Terms Of Service

I. RIGHTS IN THE CONTENT YOU SUBMIT
By posting your Content using the Services, you are granting Musicianwanted.org and it’s sister site MusiciansIndex.com (hereby known as “the site”)  a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.

II. CONDUCT
a. Posting
As a general matter, you may post content freely, so long as the content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. All project posted must comply with “the site” Guidelines and definition of a Qualifying Project accordingly with our terms & services.

You may not use the “the site” name to endorse or promote any project, service, opinion, of any of your postings. Representation of your posting as endorsed by “the site” is strictly prohibited.

By posting a project, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold “the site” harmless for any and all claims resulting from content you supply. You acknowledge that “the site” does not pre-screen or regularly review posted content, but that it shall have the right to remove in its sole discretion any content that it considers to violate these Terms or the terms of any other user agreements that may govern your use.

You, likewise, agree to represent yourself accurately. You acknowledge that misuse of the Services may lead us, in our sole discretion, to cancel your use of the Services and delete any of your Content. Additionally, “the site” has the right to deactivate your account and may file suit against you or any representative of your organization /representation if you or your representatives violate or abuse the posting conduct defined here. Compensation may be sought from you, for damage or possible damage to the “the site” name.

b. Access
You agree that “the site” will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

c. Account Data
If requested, “the site” will provide your account registration data and information to any governing authority that requests them, regarding any violations of this agreement. Your account data may also be provided to a third party, upon receipt of your permission. Additionally, with your approval, your name may be used to endorse the site and that you are actively using the site and the Services.

III. COPYRIGHT/COPYRIGHT COMPLAINTS
The data contained on the site are the property of “the site” and protected by trademark/copyright and intellectual property laws.

“The site” respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify us at support@MusiciansIndex.com

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
· A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
· A description of the copyrighted work claimed to have been infringed;
· A description of the infringing material and information reasonably sufficient to permit “the site” to locate the material;
· Your contact information, including your address, telephone number, and email;
· A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner

While we are under no obligation to police the site, we will try to remove or deal with any parties that are in violation.

By submitting the ‘Join’ form, you acknowledge that you have read and are bound by this agreement, as well as any other “the site” network usage agreements that may govern your conduct.

IV Submissions
You hereby grant “the site” (also known as the “Company”) the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to “Company” through this site (together, hereafter the “Submission”), and to incorporate any “Submission” in other works in any form, media, technology now known or later developed. “Company” will not be required to treat any “Submission” as confidential, and may use any “Submission” in its business (including without limitation for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future “Company” operations.

“Company” will treat any personal information that you submit through this site in accordance with the Privacy Policy as set forth in this site.

V. $100 GIVEAWAY & WINNER BOX CONTEST RULES

One lucky registered member of www.musicansindex.com will be picked at random each month and placed on the Home page as a rotating “Featured Artist”. At the end of the year, one of the 12 featured artist members will be picked at random and paid the $100.00 prize. The cash prize will be transferred  to their paypal account and the winner will be placed into the “Winner’s Box” on the home page until the next annual winner is picked.  A year is defined as (12) months starting on January 1st and ending December 31st.. All 12 contestants chosen by the end of the year must be in compliance with the eligible requirements shown below to be entered in the $100 drawing.  Good luck to all!

To be eligible for entry into the $100 drawing contest, all of the following must be true:

  1. You are one of the 12 members chosen as a Featured Artist for the current year.

  2. You are a confirmed registered member of MusiciansIndex.com with an active current email address accepting our correspondence.

  3.   You have completed all of the Profile Preferences – Profession, Type, Instrument, Style, Country,
    (State, Province or Territory), and City.

  4. You have set a photo for your main Profile Picture (either stock avatar photo or uploaded your own).

  5. You have written a short Bio summary of at least two sentences related to your Profession or Music Industry service in the ‘Bio’ section of your M.I. Site.

  6. You are part of the Top 40 most active members on the site, determined solely by the MusiciansIndex.com staff, taking into consideration the number of M.I. Buddies, M.I. Points, and Personal Referrals during the contest period.

  7. You are at least 18 years of age.

  8. You have entered a current & valid Paypal account username (email address), capable of being sent a $100 USD payment, in the Income Status page of the M.I. Income Builder. The Paypal account must be in the same name as the registered MusiciansIndex.com member. Please contact support if you are having trouble finding the Paypal entry form.

