G MUSIC LTD. /MUSIC PLANT GROUP WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS
LAST UPDATED: JANUARY 1, 2020
These terms and conditions (the “Terms”) govern your access to and use of G MUSIC LTD. / MUSIC PLANT GROUP’S websites and mobile applications (“Site”). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with G MUSIC LTD. (“MUSIC PLANT GROUP”). It is important that you read carefully and understand the Terms. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Any references to “you” and “your” refer to you, as a user of the Site. References to “we”, “us” and “our” refer to G MUSIC LTD./MUSIC PLANT GROUP.
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. All material modifications will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Music Plant Group, its labels, or any person or entity associated with Music Plant Group. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
iii. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
vii. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
viii. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
iii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
vii. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
viii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Music Plant Group and its employees do not accept or consider unsolicited sound recordings, musical compositions or any other creative materials (collectively, the “Submission”). If, despite our policy, you still have submitted unsolicited material to us then Music Plant Group will not be obligated to treat your Submission as confidential or proprietary and, by making such a Submission, you will be deemed to have acknowledged that i) Music Plant Group has no obligation and shall not be liable to you or to any person claiming through you based on such Submission and ii) you relinquish any claim whatsoever based upon your submission.
The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, Music Plant Group does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
You agree to indemnify, defend and hold harmless Music Plant Group and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Music Plant Group reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MUSIC PLANT GROUP AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Music Plant Group reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Music Plant Group will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. Music Plant Group does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
These Terms shall be governed by, and construed in accordance with, the laws of the State of Illinois, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts sitting in the City of Chicago in the State of Illinois, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that Music Plant Group should be notified of a possible online copyright infringement involving any Music Plant Group Site, please notify G Music Ltd. Email: firstname.lastname@example.org
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.