My Music General Terms of Service, which is available at www.plugmymusic.com (the “TOS”) and any additional terms or conditions incorporated by reference therein, which together shall be deemed this “agreement”. For clarity, subscriber services used by, through or in connection with plugmymusic.com constitute a “Service” as defined in the Plug My Music General Terms of Service. This agreement is subject to change or updated by Plug My Music at any time without notice to you. Capitalized terms not defined herein but defined in the TOS or any other terms, conditions, rules or guidelines of Plug My Music, shall use those definitions.
Payment Obligation and Credit Card Authorization
All subscription/membership fees are non-refundable.
The Subscriber is responsible for paying periodic subscription fees, and hereby authorizes Plug My Music to charge the subscriber’s credit card, debit card, or bank account (if applicable), to pay for the ongoing cost of subscriptions/membership fees via automatic debit. Subscription plans, offerings and length of terms offered may vary by site. Unless specifically stated, subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the Subscriber terminates the subscription by contacting customer support at least two business days prior to the renewal date. When termination is requested by a Subscriber, there is no refund for any unused portion of the current subscription. Subscriber acknowledges and agrees that the authorization to charge Subscriber’s credit card for services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. Should Subscriber request a refund which is denied for a valid reason under these Terms of Service, and should Subscriber subsequently file a claim against Plug My Music, Plug My Music shall be entitled to collect from Subscriber all costs (including attorney’s fees) associated with defending such a claim.
To protect against potential fraud and/or to validate or authenticate users and, if applicable parental knowledge and consent to their children’s use or access to Plug My Music, Plug My Music may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then crediting the same amount back to your credit card or otherwise ceasing the transaction, and also may include asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Plug My Music will only use this process to screen for fraud, parental permission or the like and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Plug My Music with your credit card information, you authorize Plug My Music to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
Free Trial Memberships and Coupons
Some Plug My Music agents, partners or representatives may occasionally offer promotional free trial memberships to the members only services. Subscribers that sign up for a free trial membership will be automatically renewed at the normal subscription rate at the end of the trial period, unless the Subscriber cancels at least two business days before the end of the trial.
Only one free trial period is allowed per subscriber. Subsequent subscriptions do not qualify for free trials.
Some Plug My Music sites may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By subscribing, you agree that you will be responsible for all payments as specified in the offer, and you agree that Plug My Music may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without notice or other communication to you.
Some sites will occasionally piggyback other free offers with the free trial offer. In this case, the user must actually complete the free trial and be charged one time before they are eligible to receive the additional free offer.
Subscription Packages
Plug My Music offers subscription packages for members and other participants, such as Industry professionals, celebrities or advertisers. Subscriptions to one type of package will not give the user access to certain services available under different packages. Subscription packages are automatically renewed according to the term selected by the subscriber unless otherwise specifically agreed to the contrary in writing. Each such package specifies what content is included.
Message Boards or other Forums
Subscriber-only message boards are included in many subscriptions. The accepted standards of conduct in these communities, as well as our other message board communities, are determined by the members of any given community. Subscribers and registered users agree that Plug My Music and its publishing partners have the right to enforce these standards, including deletion of posts and other content, blacklisting/banning users, or removing access to message boards with no refund to the Subscriber.
By subscribing, registering or using the sites, you agree that Plug My Music and or the publisher(s) and board moderators (if any) have the right, in addition to other rights, to delete your content or blacklist you or any other user at any time, if they believe that action is in the best interest of the Site or other applicable site, for whatever reason, and the reason need not be disclosed.
Subscriber Information
Subscriber must promptly inform Plug My Music of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Plug My Music is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service.
Access
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the subscription Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Plug My Music will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the subscription service is a breach of this Agreement and a violation of law.
Application, audition, and casting call guidelines
We recommend you check your federal, state or local government website for information on children working in the entertainment industry, including the laws around work hours, parental consent forms, supervision, and employment.
Please note: When applying to Casting Calls or Auditions on Plug My Music, all contact with Industry Professionals should be made by the parent or guardian. A parent or guardian must also accompany minors to any auditions or castings.
Always carefully read any legal documents and release forms that you are signing on behalf of your child. You need to understand what you’re reading and what the implications are.
Warranty
NO WARRANTY IS MADE BY PLUG MY MUSIC REGARDING ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SUBSCRIPTION SERVICE OR OTHER SERVICES, AND TALENT JOE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE SUBSCRIBER HEREBY WARRANTS AND REPRESENTS THAT HE OR SHE IS IN ALL RESPECTS IS QUALIFIED AND COMPETENT TO ENTER INTO THIS AGREEMENT.
Limitation of Liability
Plug My Music is not obligated to monitor the content on this site. However, with respect to the use of the products and services offered on this site, Plug My Music reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Plug My Music’s sole discretion, without notice at any time.
This site may contain message board services, chat areas, communities, evaluation forums, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to provide, send and receive messages and other content that are proper and related to the particular facility, and to comply with all applicable laws and the General Terms of Service, this agreement and various notices or other publications of Plug My Music.
Plug My Music reserves the right, but is not obligated, to review any content posted or share and to remove any such materials and/or edit such content in its sole discretion, without notice at any time. In addition, Plug My Music reserves the right to terminate your access to any or all of the Services, including without limitation subscription services, at any time without notice for any reason whatsoever. Furthermore, Plug My Music reserves the right to terminate or change any part of the Site or any other site at any time.
Your access to and use of PLUGMYMUSIC.COM and the Services is at your own risk. Plug My Music, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the Site, or such products or services. Plug My Music makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site, or such products or services.
Without limiting the foregoing, PLUG MY MUSIC LLC., PLUGMYMUSIC.COM, PLUG MY MUSIC AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SPONSORS AND LICENSORS (Together, “PLUG MY MUSIC PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PLUG MY MUSIC PARTIES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL PLUG MY MUSIC PARTIES OR ANY PLUG MY MUSIC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TALENT JOE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.
You agree to defend, indemnify and hold Plug My Music LLC., Plug My Music and all other Plug My Music Parties harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with Plug My Music or your use of this site.
Use Restriction
Subscribers agree that they will not copy, publish, or in any way make available publicly any private or subscription-only content, pictures, interviews, features, or any other information from the Site or any related sites, without express written permission from Plug My Music. Subscribers agree that, should they do so, Plug My Music reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted content or other information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
You agree that you will not use the Site to advertise any product or service other than those sponsored or intentionally facilitated by Plug My Music, without the express written permission of Plug My Music. You also agree that if you do use the Site or sites in such a manner, and are subsequently banned or blacklisted from the message boards, and then continue to post such advertising content under a new account, you will be liable for damages to Plug My Music in the amount of fair compensation for equivalent advertising frequently sold by Plug My Music to other advertisers, plus Plug My Music costs of collection, including attorneys’ fees. Due to difficulty in Plug MY Music assessing these damages and advertising opportunity costs, you agree that the minimum damage from violation of this provision will be $20,000 (without limitation on Plug My Music’ ability to prove actual damages in excess of this amount). You agree that if Plug My Music blacklists or bans you or cancels your subscription, you will cease and desist from any use of the Services.
Notices
Notices by Plug My Music LLC to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.
This agreement may be supplemented, amended or otherwise modified by Plug My Music from time to time without notice.