END
USER LICENSE AGREEMENT FOR MUSICMONSTA SERVICES (September
10, 2009)
READ
THE FOLLOWING LICENSE AGREEMENT FOR THE USE OF MUSICMONSTA
SERVICES IF YOU WISH TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
BY
ACCESSING AND USING THE SERVICES PROVIDED BY MUSICMONSTA
YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT
AND ITS TERMS.
Covered
under this license agreement are all services included
in MUSICMONSTA marketing and promotion system, as well
as updates, upgrades and platform revisions available
for users.
1.
LICENSE GRANT
"You" means the person or company
who is being licensed to access or make use of the services
provided by MUSICMONSTA. "We," "us"
and "our" means MUSICMONSTA. According to
the terms and conditions of this agreement, all the
services provided by MUSICMONSTA are granted under license
to its users only and exclusively in those countries
in which MUSICMONSTA has adapted a network for its use
and operation. To the extent permitted by applicable
law, your license for access and use of MUSICMONSTA
services will automatically be terminated in case of
non-payment. This license agreement takes effect upon
your access and use of our services and remains effective
until terminated. This license agreement will terminate
upon completion of your contract with us. The duration
of each contract will be determined by the type of pre-established
contract agreement. Access and use of MUSICMONSTA services
is subject to additional terms and conditions available
at www.musicmonsta.com. Compliance with these additional
terms and conditions is part of this agreement. You
have no property right or right to participate in MUSICMONSTA.
All current property rights and any others, which may
arise, remain the property of MUSICMONSTA and its licensors.
Access and use of our services is subject to the terms
and conditions in this agreement and protected by all
rights granted under current intellectual property law.
Except for those granted in this agreement, MUSICMONSTA
and its licensors reserve all rights, titles, resources
or actions.
2.
RESTRICTIONS
It is prohibited to sub-license, modify, adapt
or trespass any of the services provided and/or licensed
by MUSICMONSTA. To the extent permitted by applicable
law, you must not infringe or violate any law, regulation,
legislation or any of MUSICMONSTA entitlements or company
law or those of its affiliates or third party users
while accessing and using our platform, including but
not limited to access, use or distribution of any promotional
material which is known to infringe copyright law. You
must not make use of our platform services, except under
the authorized terms and contracted agreements. You
must not exploit our platform services in any way, except
under express consent or authorization by MUSICMONSTA
or its licensors. Any violations to this agreement will
result in immediate termination of your license and
may result in non-renewal of all MUSICMONSTA services
or those of its affiliates.
3.
UPDATES AND SERVICES
Periodically, MUSICMONSTA may offer updates,
upgrades or servicing to its system to ensure proper
function and compliance with MUSICMONSTA quality standards
or to offer new services to its users. Some services
will be automatically provided without prior notification
and others will be available online through MUSICMONSTA
website or its authorized affiliates. All our prices
must add VAT 18% (IVA in Spain), not included in the
home page.
4.
INFORMATION GATHERING AND EVALUATION
MUSICMONSTA may gather information about you
or your music label for the purpose of your evaluation,
assessment and evaluation of services, compliance with
current legislation policies, commercial purposes, account
termination (if applicable), to track user conduct and
for other purposes. The information gathered is not
personal identification information. We reserve the
right to use any method to collect the aforementioned
information.
5.
INTERNET CONNECTIVITY
The use of all tools necessary to access your
private account space within MUSICMONSTA, including
internet service, are your responsibility. Access to
some internet functions may not be available in your
area, just as internet access may not be free of charge
or may be subject to malfunction, low-speed, interruption,
or disconnection. Please refer to your internet provider
for any details. Not all internet connection points
will support access to some website functions. Web surfing
or data access may result in virus infection, corruption
or loss of data or other problems. You must comply with
all current norms and regulations. You are responsible
for all fees and costs related to Internet access, use
and connection.
6.
LIMITS OF LIABILITY
In no event will MUSICMONSTA be liable to you
for any damages, including any lost profits, lost of
data, lost savings, or other incidental or consequential
damages arising from the user or access or the inhability
to use or access our platform services or any content,
program, function, service or content of information,
both existing or provided through its use, or for any
claim by another party to the extent permitted by aplicable
law except in countries or states wich do not allow
the limitation or exclusion of liability for incidentar
or consequential damages, the above exclusion and limitations
will apply to, even if no proceeding any of the actions
in their own essential function. In no event will MUSICMONSTA
be responsible for the results after launching a promotional
campaign, or for media or critic response.
7.
TERMINATION
If MUSICMONSTA determines that you have violated
the terms and conditions of this agreement, it may carry
out any and all necessary action to protect its own
interests, including but not limited to, the termination
and refusal of services and denial to access the private
account granted by MUSICMONSTA following the term of
service. MUSICMONSTA and its licensees reserve the right
to take legal suit against anyone who violates this
agreement. MUSICMONSTA reserves the right to collaborate
in any legal suit or private or government investigation
related to any misconduct or the misuse of its product.
8.
GENERAL PROVISIONS
By accessing and making use of the services
provided by MUSICMONSTA, you accept all the terms and
conditions of this agreement. MUSICMONSTA reserves the
right to change or modify the terms and conditions of
this agree ment at any time and without prior notification,
including but not limited to, the terms found in the
documentation or the service manual detailed at www.musicmonsta.com.
You must periodically access www.musicmonsta.com to
verify any changes in this agree ment. By accessing
or making use of the services provided by MUSICMONSTA,
you accept all and any changes made to this agreement.