terms and conditions

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY

Welcome to Music + Moxie

Music + Moxie (the “Website”) is owned and operated by Music + Moxie (“Music + Moxie”) for your and others’ personal, non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by Music + Moxie. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

  1. Your Acceptance – BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. Music + Moxie may revise these terms of use for the Website at any time without notice. Material changes to the Terms and Conditions will be posted one month before they are effective. All non-material changes will become effective on the date they are posted. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use whether or not you have reviewed them.
  2. Website Access & Membership Information
    1. Music + Moxie hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium except according to Music + Moxie’s policies for such set forth in these Terms and Conditions without Music + Moxie’s prior certified written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the Terms and Conditions.
    2. The Website and all Website functionality, including User Submissions, (defined below), playlists, resources and guides, message boards, or other interactive service that may be available to you on or through the Website (collectively, the “Services”) are provided to you solely for your enjoyment and entertainment purposes. Some Services require you to create a membership account. You may never use anothers account without permission. When creating your account, you must provide accurate and complete information, and Music + Moxie reserves the right to terminate your subscription and refuse any and all current or future use of the Services if you provide inaccurate or incomplete information. You understand that you are solely responsible for maintaining confidentiality of any passwords you create as a part of the Services and Music + Moxie recommends that you choose one that complies with the principal illustrated in this xkcd comic.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is absolutely necessary that you immediately notify Music + Moxie of any breach of security or unauthorized use of your account by email to abuse@musicandmoxie.com. Although Music + Moxie will not be liable for harm or losses caused by any unauthorized use of your account, by your conduct, you may be liable for the harm or losses of Music + Moxie or others due to such unauthorized use.
  3. Privacy Policy – Your privacy is very important to us. Please read our Privacy Policy to understand how we collect, use, communicate, disclose and make use of personal information.
  4. Intellectual Property Rights – The content on the Music + Moxie Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Music + Moxie, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, except as permitted by these Terms and Conditions, without the prior written consent of the respective owners. Music + Moxie reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Music + Moxie Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Music + Moxie Website or the Content therein. For any reuse or distribution, you must attribute the work to Music + Moxie and its publishing author, not alter or transform it in any way, or use it for commercial purposes. Please link.
  5. User Submissions
    1. The Music + Moxie Website may now or in the future permit the submission of writings, art works or other visual images submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Music + Moxie does not guarantee any confidentiality with respect to any submissions.
    2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Music + Moxie to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights to your User Submissions, but license it exclusively to Music + Moxie. However, by submitting the User Submissions to Music + Moxie, you hereby grant Music + Moxie: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, exclusive right and license to (i) use, reproduce and distribute your User Submissions within the Website as permitted by you through your interactions on the Website, and (ii) use, distribute, reproduce and make derivative works (and to authorize third parties to use and reproduce) any of your User Submissions in any or all media for marketing and/or promotional purposes in connection with the Website or any other part of Music + Moxie’s business, provided that in the event that your User Submissions appears publicly in material under the control of Music + Moxie, and you provide written notice to Music + Moxie of your desire to discontinue the distribution of such User Submissions in such material (with sufficient specificity to allow Music + Moxie, in its sole discretion, to identify the relevant User Submissions and materials), Music + Moxie will make commercially reasonable efforts to cease its distribution of such User Submission following the receipt of such notice, although Music + Moxie cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your User Submissions from Music + Moxie’s servers and from the Website, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, exclusive right and license to copy, analyze and use any of your User Submissions as Music + Moxie may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Website. Further, you agree to grant to Music + Moxie a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth at the Privacy Policy page; (d) a license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Music + Moxie Website and Music + Moxie’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Music + Moxie Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Music + Moxie Website a license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Music + Moxie Website.
    3. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Music + Moxie all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Music + Moxie or any third party; (iii) submit material that is unlawful, defamatory, libelous, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Music + Moxie expressly disclaims any and all liability in connection with User Submissions. Music + Moxie does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Music + Moxie will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on anothers intellectual property rights. Music + Moxie reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material. Music + Moxie may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
    4. You understand that when using the Music + Moxie Website, you will be exposed to User Submissions from a variety of sources, and that Music + Moxie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that may be inaccurate, or that you may find offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Music + Moxie with respect thereto, and agree to indemnify and hold Music + Moxie, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  6. User Conduct – Music + Moxie both allows and encourages user comment in its provided comment section on the condition that the user does not upload or post anything unlawful, harmful, threatening, harassing, explicit, hateful, or invasive of one’s privacy; impersonate any person, entity, or company; interfere or disrupt the service of the Site in any manner.Please note that Music + Moxie is not responsible material submitted or posted to the Website by users. Music + Moxie does not review or edit submitted material in any manner, but does have the right to remove it if later viewed in violation of policies.Without limitation of the foregoing, you agree to not use the Website or Services to:
    1. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any User Submissions, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
    2. “Stalk” another;
    3. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    4. Harm minors in any way;
    5. Impersonate any person or entity, including, but not limited to, a Music + Moxie official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Submissions transmitted to or through the Web Site;
    7. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content or User Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    8. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content or User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    9. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    10. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
    11. Act in a manner that negatively affects other users’ ability to engage in the Website or Services;
    12. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
    13. Interfere with or disrupt the Website Service or servers or networks connected to the Website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Service;
    14. Intentionally or unintentionally violate any applicable local, state, national or international law; or
    15. Harvest, collect or store information about the users of this Website or the User Submissions, so-called “phishing,” or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
  7. Copyright Owners – If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing an Infringement Notice as outlined below to dmca@musicandmoxie.com.
    Infringement Notices must be sent as plain text emails without attachments (email attachments are discarded), and must include the following or they will be deemed invalid:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement 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
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    For clarity, only DMCA notices and counter notices (see our Copyright Page) should go to the address provided; any other feedback, comments, requests for technical support, and other communications should be directed to Music + Moxie customer service through https://www.musicandmoxie.com. You acknowledge that if you fail to comply with all of the requirements set herein, your DMCA notice may not be valid.

