© by Musicians-Gear 2006
User Terms & Conditions
Musicians-Gear Radio (MGR) provided by musicians-gear.com (MGC)
these terms and conditions are a legal agreement between you and musicians-gear.com. by clicking on the
"I accept button", or checking the "I accept" box, you agree to be bound by this terms, and you declare
to be authorized to sign this agreement for yourself, your band or your broadcast and other involved
violation of any of these terms will result in the termination of your MGR account. MGR will
not be liable for any loss or damage arising from your use of the service, including any
failure by you or another member to comply with these terms.
1. Your representations in consideration for your use of MGR
you represent and warrant as follows:
you have all necessary right, power and authority to enter into this agreement and
to perform as required under this agreement.
you are 13 years old or older. under united states law, you must be at least 13 years of
age to use this service. (children's online privacy protection act of 1998 at
1.3. Personal use
your account is for your sole, personal use (or that of the entity on whose behalf
you are entering into this agreement). you may not authorize others to use your account, and you may
not assign or otherwise transfer your account to any other person or entity. you agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service,
use of the service, or access to the service. you agree not to resell or make commercial use of this
all of the information provided by you to MGR is true, accurate, current and complete.
(including, but not limited to your name, mailing address, email address, phone number, website
address and listener demographic information and other information in your account.
for all content that you upload or send in any way to MGR you warrant that you have all rights,
approvals and/or consents necessary to submit the content on the terms provided in this agreement.
you also guarantee that no permission is required from any other individual or entity for MGR to use the
content in the manner provided herein.
you further guarantee to MGR that the compositions, recordings, lyrics, text and other materials
contained in the content are original, created only by you or the entity on whose behalf you are
entering into this agreement and do not contain any "samples" or excerpts that would infringe on
the copyrights of others and do not otherwise infringe on the rights of any other individuals or companies.
in consideration for your use of the service, you understand and agree as follows:
you are fully responsible for any activity that occurs under your screen name or
account, including any violation of this agreement.
you are responsible for keeping your password secure and confidential. you agree to
notify MGR immediately of any unauthorized use of your password or account or any other breach of security.
2.3. Conduct and Content
you are solely responsible for your conduct and any content that you upload,
create, post, display, publish, e-mail, communicate, transmit or otherwise make available on the
service. you are similarly responsible for your conduct and transmission of content to other users.
3. your conduct
3.1. Illegal Purpose
you must not use the service for any illegal or unauthorized purpose.
you must use the service in a manner consistent with any and all applicable local, state, national and
international laws and regulations (including, but not limited to, international copyright law and
export control law).
you must maintain and promptly update your account information to keep it true,
accurate, current and complete. you must maintain an accurate, up to date, valid, and regularly
and it is your responsibility to ensure that messages from MGR are not being filtered, altered, or
blocked by your email software or service provider. if you provide any information that is untrue,
inaccurate, not current or incomplete, or MGR has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, MGR has the right to suspend or terminate your account
and refuse any and all current or future use of the service.
4. MGR Basic Terms
4.1. Service Terms.
MGR reserves the right, but has no obligation, to take any of the following
actions in its sole discretion at any time and for any reason, and you agree that MGR will not be held
liable to you or any third party for taking any of these actions.
MGR may refuse, move, or remove any content, including, but not limited to,
content that, in MGR's opinion, violates or is alleged to violate any applicable law or
the letter or spirit of this agreement.
MGR may change, suspend, or discontinue all or any part of the service at any
time, with or without reason.
4.2. Alteration of terms
opinions, advice, statements, offers, information or other content made available
through MGR are those of their respective authors, and should not necessarily be relied upon.
such authors are solely responsible for such content. MGR does not guarantee the accuracy,
completeness or usefulness of any information.under no circumstances will MGR be responsible for
any loss or damage resulting
from anyone's reliance on information or other content posted on MGR, or transmitted to or
by any users.
5.1. uploaded Content
MGR does not claim ownership of any intellectual property rights over the
content you upload to MGR. any copyright in your profile and uploaded content belongs
solely to you.
5.2. Content Removal
you can ask to remove your content at any time.
6. Grant of Content Rights to MGR
by uploading content to MGR (including, but not limited to, sound recordings, musical and/or vocal
works, pictures, videos, song lyrics, written materials and/or other materials), you hereby grant,
and you represent and warrant that you have the right to grant, to MGR a worldwide, non-exclusive,
fully-paid-up, worldwide license to use it in any way to run MGR.
you agree to indemnify and hold harmless MGR, its officers, directors, employees, agents and
third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys'
fees) relating to or arising out of your connection to or use of the service, including any
breach by you of the terms of this agreement and any claims arising from the content you submit, post,
transmit or make available through MGR, your use of the service.
you expressly understand and agree that MGR provides the service on an "as is" and "as available"
basis. MGR makes no warranties of any kind, whether express, implied, statutory or otherwise with
respect to the service or information collected for or provided to users under this agreement. to
the full extent permissible by applicable law, MGR disclaims all warranties, express, implied,
statutory or otherwise, regarding or relating to the service or any services provided to the registered
user under this agreement. to the full extent permissible by applicable law, MGR specifically disclaims
any implied warranties of merchantability, fitness for a particular purpose or non-infringement. in
the event of MGR's breach of warranty, the sole and exclusive remedy shall be a refund of the amounts
paid for the service by the registered user.
9. Limitation of Liability
you expressly understand and agree that in no event shall MGR be liable for any indirect, incidental,
special, consequential or exemplary damages arising out of or relating to the use or inability to use
the service, including, without limitation, damages for loss of profits or goodwill, loss or corruption
of data or programs, service interruptions and procurement of substitute services, even if MGR knows or
has been advised of the possibility of such damages. under no circumstances will gb's aggregate liability,
on any form of action whatsoever in connection with this agreement, exceed the amounts paid by you for
10. Exclusions certain jurisdictions do not allow exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages. if these laws apply to you,
some of the above limitations in section 9 and 10 may not apply to you.
11. Term and Termination
this agreement shall become effective upon your acceptance of the terms by clicking on
the "i accept" button or your use of the service and shall remain in effect in perpetuity unless
terminated hereunder.either you or MGR may terminate your account at any time, for any reason or no
reason, without explanation. you agree that MGR may, under certain circumstances and without prior
notice, immediately terminate your account, any associated email address, and access to the service.
cause for such termination shall include, but not be limited to: (a) breaches or violations of this
agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or
material modification to the service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the services. termination
of your account includes (a) removal of access to all offerings within the service. (b)
deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring further use of the service.
all terminations shall be made in MGR sole discretion and that MGR shall not be liable to you or any
third-party for any termination of your account, any associated email address, or access to the service.
12. General provisions
12.1 Binding agreement
this agreement shall inure to the benefit of and be binding upon the
parties and their respec?tive successors and permitted assigns.
12.2 Choice of Law
these terms and the relationship between you and MGR shall be
governed by (and construed and interpreted in accordance with) the laws of Germany .
12.3. Severability and Waiver
if any provision of this agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full
force and effect, and the parties agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision. the failure to exercise or enforce any
right or provision of this agreement shall not constitute a waiver of any prior, concurrent
or subsequent breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing.