Terms of Use

The following terms and conditions govern all use of the Music180.com website and all content, services and products available at or through the website (“Website”). The Website is owned and operated by Connected Creatives, Inc. (“Company”). The Website is offered to You and all visitors (hereinafter “You” or “Your” or “Yourself”) subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Company’s Privacy Policy) and procedures that may be published from time to time on this Site by Company (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, You agree to become bound by the terms and conditions of this agreement. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use any services. If these terms and conditions are considered an offer by Company, acceptance is expressly limited to these terms.

Responsibility of Contributors

If You contribute to a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, You represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if Your employer or contracting client has rights to intellectual property that You create, You have either (i) received permission from such parties to post or make available the Content, including but not limited to any creative content or software, or (ii) secured from such parties a waiver as to all rights in or to the Content;
• You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to Website visitors and/or end-users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• the Content is not named in a manner that misleads readers into thinking that You are another person or company; and
• You have, in the case of Content that includes creative content or computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Company or otherwise.

By submitting Content to Company for inclusion, You grant Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting such Content. If You delete Content, Company will use reasonable efforts to remove it from the Website, but You acknowledge that caching or references to the Content may not be made immediately unavailable. 
Without limiting any of those representations or warranties, Company has the right (though not the obligation) to, in Company’s sole discretion (i) refuse or remove any content that, in Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Company’s sole discretion. Company will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

Company has not reviewed, and cannot review, all of the material, including creative content and/or computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Company disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Refunds, Cancellations, Returns

A major objective of Company is to bring together various parties seeking to share or acquire information and/or services. Accordingly, Company serves as a broker but not a direct party to transactions on the Website. The parties to such transactions are therefore solely responsible for their interaction with other Music180.com site participants. If a dispute occurs, however, please inform Company within 30 days of occurrence by sending an email to support@music180.com, whereupon we will use our best efforts to monitor or attempt to resolve, however Company has no obligation to become involved or refund fees, unless the problem is associated with a malfunction of the Website (e.g., content or information was not distributed to the intended partie(s).

If You have a dispute with one or more Registered Members, You release Company (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. All sales transacted through the Music180.com website are final upon receipt of cleared payment by Company, and may not be cancelled. In the event that Music180 decides, in their sole discretion, that a refund should be granted, the amount, form and timing of such refund is also within the sole discretion of Company. Content that You upload to the Website is non-returnable, however Company claims no right of ownership or other interest in files uploaded by others.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including creative content and/or computer software, made available through websites and webpages to which Music180.com links, and that link to Music180.com. Company does not have any control over those non-Company websites and webpages, and is not responsible for their contents or their use. By linking to a non-Company website or webpage, Company does not represent or imply that it endorses such website or webpage or the products or services offered therein offered. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Company disclaims any responsibility for any harm resulting from use of non-Company websites and webpages.

Copyright Infringement and DMCA Policy

As Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by Music180.com violates Your copyright, You are encouraged to notify Company using the contact information provided in the Website. Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Company or others, Company may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Company will have no obligation to provide a refund of any amounts previously paid to Company.

Intellectual Property

This Agreement does not transfer from Company to You any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Company or such third party. Company, the Music180.com logo, and all other trademarks, service marks, graphics and logos used in connection with Company, or the Website are trademarks or registered trademarks of Company or Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any Company or third-party trademarks.

Submissions

You acknowledge and understand that in order for Company to provide You with access to elite music industry Pros, such Pros must be assured that their acceptance of submissions from You and other Website users will not expose them to legal liability. You therefore agree that by submitting musical composition(s), sound recording(s), photograph(s), video(s), sheet music, lyrics or other intellectual property to any Pro on Music180 for their consideration, assessment, review or other purpose, You shall release and hold Company and such Pro (and their respective heirs, representatives, employees, agents, contractors and affiliates) harmless from and against any future claim of copyright infringement, conversion, intellectual property infringement or other similar claim. These Terms do not limit any specific terms or conditions of submission stated in any Pro service offering, and if these Terms conflict with any specific term(s) or condition(s) of such offering, the terms of such offering shall prevail.

No Professional Services

Company provides an online portal to give users access to a range of music industry professionals, some of whom are required by their professions to be certified or licensed (e.g., talent agents and attorneys). No such professional is employed by Company to provide professional information. Company does not provide professional management, legal, booking or other similar services to any member. At no time does Company review any communications between users for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of Your particular situation. Nothing contained on the Website constitutes or substitutes the advice of a licensed attorney, agent or manager. Company cannot guarantee that all of the information on the Site is completely current. Any legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. If You need legal, tax or other professional advice for Your specific problem, You should consult a licensed professional in Your area. At no time is an attorney-client or other professional relationship fostered or created through the use of this Website.

Receipt of Materials

If You sell services on the Website (e.g., song critiques, submissions, etc.), You agree not to use any original intellectual property received by You through this Website for any purpose without first obtaining all relevant permission and/or license(s) for such use. You further agree to act in good faith with respect to the use of third party intellectual property received by You through this Website. We reserve the right to modify descriptions of Your services on the Website at any time to the minimum extent necessary to ensure compliance with Company’s policies, legal requirements and/or best business practices.

VIP Services

If You are a Certified Professional on Music180, please note that beginning June 2010, Music180 will offer “VIP Services” to independently funded Members who wish to buy services from Music180 Professionals that do not appear on Music180 Profiles. We will pre-screen these Members and may contact You (or Your management) on the Member’s behalf to determine your interest, availability and cost. As a Professional on Music180, You acknowledge and agree that with respect to each Member buying VIP Services, Music180 will be entitled to the same percentage/fee that applies to those services otherwise offered on Your Profile, for all revenue generated from each such Member for six (6) months after the first VIP Service is performed for the Member. Our fee is payable whether such revenue is received directly by You, or through Music180. In addition, You agree to notify Music180 (by email or Music180 message) of each VIP Service purchased and/or requested by a Member, and to instruct inquiring Members to pay for all VIP Services through Music180. Music180 will issue a check to You each month for all VIP Services performed during the previous month (if any).

Change

Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Company may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your Music180.com account (if You have one), You may simply discontinue using the Website.

Disclaimer of Warranties

The Website is provided “as is”. Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Company nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk.

Limitation of Liability

In no event will Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to Company under this agreement during the twelve (12) month period prior to the cause of action. Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) Your use of the Website will be in strict accordance with the Company Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside), (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third part, (iii) that you are at least 18 years of age, or (iv) the parent or legal guardian registering on behalf of a minor who wishes to purchase goods or services from Music180.

Indemnification

You agree to indemnify and hold harmless Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Website, including but not limited to Your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Company and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Company, or by the posting by Company of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign Your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.