Music Aficionado

Terms of Service

Thank you for using Music Aficionado!

Music Aficionado's products and services are provided by Music Aficionado Inc. (“MA”, “we”, “us” or “our”). These Terms of Service ("Terms") govern your access to and use of Music Aficionado's app, platform, website, products, and services (collectively "Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products either as a Member (including by purchasing a membership, or accepting an invitation, code or limited offer) or by merely being a browsing user who is not yet a member (a “User”), you agree to be bound by these Terms and by our Private Policy and Copyright Policy.

1. Using Music Aficionado

a. Who can use Music Aficionado?

In simple terms: You can use Music Aficionado if you're over 13. If you are not a Member, you can only have limited access to our Products as a User. Also, if you are a Brand or Vendor Member, or any other Member using Music Aficionado for any commercial purpose, you will need to contact us directly to set up a business account.

As a Music Aficionado Member or User, you may use our Products only if you form a binding contract with MA, and only in compliance with these Terms and all applicable laws. When you create your Music Aficionado profile and account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you are 13 or older, but not yet 18 years old, your parent or guardian must consent to these Terms. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products are software that is downloaded to your tablet, computer, phone, or other device (“Device”). You grant us the right to allow us to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of our Products. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

You specifically acknowledge and agree that if you have not yet joined as a Member, but are merely a User of our platform and Products, you shall have no right whatsoever to change, modify, edit, add to, delete or in any way alter any of the Content or the User Content (defined below), nor will you be entitled to any of the benefits or services otherwise accruing to Members of Music Aficionado.

b. Our license to you

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non- transferable, and revocable license to use our Products. All Music Aficionado trademarks, service marks, trade names, logos, domain names and any other features of the Music Aficionado brand are the sole property of MA. This license does not grant you any rights to use the Music Aficionado trademarks, service marks, trade names, logos, domain names or any other features of the Music Aficionado brand, whether for commercial or non-commercial use.

c. Commercial use of Music Aficionado

If you want to use our Products for commercial purposes, you may only do so by first contacting us directly to work out the terms and conditions of such business account at business@musicaficionado.com.

2. Your Content

a. Posting content

Music Aficionado allows its Members (but not Users) to post various kinds of content including videos, web links, music, reviews, comments, photos, and other materials, whether owned by you or others (collectively “Content”). We also allow Members (but not Users) to curate and create their own Collections and Playlists, which also contain various kinds of Content. Anything that you post or otherwise make available on our Products is referred to as "User Content." You (or the applicable third party who owns the applicable Content) retain all rights in to it, and you are solely responsible for the User Content you post to Music Aficionado.

In simple terms: If you post your content on Music Aficionado, it still belongs to you or whomever else owns it (not us), but we can show it to people and others can recommend it, review it, comment on it and include it in their own Collections they create on Music Aficionado.

b. How Music Aficionado and other users can use your content

You grant MA, Music Aficionado and its Members and Users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, review, re-post, modify, create derivative works, perform, and distribute your User Content and your name and likeness via photos that you post of yourself (including but not limited to as part of your Member profile) on Music Aficionado solely for the purposes of operating, developing, providing, and using the Music Aficionado Products. Nothing in these Terms shall restrict other legal rights MA may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or any of our other policies.

c. How long do we keep your content?

Following termination or deactivation of your account, or if you remove any User Content from Music Aficionado, we may retain your User Content on the Music Aficonado platform in perpetuity. Furthermore, Music Aficionado and its users may retain and continue to use, store, display, reproduce, review re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Music Aficionado.

In simple terms: Copies of content shared with others may remain on Music Aficionado forever even after you delete the Content from your account or it is deactivated.

e. Feedback provided by you

We always want to learn about ways we can make Music Aficionado more awesome and so we really value your input. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, MA does not waive any rights to use similar or related feedback previously known to MA, or developed by its employees, or obtained from sources other than you

In simple terms: We may actually use your suggestions to make Music Aficionado better, but you don’t get paid for it if you do and we own your suggestions - but your feedback will hopefully help make Music Aficionado a better experience for you and everyone else.

