TERMS AND CONDITIONS OF USE
USE OF THIS WEBSITE SIGNIFIES YOUR UNDERSTANDING OF, AND AGREEMENT TO COMPLY WITH, THESE TERMS AND CONDITIONS OF USE
Privacy and Protection of Personal Information
Application of U.S. Law
By entering this Website, you acknowledge that MusicMakerz intends this Website only to be construed in accordance with United States law. MusicMakerz makes no representations that the materials on this Site are appropriate for use outside the United States or intended to comply with any law other than U.S. law. If you use this Website from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws and regulations, including without limitation applicable laws and regulations concerning the transmission of data.
Personal and Non-Commercial Limited License
MusicMakerz hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Commercial use of any content on the Website is absolutely forbidden. You agree not to copy materials, content or any other information on the Website, reverse engineer or break into (hack) the Website, or use materials, products or services in violation of any state or federal law. You are solely responsible for the audio, video, information, opinions, descriptions, photos, profiles, messages, comments, reviews, tutorials, articles and all other content that you upload, publish, or display on or through the Website, or transmit to or share with other users (“User Content”). By posting User Content to any part of the Website, you automatically grant MusicMakerz an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing. In addition, you shall not manipulate or otherwise display the Website by using framing or similar navigational technology, nor shall you access the Website by any means other than through the standard industry-accepted interfaces.
Trademarks, Copyright and Proprietary Rights
No Unlawful or Prohibited Use
You may not use the Website in any manner which could damage, disable, interrupt, overburden, or impair the Website or MusicMakerz’s network or servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website if you are not expressly authorized by such party to do so .
This Website is intended for adults age 18 or older. This Website is not intended for any children under the age of 13.
MusicMakerz will make reasonable efforts to keep the Website operational. However, events of force majeure (including without limitation, natural disasters, government regulation, strikes, acts of war and terrorism), certain technical difficulties, routine site maintenance/upgrades and other events outside the control of MusicMakerz may, from time to time, result in interruptions to the Website. In addition, MusicMakerz reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice
This Website may include articles and commentary containing information in the form of news, reviews, opinions, articles, tutorials and/or comments (collectively “Commentary”) that, unless otherwise stated therein, should not be construed as specific advice or instruction from MusicMakerz or official expressions of MusicMakerz. MusicMakerz does not warrant, either expressly or by implication, the factual accuracy of the Commentary posted, nor does it adopt any statement as its own, or warrant any Commentary offered by the author of the same.
If you provide Commentary to the Website, MusicMakerz reserves the right to moderate, edit, and remove any of your Commentary that MusicMakerz deems in its sole discretion to have been submitted in bad faith or with malice or is otherwise in violation of law or the rights of others.
Do Not Call Registry Compliance
By submitting personal contact and/or financial information to MusicMakerz through this Website, you hereby grant written permission to MusicMakerz to contact you by telephone, mail, and/or e-mail and therefore waive any right to file a claim in any type of civil action, with the United States Federal Trade Commission or any other governmental agency in reference to these calls or contacts.
Links to Affiliate Websites
This Website may contain links to third-party websites that are not under the control of or maintained by MusicMakerz including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of MusicMakerz and MusicMakerz is not responsible for the contents of any Linked Site. MusicMakerz does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk. In no event shall MusicMakerz be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.
Any dealings with third parties (including advertisers) included within the Website or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MusicMakerz shall not be responsible or liable for any part of any such dealings or promotions .
Third-Party Materials on the Website
This Website may contain materials submitted by third-parties, including but not limited to User Content and advertisements. MusicMakerz has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall MusicMakerz be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. MUSICMAKERZ DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE.
MUSICMAKERZ MAKES NO WARRANTIES OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR OPERATE IN A TIMELY, SECURE, UNINTERRUPTED MANNER OR THAT ANYTHING GENERATED BY OR OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS WILL BE CORRECTED.
MUSICMAKERZ HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA OR OTHERWISE THAT RESULTS FROM YOUR USE OF THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSICMAKERZ THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law .
