Terms and Conditions
- INTRODUCTION AND ELIGIBILITY
We have included several italicized annotations to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Modern Music Marketing Service means you accept any changes. Please also note that Sections XIII and XVII of these Terms contain, respectively, limitations on Modern Music Marketing’s liability and mandatory arbitration and waiver provisions that affect your right to bring lawsuits against Modern Music Marketing in the event of a dispute. Please read these sections carefully.
Binding Agreement. These Terms constitute a binding agreement between you and Talent Spotlite, LLC Modern Music Marketing and its affiliates and subsidiaries (“Modern Music Marketing”, “we”, “us”). “You”, “user”, and “users” shall mean all visitors to and users of the Modern Music Marketing Service, including artists who pay for campaigns and curators who listen to and review artists’ submissions. You accept these Terms each time you access the Modern Music Marketing Service. If you do not accept these Terms, you must not use the Modern Music Marketing Service. If you are under 18 years of age, you represent and agree you possess the legal consent of your parent or guardian to access and use the Modern Music Marketing Service and in any event you represent that you are otherwise able to enter into a valid and binding contract.
Geographical Eligibility. Modern Music Marketing provides the Modern Music Marketing Service for use within the United States. Modern Music Marketing makes no representation that the Modern Music Marketing Service or its content is appropriate or available for use in locations outside the United States. By registering for or using the Modern Music Marketing Service, you acknowledge and agree that you may only use the Service within the United States.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Modern Music Marketing Service after a change to these Terms constitutes your binding acceptance of these Terms.
Posting. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Modern Music Marketing Service. For instance, as an artist, you post your music by uploading and/or linking to it when you apply for a campaign on the Modern Music Marketing Service. As a curator, you may submit reviews of artists’ music that you have listened to.
No Relationship to Any Streaming Service and Curators Not Paid to Endorse or Promote Artists’ Work. We are an independent organization that helps link artists seeking feedback on their music to knowledgeable curators who curate successful playlists on popular streaming services (e.g., Spotify, YouTube) and are willing to listen to and review artists’ submissions. Modern Music Marketing IS NOT AFFILIATED WITH OR A PART OF ANY STREAMING SERVICE. PAYING FOR A CAMPAIGN DOES NOT GUARANTEE THAT A SONG WILL BE ADDED TO ANY PLAYLIST ON ANY STREAMING SERVICE. CURATORS ARE PAID ONLY TO REVIEW ARTISTS’ SUBMISSIONS; IF THEY LIKE WHAT THEY HEAR, THEY MAY ADD IT TO A PLAYLIST, BUT THAT DECISION IS SOLELY AT THE CURATORS’ DISCRETION.
Important Terms Regarding Connecting to Spotify. Although we are independent from Spotify, you may use the Modern Music Marketing Service in connection with Spotify. If you do so, please note the following:
- Modern Music Marketing does not make any warranties or representations on behalf of Spotify and expressly disclaims all implied warranties with respect to the Spotify Platform, Spotify Service and Spotify Content, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
- you are prohibited from using the Modern Music Marketing Service to modify or create derivative works based on the Spotify Platform, Spotify Service or Spotify Content;
- you are prohibited from using the Modern Music Marketing Service to decompile, reverse-engineer, disassemble, and otherwise reduce the Spotify Platform, Spotify Service, and Spotify Content to source code or other human-perceivable form, to the full extent allowed by law;
- We are responsible for the Modern Music Marketing Service and disclaim any liability for the Modern Music Marketing Services on the part of Spotify;
- We are not responsible for Spotify, and we encourage you to consult Spotify’s legal disclosures or to contact Spotify directly if you have questions specifically about Spotify;
- THE Modern Music Marketing SERVICE
The “Modern Music Marketing Service” and the “Service(s)” mean any websites, mobile applications, and other services under the control of Talent Spotlite, LLC Modern Music Marketing, whether partial or otherwise, related to providing an online, mobile, or other digital platform for Modern Music Marketing’s services, including www.modernmusicmarketing.com, app.modernmusicmarketing.com, and the Modern Music Marketing app.
Permission to Use the Service. We grant you permission to use the Modern Music Marketing Service subject to the restrictions in these Terms. Your use of the Modern Music Marketing Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
III. CHILDREN ARE NOT ELIGIBLE TO USE THE Modern Music Marketing SERVICE
Children. No part of the Modern Music Marketing Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
- YOUR ACCOUNT
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Modern Music Marketing Service.
You represent and warrant that the information you provide to Modern Music Marketing when signing up for an artist campaign, becoming a curator, otherwise using the Modern Music Marketing Service, and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Modern Music Marketing Service, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Modern Music Marketing Service and to preserve the confidentiality of your username and password, and any device that you use to access the Modern Music Marketing Service. You agree to notify us immediately of any breach of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Modern Music Marketing by e-mail to email@example.com. You will be solely responsible for the losses incurred by Modern Music Marketing and others due to any unauthorized use of your account.
