Terms and Conditions
440Music Entertainment Co. reserves the right, at our sole discretion, to modify these Terms and any service fees at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting us through our support form.
440Music Entertainment Co. also reserves the right, at our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. 440Music Entertainment Co. may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
440Music Entertainment Co. reserves the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, 440Music Entertainment Co. does not guarantee that your submission will be processed within the expected timeframe. 440Music Entertainment Co. will not have any liability to you as a result of service outages caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction or damage of our facilities, an act of God, war, civil disturbance, or other cause beyond our reasonable control.
Your Content
By submitting material to the Service, you represent and warrant that:
- 440Music Entertainment Co., our customers, and licensees shall not be required to make any payments with respect to material that you submit to our sites, including, but not limited to, payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds;
- You have full right and power to enter into and perform under these Terms and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms;
- The material that you submit to our sites does not contain "samples" of any third party's sound recording or musical composition and will not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights, rights of publicity or privacy, or moral rights;
- The material that you submit is not and will not violate any law, statute, ordinance, or regulation;
- The material that you submit is not and will not be defamatory, trade libelous, pornographic, or obscene; and
- You are at least eighteen years of age.
By submitting sound recordings, musical compositions, or other audio and/or audiovisual content to us, you grant us, our affiliates, and our business partners a worldwide, royalty-free, non-exclusive license to:
- Publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute, and synchronize with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting, or distributing your material to users seeking to download or otherwise acquire it, and/or storing the work in a remote database accessible by users;
- Make your material accessible as audio and/or video streams;
- Use any trademarks, service marks, or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material.
Protect Your Password and Subscription
You agree to provide true, accurate, current, and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your subscription password to anyone else, and you may not use anyone else's password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.
Requests for Removal of Listings
If you believe that material you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. 440Music Entertainment Co. will consider such requests individually.
Third-Party Sites and Content
This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites has posted. 440Music Entertainment Co. has no control over third-party sites and is not responsible for any changes to or content on them. Our inclusion of any material in the Service's search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
Your Conduct on the Service
In addition to our Site, certain material that you submit may, at our sole discretion, also become available to certain partners around the world. If 440Music Entertainment Co. discovers that you have manipulated the data or statistics for certain materials, we reserve the right to remove the product from our site and any of our Affiliates. The content on the Service is intended for your personal, non-commercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips, and flash animation, are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit any of the materials or content on the Service, in whole or part.
Legal Policies and Notices
You hereby agree to indemnify, defend, and hold the Service, and all of our officers, directors, owners, agents, information providers, affiliates, and licensors (collectively, the "Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement, and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service.
440Music Entertainment Co. reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such a case, you agree to cooperate with our defense of such a claim.
The listing, or absence of listing, of any document in the Service's search database does not imply any warranty or guarantee by us for any companies, products, or services described in such documents. 440Music Entertainment Co. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service's search results.