musicconnect

terms and conditions

  1. ACCEPTANCE

    By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Project Rodney or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

  2. WEBSITE

    1. These Terms of Service apply to all users of the WEBSITE, including users who are also contributors of song content, information, and other materials or services on the WEBSITE. The WEBSITE includes all aspects of Project Rodney, including but not limited to the Project Rodney "Embeddable Player."
    2. The WEBSITE may contain links to third party WEBSITEs that are not owned or controlled by Project Rodney. Project Rodney has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party WEBSITEs. In addition, Project Rodney will not and cannot censor or edit the content of any third-party site. By using the WEBSITE, you expressly relieve Project Rodney from any and all liability arising from your use of any third-party WEBSITE.

  3. PROJECT RODNEY ACCOUNTS

    1. In order to access some features of the WEBSITE, you will have to create a Project Rodney account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Project Rodney immediately of any breach of security or unauthorized use of your account.
    2. Although Project Rodney will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Project Rodney or others due to such unauthorized use.

  4. LIMITED LICENSE TO CONTENT

    Project Rodney claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted by you on Project Rodney, and the copyright to all such Content shall remain with its original owner.

    By posting Content on Project Rodney, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on Project Rodney.

    In order to make it possible for Project Rodney to provide the Products and Services, you hereby grant Project Rodney a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through Project Rodney, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other Project Rodney website through links to Project Rodney, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from Project Rodney.

  5. LISTENER AND USER CONDUCT

    You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Project Rodney, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Project Rodney does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Project Rodney at your sole risk. Under no circumstances will Project Rodney be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Project Rodney does not pre-screen user or third party Content posted on Project Rodney, although Project Rodney reserves the right to do so. Project Rodney does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Project Rodney reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Project Rodney.

    The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

  6. Your User Submissions and Conduct

    1. As a Project Rodney account holder you may submit song content ("User Songs") and textual content ("User Comments"). User Songs and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Project Rodney does not guarantee any confidentiality with respect to any User Submissions.
    2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Project Rodney to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the WEBSITE and these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions you hereby grant each user of the WEBSITE a non-exclusive license to access your User Submissions through the WEBSITE, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the WEBSITE and under these Terms of Service. The above licenses granted by you in User Songs terminate within a commercially reasonable time after you remove or delete your User Songs from the SERVICE. You understand and agree, however, that Project Rodney may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
    4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Project Rodney all of the license rights granted herein.
    5. Project Rodney does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Project Rodney expressly disclaims any and all liability in connection with User Submissions. Project Rodney does not permit copyright infringing activities and infringement of intellectual property rights on its WEBSITE, and Project Rodney will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Project Rodney reserves the right to remove Content and User Submissions without prior notice.

  7. Account Termination Policy

    1. Project Rodney will terminate a User's access to its WEBSITE if, under appropriate circumstances, they are determined to be a repeat infringer.
    2. Project Rodney reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Project Rodney may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

  8. Digital Millennium Copyright Act

    1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      Project Rodney's designated Copyright Agent to receive notifications of claimed infringement is: email: info@projectrodney.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Project Rodney customer service through Info@projectrodney.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
    2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Suffolk County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      If a counter-notice is received by the Copyright Agent, Project Rodney may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Project Rodney's sole discretion.

  9. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE Project Rodney WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Project Rodney, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Project Rodney MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Project Rodney WEBSITE. Project Rodney DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Project Rodney WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Project Rodney WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY DARK OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  10. Limitation of Liability

    IN NO EVENT SHALL Project Rodney, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Project Rodney WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT Project Rodney SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The WEBSITE is controlled and offered by Project Rodney from its facilities in the United States of America. Project Rodney makes no representations that the WEBSITE is appropriate or available for use in other locations. Those who access or use the WEBSITE from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  11. Indemnity

    You agree to defend, indemnify and hold harmless Project Rodney, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the WEBSITE; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the WEBSITE.

  12. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the WEBSITE is not intended for children under 13. If you are under 13 years of age, then please do not use the WEBSITE. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

  13. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Project Rodney without restriction.

  14. General

    You agree that: (i) the WEBSITE shall be deemed solely based in New York; and (ii) the WEBSITE shall be deemed a passive WEBSITE that does not give rise to personal jurisdiction over Project Rodney, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Project Rodney that arises in whole or in part from the WEBSITE shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, New York. These Terms of Service, at http://www.Projectrodney.com/terms and any other legal notices published by Project Rodney on the WEBSITE, shall constitute the entire agreement between you and Project Rodney concerning the WEBSITE. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Project Rodney's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Project Rodney reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the WEBSITE following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Project Rodney AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Project Rodney WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.