1. ACCEPTANCE OF TERMS
Welcome to Yumusica. Yumusica provides its service to you subject to the following Terms of Service ("TOS"). This TOS may be updated by Yumusica© by posting the changes to http://www.Yumusica.net/terms.
2. DESCRIPTION OF SERVICE
Yumusica provides users with a search engine service to
locate mp3 files and metadata from external web sites throughout
the internet. Yumusica has no control over any web sites or
resources which are provided by companies or persons other than
Yumusica. You acknowledge and agree that Yumusica is not
responsible for the availability or content of any such external
sites or resources, and does not endorse any advertising,
products or other materials on or available from such web sites
or resources. You acknowledge and agree that Yumusica is not
liable for any loss or damage which may be incurred by you as a
result of the availability of those external sites or resources,
or as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising, products
or other materials on, or available from, such web sites or
resources.
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new Yumusica features, shall be subject to this TOS. You
understand and agree that the Service is provided "as is" and
that Yumusica assumes no responsibility for the timeliness,
deletion, or failure to store or deliver any user communications
or personalization settings. You are responsible for obtaining
access to the Service, and that access may involve third-party
fees (such as your own Internet service provider or airtime
charges).
3. YOUR REGISTRATION OBLIGATIONS (INCLUDING MEMBER ACCOUNT, PASSWORD AND SECURITY)
Currently Yumusica requires no registration from users of its Services. If in the future Yumusica adds features that require registration, the registration obligations will be posted in this TOS.
4. YOUR OBLIGATIONS WHILE USING THE Yumusica SERVICE
You agree not to access, or attempt to access, any of the
Services by any means other than through the interface that is
provided by Yumusica, unless you have been specifically allowed
to do so in a separate agreement with Yumusica. You specifically
agree not to access, or attempt to access, any of the Services
through any automated means, including use of scripts or bots.
Yumusica may in the future provide automated access to Services
(such as an api or web service) and will update the TOS here or
in a separate agreement with specific persons or companies.
You agree that you will not engage in any activity that
interferes with or disrupts the Services (or the servers and
networks which are connected to the Services).
Unless you have been specifically permitted to do so in a
separate agreement with Yumusica, you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Services
for any purpose.
You agree that you are solely responsible for (and that Yumusica
has no responsibility to you or to any third party for) any
breach of your obligations under the Terms and for the
consequences (including any loss or damage which Yumusica may
suffer) of any such breach.
5. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, or
other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person
from whom such Content originated. This means that you, and not
Yumusica, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via
the Service. Yumusica does not control the Content posted via
the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will Yumusica be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or
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 Service.
You agree to not use the Service to:
- Post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Impersonate any person or entity, including, but not limited to, a Yumusica employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual agreement.
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy).
- Upload, post, email, transmit or otherwise make available 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 or hardware or telecommunications equipment.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Intentionally or unintentionally violate any applicable local, provincial, national or international law.
- Harm minors in any way; "stalk" or otherwise harass another.
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
6. FEEDBACK AND OTHER SUBMISSIONS
Users may provide feedback on our Site. You agree that any and all information that you submit, including any and all written messages or comments, are the property of Yumusica and may be used for any purpose.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold Yumusica and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yumusica may establish general practices and limits concerning use of the Service, including without limitation the maximum number or size of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Yumusica's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Yumusica has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Yumusica reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yumusica reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
Yumusica reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yumusica shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Yumusica may, under certain circumstances and without prior notice, immediately terminate your Yumusica account, any associated playlists and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Yumusica account may include (a) removal of access to all offerings within the Service, including but not limited to Yumusica, Message Boards and other services provided, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Yumusica's sole discretion and that Yumusica shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yumusica shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. Yumusica'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through
the Service or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Yumusica or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or
the Software, in whole or in part.
Yumusica grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in
the Software. You agree not to modify the Software in any manner
or form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by
any means other than through the interface that is provided by
Yumusica for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
We disclaim any responsibility for the deletion, the failure
to store, or failed 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 Site. We disclaim any
responsibility for any service outages that are caused by our
maintenance on the servers or the technology that underlies our
Site, failures of our service providers (including
telecommunications, hosting, and power providers), computer
viruses, natural disasters or other destruction or damage of our
facilities, acts of nature, war, civil disturbance, or any other
cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR
FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT
ON OUR SITE. OUR SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN THROUGH OUR SITE 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.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i)
OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) ANY ERRORS
WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES OR
PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE
RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE
ACCURACY, COMPLETENESS OR ACCESSIBILITY OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. NOTICE
Yumusica may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
17. TRADEMARK INFORMATION
The Yumusica name and logo and related product and service
names are trademarks of Yumusica Search Inc. Without Yumusica's
prior permission, you agree not to display or use in any manner
the Yumusica trademarks.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Yumusica respects the intellectual property of others, and we ask our users to do the same. Please see our copyright statement
19. VIOLATIONS
Please report any violations of the TOS immediately to info@Yumusica.netm