Music Tribute Productions., Inc. – Terms of Service

These terms and conditions (the “Terms”) are effective immediately upon launching the application created by Music Tribute Productions, Inc., a Massachusetts corporation (the “Company”), located at 58 State Road., Erving, MA 01344.  

The Terms govern your access to and use of the Company’s website and mobile applications that link to or reference these Terms (the “Application”).  By accessing or using the Application, you are agreeing to these Terms and concluding a legally binding contract with the Company.  Do not access or use the Application if you are unwilling or unable to be bound by the Terms.

  1. DEFINITIONS
  1. Parties

“You” and “your” refer to you, as a user of the Application.  A “user” is someone who accesses, browses, or in any way uses the Application.  “We,” “us,” and “our” refer to the Company.

  1. Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.  “Company Content” means Content that we create and make available in connection with the Application.  “Third Party Content” means Content that originates from parties other than the Company or its users, which is made available in connection with the Application.  “User Content” means Content that user submits to, through or in connection with the Application.  “Application Content” means all of the Content that is made available in connection with the Application, including Third Party Content, User Content, and Company Content.

  1. CHANGES TO THE TERMS OF SERVICE/TERMINATION OF USAGE
  1. We may modify the Terms from time to time without prior notice other than the posting of the most current version of these Terms on the Application.  You understand and agree that your access to or use of the Application is governed by the Terms effective at the time of your access to or use of the Application.  You should revisit these Terms on a regular basis as revised versions will be binding on you.  Any such modification will be effective upon our posting of new Terms.  You understand and agree that your continued access to or use of the Application after the effective date of modifications to the Terms indicates your unconditional acceptance of the modifications.

  1. We reserve the right in our sole discretion to suspend or terminate the Application or any portion thereof, including any service available through the Application and/or your profile, account password or use of the Application, or any portion thereof, at any time for any reason with or without notice to you.  In the event of termination, you will still be bound by your obligations under this Agreement, including, without limitation, the representations and warranties made by you and the disclaimers, indemnification and limitations on liability.  Additionally, we shall not be liable to you or any third party for any termination of your access to the Application.

  1. You may terminate the Terms at any time by closing your account, discontinuing your use of the Application, and providing The Company with a notice of termination.  Please review our Privacy Policy for information about what we do with your account when terminated.
  1. USING THE APPLICATION
  1. Eligibility

To access or use the Application, you must be 18 years or older and have the requisite power and authority to enter into these Terms.  You may not access or use the Application if we have previously banned you from the Application or closed your account.

  1. Permission to Use the Application

We grant you permission to use the Application subject to the restrictions in these Terms and in the End User License Agreement (the “EULA”), the terms of which are incorporated herein by reference.  

  1. User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Application.  You are responsible for maintaining the confidentiality of your account password.  You are also responsible for all activities that occur in connection with your account.  You agree to notify us immediately of any unauthorized use of your account.  We reserve the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only.  In creating it, to the extent requested, we ask that you provide complete and accurate information about yourself.  Please read our Privacy Policy for more information.

  1. Obeying Applicable Laws

Do not use the Application in a way that distracts you from obeying traffic, safety or any other applicable laws, rules or regulations.  Always drive vigilantly according to road conditions and in accordance with traffic laws.

  1. RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user.  While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

  1. You agree not to, and will not assist, encourage, or enable others to use the Application to:
  1. Violate any applicable law, or violate the Terms;
  2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Application or Application Content, except as expressly authorized by the Company;
  3. Reverse engineer any portion of the Application;
  4. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Application or on any materials printed or copied from the Application;
  5. Reformat or frame any portion of the Application;
  6. Attempt to gain unauthorized access to the Application, user accounts, computer systems or networks connected to the Application through hacking, password mining or any other means;
  7. Use the Application or any Application Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
  8. Use any device, software or routine that interferes with the proper working of the Application, or otherwise attempt to interfere with the proper working of the Application;
  9. Use the Application to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Application or the Content;
  10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application, including harvesting or otherwise collecting information about others such as email addresses;
  11. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
  12. Deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  13. Deliver or provide links to, any postings containing defamatory, false or libelous material;
  14. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
  15. Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
  16. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver; or
  17. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Application, features that prevent or restrict the use or copying of the Content, or features that enforce limitations on the use of the Application.

