Effective July 1, 2007
Texas Music Machine operates the online music and services website (the "Website") at www.texasmusicmachine.net. By using this Website, and its associated services ("Web Services")you agree to be bound by these Terms of Use (this "Agreement").
I. Services. While some of the Web Services are currently free to use, Texas Music Machine also offers digital music services that requires registration and/or payment. Currently, these additional services include a digital music store that lets you purchase permanent downloads of songs.
1. Modification. This Agreement sets out the legally binding terms for your use of and Membership in the Web Services. Texas Music Machine may modify this Agreement from time to time and such modification shall be effective upon posting by Texas Music Machine on the Website. You agree to be bound to any changes to this Agreement when you use any of the Web Services after any such modification is posted.
2. Eligibility. Membership in the Web Services is void where prohibited. By using the Website and or any of the Web Services, you represent and warrant that any registration information that you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are at least 13 years of age or older and that your use of the Website and the Web Services shall not violate any applicable law or regulation. Texas Music Machine may terminate your membership and delete your Membership and any other information you provide without warning, if it is found that you are misrepresenting your age.
II. Registration. You are required to create a Personal Account in order to purchase music and other merchandise from Texas Music Machine. Your Personal Account is solely for your personal use, and you shall not authorize others to use your account. You agree to notify Texas Music Machine immediately of any unauthorized use of your Personal Account name, password or account and you agree to indemnify and hold harmless Texas Music Machine, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
III. Term. This Agreement shall remain in full force and effect while you use the Web Services. Texas Music Machine may terminate or limit your Account at any time, for any reason, including due to a prolonged period of inactivity or no reason, effective immediately and without liability. In certain cases where your account is terminated, Texas Music Machine may expunge your Personal Account information. If this occurs, you may be required to re-register in order to access the applicable Web Services.
IV. Proprietary Rights in Content. Texas Music Machine or its licensors own and retain all proprietary rights in the Web Services. The Web Services contain copyrighted material, trademarks, and other proprietary information of Texas Music Machine and its licensors. Except for that information which is in the public domain or for which you have been given written permission by Texas Music Machine, and except for publication of Texas Music Machine Create-a-Links as described below, you may not copy, modify, publish, create derivative works based on, transmit, distribute, perform, display, or sell any such content or information.
V. Accessing Content from Texas Music Machine. Certain aspects of the Web Services allow you to listen to clips of music recordings and view and possibly print or download certain digital content ("Materials"). The Materials are owned by Texas Music Machine, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rightsholders that license their musical or other content to Texas Music Machine for use in the Web Services are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. Your access to and/or use of any Materials will be limited by the rules assigned to such Materials by Texas Music Machine. Texas Music Machine reserves the rights to modify these usage rules at any time.
Except and only as may be specifically permitted by Texas Music Machine (see the "Texas Music Machine Create-a-Links" section below), you may not authorize, encourage or allow any Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You may not attempt (or support others' attempts) to capture, copy, or download any streamed Materials. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any technology related to such Materials. You agree to advise Texas Music Machine promptly of any such unauthorized use(s).
Texas Music Machine does not guarantee that any particular song(s) will be made available via the Music Service and Texas Music Machine may at any time lose the right to make certain songs available that it has previously offered.
VI. Texas Music Machine Create-a-Links. Texas Music Machine Create-a-Link is a service we provide that allows you to "deep link" to a particular artist or album page on the Website.
1. Using a Texas Music MachineLink. When a Texas Music Machine Link for a specific artist or album is clicked on, the Music Service's web site will open in a new browser window and display the appropriate page. Your use of any songs or other Materials presented via a Texas Music Machine Link, are subject to all of the terms and conditions stated herein that apply to use of any Materials and the Music Service, including the Usage Rules.
2. Creating Texas Music Machine Links. You can create Links using the tools provided on the Website on each artist and album page. Use of Texas Music Machine Create-a-Links will be subject to all of the terms and conditions applicable to the Web Services. Texas Music Machine assumes no responsibility for any use of links generated via this mechanism and makes no guarantee as to link accuracy or performance.
