Terms of Use Agreement - MusicPoll.ME

MusicPoll.ME - Terms of Use Agreement
Last revision: December 13, 2010

Eligibility | Term | Password | User Conduct | Proprietary Rights of Content on MusicPoll.ME | Polls | User Content | Prohibited Content and Activity | Protecting Copyrights and Other Intellectual Property | Member Disputes | Dispute Resolution | Privacy | Disclaimers | Limitation on Liability | U.S. Export Controls | Disputes | Indemnity | Other

THE FOLLOWING DESCRIBES THE TERMS ON WHICH MUSICPOLL.ME OFFERS ACCESS TO OUR WEBSITE AND SERVICES

Terms and Conditions of Use
MusicPoll.ME is a website that allows users to take music polls and view poll results and other information. Our offered services include any MusicPoll.ME -branded URL (the "MusicPoll.ME Website"), and any other features, content, or applications offered from time to time in connection with our business (collectively, the "MusicPoll.ME Services"). The MusicPoll.ME Services were developed and are hosted and maintained in the United States. The term “our” refers to MusicPoll.ME.

This Terms of Use Agreement ("Agreement") constitutes legally binding terms and applies to your use of the MusicPoll.ME Services. By accessing and/or using our Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MusicPoll.ME Services, including, without limitation, through a mobile or other wireless device, or otherwise use the our Services without being registered) or you are a "Member" (which means that you have registered with us). The term "User" refers to a Visitor or a Member. You are authorized to use the MusicPoll.ME Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition you must indicate your acceptance of this Agreement during the registration process. The terms "you", "your" and "yourself" each means the person who accesses the MusicPoll.ME Service. The terms “our” and “us” refer to MusicPoll.ME.

MusicPoll.ME reserves the right to modify this Agreement at any time without notice, and each such modification shall be effective upon publication on the MusicPoll.ME Website. We will apply all modifications prospectively. Your continued use of our Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as modified. It is therefore important that you review this Agreement regularly. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND TO ABIDE BY ALL APPLICABLE LAW, YOU MUST DISCONTINUE USE OF THE MUSICPOLL.ME SERVICES IMMEDIATELY. Your use of our Service is subject to the following Terms and Conditions of Use (these "Terms"). The terms "you", "your" and "yourself" each means the person who accesses the Service whether or not such person is a Member. The terms “we” and “our” refer to MusicPoll.ME. (You may receive a copy of this Agreement by submitting a written request to MusicPoll.ME.)

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE

1. Eligibility

Use of the MusicPoll.ME Services and registration to be a Member for the MusicPoll.ME Services (“Membership”) is void where prohibited. By using our Services, you represent and affirm that: (a) you are 13 years of age or older; (b) all registration information you submit is truthful, accurate, and(c) you will maintain the accuracy of such information, and (d) your use of our Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated, and/or your I.P. address banned without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the MusicPoll.ME Services or maintain Membership. You may terminate your Membership at any time, for any reason, by following the instructions on your MusicPoll.ME profile page. MusicPoll.ME may terminate your Membership and/or ban your IP address at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, MusicPoll.ME reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the MusicPoll.ME Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, MusicPoll.ME reserves the right, in its sole discretion, to reassign or rename your profile URL. MusicPoll.ME also reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the MusicPoll.ME Services if MusicPoll.ME determines, in its sole discretion, that you have violated this Agreement or pose a threat to MusicPoll.ME, its employees, business partners, Users and/or the public. Furthermore, MusicPoll.ME reserves the right to ban musicians from MusicPoll.ME polls at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation.

3. Password

When you sign up to become a Member, you will be asked to select a password. You are responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect unauthorized use of your account or access to your password. You are responsible for any and all use of your account.

4. User Conduct

The MusicPoll.ME Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by MusicPoll.ME. MusicPoll.ME reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the MusicPoll.ME Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MusicPoll.ME Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. MusicPoll.ME reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of MusicPoll.ME Services.

5. Proprietary Rights of Content on MusicPoll.ME

Information Submitted by Users. MusicPoll.ME claims exclusive ownership and rights to the data collected through the polls conducted on MusicPoll.ME. Any and all information submitted by Users, including, but not limited to poll responses, are considered voluntarily submissions. The User acknowledges that the voting information they provide to MusicPoll.ME may be used for commercial purposes. By voting, commenting, or otherwise interacting on, through or in connection with the MusicPoll.ME Services, you hereby acknowledge that MusicPoll.ME claims to own rights to the data collected on MusicPoll.ME.

