Music Floss

Terms of Use

“MusicFloss” refers to the service(s) provided by Music Floss, LLC subject to these Terms of Use (“Terms”). MusicFloss is dedicated to providing Users with a unique combination of products, services, e-commerce and social networking. MusicFloss is focused on creating a niche social portal that enables those who participate to interact with others with a similar interest in independent music.

The following words used in these Terms shall have the following meanings:

1. “Personal Information” shall mean all data and/or information provided by and about User.
2. “MusicFloss web site” shall mean all websites on which MusicFloss provides products and/or services.
3. “User” shall mean all registered or unregistered users of MusicFloss.
4. “MusicFloss Products and Services” shall mean all products and/or services (registered and unregistered) provided by MusicFloss.
5. “Registration Information” shall mean the Personal Information you are required to give to MusicFloss in the registration process or thereafter, in order to access certain products and services.
6. “Account Profile” shall mean the MusicFloss website page(s) where the Personal Information User has provided is displayed in compliance with User’s consent and agreement Users are responsible for all of the content in such Profiles under these Terms.


I. General

A. By visiting or logging in as a Registered or Unregistered User of MusicFloss, you fully accept these Terms. If you do not agree to this you must leave the MusicFloss website immediately without further use.

B. MusicFloss may operate, either now or in the future, sub-domains and aliases of these domains, in order to provide additional new and innovative services. All websites on which MusicFloss provides products and/or services are hereinafter referred to as the “MusicFloss website.”

C. These Terms shall govern the contractual relationship between you and MusicFloss, irrespective of which MusicFloss website you are registered with or logged into, either now formed or created in the future.

D. Additional information and conditions pertaining to use of the MusicFloss website, as well as other information about Music Floss, LLC., may be found under “About” located elsewhere on this website.

E. Services provided by MusicFloss websites are intended for persons thirteen (13) years of age or older, subject to the laws of any country or jurisdiction that might prohibit use of a web-site such as MusicFloss by minors. In such a case, the minimum legal age is the age allowed by that country or jurisdiction. Further, any person between the ages of thirteen (13) and seventeen (17) years must have the consent, approval and authorization of their parent(s) or guardian(s) before they may register as a User. If a person between the ages of thirteen (13) and seventeen (17) years is registered as a User, it is presumed that such person’s parent(s) or guardian(s) has given their consent, approval and authorization. If proof comes to the attention of MusicFloss that such consent, approval and authorization has not been provided, MusicFloss shall have the right to immediately terminate such User’s registration and account with or without notice.

F. User can access these Terms, by clicking on the “Terms of Use” link that appears on the MusicFloss website “Home” page, and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.

II. Services Provided

A. The MusicFloss website provides several services. These services include social networking, as well as allowing Users to download music from the musicians, bands and/or record labels who have registered and uploaded music with MusicFloss (“Products”).

B. MusicFloss may, from time to time, offer other services, including, but not limited to, message boards, contests, and other offerings. Registration may be required for certain product or service offerings.

C. The MusicFloss website offers Users two options for access to the services, products and information provided:

1. Unregistered User - this User type is hereinafter referred to as “Limited User”. This type of User may have limited access to services, products and information provided on the MusicFloss website, subject to change at any time; or
2. Registered User- this User type is hereinafter referred to as “Full User”. This type of User will have access to all services, products and information provided on the MusicFloss website to Registered Users, subject to further rules or charges for some products/services and subject to change at any time.

D. Any use of the products, services, information and content offered on the MusicFloss website beyond the scope of options provided by MusicFloss requires prior written consent.

E. Music downloaded from the MusicFloss website by Users is copyrighted and is only for User’s personal, non-commercial use and may not be reproduced or re-transmitted for any other purpose.

F. MusicFloss may make certain data and/or information provided by the User available to other Users, provided that this data and/or information does not violate any laws or these Terms. MusicFloss, in its sole discretion, is entitled to remove any illegal, prohibited, or objectionable data and/or information from the MusicFloss website without prior notice to User.

G. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the MusicFloss, or any other, website. While MusicFloss desires to endeavor to keep the MusicFloss website available without interruption. events related to maintenance, security or capacity requirements, and/or events beyond MusicFloss’ control (e.g., disruptions in communication networks, power failures, equipment failure, etc.), may result in disruption or interruption of the services provided on the MusicFloss website.

H. MusicFloss provides the User with a platform on which to purchase and download unique, independent music, as well as establish interaction and communication with other Users. It also provides those technical applications that allow Users to interact and communicate with one another..

I. Regarding website-posted content and communication, MusicFloss does not take part in any communication between Users. If Users enter into third-party agreements with other Users through use of the MusicFloss website, it is understood and agreed by said Users that MusicFloss shall not be a contracting party, mediator or negotiator to any such agreements. Users alone are responsible for the execution and/or fulfillment of any third-party agreements in which they enter with other Users. MusicFloss shall not be held liable if Users are unable to contact one another over the MusicFloss website regarding such third-party agreements. Furthermore, MusicFloss shall not be liable for breaches of duty in relation to third-party agreements entered into between Users, advertisers or other third-parties.

J. In the event that Users have a disagreement with MusicFloss advertisers, partners or third-party vendors or affiliates, MusicFloss may, but is not obligated to, act as intermediary in those cases and shall not be liable for any breach of such agreements entered into by Users.

K. Any offers or agreements between MusicFloss Users and MusicFloss advertisers, partners, third-party vendors or affiliates, will be governed by such advertisers’, partners’, third-party vendors’ or affiliates’ respective Terms of Use and the Privacy Policy of their respective companies.

III. Registration, Representations and Warranties Upon Registration

A. User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to MusicFloss immediately upon such changes.

B. User shall not use pseudonyms or fictitious names in their registration or profile, except as may be specifically allowed by these Terms.

C. User shall not be allowed to have multiple registrations. User may only establish one (1) User profile. If MusicFloss finds that a User has established more than one registration or profile, such User’s account(s) may be suspended or terminated, subject to the sole discretion of MusicFloss.

D. User warrants and represents that he or she is of legal age to use the services of MusicFloss at the time of registration, depending upon the definition of that term in the country or jurisdiction where such User resides.

E. User shall choose a password upon registration. User is solely responsible for keeping this password secret and shall not give it out to anyone who may then use it to access User’s account, profile or the MusicFloss website. MusicFloss shall not ask for the User’s password at any time.

F. By completing the registration process, the User agrees with all Terms herein. MusicFloss accepts the User’s registration by activating the User’s account for the use of services on the MusicFloss website. Regardless of the previous statement, these Terms are in effect for both registered and unregistered Users.

G. It is not possible for MusicFloss to determine with certainty whether any User registered with MusicFloss is, in fact, the person he or she represents to be. Therefore, MusicFloss assumes no liability for the actual identity of any User. Each User is solely responsible for checking the actual identity of another User and is urged to safeguard their personal information from Users they do not know or if they are asked to provide such information to another User. Aside from the registration process and updates to account or profile information, MusicFloss will never ask for personal information from a registered User.

IV. Obligations of User

A. User agrees to adhere to the following requirements:

1. To provide only true and non-misleading information in the User profile and in communications with other Users and to refrain from using any pseudonyms or fictitious names;
2. To only post photographs or video of the User on or uploaded to the MusicFloss web site where User can be clearly recognized. The User warrants and represents that public displaying of said photographs or video is not prohibited by copyright or other prohibited use. The User shall not upload any photographs, videos or images of any other person than that of User, unless User has written permission to do so from the subject(s) in the photograph(s) or videos and states who such persons are that are depicted in the photographs and/or videos. The photographs or videos posted by User shall not contain any company logos or trademarks unless User has specific permission and authority from the owners of such logos or trademarks. The User may not post photographs or videos that can be considered pornographic, offensive or against any law or ordinance in the country or jurisdiction where User resides.
3. To comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, User shall not:

a. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or MusicFloss personnel or other companies or individuals;

b. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;

c. Unreasonably annoy (particularly with SPAM) any other User;

d. Use or post, without authorization, any content protected by law (e.g., copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;

e. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).

f. To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:

i. Sending chain letters;

ii. Sending identical private messages to more than one (1) User at the same time;

iii. Performing, posting, advertising and promoting any form of illegal structural distribution measures (such as illegal multi-level marketing or illegal multi-level network marketing); or

iv. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).