Texas Music Machine Create-a-Links must be used as provided and they may not be altered to change their performance or in any other way. By using the Texas Music Machine Create-a-Links tool, you assume sole responsibility for any use you or others make of the link you create. While you may attach Texas Music Machine Create-a-Links to commercial websites, payment or other conditions may not be attached to access to a Texas Music Machine Create-a-Link. Your use must be in conformance with all copyright and other applicable laws. You may not utilize Texas Music Machine Create-a-Links in conjunction with any racist, obscene, defamatory, pornographic or other objectionable content. Texas Music Machine reserves the right to deactivate Texas Music Machine Create-a-Links at any time, in its sole discretion.
VII. User Content. Information provided by other users (such as the reviews section and forums) may contain inaccurate, inappropriate or offensive material, products or services and Texas Music Machine assumes no responsibility or liability for this material. Texas Music Machine is not responsible for communications and actions of other users to you.
By posting User Content to the Web Services you automatically grant, and you represent and warrant that you have the right to grant, to Texas Music Machine an irrevocable, perpetual, royalty free, non-exclusive, transferable, fully paid, worldwide license to use, copy, perform, display, and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Web Services. Texas Music Machine reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited User Content includes content that:
- is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- violates any law, statute, ordinance or regulation;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing pirated music or links to pirated music files and/or otherwise infringes the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
You may not attempt to impersonate another user or person. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
You agree that you will not: (i) take any action that imposes, or may impose in Texas Music Machine's sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of any of the Web Services, or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website or any of the Web Services.
VIII. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Texas Music Machine to remove or disable access to infringing material, to notify the relevant Member that it has removed or disabled access to the material, and to terminate Membership privileges of any Member who infringes copyright.
Without limiting the foregoing, if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact Texas Music Machine at admin@texasmusicmachine.net.
IX. Privacy. Use of the Web Services is also governed by our Privacy Policy, the terms of which are incorporated herein and which can be found at on the Website.
X. Disclaimers. Texas Music Machine is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with any of the Web Services provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in any of the Web Services. Texas Music Machine is not responsible for the conduct, whether online or offline, of any user of the Website or Member of any of the Web Services. Texas Music Machine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Texas Music Machine is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Web Services or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Web Services. Under no circumstances shall Texas Music Machine be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Web Services or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
THE WEBSITE AND THE WEB SERVICES ARE PROVIDED "AS-IS" AND TEXAS MUSIC MACHINE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TEXAS MUSIC MACHINE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE WEB SERVICES.
XI. Limitation on Liability. IN NO EVENT SHALL TEXAS MUSIC MACHINE OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND ANY OF THE WEB SERVICES, EVEN IF TEXAS MUSIC MACHINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TEXAS MUSIC MACHINE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO TEXAS MUSIC MACHINE FOR THE WEB SERVICES DURING THE TERM OF MEMBERSHIP.
XII. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law provisions thereof. If there is any dispute about or involving the Website or any of the Web Services or any other matter pertaining to this Agreement, you agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas, City of Lubbock.
XIII. Indemnity. You agree to indemnify and hold Texas Music Machine, its subsidiaries, members, managers, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Web Services in violation of this Agreement and/or arising from your breach of this Agreement (or a breach by any user of your Member account) and/or any breach of your representations and warranties set forth above.
XIV. Other. Except for any additional agreement(s) between you and Texas Music Machine, this Agreement constitutes the entire agreement between you and Texas Music Machine regarding the use of the Website and/or any of the Web Services. The failure of Texas Music Machine to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. All rights not expressly granted to you in this Agreement are reserved to Texas Music Machine and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with Texas Music Machine's prior written consent. Texas Music Machine may transfer, assign or delegate this Agreement and its rights and obligations without consent. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Texas Music Machine is a trademark of Texas Music Machine that may be registered in the US and/or other countries.
