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Terms

TERMS OF SERVICE AGREEMENT



MusicianCafé.com is a social networking service that allows members to create unique personal profiles online in order to find and communicate with other musicians, and promote the music, band, group or interests. MusicianCafe.com provides the service to it’s members subject to the terms outlined within the Terms Of Service Agreement.

By using MusicianCafé.com (“This “Website”), any of Musician Café’s affiliate websites or Group pages on any other website, you are agreeing to be bound to the Terms (“Terms Of Service Agreement”) of membership as outlined herein, as though it is a legally written contract mutually agreed upon and entered into by both parties.

This Terms Of Service Agreement shall be legally binding as though it is a mutual agreement entered into within the State of Indiana, and governed by contractual and agreement laws of the State of Indiana. Furthermore, you hereby agree that any grievance, disagreement, or dispute that you have which may require legal pursuance shall be conducted within the State of Indiana and within the County of the Home City of MusicianCafe.com

Furthermore, MusicianCafé.com reserves the right to make adjustments, changes and or additions to the Terms Of Service Agreement without having to directly notify it’s Members so long as any such changes are clearly and legibly posted on the website’s “Terms” page where it is easily accessible, However, MusicianCafé.com as a courteous gesture, will notify you that changes have been made by contacting you at your MusicianCafé.com account email inbox. You will continue to be legally bound to any such adjustments; changes and or additions as such shall be part of the legally binding terms. It is the Members responsibility for Due Diligence and to periodically check for updated information to the Terms Of Service Agreement. Any such changes shall become effective immediately upon posting.

This Agreement includes MusicianCafe.com’s Acceptable Use Policy for Content Posted on the Website, MusicianCafe.com’s Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by e-mailing us at: MusicianCafe@gmail.com


TERMS OF SERVICE AGREEMENT


ARTICLE I: Eligibility

1:    You must be at least eighteen years of age or represented by a legal guardian to register as a member of MusicianCafe.com or use the Website and it’s Services. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2:    Where you may be a legal Guardian representing a minor’s membership of the Website, you understand that as said minor’s legal Guardian your representation shall legally bind both you and the represented minor to the Terms Of Service Agreement. Furthermore, you confirm that you are the minor’s legal representation as Agent, Promoter or Manager and/or that you have full legal authority to enter into agreements on behalf of such, and that the authority of this Terms Of Service Agreement shall carry over to any other agreement you may have with any other Group, Agent, Promoter, Manager and including but not limited to Agency(ies).

3:   By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your profile/account may be deleted without warning, if it is found that you are misrepresenting your age, your truthful contact information or provide any other false, or misleading information of any kind.

4:    Your Membership is solely for your personal use, or the use of other legal representatives or members of your group or band and you shall not authorize any other persons to use or have access to your account, including but not limited to your profile. You are solely responsible for all content published or displayed through your account and for your interactions with other members or Agents of MusicianCafe.com.

5:    You must use the Service in a manner consistent with any and all applicable laws and regulations in all 50 (fifty) States of the United States of America, and all foreign corresponding laws & regulations regarding copy righted materials.

6:   You may not cover or obscure the banner advertisements on any page of this Website through the use of coding editing, or other means.

7:    Any automation tools, or “Bots” are strictly prohibited on MusicianCafe.com.

8:   You may not impersonate another person, entity, group, organization, Member, or Agent. The only person you may represent as a Member is yourself, your group or organization or a minor if you are acting as their legal guardian representation.

9:   Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other MusicianCafe.com Members may not contain inaccurate, inappropriate or offensive material, products or services and you agree to not hold MusicianCafe.com liable for repercussions criminal, or civil for any Content that you submit to the Website.

10:   By participating in any MusicianCafe.com event, either offline or online, you agree to release and hold MusicianCafe.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation to personal injuries, death, and or property damage, either directly or indirectly related to or arising from your participation in any such MusicianCafe.com event.

11:   You may NOT post any Content that either links or leads to another Website whose main service may be deemed similar to, or competitive with the Service offered by MusicianCafe.com


ARTICLE II: Submitted Content

1:   You understand and agree that MusicianCafe.com may review and delete any content including but not limited to profile information, videos, music files, photos or profiles (collectively, "Content") that in the sole discretion of MusicianCafe.com may violate this Agreement or which may be offensive, illegal or violate rights of, harm, or threaten the safety of any Member.