3. Copyright Policy

MA has adopted and implemented the Music Aficionado Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

In simple terms: Copyrights need to and will be adhered to and respected by us – and by you and all our other Members and Users.

4. Security

We care about the security of our Members and Users. While we work to protect the security of your content and account, MA cannot guarantee that unauthorized third parties will not be able to defeat our security measures. So please notify us immediately if you discover any compromise or unauthorized use of your account.

In simple terms: We all hate spam, spammers and hackers. You can help you (and us) by always being mindful of these Security Tips

5. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, retailers, advertisers, services, special offers, or other events or activities that are not owned or controlled by MA. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, retailer, service, or content from Music Aficionado, you do so at your own risk and you agree that neither Music Aficionado or MA will have no liability arising from your use of or access to any third-party website, service, or content or the purchase of any product therefrom. Any fee paid by you to become a Member of Music Aficionado does not automatically entitle you to receive free of charge or at any discount any products, services or subscriptions offered on our platform by us or by any third-parties who normally charge for same, and you will be required to pay us or such third parties for any such products, services or subscriptions in addition to the membership fees you are paying to us. In addition, any basic membership fee you pay us does not entitle you to any premium membership tier (s) which we may elect to offer to the Music Aficionado platform in the future which may require additional payment to us by you.

In simple terms: A lot of Content suggestions and recommendations link to Content on sites off of Music Aficionado. Although most of that material is fantastic, we're not to blame or responsible when it's not. So don’t shoot the messenger. And don’t expect to get free guitars or subscriptions to services offered by third party companies who are part of Music Aficionado just because you paid a membership fee.

6. Termination

MA may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-14 of these Terms.

In simple terms: We reserve the right to refuse service to anyone – including you.

7. Technological Limitations and Modifications

We will make reasonable efforts to keep our Music Aficionado platform operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Music Aficionado reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Music Aficionado platform of Products, with or without notice, all without liability to you for any interruption, modification, or discontinuance of the Music Aficionado platform or Products or any function or feature thereof. You understand and agree that MA has no obligation to maintain, support, upgrade or update the Music Aficionado platform or Products, or to provide any or all specific content through the platform or Products.

8. Music Aficionado Community Guidelines

Music Aficionado has established a few ground rules when using our platform and Products to make sure Music Aficionado stays enjoyable for everyone to use. We strongly ask you to follow these rules and encourage other Members and users to do the same.

In simple terms: Be responsible, be vigilant, be courteous to other Members, remember that what you post is being made public and - most of all- don’t be an obnoxious grandstanding a**hole. We won’t stand for it, other Members won’t stand for it – and frankly neither should you.

Music Aficionado respects intellectual property and expects you to do the same. This means, for example, that the following is not permitted: (a) copying, reproducing, “ripping”, recording, or making available to the pubic any part of the Content delivered to you via the Music Aficionado platform or Products, or otherwise making any use of the Music Aficionado platform or Products which is not expressly permitted under these Terms, (b) using the Music Aficionado platform or Products to import or copy any local files you do not have the right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based upon the Music Aficionado platform or Products or any part thereof; (d) circumventing any technology used by Music Aficionado, its licensors or any third party to protect content accessible through the platform or Products; (e) renting or leasing any part of the Music Aficionado platform of Products; (f) artificially increasing play count or otherwise manipulating the Products by using a script or other automated process; (g) removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Music Aficionado platform or Products; (h) providing your username or password to any other person or using any other person’s username or password.

Please respect Music Aficionado and other Members of Music Aficionado. Don’t engage in any activity on the platform or upload User Content, including registering and/using a username, which is or includes material that (a) is offensive, abusive, derogatory, defamatory, pornographic or obscene; (b) is illegal, or intended ro promote or commit an illegal act of any kind, including, but not limited to, violations of intellectual property rights, privacy rights, or proprietary rights or Music Aficionado or a third party; (c) includes personal data of third parties or is intended to solicit such personal data; o)d) includes malicious content such as malware, Trojan horses or viruses, or otherwise interferes with any user’s access to the Music Aficionado platform or Products; (e) is intended or does harass or bully other users; (f)impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar automated mans to artificially promote content; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services excepted as otherwise expressly permitted by MA; (k) interferes with the Music Aficionado platform or Products, tampers with or attempts to probe, scan, or test for vulnerabilities in the Music Aficionado platform or Products or our computer systems or network, or breaches any of our security or authentication measures, or (l) conflicts with these Terms, as determined by us. You agree that we may also reclaim your username for any reason.

