The terms & conditions detailed in this document apply to all MYMUSICSTREAM.COM membership types. This includes but not limited to Artists, Musicians, Bands, Solo Artists, Music Fans, General Listeners, Record Labels, Recording Studios, Production Companies, Management Companies/Individuals, Music Distributors, OMD's, Publishing Companies & Partners.
Material, Materials - Refer to Audio, Visual, Music, Video, Images, News Content, Resourced Content and General Content.
Service, The Service - The Features, Functions, Information and Support Services and any other Services provided by the MYMUSICSTREAM.COM web site.
1. Ownership Rights - You agree that all materials that you upload or post as a member of MYMUSICSTREAM.COM are your property and that you either own the copyright to the material or you have express written permission from the owner of the copyrighted materials. You retain all copyright and ownership rights to your uploaded materials.
2. Artist Grants MYMUSICSTREAM.COM non-exclusive rights to materials - You grant MYMUSICSTREAM.COM non-exclusive rights to use uploaded materials throughout the site free from all fees & royalties unless otherwise specified by the artists differently. This includes but is not limited to sound recordings, audiovisual works of you audio performances, video, biographical information, likeness, trademarks, trade names, and any other material provided by you to MYMUSICSTREAM.COM. At any time you may cease to grant MYMUSICSTREAM.COM rights to any of your uploaded material by deleting your material using the deletion function in the members area. MYMUSICSTREAM.COM will remove any deleted material from the server instantly.
3. Sale of Artist Materials - You agree that you own the copyright or have been licensed the material you offer on MYMUSICSTREAM.COM for digital download sales. You agree that your copyright ownership or the terms of your license agreement allow you to sell and distribute the material on MYMUSICSTREAM.COM. MYMUSICSTREAM agrees to pay you as an artist an amount equal to 60% of the selling price exclusive of any sales taxes due by MYMUSICSTREAM.COM. The amount paid will be in the artists default currency in their home country of residence. If the default currency is not available by MYMUSICSTREAM.COM the default currency will be set as either Australian Dollars (AUD), Canadian Dollars (CAD), Euro (EUR), Pounds Sterling (GBP) or United States Dollars (USD). MYMUSICSTREAM.COM reserves the right to select a default currency for a member.
To be paid you agree to set up a PAYPAL account and give notice to MYMUSICSTREAM.COM of the correct PAYPAL account email within the MYMUSICSTREAM.COM members area. MYMUSICSTREAM.COM will make payments into the indicated account on the 15th of every month for the prior month's account balance given the account balance has exceeded the minimum payment amount indicated by the member. MYMUSICSTREAM.COM reserves the right to change this percentage at any time in the future with prior notice.
4. Copyright/Ownership Disputes - In the case of copyright or ownership disputes MYMUSICSTREAM.COM suggests that disputing parties resolve issues directly. If MYMUSICSTREAM.COM finds that a member has violated or infringed copyright law the materials in violation, and all copies, will be removed from the server instantly. MYMUSICSTREAM.COM reserves the right to terminate a members account in violation of copyright laws.
5. Review & Right to Remove - MYMUSICSTREAM.COM reserves the rigth to remove or reject any materials you may provide.
6. Licensing Options For Your Materials - MYMUSICSTREAM.COM gives artists & members the option to offer their materials under 2 copyright license options as indicated below. Artists agree that they have read and understand both license types.
Materials uploaded or posted on MYMUSICSTREAM.COM as indicated by the respective artist in their artist profile is licensed under full copyright.
1. Provision and Maintenance of Account - MYMUSICSTREAM.COM account setup is electronic. It s the responsibility of members to maintain the correct and most up to date account information. It is your responsibility to adhere to all copyright laws as well as checking for errors, violations & any unlawful obscenity. MYMUSICSTREAM.COM is a service used by the music community at all levels.
2. Account Login and Passwords - Upon becoming a member to the Service, MYMUSICSTREAM.COM will provide the member with a unique login ID and password which allows access to the Service. Login IDs and passwords are non-transferable. Each member must keep their password strictly confidential. Remember your password! For security reasons, MYMUSICSTREAM.COM will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any Login ID or password to another person or entity, or allowing any person or entity other than the member to access the Service via such member's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law.