4. You may not provide, post or otherwise distribute, User content that:

a. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;



b. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;



c. violates any right of Music Floss, LLC, the MusicFloss website or any third party;



d. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;



e. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;



f. interferes with any User’s uninterrupted use of MusicFloss;



g. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose(s);



h. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;



i. disrupts, interferes with, or otherwise harms or violates the security of MusicFloss, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the MusicFloss website;



j. “flames” any individual or entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.

 ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES POSSIBLE CRIMINAL CONDUCT OF ANY KIND MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY MUSICFLOSS.

5. User is further prohibited from the following activities:

a. Employing any mechanisms, software or scripts when using the MusicFloss web site. However, the User may use the interfaces or software provided by MusicFloss within the scope of the services available on the MusicFloss website;

b. Blocking, overwriting, modifying and copying of any contents of the MusicFloss website, unless said actions are necessary for the proper use of the Full Member Benefits and services on the MusicFloss website.

c. Distributing or publicly disclosing the contents of the website of MusicFloss or any other User, without written permission from such party; or

d. Performing any actions which may impair the operability of MusicFloss’ infrastructure, particularly actions which may overload said infrastructure, servers, bandwidth or other equipment or software.

V. Changes to the Services

MusicFloss, in its sole discretion and without prior notice, reserves the right to modify the products and/or services offered on the MusicFloss website and/or to offer products and/or services different from those offered at the time of the User’s registration.

VI. Right To Cancel

A. User may terminate an account at any time. User shall deliver notice of termination using the Customer Service email address at support@MusicFloss.com. The termination notice shall include the User’s registered name and email address used at the time of registration or thereafter updated.

B. In the event of a valid cancellation, MusicFloss will remove all account information and User profile from the MusicFloss website and database, and User will be unable to access the Full User Benefits thereafter.

C. Once a User account is cancelled, the User must re-register in order to use the Full User Benefits of the MusicFloss website. Re-registration may be disallowed in the discretion of MusicFloss.

D. MusicFloss may, without cause and in its sole discretion, terminate the registration of User under the following circumstances, which are non-inclusive:

1. If User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors; or
2. If the User causes or threatens physical, mental or emotional harm to any other User(s); or
3. User violates these Terms; or
4. Any other reason deemed appropriate by MusicFloss.

E. In the event of a termination in accordance with this section and notwithstanding MusicFloss’ right to terminate, MusicFloss is entitled to:

1. Delete the contents, account and profile posted by User; or
2. Issue a warning to User; or
3. Block User’s access to services on the MusicFloss website; or
4. Block User’s IP address from MusicFloss’ servers; or
5. Take any other measures deemed appropriate by MusicFloss.

VII. General Disclaimers and Limitations of Liability

A. While MusicFloss uses reasonable efforts to include accurate and up-to-date information, MusicFloss specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all MusicFloss websites. MusicFloss disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. MusicFloss disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the MusicFloss’ website. 



B. MUSICFLOSS’ WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MUSICFLOSS WEBSITE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. MUSICFLOSS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MUSICFLOSS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE MUSICFLOSS WEBSITE. MUSICFLOSS DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MUSICFLOSS WEBSITE. MUSICFLOSS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, THE MUSICFLOSS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MUSICFLOSS WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED IN THE MUSICFLOSS WEBSITE.


C. USER UNDERSTANDS AND AGREES THAT USER DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MUSICFLOSS WEBSITE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. 



D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. SOME USERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

E. MUSICFLOSS IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, THIRD PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
 


F. UNDER NO CIRCUMSTANCES SHALL MUSICFLOSS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF, OR RELIANCE ON, THE MUSICFLOSS WEBSITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MUSICFLOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE MUSICFLOSS WEBSITE, FROM INABILITY TO USE THE MUSICFLOSS WEBSITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE MUSICFLOSS WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MUSICFLOSS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MUSICFLOSS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MUSICFLOSS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MUSICFLOSS WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MUSICFLOSS WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO, THE MUSICFLOSS WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

G. USER AGREES THAT USER MAY NOT MAINTAIN ANY CLAIM AGAINST MUSICFLOSS UNLESS AND UNTIL USER HAS GIVEN, AND MUSICFLOSS HAS RECEIVED, NOT LESS THAN 30 DAYS PRIOR WRITTEN NOTICE SPECIFYING THE DETAILS OF SUCH CLAIM DURING WHICH TIME MUSIC FLOSS SHALL BE ENTITLED TO RECTIFY OR RESOLVE THE CIRCUMSTANCES RELATING TO SUCH CLAIM.



H. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.

I. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THE AGREEMENT CREATED BY THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE AGREEMENT CREATED BY THESE TERMS.

J. MusicFloss does not make any warranties or representations regarding any data, content and/or information provided or made available by any User on the MusicFloss website or on any external websites linked to them. In particular, MusicFloss does not warrant or represent that said data, content and/or information is true or accurate, or that it fulfills or serves any particular purpose.

K. User may report any activities of any other User which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to the Customer Service email address at support@MusicFloss.com.

L. Without limiting the foregoing, under no circumstances shall MusicFloss be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 



XIII. Indemnity

User agrees to indemnify, defend and hold harmless MusicFloss, its website and each of its respective advertisers, parents, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:

1. User’s use of the MusicFloss website;
2. MusicFloss’ use of any User content or information you provide, as long as such use is not inconsistent with these Terms;
3. information, content or material provided through User’s IP address, even if not posted by User; or
4. any violation of these Terms by User.

IX. Data Protection

A. MusicFloss recognizes that any data provided by User to MusicFloss is important and MusicFloss shall therefore use reasonable precautions in handling such data.

B. Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, MusicFloss shall do what is reasonable to safeguard your data, subject to this cautionary limitation.

C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given prior consent in view of such security risks. Further, when sensitive personal information is transmitted, MusicFloss will encrypt it using Secure Socket Layer technology (SSL).

D. Accordingly, MusicFloss shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY ON THE MUSICFLOSS WEBSITE.

E. MusicFloss opposes the use of available contact information by a third-party for sending unsolicited advertisements (SPAM).

F. MusicFloss reserves the express right to take legal action against unsolicited mailing or emailing of SPAM and other similar unsolicited advertising materials. MusicFloss may report any violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority.

X. Right to Content Use

A. When User posts content or contributions to the MusicFloss website User grants MusicFloss a limited and nonexclusive right of use for the respective content or contribution which MusicFloss is entitled to utilize for any purpose allowed by these Terms. In particular, MusicFloss is entitled to use said content or contribution posted by User, for marketing or in any other way. MusicFloss may use User content or contributions in any form, format, or medium of any kind now known or later developed. Although you grant us a license, as stated above, WE DO NOT OWN YOUR CONTENT. This license grants us certain rights and also proscribes limitations of what we may do and not do with the content, more fully described as follows:

• We may not sell or give away your content as permanent downloads or physical copies, alone or in a compilation;
• We may not use or license another party to use your content outside of the MusicFloss website;
• We may let other parties exercise these rights on the MusicFloss website, which permits the license to become sublicensed;
• We may exercise these rights without paying you any remuneration, royalties or other fees, whatsoever;
• We may exercise these rights throughout the MusicFloss website worldwide;
• You may grant similar licenses to others;

B. MusicFloss grants a limited right of use over all posted content or contributions to the MusicFloss website to registered Users, subject to these Terms. Duplication or the use of these contributions or their contents by Users or third-parties in other electronic or printed publications is prohibited without a link that will bring a person to the MusicFloss Home Page. Copying, downloading, dissemination, distribution and storing of the contents of the MusicFloss website is, with the exception of the cache memory when searching for MusicFloss’ pages, prohibited without MusicFloss’ express consent.

