Welcome to
Music Cleveland!A site dedicated to the
interest of Artist
and Musicians in the Music Entertainment Industry.We look forward to having you as part of our
family and hope you enjoy the services offered.We look forward to your involvement with Music
Cleveland.Before
you begin, please take a moment to
review this Member User Agreement.By
joining our community, you are agreeing to comply with the following
terms of
service.Please
review the following
terms carefully as outlined below.It is
important that you understand the benefits Music Cleveland can provide,
as well
as our limitations.The
terms “Music
Cleveland”, “us” or
“our” refers to Music Cleveland.com, the legal name
of this
web site.The term
“you”, “your”,
“user”, or “member”, refers to
you, the viewer or user of this website, Music
Cleveland.com.The
agreement is an
agreement between you and Music Cleveland.com, and furthermore applies
to all
websites owned or operated by Music Cleveland or Music Cleveland.com
1. Acceptance of
Agreement
Any
interaction between you and this site signifies
your acceptance of the “Terms and Conditions” of
this user agreement.When
you complete the membership process you
are a member and agree to comply with the “Terms and
Conditions” as outlined in
this “User Agreement”.This agreement
may be updated from time to time without any specific notice to you and
supersedes any previous or prior agreement which was provided at our
site.You are urged
to review this agreement
periodically as it will always be available for viewing at our site.Continued use of our site
from you would
indicate acceptance to any changes made to our “User
Agreement”.
2. Third Party
Content/Sites
Third party
provider content may be accessible
through our site, either as a link to or, material may appear on our
site, and
may be available for use by the user.The use of any third party provider services
is subject to the terms
given or posted by these third party providers. Music
Cleveland is not
responsible for any content, changes to, mistakes or accessible links
of any
third party content and assumes no liability as we have no control over
third
party content.Links
are provided only
as a courtesy to our customers and/or members of Music Cleveland.Third party site content
represents their
opinions and thoughts and is neither endorsed by or does it reflect our
belief.You are
aware that we do not operate or have
control over any third party services or products and imply no
warranties of
such use. Any accepted third party
offer that you opt
for will by subject to the terms, rules or regulations of the third
party
site(s) and will signify an agreement between you and the respective
third
party(s).Any
interaction with any third
party site(s) is at your sole discretion, and at your own risk.
3. Age
Restriction
Music Cleveland was not
developed for, or intended to be used by children or persons under 13
years of
age.Music Cleveland does
not knowingly collect information from persons under 13 years of age.Music Cleveland
requires minors between the ages of 13 and 17 to obtain specific
permission
from a parent or legal guardian before subscribing to any or our
services or
making any purchases.Any
question
about Music Cleveland services, products or its content should be
emailed to info@musiccleveland.com.
4. Service
Interruption
We are
dedicated to providing you with uninterrupted
access to our site.Even
with the best
of intent, we cannot always foresee or anticipate technical problems or
other
problems that may contribute to unforeseen difficulties.These problems, if they
arise, may present
problems such as loss of data, problems with personal settings, or
other
operating service interruptions out of our control.Music Cleveland does
not assume any responsibility for loss of user data, personalization
settings
or any other problems which could arise out of, and including any
communication
problems on our site(s) or any third party provider sites.For this reason, any
interaction or service
provided is provided “As Is”.
5. User
Discontinuance
Music Cleveland
reserves the right to terminate, change, discontinue or suspend,
temporarily or
permanently, your ability to access or interact with our web site(s) at
anytime, and without any notice.Furthermore,
you agree that Music Cleveland will not be held for any liable
regarding any
interruption or discontinuance of any third party provider site(s) or
service(s).
6. Monitoring
We strive to
provide a safe and enjoyable online
experience for our members and users.At
our discretion we may monitor activity on our website(s) including but
not
limited to, story boards, message boards, profiles, personal messages
or
comments conducted on our website(s) to comply with laws, regulations
and this
user agreement to which you have agreed.We also ask that you report or bring to our
attention anyone who is not
following established guidelines or suggest any actions deemed
inappropriate or
unethical.We do
not imply any
warranties to content on our site(s) or any third party provider
site(s) and
you agree that we can not be held liable for any such content.
