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Terms & Conditions

Just a little legal jargon from the Music Forte lawyers.

GENERAL TERMS OF USE

MusicForte.com ("MusicForte") is owned, produced and operated by MusicForte, Inc. ("MusicForte") and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "MusicForte Companies"). MusicForte.com is a music-oriented content and information website that provides a service to music fans, musical artists and to bona fide independent record labels and major record labels on behalf of musical artists (each user of the site is hereinafter referred to, individually as an "Artist," and collectively as "Artists") to post information regarding themselves as well as musical content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services ("Products and Services"), including the addition of new properties shall be subject to these Artist Terms and Conditions of Use ("Artist Terms of Use"), as well as the General Terms and Conditions of Use ("General Terms of Use"), incorporated herein by reference. MusicForte reserves the right to amend these Artist Terms of Use and the General Terms of Use at any time. Notice is deemed given when published on the Internet.

1. ACCEPTANCE

By using the Artists Area of MusicForte, you agree to be bound by these Artist Terms of Use, as well as the General Terms of Use, as modified from time to time. Because both the Artist Terms of Use and the General Terms of Use contain legal obligations, please read them carefully. Any violation of these Terms of Use or the General Terms of Use may result in suspension or termination of your right to access the Artists Area of MusicForte.

2. REGISTRATION

MusicForte accounts ("User Accounts") are for the use of “Artists” only. User Accounts set up for any other type of organization, promotion or purpose may be deleted. MusicForte approves all User Accounts electronically. Once your User Account is approved, you may create an Artist-specific mini-page on MusicForte ("Artist Page"). MusicForte is for the personal use of "Artists", and the promotional and/or commercial (pursuant to paragraph 7 below) use of Artists only. Organizations, companies, and/or businesses should not use the site for advertising content that is not in direct relation to MusicForte’s products and is for the sole benefit of an entity that is not already registered at MusicForte without the express written consent of MusicForte. MusicForte reserves the right to terminate a User Account at its sole discretion at any time without prior notice to Artist. Artists may terminate their User Account at any time upon sixty (60) days written notice to MusicForte or by using the tools provided in the Artists Area.

3. NAME AND LIKENESS

By registering for and maintaining an User Account, you grant to MusicForte and the MusicForte Companies a non-exclusive license to use and to permit others to use throughout the universe the professional name of Artist, likenesses posted on the Artist Page, other identifications, and biographical material posted on the Artist Page concerning Artist (collectively the "NIL Materials") solely in connection with the advertising and promotion of MusicForte and the MusicForte Companies, or to refrain there from.

4. PRIVACY

You hereby acknowledge receipt and acceptance of MusicForte's Privacy Policy while on MusicForte. If you have not yet read the Privacy Policy, please do so now.

5. CONDUCT

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Artist, and not MusicForte, shall be entirely responsible for all Content that it uploads, posts, emails or otherwise transmits via the Services. Artist conduct on MusicForte is governed by the General Terms of Use. You acknowledge and agree that MusicForte and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, MusicForte and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms of Use or is otherwise objectionable as determined by MusicForte, in its sole discretion. Illegal and/or unauthorized uses of the MusicForte, including, without limitation, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to MusicForte will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

  1. Spam
    Any musicforte.com customer found to be using musicforte.com products, services or technology information for spamming purposes may, at the discretion of musicforte.com, be immediately cut off from use of all musicforte.com products and services and/or fined. By participating in spamming activities, you will be subject to the loss of musicforte.com services, fines and possible legal action.
  2. Unacceptable actions and content
    The following actions constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of any order. As condition of your use of this service, you shall not:
    • Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • Harm users of MusicForte.com (Users, Affiliates, Artists) in any way, or exhibit expressions of abuse that could give rise to any civil or criminal liability under applicable State or Commonwealth law, or violate any laws or regulations of any governing body having jurisdiction over musicforte.com, its affiliates, artists or users;
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
    • Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
    • Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;

6. CONTENT LICENSE

By posting Content on MusicForte (including, without limitation, blogs, master recordings, artwork, photographs and tour dates) you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing to any person or company by reason of any Content you post on MusicForte. With respect to any Content posted by or in connection with the Products and Services, you hereby grant MusicForte a non-exclusive world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, and otherwise exploit such Content (specifically including through streaming, podcasting, online/broadcast and satellite radio, suggested playlists and User playlists), to publish and promote such Content in connection with the particular Products and Services (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within MusicForte or any other MusicForte website through links to MusicForte, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed.

