Terms of Use

Thank you for visiting the MusicSupervisors.com (MSC) Web site (the Site). Please read these Terms and Conditions of Use (the Terms of Use) carefully before using this Site. These Terms of Use set forth the terms and conditions that govern your use of this Site. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, MSC grants you a license to view and use the features of this Site. If you do not agree with any provision of these Terms of Use please do not use this Site.

Copyright and Trademark
All the Materials on the Site are copyrighted materials, trademarks and/or other proprietary information, which are owned or controlled by MSC and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. MSC, the MSC logo and MusicSupervisors.com are the exclusive trademarks and service marks belonging to MSC. (the MSC Marks) and all rights in such trademark/service mark are reserved. Any unauthorized use of the MSC Marks is strictly prohibited. All other trademarks and service marks appearing on the Site are the property of their respective owners and all rights in such trademarks/service marks are also reserved.

You agree not to display, reproduce, distribute, modify, use, encumber, license, publish, sell, transfer or transmit, or in any way exploit, the copyrights and trademarks of this Site without the express written permission of MSC and any other respective copyright and/or trademark owner. Any violation of copyright and trademark laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Subsequent Revisions
MSC reserves the right, in its sole discretion, to modify, discontinue, or otherwise change, in any manner, any aspect of this Site including, without limitation, these Terms of Use, at any time without notice to you. Your continued use of the Site constitutes your legally binding acceptance of and agreement to such modifications, alterations and/or additions. Accordingly, RAS recommends that you periodically visit this page to review the current Terms of Use.

Ownership and Intellectual Property - MSC as Proprietor.
MSC is the exclusive owner and proprietor of the Site. The site content and site code as they exist on the Site are offered to you by MSC for limited use pursuant to these Terms of Use. Site Content means any and all human readable audio and/or visual elements of this Site, including, without limitation, any text, graphics, images, illustrations, photographs, animation, video/audio or audiovisual works, designs or logos, information and other content made available through the Site. Site Code means any and all underlying elements of this Site, including, without limitation, source code, script, object code, software, computer programs and other sets of statements or instructions contained in or underlying the Site (collectively, the Site Content and Site Code shall be referred to as Materials).

Use of Site - License
MSC grants you a non-exclusive, non-transferable, limited license to access, use and view the site, by way of one computer connected to the Site over the Internet only and in strict conformity with these Terms of Use.

Restrictions on Use
Unless expressly permitted elsewhere in the Site by MSC, the Site, including, but not limited to, the Materials and any portion of the Site, may not be copied, republished, reproduced, uploaded, downloaded, posted, transmitted or distributed in any way, except that you may cache pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future. In addition, but not in limitation, you may not sublicense, alter, adapt, transmit, publish, publicly perform or display, customize, modify, add to, delete from, create derivative works based upon any portion of the Site, link or forward any web address to this Site, copy, counterfeit or paste the Materials to any other website or web page. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind MSC to such a contractual arrangement. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with MSC. Any other use or exploitation of this Site, including the Materials, is strictly prohibited.

Rules for Bulletin Boards
MSC is not responsible for any material posted on any bulletin board, chat room, or other forum included in this Site (Forums) nor does MSC endorse any such material, nor represents or guarantees the truthfulness, accuracy or reliability thereof. You shall not upload, transmit, distribute or otherwise publish through such Forums any material that (a) libels, defames, or is obscene, pornographic, indecent, hateful, abusive, embarrassing or threatening; (b) infringes any intellectual property right or privacy or publicity right of any entity or person; (c) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (d) constitutes harassment or stalking; (d) violates any law; (e) or advocates illegal activity. Additionally, even if such content is legal, you agree that none of your posted material will contain information or content that: (u) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (v) constitutes, contains, or encourages make-money fast type messages, chain letters or pyramid schemes of any type; (w) contains false or misleading information; (x) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); (y) interferes with or slows the operation of the Site; or (z) with respect to chat rooms or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed. Additionally, you shall not upload, transmit, distribute or otherwise publish software or materials that contain a virus, corrupted files or similar program that may damage the operation of another's computer or this Site. MSC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever. MSC reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that MSC may not be monitoring the Forums and you are not relying upon MSC to monitor the Forums. MSC takes violations of its customers' rights and its own rights seriously and makes efforts to report any potential criminal violations to appropriate authorities.

License to Your Postings/Indemnity
By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to MSC a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material and that there are no other agreements with any third party in conflict herewith; and (b) MSC's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called Moral Rights or similar rights under any jurisdiction, now or hereafter recognized with respect to MSC.s (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold MSC harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against MSC, arising out of or relating to MSC's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.

Reservation of Rights
Any rights not expressly granted herein are reserved.

Links
This Site may contain hyperlinks or other references to third party Internet sites that MSC does not own or operate. Such hyperlinks are provided for your reference only. MSC makes no warranties or representations regarding the availability of, or the content located on or through such sites. MSC does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on MSC web sites are directed, nor does MSC represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, MSC does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at this Site.

Third Party Postings
This Site may contain information or advertising for third parties. MSC expressly denies any endorsement, sponsorship, approval or agreement with any third party communication made available via the Site, including messages, information and advertising of its clients or licensors. MSC shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, MSC reserves the right for any reason to remove without notice any communication made available via the Site and to deny in its sole discretion your access or any user access to communications made available via this Site.

Disclaimer of Warranty/Limitation of Liability
As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. MSC does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to MSC will not be stolen or otherwise surreptitiously obtained. MSC is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, MSC expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.

NEITHER MSC, ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY MSC) NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES MSC, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN AS IS AND AS AVAILABLE BASIS. MSC AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE RESTS SOLELY WITH YOU.

NEITHER MSC, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND ANY OTHER SUBJECT MATTER OF THESE TERMS OF USE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL RAS'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MSC, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Use in Other Locations
This site is controlled and operated by MSC from its offices in the State of California, United States of America. MSC makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

Notices
Notices by MSC to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages, unless otherwise specified in these Terms of Use as follows: Electronic mail (e-mail) must be sent to info@MusicSupervisors.com.
 

Force Majeure
MSC shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Governing Law/Forum Selection
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you bring to enforce this Agreement or any matters related to this Site shall be brought in either the State or Federal Courts located in Los Angeles County, California.

Severability
If any provision of these Terms of Use is held invalid, unenforceable or void, in whole or in part, the remainder of these Terms of Use shall not be affected thereby and shall continue in full force and effect.