Effective November 01, 2007
Welcome to Itslivemusic.com (“Itslivemusic.com”, “It’s Live Music” or the “Website”). This Website is owned and operated by Muse Nation, Inc. (“Muse Nation” or “We”). It’s Live Music is a search engine for live music, with streaming music service, a digital music store, an online tickets store and more (collectively and together with the Website, the “Services”). By using any Services offered you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (as further described below, a “Member”).
THIS IS A CONTRACT. By using and/or visiting the Website, registering for any of the Services , you represent and warrant that you, either an individual or a single entity, or, your qualified legal representative ("You”), have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services . By using the Services , you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Itslivemusic.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Services and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services , you must read this Agreement and indicate your acceptance during the Registration process. The Website and the Services are available only to users 13 years of age and older. Registrants between the ages of 13 and 18 must have a parent assist in the completion of registration.
Muse Nation may modify this Agreement from time to time and such modification shall be effective upon posting by Muse Nation on the Website. You agree to be bound to any changes to this Agreement when you use any of the Services after any such modification is posted. This Agreement incorporates Muse Nation’s Privacy Policy (which could be accessd by clicking on this link) Copyright Policy (which could be accessd by clicking on this link) and Purchase and Refund Policy. By agreeing to the terms herein, you are hereby agreeing to these terms as well. Most of the Services on Itslivemusic.com are free to use, but some Services (such as purchasing concert tickets or digital music files) may require additional registration and/or payment. Some of these services may be integrated with some or all of the Services, including via use of the same Member name (together, the "Premium Services"). The Premium Services can be accessed by separately providing additional billing information wheter you are a Member. The terms and conditions of use of the Premium Services are incorporated into this Agreement by this reference.
Eligibility
Membership in the Services is void where prohibited. By using the Website and or any of the 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 Services shall not violate any applicable law or regulation.
Muse Nation 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.
Registration
You may be required to become a Member in order to access some of the Services. To do so, you will be required to create a username and password, to agree to this Agreement and to provide your email address. Your Membership is solely for your personal use, and you shall not authorize others to use your account. You agree to notify Muse Nation immediately of any unauthorized use of your Member name, password, account, or content, and you agree to indemnify and hold harmless Muse Nation, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
Term
This Agreement shall remain in full force and effect while you use the Services , and/or are a Member. Muse Nation may terminate or limit your Membership or access to any part of the Services , at any time without warning if We find You breach this Agreement. Even after membership is terminated, this Agreement will remain in effect, including sections 4 to 16.
Non Commercial Use by Members
The Services We offer on Itslivemusic.com are for the personal use of Members only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Muse Nation.
Illegal and/or unauthorized use of the Services , including collecting Member Names and/or e-mail addresses of Members, by electronic or other means, or unauthorized framing of, or linking to, the Services , are prohibited.
Commercial advertisements, affiliates links, and other forms of solicitation may be removed from Member’s profiles without notice, and may result in termination of Membership privileges. Appropriate legal action will be taken by Muse Nation for any illegal or unauthorized use of the Services.
Acceptable Use and Content Posted / Activity Prohibited
Muse Nation may delete any Member Content that in the sole judgment of Muse Nation violates this Agreement or which may be illegal, or violate the rights, harm, or threaten the safety of any person. Muse Nation assumes no responsibility for monitoring the Services for inappropriate Member Content or conduct. If at any time Muse Nation chooses, in its sole discretion, to monitor the Services , Muse Nation nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member Content provider, the Member, or the User submitting any such Member Content.
You are solely responsible for the Member Content that you post on or through any of the Services , and any material or information that you transmit to other Members and for your interactions with other Users. Muse Nation does not endorse and has no control over the Member Content. Member Content is not necessarily reviewed by Muse Nation prior to posting and does not necessarily reflect the opinions or policies of Muse Nation. Muse Nation makes no warranties, express or implied, as to the Member Content or to the accuracy and reliability of the Member Content or any material or information that you transmit to other Members or Users.
The following is a partial list of the kind of Member Content that is illegal or prohibited to post on or through the Services . Muse Nation reserves the right to investigate and take appropriate legal action against anyone who, in Muse Nation’s sole discretion violates this provision, including without limitation removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Muse Nation:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains violence, or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is 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, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent;
The following is a partial list of the kind of activity that is illegal or prohibited on the Muse Nation Website and through your use of the Services . Muse Nation reserves the right to investigate and take appropriate legal action against anyone who, in Muse Nation‘s sole discretion, violates this provision, including without limitation reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or, tortuous interference activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Services . You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Muse Nation reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Muse Nation deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services , you acknowledge that you will have caused substantial harm to Muse Nation, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Muse Nation $50 for each such unsolicited email or other unsolicited communication you send through the Services ;
- covering or obscuring the banner advertisements on your personal profile page, or any Muse Nation page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services ;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
Disclaimers
Muse Nation is not responsible for any incorrect or inaccurate Member Content posted on the Website or in connection with the Services , whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services . Profiles created and posted by Members on the Website may contain links to other websites. Muse Nation is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Muse Nation. Inclusion of any linked websites on the Services does not imply approval or endorsement of the linked websites by Muse Nation. When you access these third-party sites, you do so at your own risk. Muse Nation takes no responsibility for third party advertisements which are posted on the Muse Nation Website or through the Services , nor does it take any responsibility for the goods or services provided by its advertisers. Muse Nation is not responsible for the conduct, whether online or offline, of any User of the Services . Muse Nation 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. Muse Nation 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 on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services . Under no circumstances shall Muse Nation be responsible for any loss or damage, including personal injury or death, resulting from use of the Services , attendance at a Muse Nation event, from any Member Content posted on or through the Services , or from the conduct of any Users of the Services , whether online or offline. The Services are provided "AS-IS" and as available and Muse Nation expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Muse Nation cannot guarantee and does not promise any specific results from use of the Services
Limitation on Liability
IN NO EVENT SHALL MUSE NATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MUSE NATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUSE NATION’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUSE NATION FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes
If there is any dispute about or involving the Services , you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Muse Nation or you may demand that any dispute between Muse Nation and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Muse Nation from seeking injunctive relief in a court of competent jurisdiction.
Indemnity
You agree to indemnify and hold Muse Nation, its subsidiaries, and affiliates, and their respective officers, agents, 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 Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Member Content that you post on the Muse Nation Website or through the Services causes Muse Nation to be liable to another.
Other
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Muse Nation regarding the use of the Website and the Services . The failure of Muse Nation to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Muse Nation, I’ts Live Music, and Itslivemusic.com are trademarks of Muse Nation, Inc. a CA, USA corporation. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@itslivemusic with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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