  1. No Monitoring of Content
    Although MusicForte.com regularly checks for unacceptable content, MusicForte.com does not have any obligation to monitor the music and lyrics. All content provided by a user of this service is expected to meet the guidelines as expressed in these terms and conditions.

MERCHANDISE SALES

Artist Pages may contain links to third party websites, including, without limitation, Artist's personal website, where Users can purchase Artist-related goods or services, including, without limitation, merchandise, albums and concert tickets. By creating such links on your Artist Page, you agree to abide by the terms of the transaction and promptly fulfill all such orders. In addition, you acknowledge that you are entering into a direct transaction with the User, and that MusicForte, MusicForte and the MusicForte Companies are not parties to the transaction. In no event shall you create a link to a third-party website selling illegal items or items otherwise prohibited under the General Terms of Use. MusicForte reserves the right to delete any links to offensive or illegal materials.

Merchandise sales conducted by MusicForte will provide to the Artist 60% of the sale price of which is set by the Artist. This split is provided that MusicForte hosts the product on the MusicForte website, or physically carries the product. The Artist is responsible to provide their payment information through the MusicForte website for eligibility of payment. The Artist can set up their personal payment information by logging in to their MusicForte account, and navigating to the "Sales" area of the site, which is visibly marked with text and graphic. There is a $20 minimum that must be met before payments are sent. If the minimum is not met, all Artist sales will continue to accrue without forfeit of any money.

  1. No Chargebacks; Anti-Fraud Policy
    MusicForte deems unauthorized chargebacks as consumer fraud and will proceed to collect by any means necessary. Client is responsible for attorney's fees, fees for collection agencies or third party intervention if client charges back or does not pay monies owed. Before any chargeback is initiated, the client must follow standard procedures of resolution by reporting any problem by email (support@musicforte.com) and/or phone (888) 659-2867.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MusicForte OR ITS LICENSORS BE LIABLE TO ANY ARTIST ON ACCOUNT OF THAT ARTIST'S OR ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, INCLUDING ANY USER'S INFRINGING USES OF ARTIST CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MusicForte OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, MusicForte. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ARTIST PAGES OR OTHER CONTENT STORED THROUGHOUT MusicForte, THROUGH HACKING OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL MusicForte OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, HACKING, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Trademark Usage Rules

You may use a MusicForte® trademark, logo, slogan or product/service name to refer specifically to MusicForte’s website, products and services in your marketing and promotional materials, books, conferences, applications, demonstrations, and so on. You are permitted to use a MusicForte trademark referentially provided that:

  1. You adhere to the MusicForte General Terms of Use;
  2. You do not disparage MusicForte’s website/products/services;
  3. You display your name or logo more prominently than any MusicForte trademark;
  4. You include a disclaimer that MusicForte does not sponsor, affiliate, or endorse a product, or services that is not specifically provided by MusicForte

    5. 10. INDEMNITY AND RELEASE

    By using the MusicForte web site you agree to indemnify MusicForte, Inc., the MusicForte Companies, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the MusicForte web site, your use of the Products and Services, your sale of goods and services through a link from your Artist Page or otherwise, or your submission of ideas and/or related materials to MusicForte or from any person's use of any account or password you maintain with MusicForte, regardless of whether such use is authorized by you. By using MusicForte, using the Products and Services, or submitting any ideas and/or related materials to MusicForte, you are hereby agreeing to release MusicForte and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to MusicForte.

    INTELLECTUAL PROPERTY DISPUTES

    It is the policy of MusicForte to respond expeditiously to claims of intellectual property infringement. MusicForte will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, MusicForte will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. MusicForte will terminate access for Users who are repeat infringers. Please see the General Terms of Use for more information.

    IDEA SUBMISSION

    MusicForte is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to MusicForte, we would like to hear them -- but any submission will be subject to the General Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MusicForte BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO MusicForte, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO MusicForte THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT MusicForte IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MusicForte, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.