If picked as a winner for the contest, you agree to allow “the site” to post publicly on the internet and in offline print your profile picture, username, and URL address to your M.I. Site profile page, as well as any testimonial in writing from you and proof that you won the contest and were paid.  Present winners will be excluded from the next drawing (sorry, no consecutive winners allowed).

It is entirely the sole discretion of “the site” to decide how one of the eligible participants will be chosen at random to be the winner. If for some reason “the site” is unable to pay the winner due to, but not limited to, situations such as false information, a new winner will be picked at random as stated before. The winner must also be in agreement and accordance with all other terms of service provided here, in the Affiliate Agreement for the M.I. Income Builder, and throughout the rest of the website. Play fair and no one eligible gets left out!

VI. MODIFICATION OF THESE TERMS OF USE
“The site” reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms. This includes the contest rules shown above.

VII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided on an “as is” and “as available” basis. “The site”  makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content or materials included on this site. To the full extent permissible by applicable law, “the site” hereby disclaims all warranties, express or implied, including but not limited to implied warranties for any particular purpose. “The site”, it’s vendors, employees, or partners are in no way responsible for any costs that you may sustain while using “the site” services. This includes any incurred costs such as, lost time, wages, reputation, punitive or otherwise, while using “the site”.   “The site” will not be liable for any damages of any kind arising from the use of or inability to use this site.

You understand that “the Company” cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. “Company” does not assume any responsibility or risk for your use of the internet.

The “Content” is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by “Company.” Investors, borrowers, and other persons should use the “Content” in the same manner as any other educational medium and should not rely on the “Content” to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OUR COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. “COMPANY” DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. “COMPANY” DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND “COMPANY” MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT “COMPANY,” ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICEING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR IT’S CONTENT. “COMPANY” MAKES NOT WARRANTIES THAT YOUR USE OF THE “CONTENT” WILL NOT INFRINGE THE RIGHTS OF TOHERS AND ASSUMES NO LIABLILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and “Company” does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

VIII.  Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES,M LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF “COMPANY” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF “COMPANY” AND ITS SUBISDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$50 OR THE AMOUNT YOU HAVE PAID TO “COMPANY” FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABLILITY AROSE.

IX. Indemnity
You will indemnify and hold “Company,” its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereafter “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of “Content” other than as expressly authorized in these Terms of Use. You agree that the “indemnified Parties” will no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the “Indemnified Parties” in connection therewith. You will also indemnify and hold the “Indemnified Parties” harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

X. Trademarks
Trademarks, service marks, and logos appearing in this site are the property of “Company” or the party that provided the trademarks, service marks, and logos to “Company.” “Company” and any party that provided trademarks, service marks, and logos to “Company” retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

XI. Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
– you do not have the right to post, including proprietary material of any third party;
– advocated illegal activity or discusses an intent to commit an illegal act;
– does not pertain directly to this site;
– threatens or abuses, libels, defames, invades privacy, stalks, is obscene, indecent, vulgar, pornographic, racist, harassing, threatening or offensive;
-seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
– infringes any intellectual property or other right of any entity or person, including violating any copyright of trademark or rights of publicity;
– violates any law or may be considered to violate any law;
– impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
– advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducing raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
– solicits funds, advertisers, or sponsors;
– includes programs which contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
– disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which effects the ability of other people to engage in real time activities via this site;
– amounts to a ‘pyramid’ or similar scheme;
– disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
– contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, “Company” reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither “Company” nor any third party that provides “Content” to “Company” will assume or have any liability for any action or inaction by “Company” or such third party with respect to any submission.

XII. Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). “Company” will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that “Company” considers insecure, “Company” will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, “Company” reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. “Company” reserves the right to investigate suspected violations of these Terms of Use.

“Company” reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing “Company” to disclose the identity of anyone posting any email messages, or published or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS “COMPANY” FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY “COMPANY” DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER “COMPANY” OR LAW ENFORCEMENT AUTHORITIES.

XIII. Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the State of California, USA, notwithstanding any principles of conflicts of law, You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and “Company” arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the State and Federal courts in Los Angeles, California. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. “Company may revise these Terms of Use at any time by updating this posting.