2:   You are solely responsible for the all Content that you publish, submit or display on MusicianCafe.com, it’s affiliate websites or it’s other Group pages on other websites. You acknowledge that any/all content submitted to MusicianCafe.com must not be Copyrighted material owned and protected by Copyright by other persons. Any information, material or Content submitted by you, must legally be yours to submit and you shall be the legal owner and or Copyright holder of any such Content. Where your music may contain over-sampling, or laced tracks of known Copyrighted material, you MUST submit to MusicianCafe.com a copy of your legal written consent form giving you legal permission to use such work within your work.

3:   By posting any Content to the Website, you hereby grant to MusicianCafe.com the non-exclusive, non limited and non restricted worldwide license to use, publicly perform and display such Content in any form of media for the purpose of promoting the Website and/or your Musical Group, Entity, Persons or endeavors. MusicianCafe.com must give credence to your Musical Group, Entity, Persons or endeavors when using your Content and state the name(s) of any such material and not take credit for any material rightfully owned by you.

4:   MusicianCafe.com is not required to share, relinquish, disperse, surrender, or otherwise pay any sum financial or material to any Member for any Gain or benefit MusicianCafe.com may incur as a result of using any Members Content for the purposes of promoting the Website and/or your Musical Group, Entity, Persons or endeavors.

5:   You may submit any Content of which you are legally permitted to submit, however, Content that may be perceived by any Member or Agent as offensive pornographic, sexually explicit, suggestive, vulgar, racist, bigotry, or promotes hatred, physical harm of any kind against or towards any group, persons or entity may at the sole discretion of MusicianCafe.com be deleted if we receive any complaints about such Content. You may not submit any Content that reveals ANY personal information of any person under the age of 18 (eighteen). You may not submit content that contains information that you know to be falsehood or misleading or promotes illegal activities, illegal organizations or conduct that is abusive, threatening, obscene, defamatory or libelous.

6:   By posting Content to any area of MusicianCafe.com, you automatically grant, represent and warrant that you have the right to grant and therefore do indeed grant to MusicianCafe.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and or distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of said Content.


ARTICLE III: Term

1:   This Agreement will remain in full legal force and effect while you use the Website and/or as long as you remain a Member of the Website. Any promotions and or achievements accomplished and or fulfilled during the course of your active Membership shall remain in effect to the full completion of our “Promotions” Article Terms not withstanding the date of your official Membership cancellation.

2:   It is hereby made known that simply deleting your account does not signify your removal from membership. In the event your account is deleted for accidental or intended purposes, your Membership shall remain in full effect and active without prejudice.

3:   You may terminate your membership at any time, for any reason by submitting your written notification through registered US Mail, or by e-mail notice of termination. Only through said methods can your Membership be willfully cancelled or terminated.

4:   MusicianCafe.com may, at it’s own discretion, terminate or cancel your Membership for any reason, effective upon sending you email notification to the email address recorded in your account profile information.

5:   If MusicianCafe.com terminates your Membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees, donations, contributions, Service fees and including, but not limited to any other Services for which you have paid a fee to MusicianCafe.com.

6:   Breaching or otherwise terminating the Agreement and or Membership with MusicianCafe.com will not relieve you of any Sections, Article’s, Terms, Duties and including, but not limited to any outstanding financial obligations that are due to MusicianCafe.com as a result of Membership, and any such obligations shall be fulfilled to completion Under Law.


ARTICLE IV: NON Commercial Use

1:   Illegal and/or unauthorized by written consent use of the Website, including but not limited to Spamming, Spam advertising and/or collecting username(s) and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and/or unauthorized framing of or linking to other websites will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

2:   The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of MusicianCafe.com. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in temporary and/or permanent suspension of your account profile.

3:   You may not engage in any direct advertising to, or solicitation of, other Members to buy or sell any products or services through the Service or MusicianCafe.com. You may not transmit any chain letters or junk e-mail to other Members. Although MusicianCafe.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MusicianCafe.com reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period.