Content Posted and Displayed from other Websites and Applications. MusicPoll.ME does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that transmit, submit, display or publish (“post”) on, through or in connection with the MusicPoll.ME Services. Content displayed on, through or in connection with MusicPoll.ME Services continues to recognize any such rights that the author may have to the Content. By viewing any Content on, through or in connection with the MusicPoll.ME Services, YOU HEREBY ACKNOWLEDGE THAT MusicPoll.ME DOES NOT CLAIM TO OWN RIGHTS TO THE CONTENT ON MusicPoll.ME, (MusicPoll.ME displays content covered by a limited license granted by the author of the Content displayed on MySpace. (http://www.myspace.com/help/terms)

MusicPoll.ME content. MusicPoll.ME Services contain Content of MusicPoll.ME ("MusicPoll.ME Content"). Copyright, trademark, patent, trade secret and other laws protect MusicPoll.ME Content, and MusicPoll.ME owns and retains all rights in the MusicPoll.ME Content and the MusicPoll.ME Services. MusicPoll.ME hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the MusicPoll.ME Content (excluding any software code) solely for your personal use in connection with viewing the MusicPoll.ME Website and using the MusicPoll.ME Services.

Content of Users and other Licensors. The MusicPoll.ME Services contain Content of Users and other licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the MusicPoll.ME Services.

User Notifications. MusicPoll.ME performs technical functions necessary to offer the MusicPoll.ME Services, including, but not limited to, the technical processing and transmission of email communications. In addition, you agree and acknowledge that MusicPoll.ME may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the MusicPoll.ME Services. You may log into your MusicPoll.ME account and choose to unsubscribe from some of the notifications.

Storage Capacity. MusicPoll.ME reserves the right to limit the storage capacity of Content that you post on, through or in connection with the MusicPoll.ME Services.

6. Polls

MusicPoll.ME respects the work of musicians, and requires that our Users do the same. Please exercise integrity when participating in MusicPoll.ME polls by proving informed and honest responses when taking our polls. MusicPoll.ME polls and their results are subject to error and inaccuracies. Although our polls are intended to allow and limit a unique User to one vote for each poll match up, such an outcome cannot be guaranteed. Poll results may be skewed for a variety of reasons, including without limitation the group of Users taking the polls and the automated poll assignments.

7. User Content

Please choose the information that you post on, through or in connection with the MusicPoll.ME Services carefully. Your MusicPoll.ME profile may not include any form of Prohibited Content and Activity (Section 9). Despite this prohibition, information, materials, products or services provided by other MusicPoll.ME Members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and MusicPoll.ME assumes no responsibility or liability for this material. If you become aware of misuse of the MusicPoll.ME Services by any person or Linked Service, please notify us.

Prohibited Content. MusicPoll.ME may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of MusicPoll.ME violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.

User Responsibility. MusicPoll.ME assumes no responsibility for monitoring the MusicPoll.ME Services for inappropriate Content or conduct. If at any time MusicPoll.ME chooses, in its sole discretion, to monitor the MusicPoll.ME Services, MusicPoll.ME nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on, through or in connection with any of the MusicPoll.ME Services, and any material or information that you transmit through MusicPoll.ME and for your interactions with other Users.

8. Prohibited Content and Activity.

The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the MusicPoll.ME Services. MusicPoll.ME reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending Content from the MusicPoll.ME Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of MusicPoll.ME: (a) is clearly offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, excessive violence, offensive subject matter, or uses sexually suggestive imagery; (e) contains a link to an adult website; (f) solicits personal information from anyone under 18; (g) publicly posts information that poses or creates a privacy or security risk to any person; (h) constitutes or promotes information that is knowingly false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or slanderous; (i) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (j) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";(k) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (l) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (m) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; (n) involves commercial activities and/or sales without prior written consent from MusicPoll.ME (for example: contests, sweepstakes, barter, or other advertising) (o) includes a photograph or video of another person that you have posted without that person's consent; (p) uses any unfair, misleading or deceptive Content intended to draw traffic to the profile or page; or (q) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the MusicPoll.ME Website and through your use of the MusicPoll.ME Services. MusicPoll.ME reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, terminating your Membership, banning your IP address and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to: (r) criminal activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (s) advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the MusicPoll.ME Services. Transmitting any chain letters or junk email to other Users is prohibited. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages or other unauthorized commercial communications of any kind through the MusicPoll.ME Services, you acknowledge that you will have caused substantial harm to MusicPoll.ME, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MusicPoll.ME $100 for each actual or intended recipient of such unsolicited message or other unauthorized commercial communication you send through the MusicPoll.ME Services; (t) circumventing or modifying, attempting to circumvent or modify, or assisting any other person in circumventing or modifying any security technology or software that is part of the MusicPoll.ME Services; (u) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (v) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the MusicPoll.ME Services other than your Content which you legally post on, through or in connection with the MusicPoll.ME Services; (w) providing or using “tracking” or monitoring functionality in connection with the MusicPoll.ME Services, including, without limitation, to identify other Users’ views, actions or other activities on the MusicPoll.ME Services; (x) covering or obscuring the advertisements and/or safety features on your personal profile page, or any MusicPoll.ME page via my any means; (y) any automated use of the system, such as, but not limited to, using scripts to vote, create accounts, or post Content; (z) interfering with, disrupting, or creating an undue burden on the MusicPoll.ME Services or the networks or services connected to the MusicPoll.ME Services; (aa) impersonating or attempting to impersonate MusicPoll.ME or a MusicPoll.ME employee, administrator or moderator, another Member, or person or entity (including the use of email addresses associated with or of any of the foregoing); (bb) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your MusicPoll.ME account; (cc) selling or otherwise transferring your MusicPoll.ME profile, your email address or URL; (dd) using or distributing any information obtained from the MusicPoll.ME Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; (ee) displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the MusicPoll.ME Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by MusicPoll.ME, posting comments with a commercial purpose, or other activity with a commercial purpose; (ff) using invalid or forged headers to disguise the origin of any Content transmitted to or through MusicPoll.ME’s computer systems, or otherwise misrepresenting yourself or the source of any Content; (gg) using any automated system, including, but not limited to, scripts or bots in order to harvest data from the MusicPoll.ME Website for any purposes; (hh) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or (ii) using the MusicPoll.ME Services in a manner inconsistent with any and all Applicable Law.