C. All information, content, services and software displayed on, transmitted through or used in connection with the MusicFloss website, with the exception of User content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (“Content”), as well as its selection and arrangement, is owned by MusicFloss.

D. User may use the Content online only and solely for personal, non-commercial use, and may download or print a single copy of any portion of the Content (except those items, including music, that are for sale on the website) solely for personal, non-commercial use, provided User does not remove any trademark, copyright or other notice from such Content.

E. User may not post, distribute or republish in any way, any portion of the Content to any Internet, Intranet or Extranet website or incorporate the Content in any database, compilation, archive or cache, except as expressly allowed in these Terms.

F. User may not distribute any Content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content except as expressly allowed in these Terms.

G. User may not copy Content without permission from MusicFloss. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the MusicFloss website. User may not insert any code or product or manipulate the content of the MusicFloss website in any way that affects the User’s experience, and further, may not use any data mining, data gathering or extraction method on the MusicFloss website.



H. Requests to use MusicFloss Content for any purpose other than as permitted in these Terms shall be directed to the Customer Service email address at support@MusicFloss.com.

I. In certain cases, User may be able to use individual stories, videos or other posted Content that appear on the MusicFloss website through online functionality we have specifically designated (e.g., to e-mail a story or to send a video to a friend or to obtain the rights to reproduce a story or other Content for other use). In such cases, MusicFloss will tell User directly in the portion of the Content you may use or you will see a link in the Content itself.

J. User also grants the MusicFloss website the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication User provides or otherwise submits for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for compensation of any type to User.

K. Without limiting the generality of the previous paragraphs, User authorizes MusicFloss to share User posted Content across all websites, to include User content in a searchable format accessible by other Users of the MusicFloss websites, now in use or later developed, to place advertisements in close proximity to such User content, and to use User’s name, likeness and any other information in connection with MusicFloss’ use of the material User provides.

XIII. Errors in Advertisements

On occasion, a product or service offered by advertisers and/or third-parties, on the MusicFloss website, may not be available at the time or at the price as it appears in an advertisement. In such an event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability or error in pricing or product information received from our advertisers or suppliers, you agree MusicFloss is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser.

IX. Additional Terms

A. MusicFloss reserves the right to modify these Terms at any time, without providing reasons and without notice to User other than posting on the MusicFloss website from time to time. A User’s continued use of the MusicFloss website after modifications are posted signifies User’s acceptance of the revised Terms. User is urged to check these Terms frequently in order to determine if they have been modified in any way. If these Terms have been modified and User continues to Use the MusicFloss website, the modified Terms shall be deemed to be accepted by User.

B. Unless otherwise stated in these Terms, User may submit all notices to MusicFloss using the following Customer Service email address at support@MusicFloss.com.

C. MusicFloss may send notices to the User by email to the address(es) given in the User’s registration or updated contact data in User’s account.

D. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of MusicFloss.

F. The place of performance and jurisdiction under these Terms shall be main place of business of MusicFloss, which is District of Columbia..

G. These Terms and the contractual relationship shall be governed by the laws of the District of Columbia and applicable U.S. federal law.

X. Discontinuation of Service

A. MusicFloss may modify, suspend, discontinue or restrict the use of any portion of MusicFloss websites, including the availability of any portion of the Content at any time, without notice or liability.

B. MusicFloss may deny access to any User at any time for any reason. In addition, MusicFloss may, at any time, transfer rights and obligations under these Terms to any current or future MusicFloss subsidiary or business unit, or any companies or divisions, or any entity that acquires MusicFloss or any of its assets.

XI. Customer Service/Support

All queries by User regarding these Terms or MusicFloss’ services can be emailed to MusicFloss at support@MusicFloss.com.

XII. Statute of Limitations

User agrees to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such claim began or User agrees to waive such claim. User also agrees no claim subject to these Terms may be brought as a class action.

XIII. Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

XIV. Effective Date

THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON APRIL 16, 2009.