  8. External Links – The Website may contain links to other websites. Music + Moxie is not responsible for the privacy practices or content of other websites. When you leave a Music + Moxie Website, Music + Moxie advises you to read the privacy statements of each and every website that collects personally identifiable information. The presence of external links on the Website does not imply Music + Moxie’s endorsement of or association with the linked site. These Terms of Use apply solely to Music + Moxie’s Websites. In no event shall Music + Moxie be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or the material accessed through these linked sites.
  9. Contests – From time to time, Music + Moxie periodically runs contests, giveaways and promotions via the “W!N” channel on the Site. To participate in W!N, users are asked to enter either via submission form or e-mail. Each entered user is bound by the any contest or giveaway rules. Upon submission, all registrations and information become you grant us a world-wide, royalty-free, non-exclusive, sub-licensable, and transferable license to reproduce, modify, adapt and publish the Content for any purpose. Music + Moxie reserves the right to cancel or alter any contest or giveaway and their respective rules at any time without prior notification.Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates these T&C’s or any of our policies, or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of this website to any individual or entity for any reason, in our sole discretion.
  10. Revisions and Errata – The materials appearing on Music + Moxie‘s Website could include technical, typographical, or photographic errors. Music + Moxie does not warrant that any of the materials on its Website are accurate, complete, or current. Music + Moxie may make changes to the materials contained on its Website at any time without notice. Music + Moxie does not, however, make any commitment to update the materials.

  11. Not Offered to Children Under 13 Years Old – This website is only offered and made available to individuals who are at least 13 years old. Music + Moxie does not knowingly solicit any information from children nor does Music + Moxie knowingly market or otherwise target Websites to children. If Music + Moxie becomes aware that any person under 13 years of age has registered without verifiable parental consent, Music + Moxie will remove your personal information from our files. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
  12. Warranty Disclaimer – YOU AGREE THAT YOUR USE OF THE MUSIC + MOXIE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSIC + MOXIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MUSIC + MOXIE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSIC + MOXIE WEBSITE. MUSIC + MOXIE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUSIC + MOXIE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSIC + MOXIE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  13. Limitation of Liability – IN NO EVENT WILL MUSIC + MOXIE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MUSIC + MOXIE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MUSIC + MOXIE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.The Website is controlled and offered by Music + Moxie from its facilities in the United States of America. Music + Moxie makes no representations that the Music + Moxie Website is appropriate or available for use in other locations. Those who access or use the Music + Moxie Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  14. Indemnity – You agree to indemnify, defend and hold harmless Music + Moxie, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
  15. General Representation and Warranty – You represent and warrant that (i) your use of this website will be in strict accordance with our Privacy Policy, with this Terms and Conditions, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and (ii) your use of this website will not infringe or misappropriate the intellectual property rights of any third party.
  16. Ability to Accept Terms of Service – You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
  17. Assignment – These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Music + Moxie without restriction.
  18. General – You agree that: (i) the Music + Moxie Website shall be deemed solely based in California; and (ii) the Music + Moxie Website shall be deemed a passive website that does not give rise to personal jurisdiction over Music + Moxie, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Any claim or dispute between you and Music + Moxie that arises in whole or in part from the Music + Moxie Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. Please note that your use of the Website may be subject to other local, state, national, and international laws. These Terms of Service, any artist representation agreements and any other legal notices published by Music + Moxie on the Website, shall constitute the entire agreement between you and Music + Moxie concerning the Music + Moxie Website. If any provision of this agreement is in conflict with a provision in a signed artist representation agreement, the artist representation agreement provision shall prevail. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Music + Moxie’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Music + Moxie reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Music + Moxie Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MUSIC + MOXIE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MUSIC + MOXIE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contacting Us – If there are any questions regarding these terms and conditions you may contact us using the information below.

http://musicandmoxie.com
info@musicandmoxie.com