3. Member Age - Member hereby swears and affirms under oath, warrants and represents that he/she is at least thirteen (13) years of age and has the legal capacity to enter into agreements of this nature. MYMUSICSTREAM.COM makes no representation or warranty that the content published on MYMUSICSTREAM.COM complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. You further represent and warrant that you understand the nature of the content published on MYMUSICSTREAM.COM, namely, celebrity addresses and other related celebrity contact information, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
4. Illegal Use of Services Provided - Ilegal and/or unauthorized usage of this site or any of the MYMUSICSTREAM.COM services, including but not limited to collecting of email addresses and/or usernames by electronic or other means for the purpose of sending unsolicited email and unauthorized linking or framing of the MYMUSICSTREAM.COM site will be investigated, and appropiate legal action taken. This will includes without limitation civil, criminal and injunctive redress. The Service may enable members to share information with other members. Members agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Members agree not to engage in advertising to, or solicitation of other Members to buy or sell any products or services through the Service. Members are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
5. Membership Upgrades, Subscription Fees, Purchases - Subscribing members will be charged a subscription fee for the Service, in accordance with MYMUSICSTREAM.COM's then-current billing terms. Except as otherwise provided herein, subscription fees are non-refundable. Members are expected never to request chargebacks from their credit card companies. If such a charge back occurs, MYMUSICSTREAM.COM retains the right to pursue full payment, including all chargeback fees, through any means possible including collection agencies. If you experience a problem with the MYMUSICSTREAM.COM service, please let us know first by contacting support. Until such time as this Agreement is terminated in accordance with its provisions, Member agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes MYMUSICSTREAM.COM to charge Members credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Member from the Service.
6. Premium Account, Subscription Cancellations - Members's subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless MYMUSICSTREAM.COM is notified via contacting support a minimum of 14 days prior to membership expiration.
7. Termination of Services - You may terminate your MYMUSICSTREAM.COM account at any time, thus revoking all rights granted to MYMUSICSTREAM.COM, at any time with 30 days written notice or by using the tools provided in the members area. MYMUSICSTREAM.COM reserves the right to terminate your account without notice if you are found to be in violation of any of the terms & conditions detailed in this agreement.
8. Liability - Under no circumstances, including, but not limited to, negligence, shall MYMUSICSTREAM.COM or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Member specifically acknowledges and agrees that MYMUSICSTREAM.COM is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by member to MYMUSICSTREAM.COM for the preceding twelve (12) months.
9. Warranties - MYMUSICSTREAM.COM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. MEMBERS'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. MYMUSICSTREAM.COM, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, MYMUSICSTREAM.COM MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
10. Local Law - PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. Member agrees to indemnify and hold harmless MYMUSICSTREAM.COM, its officers, directors, managers, members, agents and employees against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of member's breach of any term, condition or promise contained herein.
11. General Copyright - Except for public domain material and electronic messages, all material displayed on MYMUSICSTREAM.COM is copyrighted by MYMUSICSTREAM.COM, or is licensed under copyright by MYMUSICSTREAM.COM, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of MYMUSICSTREAM.COM and the owner of the copyrighted or licensed to MYMUSICSTREAM.COM material. All artist uploaded material displayed on MYMUSICSTREAM.COM is licensed under either of the two artist material licensing options as indicated above in the Artist Section of this agreement.
2. Data Security - MYMUSICSTREAM.COM will protect the confidentiality of its members' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of MYMUSICSTREAM.COM, its partners, its employees and other members of MYMUSICSTREAM.COM’s services. To protect the loss, misuse, and alteration of information that is collected from members, MYMUSICSTREAM.COM has appropriate physical, electronic, and managerial procedures in place.