7. Privacy
Our Privacy Policystates in full our
policy regarding how we handle
information that we automatically collect about you or that you choose
to
submit to us.Your
use of this site or
its services signifies your acceptance of and consent to the
information
practices outlined in our Privacy Policy.
8. User
Guidelines
To comply
with applicable laws and regulations,
Music Cleveland has some basic guidelines that apply to all users and
members
which must be adhered and agreed to.We
hope you find these guidelines acceptable as we aim to make this site
an
enjoyable experience for all users and members of Music Cleveland.However, if we
feel any of the following
guidelines have been violated or have reasonable just cause to assume,
Music
Cleveland at its discretion, may deny access, suspend or terminate your
account
or membership at any time deemed necessary.For this reason, please read and follow the
guidelines carefully.
Users/Members
shall not knowingly provide any information that is false, misleading
or inaccurate.
If you are
under the age of 13 you are strictly prohibited from using,
registering, submitting information or becoming a member of this site.Music Cleveland will not
knowingly collect any information from persons under 13 years of age.Any information submitted
by such users may be not knowingly be used, submitted or posted by
Music Cleveland.
Users/Members
shall not use any information obtained from Music Cleveland for
unlawful purposes.Users/Members
furthermore must comply with all applicable local, domestic and
international laws, statutes, ordinances or regulations that apply.
This website
is intended for your personal use.Others, to whom you have granted use or
have provided access to, become your responsibility. To
imitate, pretend, or impersonate to be someone other than you is
strictly prohibited when using this site.
You agree not
to use this site or any of its services for any illegal purposes, or
for transmitting material that is deemed unlawful, harassing, harmful,
threatening, abusive, obscene, sexually explicit, vulgar, libelous,
defamatory, hateful, racially motivated, or unethical, or otherwise
objectionable, includinginvading
another’s privacy , or that which infringes the copyrights
(the legal owner of written material), or the intellectual property
rights of others.
Users/Members
are not to provide or post on or through our site any text, graphics,
photographs, images, video, audio or any other material which
constitutes junk mail, spam, advertisements or any form of commercial
solicitation.
Users/Member
agree not to modify, translate, edit, adapt, decompile, disassemble,
reverse engineer or interfere with any of the programs or software used
by this site or any third party provider sites or interfere with
another persons use of this site.
Users/Members
shall not claim to be sponsored by, backed by, endorsed by, or
otherwise affiliated with Music Cleveland if such claims do not legally
exist.
9. User Content
You agree and
acknowledge that Music Cleveland,
affiliate(s) or site(s) do not endorse the content of any its user(s),
and will
not be held accountable, responsible or liable for any content, harmful
or
otherwise damaging, or services used for any illegal purposes, or for
transmitting material that is deemed unlawful, harassing, harmful,
threatening,
abusive, obscene, sexually explicit, vulgar, libelous, defamatory,
hateful,
racially motivated, or unethical, or otherwise objectionable, including
invading another’s privacy , or that which infringes the
copyrights (the legal
owner of written material), or the intellectual property rights of
others.Furthermore,
you are aware and acknowledge
that Music Cleveland can at anytime without notice and at their
discretion,
edit, remove, delete, or otherwise move any content or material from
its
site(s) or affiliated site(s) without being held accountable or liable
for such
actions.
10. Disclaimer of
Warranties
You
acknowledge that you are using this website at
your own risk.This
website is provided
“As Is” and “As Available”
basis.Music
Cleveland, or any of its affiliates, hereby expressly disclaim any and
all
warranties, expressed or implied, including but not limited to, any
warranties
of reliability, accuracy, merchantability, fitness for a particular
purpose or
non-infringement, or any other warranty, condition, guarantee or
representation, whether oral, in writing, or in electronic form,
including but
limited to, the accuracy or completeness of any information contained
therein
or provided by our site.Music
Cleveland makes
no warranty that services or products will meet your requirements or
that the products,
services or content obtained from or through Music Cleveland or its
third party
providers will meet your expectations.Music Cleveland does
not warrant any lost emails, communication difficulties, software
problems of
any kind, nor recognizes any warrantable liability for service
interruption,
failures, errors, omissions or loss of transmitted data including, but
not
limited to, any virus transmission.Any
material obtained or otherwise downloaded from our site is done so at
your own
risk, and you will be solely responsible for any potential personal
data loss,
or damages that could occur to your computer system.