Please be thoughtful about what you make public on Music Aficionado. The Music Aficionado platform and Products includes social and interactive features, including the ability to post User Content, share content and make certain information about you public in your Member profile and account settings. Remember that shared or publically available information may be used and re-shared by others on Music Aficionado or across the web, so please use Music Aficionado carefully and manage your account settings regularly. Music Aficionado has no responsibility for your choices to make any actions or material public on the platform.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand are responsible for all use if your username and password on the platform. If your username or password is lost or stolen, or if you believe, there has been unauthorized access to your account by third parties, please nortify us immediately and change your password as soon as possible.

9. Sales, Purchases and Trading of Products via Music Aficionado

Without limiting any of the other provisions of our Terms of Service, MA specifically disclaims any and all liability for any and all products sold by third parties via Music Aficionado. MA does not endorse any sellers of any products (whether individual private sellers or established retailers), does not warranty the accuracy of any descriptions of any product items, does not take possession of any product items and is not responsible for any misstatements of fact or misrepresentations regarding any of any products.

Sales by third parties on Music Aficionado are provided as an ancillary service by MA, a mere point of contact. MA does not get involved in any way with private deals that result from those contacts, and does not investigate or verify the backgrounds, listing or records of any sellers. MA does not warrant or represent the ability of any seller to complete any sale, and is not in any way involved with the payment or shipping process. Please use appropriate caution as you negotiate a sale or trade. MA strongly advises using a payment service that provides a minimum of customer protection for buyers and sellers. All purchases are at both parties’ sole and exclusive risk, and MA will not be liable for any sale or purchase. Accordingly, MA excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and nonDinfringement. MA will not under any circumstances be involved in any form of dispute mediation, arbitration or other intercession between any buyers or sellers.

You agree that MA (including any parents, subsidiaries, affiliates, officers, directors, agents and employees) are not responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits or other intangible losses or any special, indirect or consequential damages) resulting from any sale or trade of any products via Music Aficionado or made via any contact made on Music Aficionado. If you have a dispute with any party relating in any way to any sale or trade of any products initiated via Music Aficionado, you release MA (and its affiliates and subsidiaries, and our and their respective officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

10. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Music Aficionado, MA and

its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

In simple terms: If we are sued because of something you or your business does on Music Aficionado, you have to pay our costs and liabilities. So remember you need to create a business account and agree to our commercial terms in the first place.

11. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

MA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

MA takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

In simple terms: Like it or not, people may sometimes post bad stuff on user-generated content platforms like Music Aficionado. We take that kind of thing seriously of course, but you still might run into it before we have a chance to take it down. So if you see bad stuff you can help by reporting it to us immediately.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL MUSIC AFICIONADO'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

In simple terms: We are building the best service we can for you and the other Members of our community - but we can't promise it will be perfect. So we're not liable for various things. If you think we are, let's try to work it out like adults.

13. Arbitration

For any dispute you have with MA, you agree to first contact us and attempt to resolve the dispute with us informally. If MA has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and MA agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that MA will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

14. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Los Angeles County, California or the United States District Court for the Southern District of California, for any actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

In simple terms: You'll have to sue us here in sunny Southern California (but of course we’re confident it will never come to that).

15. General Terms

Notification Procedures and changes to these Terms. MA reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

In simple terms: We'll let you know if we make any significant changes to these terms.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy, Copyright Policy and any amendments and any additional agreements you may enter into with MA in connection with the Products, shall constitute the entire agreement between you and MA concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

In simple terms: These three passages are part of just about every online terms agreement you’ll come across. Essentially, they ensure that when you’re using a platform or site such as Music Aficionado, you’ve made a binding deal with us.