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL MUSICMAKERZ BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION DAMAGES FROM LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF USE OR DATA OR OTHER INTANGIBLE LOSSES, LOSS OF ACTUAL OR ANTICIPATORY PROFITS, LITIGATION, OR INABILITY TO USE THE WEBSITE OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR DATA OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS IN THE WEBSITE, MUSICMAKERZ’S EXERCISE OF ITS RIGHTS TO MODIFY, LIMIT, OR DELETE MATERIALS IN YOUR LISTINGS ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law .
Waiver of Jury Trial/Rights to Class Actions
Copyright Infringement Notice Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact MusicMakerz’s designated Copyright Agent and provide the following information:
• A description of the copyrighted work that allegedly has been infringed.
• A description of the material that is claimed to be infringing and the URL of where such material is located on the Website, sufficient to permit MusicMakerz to locate the material.
• Your contact information, including an address, telephone number, and e-mail address.
• A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• Your physical or electronic signature.
Send this information to:
MusicMakerz, LLC. Attn: Copyright Agent 13000 S. Tryon St, Suite F-284, Charlotte, NC28278, USA
You should consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA .
Choice of Law
Consent to Receive Notices Electronically
MusicMakerz also has the right to refuse, move, limit the size of data in, or remove, any material that you submit on or through the Website, and to establish general practices and limits concerning use of the Website. MusicMakerz reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website, including but not limited to, technology barriers, IP mapping, and direct contact with your Internet service provider. Upon termination of your access to the Website, MusicMakerz shall delete all of your public User Content, without liability to you.
MusicMakerz provides a venue to introduce Users who wish to provide professional services (“Freelancers” or “Service Providers”) and Users who seek such professional services (“Artists” or “Record Labels” or “Employers”)(respectively or jointly as the “Parties” and individually as a “Party”, both known as “Users”). The Site enables Users to identify each other and work together online to complete and pay for projects.
As a Freelancer, when you propose project terms to another user, you are creating and agreeing to a contract. If an employer chooses to accept your proposed terms, you have entered a contract with that employer and are responsible for providing the services agreed upon in a professional manner by the date agreed upon.
As an Client or Employer, once you select to accept a freelancer’s proposed terms, you have entered into a contract with that Freelancer and are required to pay the Freelancer based on the terms agreed upon in that proposal through MusicMakerz’s payment facilitation system.
MusicMakerz is not a party to this contract and merely facilitates finding freelancer and paying them for their service as agreed by both of you in the proposed terms offered by the freelancer and agreed upon by the employer.
MusicMakerz charges freelancers a fee in exchange for providing a venue to find employers and collecting payment from employers where applicable. MusicMakerz’s fees can be found on the site.
MusicMakerz is not an escrow service nor is it a money aggregator or a transmitter.
The parties to a project are the Freelancer, the Employer and MusicMakerz. MusicMakerz is a party to a project for purposes limited to (a) the provision of the virtual venue and hosting of the Site(s) to enable selection of Freelancers and projects and payment to freelancers by employers based on agreed terms.
Although MusicMakerz provides a virtual environment for definition of projects and assessment of Freelancer suitability, each Freelancer and each Employer acknowledges and agrees that, despite any recommendation made by MusicMakerz of any Freelancer in relation to a project, they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise (as applicable) of a Freelancer to perform or complete any project or of an Employer to provide funds during and/or on completion of any project and clarification on a project as required during the term of a project. MusicMakerz has not investigated the suitability of any Freelancer for any project and the Employer acknowledges that it is its sole responsibility to assess the ability of a Freelancer to satisfactorily complete a project. Depending on their jurisdiction, Freelancers and Employers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded.
Upon the Employer awarding a project to a Freelancer based on a Freelancer’s proposed terms a contract is created between freelancer and employer. The Employer agrees to purchase, and the Freelancer agrees to deliver the services agreed upon.
When you enter into a transaction, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement. You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as an Employer or Freelancer, or in any other uses you make of the Site.
If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, MusicMakerz has no responsibility for enforcing any User rights.