4:   MusicianCafe.com will not trade, sell or barter your personal information, including, but not limited to your email address on file in association with your account Membership. In any event that MusicianCafe.com is contacted by any third party wishing to acquire your information, MusicianCafe.com will first contact that said Member and act as an Middleman correspondence Agent unless you give us your sole written consent to release such information on your behalf.


ARTICLE V: CopyRight

1:   You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on MusicianCafe.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MusicianCafe.com ‘s Copyright Agent for notice of claims of copyright infringement can be reached as follows: MusicianCafe@gmail.com

2:   Any Content of which you are the sole, legal and original creator of will have it’s material and or information protected from claim or Copy Right by MusicianCafe.com as though you have already laid Copy Right to any said content. MusicianCafe.com will by no means steal, sell or distribute your Content, music, videos, Artwork or other media information or intellectual property as though MusicianCafe.com had created it and possessed legal rights to do so. MusicianCafe.com May however distribute any Content submitted for commercial purposes of promotional matter as mentioned within this terms of Use Agreement.

3:   Where the matter of subject may come about that your work has been stolen, or Infringed upon by any third party without your sole consent, MusicianCafe.com will hereby serve as your witness so as to testify in your behalf about the date of your submission to of your Content to the MusicianCafe.com website and thus act as a legal witness in your behalf where required by law.

4:   In any situation where any member for any reason shall have or wish to exercise Section 3 of this Article, or any other Section of any other Article of this agreement and therefore does request the presence of MusicianCafe.com for purpose of testimony, you as the member hereby agree to be legally bound to cover all expenses incurred for the purpose of such travel, lodging, perdium and other financial needs of any MusicianCafe.com Agent.


ARTICLE VI: Disputes

1:   Any dispute or conflict that any Member shall have with any other member may be addressed with MusicianCafe.com directly by submitting the nature of the situation to MusicianCafe.com and contacting us at our public email address: MusicianCafe@gmail.com. While MusicianCafe.com cannot restrict any Member from exercising their Freedom of Speech, we will do our best to control Member’s conduct towards other Members so as to keep the Website operating as peacefully as possible. Where there is a legitimate cause for concern regarding another Member’s Conduct, we will handle the situation swiftly, and discreetly.

2:   In any situation where a Member may have a cause for a dispute or disagreement with MusicianCafe.com or any of it’s Agents, said Member may submit the nature of the situation to MusicianCafé.com by contacting us at our public email address: MusicianCafe@gmail.com


ARTICLE VII: Disclaimer

1:   MusicianCafe.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. MusicianCafe.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. MusicianCafe.com 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, user or Member communications.

2:   MusicianCafe.com 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 e-mail or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.

3:   Under no circumstances will will you hold MusicianCafe.com responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and MusicianCafe.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

4:   MusicianCafe.com cannot guarantee and does promise any specific result from the use of the MusicianCafe.com Website, It’s Affiliate Sites, Pages or Services. MusicianCafe.com does not promise anyone any level of success as a result of using MusicianCafe.com Website It’s Affiliate Sites, Pages or Services.

5:   Except in jurisdictions where such provisions are restricted, in no event will MusicianCafe.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website, Affiliate Site, Page or Services, even if MusicianCafe.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MusicianCafe.com’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 MusicianCafe.com for the Service during the duration of your Good Standing and Active Membership.

6:   You agree to indemnify and hold MusicianCafe.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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 herein.

7:   This Agreement, in whole is accepted upon use of the Website and or Service(s) and further affirmed by becoming a Member of the Service, contains the entire agreement less future changes (if any) between you and MusicianCafe.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid for any reason, the remainder of this Agreement shall continue in full force, full validity, and effect without prejudice.


ARTICLE VIII: US Export Controls

1:   Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


ARTICLE IX: Promotional Agreement

1:   The term “Record Deal” shall hereinafter signify any term that can be construed as a written contract or agreement between the Member and a Recording Studio, Record Label, or any other entity private or public that constitutes the Member being paid a sum of money or financial gain for the act of either selling their content, Service, intellectual property, music, lyrics, composed music and to include but not be limited to any act of entering into a written contract or agreement for the purpose of producing musical Content for the purpose of Commercial use and financial gain.