11. Limitation of
Liability
You agree
that we or any of its affiliated parties
will not be held liable to you for any incidental, consequential,
direct, or
indirect harm or damages, including but not limited to, any damage
caused by
loss of business profits, business interruption, loss of data, software
loss,
or program loss or any other intangible losses resulting from the use
of any of
our services, products, content, or any other information obtained
through the
use or our site(s) or any of its affiliates, even if Music Cleveland
has been
advised that possibilities for such damages possibly exist.If any liability is found
against us or its
affiliates, if not withstanding with other provisions of this
agreement, in
connection with any claim against or relating to this site or its
affiliates,
with regards to any services, products, content, or any other
information
obtained from or through our site(s) herein or hereby shall not exceed
one U.S.
dollar ($1.00) in damages and that amount will be in lieu of any other
or all
other remedies which you may have against us or any of its affiliates.
12. Indemnification
You agree to
indemnify, defend, protect and
compensate in full, Music Cleveland, its sites, and any of its
affiliates,
employees, partners, agents, representatives, owners or third party
providers
and to hold each of them harmless from any and all claims of liability,
or
damages, including any attorney fees related to any violation or breach
of this
User Agreement by you or by means of an infringement of your account,
or from
any unauthorized use, or any such acts through your use of this website.
13. Jurisdiction
You agree
that this agreement, and all matters
pertaining to this agreement, shall be governed in accordance with the
laws of
the State of Ohio and not
withstanding to your actual place of residence.Furthermore, you agree that any lawsuit, or
alleged breach of agreement,
shall be brought and held exclusively in Federal or State courts in Ohio, and in
SummitCounty.You agree to hereby
irrevocably submit to the
exclusive personal jurisdiction of such courts for such purpose.In the event that any
provision of this agreement
is found to be in conflict with the law, such provision shall be
reinstated to
reflect the original intent, and all other terms and conditions shall
remain in
force and effect.
14. Copyrights
Music Cleveland
respects the intellectual property rights of others and ask that our
users
and/or members to do the same as outlined by the Digital Millennium
Copyright
Act (DMCA) of 1998.You
acknowledge and
agree that all content and material available on or through our site is
protected under applicable copyrights, trademarks, patents or other
proprietary
rights or laws including but not limited to intellectual property
rights.You agree
not to copy, redistribute,
reproduce, or use site content and/or materials unless specific
authorization
has been granted on our site or permitted elsewhere in this agreement.Furthermore, any copy or
download made by a
user(s) or its member(s) is intended for personal use only.Users or members
posting content,
information or materials on our site(s) does not constitute a waiver of
any
rights for any such content, information or materials.Content on our site(s) may also contain
copyrighted content, information or materials of third parties
protected by
aforementioned laws and/or intellectual property rights.Music Cleveland may, at
any time, at its discretion, terminate any user or member who posts
infringement content, information or materials on its site(s) or
terminate any
user or member, at its discretion, who violates the intellectual
property
rights of another.If
you believe your
work has been copied in any way which would constitute copyright
infringement,
or believe your intellectual property rights have been violated, please
contact
Music Cleveland.com to file a Complaint of Infringement by providing
the following
information as required by the Digital Millennium Copyright Act (DMCA),
17
U.S.C. Sec. 12.
a. A
physical or electronic signature of the person authorized to act on
behalf of
the owner of an exclusive copyright or other intellectual property that
is of
interest;
b. A
description of the copyrighted work or other intellectual property that
you
claim has been infringed;
c. The
whereabouts of the material located on our site that you are claiming
has been
infringed;
d. A valid
name, address, telephone number, and email address where the person
authorized
above may be contacted;
e. A
statement by you and in good faith belief that the disputed material
has not
been authorized by the copyright owner, the intellectual property right
owner,
its agent or the law; and,
f. A statement
made by you, that the information presented in your complaint is true
and
accurate, made under penalty of perjury, that you are the owner or
person
authorized to act on behalf of the owner for the copyrighted work or
other
intellectual property that you claim has been infringed.