When the work is delivered and paid for, the client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the freelancer and the freelancer waives any and all moral rights therein. The deliverables shall be the exclusive property of the client. To the extent that under applicable law, Proprietary Rights cannot be assigned, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Client an exclusive (excluding also Freelancer), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Work Product in any manner now known or in the future discovered. The Freelancer expressly agrees to assign to Client the copyright in any delivered work that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, the Freelancer agrees that unless indicated and agreed otherwise by both parties in message through the workroom, once the order is completed the Freelancer assigns along with it to the Client, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered work and waives any and all moral rights in connection therewith. All transfer and assignment of intellectual property to Client shall be subject to full payment for the Job.
MusicMakerz does not offer any form of insurance or other Employer or Freelancer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Employers and Freelancers.
Because user identification on the Internet is difficult, we cannot and do not confirm each User’s purported identity.
If an Employer fails to pay amounts owed following an agreement with Freelancer whether by cancelling Client’s credit card, initiating an improper chargeback, or any other means, Employer’s MusicMakerz’s account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, User must reimburse MusicMakerz for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys’ fees and other costs of collection as allowed by law. In its discretion, MusicMakerz may setoff amounts due against other amounts received from or held for Employer, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
As a Freelancer you acknowledge and agree that MusicMakerz will be entitled to recover any chargebacks that may be imposed on MusicMakerz by a credit card issuer on funds paid to you by Employers through the Site. A chargeback occurs when an employer rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that MusicMakerz may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, MusicMakerz assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
Our Site acts as an online venue to allow Users to offer and buy professional services. As a result you acknowledge and agree that MusicMakerz has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Freelancers to provide the services or the Employers to pay for the services. We do not guarantee that a User will actually complete the professional services or act lawfully in using the Site.
MusicMakerz is not part of any services agreements you enter into with other members. There is no joint venture between any member and us. We’re not a re-supplier of services provided by service providers. Service providers are independent contractors and are not our employees, sub-contractors, partners or agents. We provide the site and not the services.
You release us from any liability relating to a dispute and the outcome of any dispute resolution process.
We encourage freelancers and employers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact MusicMakerz’s customer service team [email protected] and we will do our best to try and mediate, without guarantee.
Opening an Account
To become a User and access the Site and Services you must register for an “Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
MusicMakerz reserves the right to terminate the participation of any User without reason but expressly including any User that MusicMakerz judges to be in violation of the User Agreement. Without limiting the foregoing, MusicMakerz may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
You agree and acknowledge that unless explicitly requested, MusicMakerz may display your company name, logo and public description of your projects and profile as part of the MusicMakerz website(s) and / or other MusicMakerz marketing materials.
You acknowledge that: (1) MusicMakerz is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, in a User Account are not segregated into a separate account but represent unsecured obligations of MusicMakerz to the User with respect to the purchase and sale of Services through MusicMakerz; (3) MusicMakerz is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits.
Hold on funds
MusicMakerz, in its sole discretion, may place a hold on any or all of the payments you receive when MusicMakerz believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If MusicMakerz places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances MusicMakerz may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor, MusicMakerz will lift the temporary hold.
MusicMakerz requires you to make all payments to MusicMakerz and to make payments to and accept payments from other Users in the purchase and sale of Services for MusicMakerz projects directly through the mechanisms available on the Site.
You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of MusicMakerz) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Freelancer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying MusicMakerz if the payment amount increases after the project is closed .
You are responsible for paying any taxes, including any goods and services or value added taxes for services you acquire or services you perform.
Feedback, Reputation and Reviews
You may not do (or omit to do) anything that may undermine the integrity of MusicMakerz’ review or feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to MusicMakerz.
Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content or user data contained therein without the prior written permission of MusicMakerz.
Users will not distribute unsolicited commercial messages (“spam”) through the User’s Account.
Users will not contact employers or freelancers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not attempt to contact other users they were introduced to through MusicMakerz directly, outside of MusicMakerz channels. Users will not create multiple user Accounts for any reason.
If you create a project, you cannot create another Account to bid on it, nor can you award yourself that project.