Welcome to the website of Music Gorilla, LLC, the owner and operator of the web pages at or linked to the root URL “www.musicgorilla.com,” which may expand and change from time to time (the “Website”).
We suggest you print a copy of each of these documents for your records.
ENROLLMENT IN THE SERVICE
MusicGorilla currently provides a Service. This Website acts as a venue for musicians to post sound recording(s) of musical composition(s) or other content such as pictures, song lyrics, biography, press reviews, gig dates, videos and information etc., collectively referred to as “Standard Material.” This Website also allows industry professionals access to listen to and view Standard Materials. Music Gorilla does not screen or censor the Standard Material posted to its Website. As a result, the Company has no control over the quality, safety or legality of the Standard Material posted to the Website, or the ability of industry professionals to offer job opportunities to Artists. The Service consists of three versions of membership, Artist Pro Membership, Artist Free Membership and Industry Membership.
USE OF SERVICES
In order to use this service you must obtain access to the Internet, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to the music files. You agree to pay for Internet access and the equipment needed, and Music Gorilla is not responsible for any of these costs.
YOUR REGISTRATION OBLIGATIONS
When you sign up, you will select a user name and a password so that you can access your account with us. You agree to provide true, accurate, current and complete information about yourself. You agree that you will keep this information confidential. You are completely responsible for activities regarding your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify Music Gorilla and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Website as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
The safety of children is very important to us. Therefore, Music Gorilla does not permit registration by, and will not knowingly collect or use personally identifiable information from anyone under 13 years of age. MusicGorilla.com complies with the Children’s Online Privacy Protection Act. (“COPPA”), which was enacted to prevent Web sites from giving or receiving information from children without their parents’ consent. You can learn more about COPPA at the Federal Trade Commission Web site. All members certify that they are at least 13 years of age and are registering for membership in compliance with COPPA guidelines.
CONDUCT OF MEMBERS AND VISITORS
We believe that all members and visitors benefit from basic rules regarding conduct while using the Services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask-and you agree-to follow the following basic rules of conduct when using the Music Gorilla Website/Services, which may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, calendars, tour dates and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”).
- You will follow these Terms and all applicable laws or regulations;
- You will never give your password to others;
- You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- You will not interfere with others’ use of the Website, including by interrupting other users’ sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users’ enjoyment of the Services;
- You will not collect or store personal information about any other individual on the Website;
- You will not Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- You will not manipulate the Services so as to hide your identity for the purpose of misleading others or participation in Services on the Website (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
- You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instance);
- You will not transmit, distribute, store, upload, destroy, or otherwise make available material, including without limitation Website Content in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
- You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- You will not use meta tag searches on the Website;
- You will not download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- You will not violate any code of conduct or other guidelines which may be applicable for any particular communication service.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Music Gorilla does not control or endorse the content, messages or information found in any Communication Service and, therefore, Music Gorilla specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Music Gorilla has no obligation to monitor the Communication Services. However, Music Gorilla reserves the right to review any materials posted to the Communication Services and to remove any materials in its sole discretion. Music Gorilla reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
DISCLOSURE OF YOUR IDENTITY
Music Gorilla takes the protection of intellectual property rights, including copyrights, very seriously and expects our users to do the same. We have obtained licenses from the owners of the copyrighted works that are offered as part of our Services. By listening to copyrighted works through our Service, you are receiving a freely revocable, non-exclusive, non-transferable license to use the works for personal, non-commercial use. Unauthorized copying, distribution, modification, publication, sale, licensing, performance or display of copyrighted works is an infringement of the copyright holders’ rights. Music Gorilla will terminate your access to, or use of, the Website and/or the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. In addition, you may be liable under applicable law. If you are a copyright owner who believes that certain content available on Music Gorilla infringes your copyright, please email us at firstname.lastname@example.org.
Music Gorilla makes no representation that Materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws.
SURVEYS & CONTESTS
From time-to-time our Website requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website.
REFERRALS, E-BANDCARDS OR E-SONGCARDS
If a user elects to use our referral service or inform a friend about about a band or song on our Website, we ask them for the friend’s name and email address. Music Gorilla will automatically send the friend a one-time e-mail inviting them to visit the Website. We will use the contact information you enter for your friends to send the email or e-card. Music Gorilla stores this information for the sole purpose of sending this one-time email. The friend may contact musicgorilla.com at email@example.com to request the removal of this information from our database.
THIRD PARTY WEBSITES, CONTENT, AND PRODUCTS AND SERVICES
As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which you acknowledge and agree shall be at your own risk.
MUSIC GORILLA, MUSICGORILLA.COM, the “Music Gorilla Logo”, and other identifying marks of Music Gorilla, LLC are and shall remain the trade-marks and trade names and exclusive property of Music Gorilla, LLC, and any unauthorized use of these marks is unlawful. All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Music Gorilla or our respective users and protected by United States and international copyright laws. All software used on the Website is the property of Music Gorilla or our software suppliers and protected by United States and international copyright laws. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MUSIC GORILLA PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
TECHNOLOGICAL AND USE LIMITATIONS
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.
MusicGorilla will make reasonable efforts to keep the MusicGorilla Website operational. However, certain technical difficulties or routine Website maintenance/upgrades may, from time to time, result in temporary service interruptions. MusicGorilla also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that MusicGorilla shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
You agree that MusicGorilla, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if MusicGorilla believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. MusicGorilla may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MusicGorilla may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that MusicGorilla shall not be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE MUSICGORILLA WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE MUSICGORILLA WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. LIMITATION OF LIABILITY YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
This Agreement is governed by the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Travis County, Texas, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. Music Gorilla expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.