Terms of Service

Terms of Service

Welcome to Music Career Map, which represents the websites MusicCareermap.com,  MusicIndustry.Careers, MusicIndustryAcademy.com and MusiciansDeskReference.com (the “Website”). The Website and services and products offered through the Website, including articles, reference materials, communication tools, message boards and search services (the “Service”), are owned and operated by The Counter Rhythm Group, LLC. When we refer to “us,” “our,” “we” and words of similar import, we mean The Counter Rhythm Group, LLC. Reference to “Example” means the Website and the Service, or either of them as the context implies.

Access to non-public areas of the Service are provided in accordance with the following terms (“Terms”). By using Example, you electronically agree to be legally bound by the Terms, which govern your use of Example. If you do not agree to all of these Terms, please immediately discontinue any further use of Example. Your failure to follow the Terms may result in suspension or termination of your access to Example.

We may change these Terms at any time. The most current version will be available by clicking on a link at the bottom of the first page on our Website. Continued access to Example by you will constitute your acceptance of any changes or revisions to the Terms.

Passwords

Your right to use Example is personal to you. You may not sub-license, transfer, sell or assign your right to access or use Example to any third party without prior our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Terms.

You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Website), you must promptly change your password and notify us by contacting us at the following address: info@musiccareermap.com.

General Usage Rules

You agree not to disrupt, modify or interfere with Example, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with Example.

Other than connecting to our service provider’s servers by http requests using a web browser, you may not attempt to gain access to our service provider’s servers by any means.

Intellectual Property

You acknowledge and agree that Example and the information, content and software presented to you through or by Example or used in connection with Example contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of Example or any information presented to you through Example, in whole or in part.

You may look at Example online, download individual materials to your personal or handheld computer for later reading, and even print a copy of materials for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access Example by any means other than through the interface that is provided by us for use in accessing Example.

License

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use Example subject to the Terms. You may not use Example in a manner that exceeds the rights granted for your use of Example, which includes unauthorized copying or distribution of any of the content displayed or used in Example or creating an unauthorized derivative work.

Information Provided by You

If you upload materials, content or information (collectively, “Information”) to areas of Example that are available to other users, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display the Information. Please refer to our Privacy Policy for an explanation of how we use your information and your rights to change or delete it. A link to our Privacy Policy is provided at the bottom of these Terms.

Restrictions Applicable to Use

In connection with your use of Example, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; advertisements or other commercial messages; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with Example or the servers or other technology hardware used by Example; (c) inhibit others from using Example, (d) allow any other person or entity to use your password or other identification; or (e) violate any law or regulation.

Disclaimers of Warranties.

WE PROVIDE EXAMPLE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT EXAMPLE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT EXAMPLE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EXAMPLE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING EXAMPLE, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE EXAMPLE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE EXAMPLE AT YOUR OWN RISK.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from Example infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from Example by contacting us at info@musiccareermap.com.

Termination and Modification

You agree that we may without prior notice, discontinue, temporarily or permanently, Example (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to Example with or without notice. Cause for termination shall include, but not be limited to, (a) violations of these Terms or your Subscription Agreement, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to Example, or (e) unexpected technical or security issues or problems.

Entire Agreement

The Terms and any Subscriber Agreement, and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Place for Resolving Disputes

The law of the State of Delaware governs this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Wilmington, Delaware. You irrevocably consent to the venue and jurisdiction of such courts.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN WILMINGTON, DELAWARE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN WILMINGTON, DELAWARE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS

Assignments

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

Execution of Agreement

Your continued use of Example constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by pall necessary and appropriate corporate or other action to execute this contract on behalf of the user.