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Terms of Service
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This agreement may change at any time, without any warning. Please refer back to this page periodically for an updated document.
Webemusicians.com (“Webe Musicians” or “we”) operates sixstringplanet.com, which is a social networking service that allows Members to create personal profiles and groups online in order to find and communicate with other members. The services offered by Webe Musicians include any Webe Musicians-branded URL (the "webemusicians.com Website")
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Webe Musicians Services. By using the Webe Musicians Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Webe Musicians Website, including through a mobile device, or otherwise use the Webe Musicians Services without being registered) or you are a "Member" (which means that you have registered with Webe Musicians). The term "User" refers to a Visitor or a Member. You are only authorized to use the Webe Musicians Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Webe Musicians Website and discontinue use of the Webe Musicians Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Webe Musicians, you must read this Agreement and indicate your acceptance during the registration process.
Webe Musicians may modify this Agreement from time to time and such modification shall be effective upon posting by Webe Musicians on the Webe musicians.com Website. Your continued use of the Webe Musicians Services after Webe Musicians posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Webe Musicians Services and that you provide to other Users. Your Webe Musicians profile or Group may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Webe Musicians Members (for instance, in their profile or Group) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Webe Musicians assumes no responsibility or liability for this material. If you become aware of misuse of the Webe Musicianst Services by any person, please click on the "Contact Webe Musicians” or the “Report Abuse” link at the bottom of the Webe Musicians Website pages.
Webe Musicians reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Webe Musicians Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Webe Musicians expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Webe Musicians Services if Webe Musicians determines, in its sole discretion, that you have violated this Agreement or pose a threat to Webe Musicians and/or its Users.
1. Eligibility. Use of the Webe Musicians Services and registration to be a Member for the Webe Musicians Services (“Membership”) is void where prohibited. By using the Webe Musicians Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Webe Musicians Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Webe Musicians Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's "HELP" page. Webe Musicians may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that Webe Musicians reserves the right to charge for any portion of the Webe Musicians Services and to change its fees (if any) from time to time in its discretion. If Webe Musicians terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Webe Musicians immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Webe Musicians Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Webe Musicians. Webe Musicians reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Webe Musicians Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Webe Musicians Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Webe Musicians reserves the right to take appropriate legal action for any illegal or unauthorized use of the Webe Musicians Services.
6. Proprietary Rights in Content on Webe Musicians.
6.1 Webe Musicians does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Webe Musicians Services. After posting your Content to the Webe Musicians Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Webe Musicians Services, you hereby grant to Webe Musicians a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Webe Musicians Services, including without limitation distributing part or all of the Webe Musicians Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Webe Musicians Website. This limited license does not grant Webe Musicians the right to sell or otherwise distribute your Content outside of the Webe Musicians Services. After you remove your Content from the Webe Musicians Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Webe Musicians Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Webe Musicians Website as soon as practicable after you make the change.
7. Content Posted.
7.1 Webe Musicians may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Webe Musicians violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Webe Musicians assumes no responsibility for monitoring the Webe Musicians Services for inappropriate Content or conduct. If at any time Webe Musicians chooses, in its sole discretion, to monitor the Webe Musicians Services, Webe Musicians nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Webe Musicians Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Webe Musicians Services. Webe Musicians reserves the right to investigate and take appropriate legal action against anyone who, in Webe Musicians's sole discretion, violates this provision, including without limitation, removing the offending Content from the Webe Musicians Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Webe Musicians:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 selling or otherwise transferring your profile;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Webe Musicians such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Webe Musicians Website and through your use of the Webe Musicians Services. Webe Musicians reserves the right to investigate and take appropriate legal action against anyone who, in Webe Musicians's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Webe Musicians Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Webe Musicians reserves the right to restrict the number of emails which a Member may send to other Members.
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Webe Musicians Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 using the Webe Musicians Services in a manner inconsistent with any and all applicable laws and regulations.
8.22 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the Webe Musicians Services or the networks or services connected to the Webe MusiciansServices;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 using any information obtained from the Webe Musicians Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
9. Protecting Copyrights and Other Intellectual Property. Webe Musicians respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Webe Musicians has the right to terminate the Membership of infringes.
10. Member Disputes. You are solely responsible for your interactions with other Webe Musicians Members. Webe Musicians reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Webe Musicians Services is also governed by our Privacy Policy
12. Disclaimers. Webe Musicians takes no responsibility for third party advertisements or third party applications that are posted on or through the Webe Musicians Services, nor does it take any responsibility for the goods or services provided by its advertisers. Webe Musicians is not responsible for the conduct, whether online or offline, of any User of the Webe Musicians Services. Webe Musicians 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, any User or Member communication. Under no circumstances shall Webe Musicians be responsible for any loss or damage, including personal injury or death, resulting from use of the Webe Musicians Services, from any User Content posted on or through the Webe Musicians Services, or from the conduct of any Users of the Webe Musicians Services, whether online or offline.
13. Limitation on Liability. IN NO EVENT SHALL Webe Musicians BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE Webe Musicians SERVICES, EVEN IF Webe Musicians HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Webe Musicians' 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 Webe Musicians FOR THE Webe Musicians SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania,USA, without regard to its conflict of law provisions. You and Webe Musicians agree to submit to the exclusive jurisdiction of the courts located within the State of Pennsylvania to resolve any dispute arising out of the Agreement or the Webe Musicians Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. Indemnity. You agree to indemnify and hold Webe Musicians, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Webe Musicians Services 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 in this Agreement and/or if any Content that you post on or through the Webe Musicians Services causes Webe Musicians to be liable to another.
16. Other. This Agreement is accepted upon your use of the Webe Musicians Website or any of the Webe Musicians Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Webe Musicians regarding the use of theWebe Musicians Services. The failure of Webe Musicians to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Webe Musicians is a trademark of NLS Electronic Media. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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