4. How is member information used - MYMUSICSTREAM.COM may share member information with selected partners, for example, to provide members with information about products which might be of interest to the member or to enable the member to take advantage of special partner programs. MYMUSICSTREAM.COM may also use member information to provide its members with system information or information about new or upgraded products.
5. Will MYMUSICSTREAM.COM ever send me direct mailings? - MYMUSICSTREAM.COM will only ever send you information on service updates, upgrades and relevant information for your account.
6. How do I protect my Personal Information in public forums - MYMUSICSTREAM.COM offers interactive forums, such as message boards and chat. MYMUSICSTREAM.COM users should be aware that when they voluntarily disclose Personal Information to other users or to third parties on the MYMUSICSTREAM.COM system, through e-mail, or outside of the MYMUSICSTREAM.COM system, that information can be collected and used by others and may result in unsolicited messages from other members or third parties. While MYMUSICSTREAM.COM strives to protect your Personal Information, MYMUSICSTREAM.COM cannot guarantee the security of any information that you transmit to MYMUSICSTREAM.COM, and you are solely responsible for maintaining the secrecy of any passwords or other account information.
7. What about privacy on sites that MYMUSICSTREAM.COM links to? - MYMUSICSTREAM.COM may provide links to its partners and other Internet sites. These sites have separate data and privacy practices independent of MYMUSICSTREAM.COM, and MYMUSICSTREAM.COM disclaims any responsibility or liability for their policies or actions.
8. Disclosure of member information and communications - MYMUSICSTREAM.COM will not otherwise disclose its members' personal and account information unless MYMUSICSTREAM.COM has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of MYMUSICSTREAM.COM, MYMUSICSTREAM.COM’s members, or others, or where MYMUSICSTREAM.COM has a good faith belief that the law requires such disclosure. MYMUSICSTREAM.COM also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that MYMUSICSTREAM.COM stores or transmits for its members. The circumstances under which MYMUSICSTREAM.COM will disclose such electronic member communications are when:
- it is necessary in order to provide service to the member
- it is necessary to protect the legitimate interests of MYMUSICSTREAM.COM and its members
- it is required to cooperate with interception orders, warrants, or other legal process that MYMUSICSTREAM.COM determines in its sole discretion to be valid and enforceable
- it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by MYMUSICSTREAM.COM and appear to pertain to the commission of a crime.
MYMUSICSTREAM.COM disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by members or others. MYMUSICSTREAM.COM will, however, review, delete or block access to communications that may harm MYMUSICSTREAM.COM, its members or third parties. The grounds on which MYMUSICSTREAM.COM may take such action include, but are not limited to, actual or potential violations of MYMUSICSTREAM.COM’s terms & conditions.
9. Advertising - We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
The abuse and misuse of e-mail is a serious problem. MYMUSICSTREAM.COM will not tolerate it.
of UCE (Unsolicited Commercial E-mail), or SPAM - The bulk UCE, promotional
material, or other forms of solicitation sent via e-mail that advertise any
IP address belonging to MYMUSICSTREAM.COM or any URL (domain) or Mailing List
that is hosted by MYMUSICSTREAM.COM.
Unsolicited postings to newsgroups advertising any IP or URL hosted by MYMUSICSTREAM.COM.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.
2. Repercussions of SPAM - Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.SPAM is not only harmful because of its negative impact on consumer attitudes toward MYMUSICSTREAM.COM, but also because it can overload MYMUSICSTREAM.COM’s network and resources.
3. Our Providers - Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that MYMUSICSTREAM.COM does - it causes negative consumer attitudes and drains resources. MYMUSICSTREAM.COM strives to maintain favorable relationships in the Web community and obviously will not allow any practice that threatens these relationships.
4. Punishment For SPAM - MYMUSICSTREAM.COM reserves the right to terminate, without warning, any account that violates this policy. Usage of MYMUSICSTREAM.COM services constitutes acceptance and understanding of this policy. MYMUSICSTREAM.COM reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. Should you choose to e-mail from MYMUSICSTREAM.COM servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.
5. Basic Mailing List Management Principles for Preventing Abuse - Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.
Last Updated: 10 Dec , 2009