BASIC TERMS AND CONDITIONS
- You must be at least 13 years old to use the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, MXM prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to MXM upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other users of the MXM website or applications.
- You are responsible for keeping your password secret and secure.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service, including but not limited to, copyright laws.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or MXM.
- You must not use domain names or web URLs in your username without prior written consent from MXM.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not reproduce, perform, display, distribute, copy, reverse engineer, decompile, disassemble, or prepare derivative works from software used to implement the Service.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means.
- The Service contains content owned or licensed by MXM ("MXM Content"). MXM Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and MXM, MXM owns and retains all rights in the MXM Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MXM Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the MXM Content.
- The MXM name and logo are trademarks of MXM, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MXM. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of MXM, and may not be copied, imitated or used, in whole or in part, without prior written permission from MXM.
- Although it is MXM’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. MXM will not be liable to you for any modification, suspension, or discontinuation of the Services.
INFORMATION YOU SUBMIT
- Generally. Our website may contain features that allow you to post information and materials such as text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (each, a "Submission").
- License Grant. For each Submission that you post, you hereby grant to us, our affiliates, and our artists (collectively, "Affiliates") a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such Submission, in any format or media now known or hereafter developed, on or in connection with the Site or any of our (or our Affiliates') similar services or products (collectively, the "Site-Related Services"); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site or the Site-Related Services, in each case, in connection with your Submission; and (iv) use your Submission (including the contents thereof) for any promotional or other business purposes related to the Site, the Site-Related Services, and our artists. For the purpose of clarification, nothing in this Agreement shall be deemed to authorize you to incorporate into any Submission any content or material owned by us, our Affiliates or our respective artists ("Artists"), directors, officers, employees, agents and representatives ("Representatives") and licensors and service providers (collectively, "Providers"). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST ANY SUBMISSIONS ON THE SITE.
- Disclaimers. It is possible that visitors to our website will post information or materials on the website that are wrong or misleading or that otherwise violate this Agreement. We, our Affiliates and our respective Artists, Representatives and Providers do not endorse and are not responsible for any information or materials made available through our website or your use of such information or materials. All Submissions will be deemed to be non-confidential and may be used by us (i) without any confidentiality or other non-disclosure obligations and (ii) without attribution to you or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site or the amount of storage space available for Submissions.
- Acknowledgement. You hereby acknowledge and agree that in exchange for our Service, you authorize use or exploitation of your Submission by us or our Affiliates or any other party (including, without limitation, our or our Affiliates' Artists, Representatives and Providers) pursuant to the rights in such Submission that have been granted hereunder and/or that are available under applicable law.
- Representations and Warranties. You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual's name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by the Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any Submission that you post, and the use thereof by us, our Affiliates, and our and their respective designees (including, without limitation, our and their respective Artists, Representatives and Providers), do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) any Submission that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting any Submission, you (A) have complied and will comply in all respects with all applicable laws, rules,and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). If you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual's name or address) within such Submission.
All rights in any products available through the Site, such as music, ring tones, ring back tones, SMS tones, images (for example, screen savers), video, artwork, apparel, text, software and other copyrightable materials (collectively, the "Products") are owned by us, our Affiliates and/or our (or their) licensors. If a separate agreement provided by us or an Affiliate governs a particular Transaction (as defined below) or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such transaction or use. Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us, our Affiliates and/or our licensors, you have a limited right to use those Products that you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below. Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to this Agreement.
Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion.
USAGE RESTRICTIONS FOR PRODUCTS
All Products you purchase, obtain or access on or through the Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet. Unless expressly permitted by us, you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products.
THIRD PARTY APPLICATIONS
THIRD PARTY CONTENT
DiISCLAIMER OF WARRANTIES
MXM DOES NOT MAKE ANY WARRANTY OR GUARANTEE THAT EXTENDS BEYOND THE SCOPE OF THIS DISCLAIMER AND SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTY, MERCHANTABILITY OR USAGE OF TRADE IN THE MXM WEBSITE OR ANY PRODUCT TO THE FULL EXTENT ALLOWED BY LAW. The MXM WEBSITE, and all information, products and materials furnished as part of the MXM WEBSITE, are provided entirely on an “as is” basis. While MXM endeavors to provide information that is as accurate as possible, it assumes no responsibility for, and make no representations with respect to, the accuracy or completeness of any information, materials or product presented or identified. MXM expressly disclaims any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property relating to such information, material or products available for purchase. In no event will MXM be liable for any and all indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits or revenue, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if MXM has been advised of the possibility of such damages. Any use of the MXM WEBSITE is at your own risk. In no event will MXM or the officers, managers, members, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information and materials available on the MXM WEBSITE, or products available for purchase thereon. MXM makes no representations, warranties or guarantees that the MXM WEBSITE will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and MXM disclaims any liability relating thereto.
Under no circumstances will MXM be liable to you for any losses arising out of any event or use of a product that is beyond its reasonable control. You accept that MXM has an interest in limiting the personal liability of its officers, managers, members, agents, and employees as well as limiting the personal liability of its Affiliates, Artists, Representatives and Providers, having regard to that interest, you agree that you will not bring any claim personally against its officers, managers, members, agents, and employees and you further agree to forever release, discharge and waive all claims against us, our Affiliates, our Artists, our Representatives and Providers in respect of any losses you suffer in connection with the MXM WEBSITE (referred to herein as “our website” of the “Site”), this disclaimer, or any products available for purchase thereon. As such, you will indemnify and hold MXM, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including without limitation any infringement by you of the copyright or intellectual property rights of any third party; (ii) your use or misuse of the Site; (iii) any damages you incur as a result of any product liability claims; or (iv) the use of any Submission.
GOVERNING LAW & VENUE