15. Site Submissions
Music
Cleveland allows, through specific areas of
our site(s) the ability for you to post, upload or submit content which
may be
viewed by others or view content submitted by others.Submitted content can include, but is not
limited to, letters, stories, emails, data, reviews, testimonials,
editorials,
pictures and graphics.By
submitting
content, you agree and grant Music Cleveland or any of its affiliates
the
nonexclusive right to license and use, display, distribute, reproduce,
modify,
market, promote, and advertise such material as Music Cleveland deems
appropriate.You
agree that by
submitting your original or copyrighted content to Music Cleveland,
that you
have specifically granted Music Cleveland the license to publish said
content.You agree
by submitting content that you are
the owner of such content or that the owner of such content has agreed
that
content may be used without any fees or payment, that content has no
expiration
and any content used may be continuous or temporary in its use.You agree not to submit
any content that has
been copyrighted, trademarked or is the intellectual property of anyone
other
than yourself.
16. dvertising and
Sponsors
Music Cleveland counts
on advertisers and sponsors for their support and contributions so that
we may
offer our users and members outstanding services and programs.You agree that Music
Cleveland may post
advertisements or promotions on any of our sites or with any of our
services
offered. You
also agree that Music
Cleveland cannot be held liable in any way for any posted advertisement
that
has errors, illegible, inaccurate or any problems which may exist with
the
owner’s advertisement.Advertisers
and
sponsors are responsible for their own material in that it is accurate
and
complies with all applicable laws.
17. Registration/Account
Information
Registration
is required to become a “Member” and
registration will allow you access to various opportunities and
services that
Non-Members don’t normally have access to.If you are interested in becoming a
“Member” please complete the “Membership Discount Application Form”
located
elsewhere on this site.When
registering
you agree to provide accurate, true and up-to-date information and
agree that
the information provided is your information.You cannot misrepresent yourself, impersonate
or pretend to be someone
else when providing any registration information.If we believe you have misrepresented
yourself, we may at our discretion, conduct a full investigation and
enlist the
assistance of various law enforcement agencies.Any unauthorized access is a breach of
agreement and in violation of the
law.You are solely
responsible for
keeping your information current (i.e. changes in billing address,
credit card
expiration information) and responsible for maintaining the
confidentiality of
your account and responsible for the use of any passwords.We do not permit
registration sharing or
allow your account to be used by another person other than yourself or
allow
anyone access other than yourself using your name.Access is for a single registered user.You are fully responsible
for any activities
occurring within your account and / or use of passwords and it is your
responsibility to prevent any such unauthorized use.Music Cleveland
reserves the right to discontinue or deny any registration, membership
or
otherwise, prevent access to the site when Terms of Use have been
violated.
18. Termination/Cancellations
You
acknowledge and agree that Music Cleveland can
terminate your account or membership subscription at anytime, at its
discretion, and without notice, for any reason including but not
limited to,
any violation of this User Agreement.You may also cancel or terminate your account
or membership subscription
at any time, becoming effective on your current expiration date.Music Cleveland may
also, at its discretion, reserves the right to discontinue providing
this
service, or any part thereof, with or without notice, and may block any
access
to our site(s).