Failure to abide by these restrictions may result in automatic termination or cancellation of your account and ability to use the Application as well as any other remedies we may have at law or equity, all of which are hereby reserved.

  1. GUIDELINES AND POLICIES
  1. End User License Agreement

You represent that you have read and understood our EULA.  Please see the EULA for information about our copyright and trademark rights in the Application.

  1. Privacy

You represent that you have read and understood our Privacy Policy.  Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to: (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms, the EULA  and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.  If you use the Application outside of the United States, you consent to having your personal data transferred to and processed in the United States.

  1. LINKS TO OTHER WEBSITES

These Terms apply only to our Application.  We provide links to other websites, including without limitation, a GPS navigation application, but we do not control or endorse what those websites or mobile applications say or do.  In particular, websites and mobile applications to which we link may request your personal and/or financial information.  We are not responsible for other sites’ content, information collection practices, or use of the information they collect.  Links to other websites and/or mobile applications do not constitute an endorsement of those sites or their content, owners, or posters.  We will not be liable for any form of liability arising from your reliance on or in connection with, the content of such services and application or any information provided by them.  Your use of third-party websites is at your own risk.  We do not provide any representation or warranty as to the accuracy of any navigation routes you may be directed to by any navigation system linked to our Application.  Some of the services made available through the Application may be subject to additional third party or open source licensing terms and disclosures which you agree by your use of the Application to be subject to their terms and conditions of service.

  1. INDEMNITY

You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand arising out of or relating to: (i) your access to or use of the Application; (ii) your violation of the Terms or of any applicable law; or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.  The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY ENTITIES TO YOU.  EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.  IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE APPLICATION.  BY ACCESSING OR USING THE APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.  YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

  1. THE APPLICATION IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT.  AS SUCH, YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK.  THE COMPANY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APPLICATION, ITS SAFETY OR SECURITY, OR THE APPLICATION CONTENT.  ACCORDINGLY, THE COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APPLICATION'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS OR RATINGS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE APPLICATION.
  2. THE COMPANY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE APPLICATION OR THE APPLICATION'S USERS.  ACCORDINGLY, THE COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE APPLICATION.
  3. THE COMPANY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE BUSINESSES LISTED ON THE APPLICATION, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE COMPANY ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
  4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APPLICATION, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APPLICATION.
  5. THE COMPANY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE APPLICATION OR THESE TERMS IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY ENTITIES IN CONNECTION WITH THE APPLICATION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
  6. THE COMPANY ENTITIES DISCLAIM LIABILITY FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (II) LOSS OF PROFITS; (III) BUSINESS INTERRUPTION; (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
  7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXCLUDE OR LIMIT ANY WARRANTY OR LIABILITY TO THE EXTENT IT WOULD BE UNLAWFUL FOR SUCH EXCLUSION OR LIMITATION TO BE AGREED UPON BY YOU.
  1. CHOICE OF LAW AND VENUE

New York law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the Company (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK COUNTY, STATE OF NEW YORK.

  1. GENERAL TERMS
  1. We reserve the right to modify, update, or discontinue the Application at our sole discretion, at any time, for any or no reason, and without notice or liability.
  2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or posting such notices on the Application.
  3. Except as otherwise stated in Section 6 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  4. The Terms, the EULA and the Privacy Policy contain the entire agreement between you and us regarding the use of the Application, and supersede any prior agreement between you and us on such subject matter.  The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these documents.
  5. Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  6. If any provision of the Term, the EULA or the Privacy Policy is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that such documents shall otherwise remain in full force and effect and enforceable.
  7. The Terms, the EULA, the Privacy Policy and any rights or obligations hereunder, are not assignable or transferable by you except with the Company's prior written consent, but may be assigned or transferred by us without restriction.  Any attempted assignment or transfer by you shall violate these Terms and be void.
  8. By using the Application, you agree that the exclusions and limitations of liability set forth in these Terms are reasonable.  If you do not believe that they are reasonable, you must not use the Application.
  9. We do not agree to act as your agent or fiduciary in providing services through the Application.
  10. The section titles in the Terms are for convenience only and have no legal or contractual effect.
  11. You may contact the Company at letssettleitapp@gmail.com.

The Terms of Service can be located at the following website address: http://www.letssettleitapp.com/terms_of_service.