Modern Music Marketing may communicate with you by email or posting notice on the Modern Music Marketing Service. You may request that we provide notice of security breaches in writing.
Electronic Notices. By using the Modern Music Marketing Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Modern Music Marketing Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Modern Music Marketing Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
- PURCHASES AND PAYMENTS
You may purchase artist campaigns or receive payment as a curator through the Modern Music Marketing Service. You do so subject to the terms and policies contained in these Terms.
Orders Placed on the Modern Music Marketing Sites. By placing an order, you represent that the services ordered will be used only in a lawful manner. For example, artist campaigns are purchased for private use.
Modern Music Marketing reserves the right, with or without prior notice: to discontinue any campaign; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service.
Campaign Payments. PAYMENT FOR A CAMPAIGN DOES NOT GUARANTEE THAT YOUR SONG(S) WILL BE ADDED TO A PLAYLIST. When you pay for a campaign, you are paying for your song(s) to be reviewed; you are not paying for your song(s) to be placed on a playlist. That decision is in the sole discretion of the curators who listen to and review your music. Modern Music Marketing does not guarantee that any song will be placed on a playlist.
You agree to pay all charges that may be incurred by you or on your behalf through the Modern Music Marketing Service or our authorized payment vendor, at the price(s) in effect when such charges are incurred, including without limitation all processing charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Curator Payments. CURATORS ARE PAID FOR LISTENING TO AND REVIEWING SONGS, NOT PLACING THEM ON PLAYLISTS. Curators may be paid to listen to and reviewing submissions. If a curator who has listened to and reviewed a song chooses to add that song to a playlist, he or she does so at his or her sole discretion.
Once curators are eligible to receive funds, funds earned by curators are available to be paid once a curator’s account balance reaches a minimum required balance. We may (a) withhold and offset any payments or refunds owed to you against any fees you owe us under these Terms or otherwise, or (b) require you to refund to us any overpayments we have made to you. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. Failure to give written notice within 30 days waives any such claim.
To ensure proper and timely payments, you are responsible for providing any maintaining accurate contact and payment information in your account. We reserve the right to withhold payments if we suspect a breach of these Terms, misuse of the Service, illegal conduct, or some other violation of the law or Modern Music Marketing policy (a “Violation”). If we determine a violation has occurred, all or part of your balance may be forfeit.
Promotions. From time to time, we may offer sweepstakes, contests, and other promotional events in which you may choose to participate (“Promotions”). By participating in any such Promotion, you become subject to those rules, which may vary from these Terms. You should carefully review the rules, if any, of each Promotion in which you participate through the Modern Music Marketing Service. These Terms will remain in full force and effect as long as you remain a user of the Modern Music Marketing Service. To the extent there is a conflict between these Terms and the rules of the Promotion in which you choose to participate, the rules shall govern.
VII. Modern Music Marketing’S CONTENT OWNERSHIP AND USE
Modern Music Marketing owns or has rights to all of the content we make available through the Modern Music Marketing Service, but you may use it as you use the Modern Music Marketing Service. You cannot use our logo without our written permission.
The contents of the Modern Music Marketing Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Modern Music Marketing content (collectively, “Modern Music Marketing Content”). All Modern Music Marketing Content and the compilation (meaning the collection, arrangement, and assembly) of all Modern Music Marketing Content are the property of Modern Music Marketing or its licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by Modern Music Marketing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Modern Music Marketing Service or the Modern Music Marketing Content, in whole or in part.
License to You. We authorize you, subject to these Terms, to access and use the Modern Music Marketing Service and the Modern Music Marketing Content solely for your personal use of the Modern Music Marketing Service, at our discretion, and do not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Modern Music Marketing Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Modern Music Marketing Content on any copy you make of the Modern Music Marketing Content.
Modern Music Marketing Marks. Modern Music Marketing, the Modern Music Marketing logo, and other Modern Music Marketing logos and product and service names are or may be trademarks of Modern Music Marketing (the “Modern Music Marketing Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Modern Music Marketing Marks.
VIII. INTELLECTUAL PROPERTY RIGHTS AND YOUR LICENSE TO USE
Your User Content. The Modern Music Marketing Service may provide you with the ability to post or share content including posts, text, comments, photos, videos, music, links, and files to share with other users (“Your User Content”). For instance, as an artist you may upload or otherwise share music to be reviewed, or as a curator, you may post a review. By using the Service, some Personal Information such as your name and any other information contained in Your User Content may be accessible to other users. You should not post Personal Information if you wish to keep that information private.