9. Protecting Copyrights and Other Intellectual Property

MusicPoll.ME respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is MusicPoll.ME’s policy to terminate, in appropriate circumstances, the membership and/or ban the IP address of infringers. If you believe your work has been copied and posted on or through the MusicPoll.ME Services in a way that constitutes copyright infringement, please contact us.

10. Member Disputes

You are responsible for your interactions with other MusicPoll.ME Users and any other parties with whom you interact with through the MusicPoll.ME Services. MusicPoll.ME reserves the right, but has no obligation, to become involved in any way with these disputes.

11. Dispute Resolution

All disputes arising out of or relating to these Terms or your use of MusicPoll.ME’s Service will be exclusively resolved in state or federal court located in Colorado to enforce these Terms or prevent an infringement of a third party's rights. Each party hereby irrevocably submits to the personal jurisdiction of such court.

12. Privacy

Use of the MusicPoll.ME Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers

MusicPoll.ME is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the MusicPoll.ME Services, by Users of the MusicPoll.ME Services, and such User Content does not necessarily reflect the opinions or policies of MusicPoll.ME. In addition, MusicPoll.ME is not responsible for any damage, injury or loss caused by Users of the MusicPoll.ME Services or by any of the equipment or programming associated with or utilized in the MusicPoll.ME Services. Profiles created and posted by Members on, though or in connection with the MusicPoll.ME Services may contain links to other websites or services. MusicPoll.ME is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by MusicPoll.ME. Inclusion of any linked website or service on the MusicPoll.ME Services does not imply approval or endorsement of the linked website or service by MusicPoll.ME. When you access these third party sites and services, you do so at your own risk. MusicPoll.ME takes no responsibility for third party advertisements that are posted on, through or in connection with the MusicPoll.ME Services, nor does it take any responsibility for the goods or services provided by these third parties. MusicPoll.ME is not responsible for the conduct, whether online or offline, of any User of the MusicPoll.ME Services. MusicPoll.ME assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. MusicPoll.ME is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MusicPoll.ME Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MusicPoll.ME Services. Under no circumstances shall MusicPoll.ME be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the MusicPoll.ME Services, attendance at a MusicPoll.ME event, from any User Content posted on or through the MusicPoll.ME Services, or from the conduct of any Users of the MusicPoll.ME Services, whether online or offline. The MusicPoll.ME Services are provided "as is" and as available and MusicPoll.ME expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MusicPoll.ME cannot guarantee and does not promise any specific results from use of the MusicPoll.ME Services.

14. Limitation on Liability

IN NO EVENT SHALL MUSICPOLL.ME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MUSICPOLL.ME SERVICES OR LINKED SERVICES, EVEN IF MUSICPOLL.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUSICPOLL.ME'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUSICPOLL.ME FOR THE MUSICPOLL.ME SERVICES DURING THE TERM OF MEMBERSHIP.

15. U.S. Export Controls

Software available in connection with the MusicPoll.ME Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the MusicPoll.ME Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions. You and MusicPoll.ME agree to submit to the exclusive jurisdiction of the courts located within the State of Colorado to resolve any dispute arising out of the Agreement or the MusicPoll.ME Services. 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 THIS AGREEMENT. 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 THIS AGREEMENT.

17. Indemnity

You agree to indemnify and hold MusicPoll.ME, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the MusicPoll.ME Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the MusicPoll.ME Services.

18. Other

This Agreement is accepted upon your use of the MusicPoll.ME Website or any of the MusicPoll.ME Services and is further affirmed by you becoming a Member. Your agreement with MusicPoll.ME will always include this Agreement at a minimum. Your access and use of certain MusicPoll.ME Services may require you to accept additional terms and conditions applicable to such certain MusicPoll.ME Services, in addition to this Agreement, and may require you to download Software or Content. The failure of MusicPoll.ME to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. MusicPoll.ME is a trademark of MusicPoll.ME, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Defined Terms. "Us," "we," "our," and "MusicPoll.ME" mean the same as they do in the Terms of Use. “Information” and “content” are used more generally and interchangeably here than in the Terms of Use unless otherwise limited by the context.

For questions about this Agreement, please contact us.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Additional terms applicable to your use of and access to MusicPoll.ME Services are found in our Privacy Policy.