THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS WEB SITE AND ALL SERVICES AVAILABLE ON THIS WEB SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND MEDIAMASTER, INC. (“WE” “US” OR “MEDIAMASTER”) AND GOVERN YOUR ACCESS TO, AND USE OF THE MEDIAMASTER WEBSITE LOCATED AT WWW.MEDIAMASTER.COM (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I AGREE” AND DO NOT ACCESS OR OTHERWISE USE THIS SITE. BY CLICKING “I AGREE” OR USING THIS SITE AND/OR THE SERVICES ON THIS SITE, YOU INDICATE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MEDIAMASTER MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND MEDIAMASTER CAN CHANGE THESE TERMS, AT ANY TIME WITHOUT NOTICE, BY POSTING UPDATED TERMS OF USE ON THE SITE AS INDICATED BY THE LAST UPDATED DATE SET FORTH BELOW. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
MediaMaster provides a digital on-line music storage locker service (the “Service”) through the Site. Certain information, applications and services provided on and through the Site, including content, trademarks, logos, graphics and images other than music or content uploaded by you or at your request (together, the “Materials”) are provided to you by MediaMaster and are the copyrighted work of MediaMaster or MediaMaster’s licensors.
Except as expressly provided herein, you may download the Materials displayed on the Site and MediaMaster grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services and the Site solely for your personal use if you are an individual and solely for business use if you are an organization or agent of your organization. Except as expressly set forth herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
You acknowledge that by uploading music or any other content to the Site, or requesting that music or any content be uploaded to your account maintained on the Site, that you are directing MediaMaster to store the file(s) in the format in which it/they is/are uploaded or to convert and store it in the MP3 format or such other format in which it/they may be converted by MediaMaster. You agree that you will not upload music and content, and will not request that any music or content be uploaded, to your account maintained on the Site, that infringes the copyright or other intellectual property rights of any third party.
You may need a password to login to the Site and/or to use the Services and certain MediaMater Applications (defined below), functions and areas within the Site (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify MediaMaster if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify MediaMaster of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes.
MediaMaster may make certain applications available to you (either for free or for a fee) via download, including, without limitation, the MediaMaster digital client software and other related MediaMaster software tools, widgets, and applications (the “MediaMaster Applications”). Subject to your compliance with these Terms (including, without limitation, timely payment of applicable fees, if any), MediaMaster grants you a limited, personal, non-exclusive, non-transferable, world-wide license to use the MediaMaster Applications solely for your own internal personal use.
The Services enable you to upload, store and make available to you, your digital media files and any other content uploaded to your account for personal non-commercial use (the “Content”). You acknowledge that you are responsible for your Content and that you, and not MediaMaster, will have full responsibility for all such Content uploaded by you through your use of the Service, including its legality, reliability, appropriateness, originality and compliance with third-party copyright rights. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR CONTENT, except for the MediaMaster Applications used to store or otherwise access your Content. By uploading Content to this Site, you represent and warrant that you have all rights to upload the Content. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any of your Content. You warrant that you have no knowledge as to any third-party claims regarding the intellectual property or other rights in the Content which claims would interfere with the rights granted under these Terms. You will indemnify, defend and hold MediaMaster harmless from a breach of the foregoing. You acknowledge that MediaMaster does not pre-screen submitted Content, but that MediaMaster and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content from this Site or any MediaMaster Application. You further acknowledge and agree that technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks and devices.
If applicable, you will pay all fees or charges to your account based on MediaMaster’s fees, charges, and billing terms in effect as shown on the payment page set forth on this Site. All payments shall be made by credit card or other electronic payment method approved by MediaMaster (such as PayPal or ACH transaction) in advance prior to receiving access to any MediaMaster Application or other service available at this Site, if applicable. You are responsible for paying any taxes that may apply. If you do not pay on time or if MediaMaster cannot charge your credit card or other payment account for any reason, MediaMaster reserves the right to either suspend or terminate your access to the Site, your account and/or the applicable MediaMaster Application(s) and terminate these Terms. If you cancel your account at any time, you will not receive any refund.
