1. ACCEPTANCE OF TERMS
MusicStack has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:
You understand that all previous, current and future postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that MusicStack does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the MusicStack site and Content available through the Service may contain links to other websites, which are completely independent of MusicStack. MusicStack makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MusicStack be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that MusicStack does not pre-screen or approve Content, but that MusicStack shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The MusicStack site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MusicStack, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MusicStack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MusicStack is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MusicStack, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT / DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") POLICY
This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is the policy of MusicStack to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
Upon receipt of proper notification of claimed infringement, MusicStack will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with MusicStack, you must provide a written communication (by signed for mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format (including URLs):
1. Identify with sufficient detail the copyrighted work that you believe has to been infringed. For example, "The copyrighted work at issue is the "title of the work" by "name of the artist" and abstract number/URL (http://www.musicstack.com/item/538292);
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MusicStack to locate the material;
3. Information reasonably sufficient to permit MusicStack to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. Sign the document.
7. Send your written DMCA Notice to the following designated copyright agent by signature mail:
Attn: DMCA Complaints
2920 Jay Avenue
Cleveland, OH 44113
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
Notice and Takedown Procedure:
It is expected that all users of any part of MusicStack system will comply with applicable copyright laws. However, if MusicStack receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by MusicStack in MusicStack's sole and absolute discretion. MusicStack will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
Please allow at least four business days to process any complaint or counter-notification. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due to the complaint not being filed properly.
In accordance with Section 512(i)(1)(a) of the DMCA, the Compnay may, in its discretion, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures:
It is MusicStack policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a MusicStack employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the MusicStack sites which are not designated for such purposes; or emailed to MusicStack users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Ohio law. Some of these items include but are not limited to bootlegs, pirated CDs or DVDs, promo copies or stolen items.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by MusicStack;
s) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) attempt to gain unauthorized access to MusicStack's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MusicStack website; or
u) use any form of automated device or computer program that enables the submission of postings on MusicStack without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless authorized by MusicStack;
v) use any form of automated device or computer program ("flagging tool") that enables the use of MusicStack's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on MusicStack's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from MusicStack. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from MusicStack.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to MusicStack users and/or email addresses or through MusicStack computer systems, which is expressly prohibited by these Terms. Any unauthorized use of MusicStack computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that MusicStack may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MusicStack has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MusicStack reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MusicStack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
MusicStack grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MusicStack. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
MusicStack permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by MusicStack to do so. You may also create a hyperlink to the home page of MusicStack sites so long as the link does not portray MusicStack, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
MusicStack offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. MusicStack permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'MusicStack' as the source, (d) your use or display does not suggest that MusicStack promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden MusicStack's systems. MusicStack reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by MusicStack immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from MusicStack.
13. TERMINATION OF SERVICE
You agree that MusicStack, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MusicStack believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that MusicStack shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MusicStack. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MusicStack, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although MusicStack does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MusicStack an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant MusicStack all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE MUSICSTACK SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MUSICSTACK SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICSTACK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MUSICSTACK SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICSTACK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MUSICSTACK SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MUSICSTACK SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICSTACK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MUSICSTACK SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MUSICSTACK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MUSICSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MUSICSTACK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MUSICSTACK SITE OR THE SERVICE, FROM INABILITY TO USE THE MUSICSTACK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MUSICSTACK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MUSICSTACK SITE OR THE SERVICE OR ANY LINKS ON THE MUSICSTACK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MUSICSTACK SITE OR THE SERVICE OR ANY LINKS ON THE MUSICSTACK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You acknowledge and agree that you are personally responsible for your conduct while using the Service and agree to indemnify and hold harmless MusicStack and its officers, directors, employees and agents from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that MusicStack may incur in connection with your use of the Service or the Website, or the use of the Service or Website by anyone using your User ID(s) [which is your email address(es)] or Password(s) regardless of whether such person actually is authorized to use the User ID(s) or Password(s), or your violation of the TOU or of the rights of any third party. Your obligations under this paragraph shall survive termination of this Agreement.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and MusicStack and govern your use of the Service, superceding any prior agreements between you and MusicStack. The TOU and the relationship between you and MusicStack shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and MusicStack agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio. The failure of MusicStack to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MusicStack makes no representation that materials on this site are appropriate or available for use in other locations. If you access this site from outside the United States, be advised that this site may contain references to products and services that are not available, or are prohibited, in your country.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for MusicStack to pursue legal action to enforce these Terms, you will be liable to pay MusicStack the following amounts as liquidated damages, which you accept as reasonable estimates of MusicStacks' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay MusicStack one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If MusicStack establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay MusicStack one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access MusicStack in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to MusicStack email addresses or MusicStack users or through MusicStack computer systems, you agree to pay MusicStack twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay MusicStack one hundred dollars ($100) for each Item of Content posted. In its sole discretion, MusicStack may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay MusicStack one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay MusicStack an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without MusicStack's express written permission, you agree to pay MusicStack three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay MusicStack's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, MusicStack retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to MusicStack or other respective owners that have granted MusicStack the right and license to use such Marks.
21. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not constitute MusicStack acceptance of your order or the acceptance of your order from one of MusicStack's sellers, nor does it signify confirmation of MusicStack or its sellers offer to sell. MusicStack and/or it's sellers reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged or other forms of payment has been made. If payment has been made and your order is canceled, your payment will be refunded by the owner of the account to which payment was made. MusicStack or its sellers may require additional verifications or information before accepting any order. Price and availability of products and services offered on the MusicStack site is subject to change without prior notice.
MusicStack asks that parents supervise their children while online. No information should be posted by minor children without parental consent.