19. Suspension/Modifications
Music Cleveland
reserves the right to modify, change, suspend or discontinue,
temporarily or
permanently, the site(s) or services of Music Cleveland, or any part
thereof,
with or without prior notice or your consent. You
agree that Music Cleveland shall not be
held liable to you or to any third party for any such action taken. You
acknowledge and agree Music Cleveland reserves the right to make
changes,
otherwise substantially similar in nature, for products, services, or
memberships, charged to you and offered through our site(s).Music Cleveland
reserves the right to change, amend or institute new fees or billing
methods at
anytime, effective upon providing prior notice to you via online
posting, email
or print material.If
any changes made
are unacceptable to you, you may terminate your account or membership
at
anytime by contacting Music Cleveland.Your continued use of Music Cleveland sites or
services, following any
changes made, constitutes your acceptance and agreement to these
changes.
20. Payments/Fees/Credit
Cards
Music Cleveland or its
affiliates may charge fees associated with products, services or
memberships
offered through our site(s).You
are
responsible for these fees. Payments
may
be made with a major credit card, check, or money order, in U.S.
Dollars Only,
and made payable to Music Cleveland.If
paying for any fees with a major credit card, you agree and authorize
Music
Cleveland or third party service provider to charge your credit card
for any
purchases including any other charges incurred with the use of our
site(s).You must
be at least 18 years of age or have
explicit permission from the credit card holder to purchase any
products,
services or memberships offered through our site(s). Payments
for Music Cleveland’s Membership
Discount Program are not automatically renewable.It is your responsibility to renew payment
for your membership which had begun on the anniversary date your
application
was processed.The
expiration date will
be noted on your Membership Discount Program Personal Identification
Card.Please note
that all sales, fees and charges
are final and non-refundable once charged to your credit card with
exception to
cases of fraud.If
payment charged to
your credit card, is returned, insufficient or not received from the
issuer of
the credit card or its agent, you agree to pay the amount or balanced
owed to
Music Cleveland.You
acknowledge and
agree Music Cleveland will not be held accountable for paying any
charges
billed to your credit card by a third party, which were not
specifically
authorized by you.You
acknowledge and
agree Music Cleveland reserves the right to suspend or terminate your
account and/or
membership if your payment obligation has not been met.You acknowledge and agree Music Cleveland
reserves the right to make changes, otherwise substantially similar in
nature,
for products, services, or memberships, charged to you and offered
through our
site(s).Music Cleveland
reserves the right to change, amend or institute new fees or billing
methods at
anytime, effective upon providing prior notice to you via online
posting, email
or print material.If
any changes made
are unacceptable to you, you may terminate your account or membership
at
anytime by contacting Music Cleveland.Your continued use of Music Cleveland sites or
services, following any
changes made, constitutes your acceptance and agreement to these
changes.
21. Purchases
Music Cleveland provides
an opportunity for members and users the ability to purchase certain
products
or services through its site(s).Music
Cleveland
expresses no warranties, implied or otherwise, with respect to the
products or
services offered through Music Cleveland or its site(s).You agree that Music
Cleveland cannot be held
liable for any service or product sold or distributed on or through our
site(s).Any
warranty or liability issue involving a
transaction for any service or product purchased shall be between the
user and
the third party seller, distributor or manufacturer.
22. User Agreement
Provision
If any
provision of the Terms found in this User
Agreement shall be deemed unlawful, void, or for any reason
unenforceable, then
that provision shall be deemed severable from these User Agreement
Terms and
shall not effect the validity and enforceability of any remaining
provisions
found in this User Agreement.
23. FAQ(Frequently Asked
Questions)
For questions
and answers regarding Music Cleveland
and its Membership Discount
Program, please
visit our FAQ Page.If you do not see an
answer for your
questions there, please contact us at info@musiccleveland.com.So that we may respond, do
not forget to
include any relevant personal contact information including your email
address.We read
all suggestions,
comments and questions sent to us and will respond to all legitimate
and valid
emails in a timely manner.Technical
question regarding your software, configuration, or computer connection
should
be directed to your Internet Access Provider.Music Cleveland can
only answer specific questions regarding the products and services
which we
provide.
*** IF YOU DO
NOT
AGREE WITH THE TERMS AND CONDITIONS OUTLINED IN THIS USER AGREEMENT,
PLEASE
DISCONTINUE USE AND EXIT IMMEDIATELY. ***
