User Agreement for The Music Box

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Terms and Conditions

Please read this User Agreement before using this Service. By continuing to use MUSICBOX-ONLINE.COM, you agree to abide by the conditions of this User Agreement.

MUSICBOX-ONLINE.COM SERVICE USER AGREEMENT

1. Welcome to MUSICBOX-ONLINE.COM ("TMB", "Service" or "we"). By using this Service, you agree to be bound by all of the terms of this Agreement (the "User Agreement"). We reserve the right to change the terms of this User Agreement or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at: MUSICBOX-ONLINE.COM. Your use of this Service constitutes your agreement to all such terms, conditions, and policies. Unless explicitly stated otherwise, any new features or functionality that augment or enhance this Service, shall be subject to this User Agreement.

2. TMB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TMB shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. This Service (including, without limitation, text, photographs, graphics, video, audio, and all other content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. TMB (subject to the rights of its licensors and licensees under applicable agreements, understandings, and arrangements) has rights therein. All individual articles, videos, photographs, graphics, audio, other content, and other elements that are a part of this Service are also copyrighted works, and TMB (subject to the rights of its licensors and licensees under applicable agreements, understandings, and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service. By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio, or otherwise), you are giving TMB, and its affiliates, agents, and third party contractors the EXCLUSIVE right to display or publish such content on the Service and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.

You shall be solely responsible for your own submissions and the consequences of posting, publishing, or submitting them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize TMB to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by TMB and this User Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by TMB and this User Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TMB all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TMB or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

TMB reserves the right to remove or not publish submissions without prior notice.

4. (a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except as permitted under the last sentence of this Section 4(a) and except that you may make one PRINT copy that is limited to occasional articles of PERSONAL interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may NOT distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. You may not circulate, sell, reproduce, or redistribute any portion of this Service in any medium (including but not limited to newsgroups, mail lists, electronic bulletin boards, web sites, and blogs), except with our express written consent.  In addition, these files on this Service may not be used to construct any kind of database. Just as TMB from time to time excerpts materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make "fair use" of the materials contained on TMB; accordingly, you may from time to time EXCERPT and use materials set forth on this site, provided, that you (i) keep the excerpt to a SHORT and REASONABLE length, (ii) give the original author credit, (iii) include the magazine name ("The Music Box" or "Musicbox-Online.com") as well as the month and year and/or the volume and issue of publication, and (iv) provide a fully functional link back to the original article; in addition, such use must be for a NON-COMMERCIAL purpose only and not, for example, for re-sale.

(b) We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

(c) You may not use data mining, robots, screen scraping, or any other data gathering tools or extraction methods on the TMB website or its contents without our express written consent.

(d) You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information, including images, text, page layout, or form, of the TMB website and its contents without our express written consent.

(e) You may not utilize meta tags or create any other form of "hidden text" utilizing TMB's name, trademarks, or contents without our express written consent.

(f) You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the TMB site, provided that the link does not portray TMB and its affiliated sites and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the TMB logo or other proprietary graphic or trademark as part of this link without our express written permission. You also may not hyperlink or hotlink directly to our jpg, gif, or other graphics files without express written permission.

5. You agree to indemnify and hold harmless TMB and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

6. This service is available "as is." TMB does not warrant that this service will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the news, information, or other materials available through this service. TMB does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this service or any information or goods that are available or advertised or sold through this service. TMB does not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement, or other material or database displayed, uploaded, or distributed in this service or available though links in this service. We reserve the right to correct any errors or omissions in this service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses," or other destructive materials to this service, we do not guarantee or warrant that this service or materials that may be downloaded from this service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this service and any materials available through this service, you do so solely at your own risk.

This service may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by TMB or by third-parties. Due to the number of sources from which content in this service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose. Information created by third-parties that you may access on the service or through links is not adopted or endorsed by TMB and remains the responsibility of such third-parties.

7. We are not responsible for the availability or content of other services that may be linked to this Service. Because TMB has no control over such services, you acknowledge and agree that TMB is not responsible for the availability of such external services, and that TMB does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such services. You further acknowledge and agree that TMB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such services.

8) Your correspondence or business dealings with, or participation in promotions of, sponsors, third-parties, or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that TMB 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 sponsors, third-parties, or advertisers on the Service.

9. TMB and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

10. The failure of TMB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.

11. This Agreement may be terminated by either party for any reason at any time. Sections 3 through 10 of this Agreement shall survive such termination.

12. This Agreement shall be governed by the laws of the United States and the State of Illinois, applicable to agreements made and to be performed therein without regard to conflict of laws principles . BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

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