By using the Services, you consent to receiving electronic communications from MediaMaster. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Services. These electronic communications are part of your relationship with MediaMaster and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your use of the Site is governed by the MediaMaster Privacy Policy, which is available at http://www.mediamaster.com/privacy.jsp (the “Privacy Policy”).
Certain information and content may be provided by third-party licensors and suppliers to MediaMaster (“Third- Party Content”). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third-Party Content, you agree to only display the Third-Party Content on your personal computer or hand-held device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. MEDIAMASTER DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Site may be linked to other sites that are not MediaMaster Sites. MediaMaster is providing these links to you only as a convenience, and MediaMaster is not responsible for the content or links displayed on such sites.
Unauthorized use of any Materials, MediaMaster Applications or Third-Party Content contained on this Site, or the uploading of unauthorized Content to the Service, may violate certain laws and regulations. You shall indemnify and hold MediaMaster and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) MediaMaster or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or the Service or the use of the Site and/or the Service by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
MediaMaster reserves the right to terminate your access to your account, your ability to access and post Content to the Site, Services and/or the MediaMaster Applications, with or without cause, and with or without notice, or for any action that MediaMaster determines is inappropriate or disruptive to the Site, Services or to any other user of the Site and/or Services. You hereby agree to waive any claims against MediaMaster and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than MediaMaster. MediaMaster may report to law enforcement authorities any actions that may be illegal, or any reports it receives of such conduct. When legally required, or at MediaMaster’s discretion, MediaMaster will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
MediaMaster reserves the right to delete your account if it has been inactive for more than sixty (60) days. MediaMaster will use commercially reasonable efforts to send you an e-mail notice alerting you to the potential deletion of your account from the Site. If your account remains inactive for five (5) days after MediaMaster sends the e-mail notification, MediaMaster will delete your account and any personally identifiable information related to your account in accordance with the Correction/Deletion/Updating Personally Identifiable Information section of the Privacy Policy.
MediaMaster is a trademark of MediaMaster, Inc. in the United States. All other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of MediaMaster, Copyright © 2006-2007 MediaMaster, Inc. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
MediaMaster respects the intellectual property of others, and we ask you to do the same. MediaMaster may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site, Services, the MediaMaster Application(s), or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide MediaMaster’s copyright agent the following information:
Under the appropriate circumstances, it is MediaMaster’s policy to remove and/or to disable access from the Site and Services to web pages of repeat infringers and to terminate subscribers and account holders who are repeat infringers.
MediaMaster’s agent for notice of claims of copyright infringement on this Site can be reached as follows:
MediaMaster, Inc
1710 S. Amphlett Blvd.
Suite 314
San Mateo, CA 94402
(650) 235-3484
DMCAissues@mediamaster.com
Your use of this Site, the Services and/or the MediaMaster Application(s) is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by MediaMaster, and they may include inaccuracies or errors. MediaMaster does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. MediaMaster has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by MediaMaster or our licensors.
MEDIAMASTER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES, MEDIAMASTER APPLICATIONS OR ANY MATERIALS, THIRD-PARTY CONTENT OR CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD-PARTY CONTENT AND THE CONTENT OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, MEDIAMASTER APPLICATIONS, MATERIALS, THIRD- PARTY CONTENT, CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MEDIAMASTER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER BY OTHER MEMBERS OR THROUGH YOUR USE OF ANY MEDIAMASTER APPLICATIONS.
MEDIAMASTER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR CONTENT. IN NO EVENT SHALL MEDIAMASTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF MEDIAMASTER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
MediaMaster controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, MediaMaster may terminate your access to the Site, Services, MediaMaster Application(s) or Restricted Areas without notice. However, certain violations of these Terms, as determined by MediaMaster, will result in immediate termination of your access to the Site, Services, MediaMaster Application(s) or Restricted Areas. MediaMaster has the right to terminate any password-restricted account for any reason. California law and controlling U.S. Federal law, without regard to the choice or conflict of laws provisions, will govern these Terms. Any disputes relating to these Terms or the Site and/or the Services will be heard in the State or Federal court located in San Mateo County, California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. MediaMaster’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and MediaMaster and supersede all prior or contemporaneous negotiations, discussions or agreements between you and MediaMater about the Site and/or the Services.
These Terms of Use were last updated: February 1, 2007
These Terms of Use are effective as of: February 1, 2007