Last updated: January 4, 2021
OUR SERVICES AND USERS.
We provide a platform through which musicians (“Registered Users”) can connect with Broadway, recording, theatrical events, live concerts, TV, film, and touring productions seeking musicians (each, a “Production”).
You can use our Website as a visitor. Visitors to our Website, as the term implies, are people who do not register for an account, but want to explore the Website for informational purposes. No login is required for visitors to the Website. Visitors can access all publicly-available content and features of the Website, and can contact us using the contact link on the Website.
In order to become a Registered User, you must establish an account with us. We are under no obligation to accept any individual as an account holder, and we may accept or reject any registration in our sole and complete discretion. To create an account, you will be prompted to create a password and user name (“User ID”) and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself. Each User ID and corresponding password can be used by only one individual. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including, but not limited to, use or misuse of the Service). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
USER CONTENT; LICENSES
Registered Users will be asked to provide us with certain content and personal information, including, but not limited to, educational information, work history, recordings, photos, and links to social media accounts (collectively, “User Content”) Each time that you provide us with User Content, you warrant and represent that (i) the User Content is accurate, current and truthful, and (ii) you own or otherwise have the right to provide us with the User Content for use in accordance with the terms of this Agreement.
You retain all copyrights and other intellectual property rights in and to your User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable license to (i) share your User Content with Productions that express an interest in your services or which we think will be interested in your services; (ii) compile, combine with other content, copy, and use your User Content in our database(s); (iii) aggregate your User Content with other content provided by other users of the Service, use such aggregate date for our own business purposes, share such aggregate data with third parties, and otherwise exploit such aggregate data.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. We and our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the content found on or made available through the Services may be retransmitted without our express, written consent for each and every instance.
The trademarks, service marks, and logos of M2 Music (the “M2 Music Marks”) used and displayed on the Services are registered and unregistered trademarks or service marks of ours. Other company, product, and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Marks,” and, collectively with the M2 Music Marks, the “Marks”). Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks, without our prior written permission specific for each such use. Use of the Marks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of M2 Music Marks inures to our benefit.
If you elect to provide us with feedback, comments, or suggestions with respect to our Services (“Feedback”), you agree that we will be free to use,
reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you.
NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTIONS OR ANY JOB THAT YOU MAY OR MAY NOT RECEIVE FROM ANY PRODUCTION. WE DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY JOB FROM OR WITH ANY PRODUCTION. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY PRODUCTION, AND THAT WE ARE NOT RESPONSIBLE FOR PAYMENT TO YOU OF ANY SERVICES OR PROVISION OF ANY BENEFITS ASSOCIATED WITH ANY SERVICES THAT YOU PROVIDE TO ANY PRODUCTION. WE WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY PRODUCTION OR ANY TRANSACTION BETWEEN YOU AND ANY PRODUCTION, AND YOU SHALL LOOK DIRECTLY TO THE PRODUCTION WITH RESPECT TO ANY DISPUTES OR ISSUES THAT YOU MAY HAVE. ANY LEGAL CLAIM RELATED TO A PRODUCTION OR ANY TRANSACTION BETWEEN YOU AND ANY PRODUCTION MUST BE BROUGHT DIRECTLY AGAINST THE APPLICABLE PRODUCTION. YOU HEREBY RELEASE US FROM ANY CLAIMS RELATED TO ANY PRODUCTION OR ANY TRANSACTION BETWEEN YOU AND ANY PRODUCTION, INCLUDING, WITHOUT LIMITATION, MISREPRESENTATIONS BY A PRODUCTION, FAILURE BY A PRODUCTION TO MAKE PAYMENT OR PROVIDE BENEFITS, OR PHYSICAL INJURY CAUSED BY OR IN CONNECTION WITH ANY PRODUCTION.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR SERVICE PROVIDER INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, THE CONTENT, OR OTHERWISE ARISING FROM THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).
You will indemnify, defend, and hold harmless M2 Music, its affiliates, and its and their respective officers, managers, partners, employees, and agents (collectively, “Indemnitees”) from and against any and all losses, civil penalties, liabilities, damages, judgments, costs, and expenses, including reasonable attorney’s fees and court costs (collectively, “Losses”), incurred in connection with any proceeding, claim, or action (collectively, “Claim”) arising out of or related to (i) your breach of this Agreement, (ii) any of your User Content, (iii) any services provided by you to any Production, or any transaction between you and any Production; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in Manhattan, New York in connection with any dispute arising from or relating to this Agreement
The Services may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
CHANGES TO THE AGREEMENT
TERMINATION OF THIS AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and the Services, and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. Sections 2, 6-19, 22 shall survive the termination of this Agreement.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
HOW TO CONTACT US
If you have questions about the Agreement or our Services, please contact us via email at firstname.lastname@example.org.
© 2021 M-Squared Music, LLC. All Rights Reserved.