2:   You hereby understand that by using MusicianCafe.com and it’s Service(s) you are acknowledging that MusicianCafe.com is being retained as your Promotional Agent and Managing Agent. Furthermore MusicianCafe.com shall remain such so long as your Membership remains in effect and binding as per the Terms Of Service Agreement or until any binding obligations per the Terms Of Service Agreement have been completely fulfilled and all obligations have been met per said terms of use Agreement.

3:   As the Membership service is a free service, MusicianCafe.com shall work on a contingency basis on the assumption of your success in the music industry and gaining a Record Deal. All risk of your endeavors not being met with success in securing a Record Deal, being the sole risk of MusicianCafe.com and the Member shall not be held liable for any financial loss due to such lack of success.

4:    In the event of securing a Record deal, the Member understands and agrees that as MusicianCafe.com has been secured by the Member as their Promotional Agent and Managing Agent that as per industry standards, MusicianCafe.com shall be paid a sum of NO less than 12% (Twelve Percent) of all gross income received as a result of the Members Record Deal and any Content or music related material produced by said Member and that such dividends due shall remain due in effect and legally binding per the Terms of the membership agreement as outlined by the Terms Of Service Agreement.

5:   MusicianCafe.com shall continue to receive royalties for any work for which the Member has a secured Record Deal for, without an ending effective date for any material produced and promoted on MusicianCafe.com during the time that the Member was an Unsigned Musician, or before the effective “Active” or “Begin” date for any Record deal the Member may enter into.

6:   Any revenue gained pertaining to Article VI of this agreement by any Member, shall be paid to MusicianCafe.com on a Monthly basis, in whole for any income received for the previous month by said Member. Payments not made in full at the time they are due shall incur a 15% (Fifteen Percent) interest in additional to the original amount owed and such interest shall be compounded monthly.

7:   MusicianCafe.com shall have a legally binding Agreement with any member to remain in full force and effect, the Member’s Promotional Agent and Managing Agent for a period of no less than five years (5 years) from the time the first record Deal was reached between the Member and the third party offering the Record Deal. However, MusicianCafe.com may at it’s discretion, agree to sell or be bought out of said Promotional Managing or Managing Agent agreement for a fair amount based on the industry standards at the time of such request being made by the Member for a buy out, At which time MusicianCafe.com would rescind it’s legal right to any Managing or Agent aspect or claim to said Member.



Upon your creating a profile on MusicianCafe.com’s website, your act of creating a Membership account shall signify your having fully read the Terms of this Terms Of Service Agreement, and thus being in full understanding of every aspect of this Terms Of Service Agreement and having asked for explanations and clarifications where you were not able to understand any part of this Terms Of Service Agreement either in part or in whole. Failure to read this Terms Of Service Agreement prior to creating an account Membership shall in no way relieve you or hold you harmless of any of the terms of this Terms Of Service Agreement as ignorance is of no excuse for not being legally bound by these Terms.

By joining MusicianCafe.com as a representative for a Band, Group or Organization, you understand that as a Member of any such Band, Group or Organization joining MusicianCafe.com you are acting as legal representative of said Band, Group or Organization and you are therefore entering into this Terms Of Service Agreement on behalf of not only yourself, but on behalf of the entire said Band, Group or Organization. Additionally, as representative for such Band, Group or Organization you understand and warrant that you will personally inform any and all members of said Band, Group or Organization of the Membership in MusicianCafe.com, their legal obligations and responsibilities derived from their Membership, and their obligation to personally read and understand these Terms within the Terms Of Service Agreement.

MusicianCafe.com may, but is not necessarily obligated to, without warning or notification cease, end or otherwise fully terminate and expire any Members’ Membership for any reason.

MusicianCafe.com owns and retains all proprietary rights including those of intellectual property in and of the Website and the Service(s). The Website contains the copyrighted material, trademarks, and other proprietary information of MusicianCafe.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Violation of this shall be met with swift criminal legal action, but will not affect the status of your Membership unless specifically notified by MusicianCafe.com as such.




Founder: Kevin S. McIntyre / Yoakum - In loving Memory ~ Chrissy Bear Powered By: Lots of Energy Drinks & Cold Pizza /
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