You are solely responsible for Your User Content on the Modern Music Marketing Service. Modern Music Marketing does not endorse any, nor is it responsible for, Your User Content. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Modern Music Marketing Claims No Ownership. Modern Music Marketing claims no ownership or control over content you share with or post to the Modern Music Marketing Service. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Modern Music Marketing Service. You are responsible for protecting those rights.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Modern Music Marketing Service, any right, title, or interest in or to such content delivered via the Modern Music Marketing Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Modern Music Marketing Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of content you post on or through the Modern Music Marketing Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of content you post on the Modern Music Marketing Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Modern Music Marketing Service. You also acknowledge and agree that any content you post is non-confidential and non-proprietary.
The Modern Music Marketing Service Contains Content from Users and other Modern Music Marketing Licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Modern Music Marketing Service.
- COPYRIGHT POLICY
Tell us if you think a user has violated your copyright using the Modern Music Marketing Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Modern Music Marketing Service infringe your copyright, you (or your agent) may send Modern Music Marketing a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Modern Music Marketing Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Modern Music Marketing to locate the material on the Modern Music Marketing Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Modern Music Marketing a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Modern Music Marketing Service should be sent to Modern Music Marketing, 14 Circle Drive, Millington NJ 07946 and/or email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
- SUGGESTIONS AND SUBMISSIONS
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Modern Music Marketing Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Modern Music Marketing SERVICE LIMITATIONS AND PROHIBITIONS
Do not do bad things with the Modern Music Marketing Service, try to break it, or steal our hard work.
You agree to use the Modern Music Marketing Service only for its intended purpose. You must use the Modern Music Marketing Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Modern Music Marketing Service are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Modern Music Marketing Service, user accounts, or the technology and equipment supporting the Modern Music Marketing Service;
- frame or link to the Modern Music Marketing Service without permission;
- use data mining, robots, or other data gathering devices on or through the Modern Music Marketing Service;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose Personal Information about another person;
- harass, threaten, stalk, abuse, or post objectionable content;
- sell, transfer, or assign any of your rights to use the Modern Music Marketing Service to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- simulate or impersonate organic activities through the use of automated processes, inauthentic accounts, or other means we determine to be misleading or fraudulent, including, but not limited to, stream manipulation as defined by the Anti-Stream Manipulation Code of Best Practice.
- use the Modern Music Marketing Service in an illegal way or to commit an illegal act in relation to the Modern Music Marketing Service or that otherwise results in fines, penalties, and other liability to Modern Music Marketing or others; or
- access the Modern Music Marketing Service from a jurisdiction where it is illegal or unauthorized.
XII. CONSEQUENCES OF VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the Modern Music Marketing Service.
Termination or Suspension. We reserve the right to suspend or terminate your account and prevent access to the Modern Music Marketing Service for any reason, at our discretion. We reserve the right to refuse to provide the Modern Music Marketing Service to you in the future.
Content Review and Removal. Modern Music Marketing may review and remove any content shared by a user at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Modern Music Marketing Service.
Your Responsibility for Claims, etc. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Modern Music Marketing Service.
XIII. Modern Music Marketing’S LIABILITY
We are not liable for the actions of users when they use the Modern Music Marketing Service. We may also change the Modern Music Marketing Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you encounter using the Modern Music Marketing Service or other websites.
Changes to the Modern Music Marketing Service. We may change, suspend, or discontinue any aspect of the Modern Music Marketing Service at any time, including hours of operation or availability of the Modern Music Marketing Service or any feature, without notice or liability.
User Disputes with other Users and Third Parties. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Modern Music Marketing Service, including from time to time, any interactions with other artists, curators, and other users, generally. Playlist curators are not employed by Modern Music Marketing. If you are an artist, a curator is a third party for purposes of these Terms. As an artist, curator, or other user, you assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Modern Music Marketing of all claims, demands, and damages in disputes among users of the Modern Music Marketing Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Modern Music Marketing Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Modern Music Marketing Service, including content licensed by third parties. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Modern Music Marketing Service. Use the Modern Music Marketing Service at your own risk.
Third-Party Websites. The Modern Music Marketing Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined. “Released Parties” include Modern Music Marketing and its affiliates, officers, directors, employees, agents, partners, and licensors.
- DISCLAIMER OF WARRANTIES
You use the Modern Music Marketing Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may arise out of or be related to your use of the Modern Music Marketing Service. If you use the Modern Music Marketing Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 Modern Music Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF Modern Music Marketing CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Modern Music Marketing Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIV. FORCE MAJEURE
To the fullest extent permitted under applicable law, Modern Music Marketing will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to or access in excess of authorization of Modern Music Marketing information technology systems; or (g) other causes beyond the reasonable control of Modern Music Marketing.
- GENERAL TERMS
XVI. CONSUMER PROTECTION NOTICE
Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a New Jersey resident, under New Jersey Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the New Jersey Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, New Jersey 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Modern Music Marketing Service or to receive further information regarding use of the Service.
XVII. ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL
We are located in New Jersey, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Modern Music Marketing Service.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Modern Music Marketing Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
XVIII. NOTICE REGARDING APPLE
This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and Modern Music Marketing only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Modern Music Marketing Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.