Terms of Service Privacy Policy

NumberOneMusic.com - Artist Terms of Service

11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL NumberOneMusic OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NumberOneMusic OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, NumberOneMusic. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT NumberOneMusic.

UNDER NO CIRCUMSTANCES SHALL NumberOneMusic OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

12. DISCLAIMER REGARDING THIRD PARTY CONTENT
NumberOneMusic offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, NumberOneMusic has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on NumberOneMusic or provided to NumberOneMusic by third parties, NumberOneMusic may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through NumberOneMusic from such sources is developed by people over whom NumberOneMusic exercises no control. Similarly, content hosted by NumberOneMusic which is posted by third parties, and, with the exception of certain random screening functions, NumberOneMusic cannot and does not screen such web pages before they are made accessible to other users of NumberOneMusic. Accordingly, neither NumberOneMusic nor its licensors assume any responsibility for the content of any site linked to the NumberOneMusic web site or in any web page hosted for a third party within NumberOneMusic web site. In instances where NumberOneMusic does review the sites that are displayed in directories, indices, and/or references, or where NumberOneMusic makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by NumberOneMusic, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

13. STORAGE
Many features of NumberOneMusic store information on behalf of Listeners. Examples include, but are not limited to chat, Profiles and postings. NumberOneMusic reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the Listener’s account has been inactive.

14. ADVERTISERS AND CONTENT LINKED TO THE NumberOneMusic NETWORK
NumberOneMusic and the Number One ent. Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave NumberOneMusic to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. NumberOneMusic and the NumberOneMusic Companies have no control over such sites and resources. You acknowledge and agree that NumberOneMusic and the Number One ent. Companies are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NumberOneMusic and the Number One ent. Companies 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the NumberOneMusic Products and Services, 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 advertiser. You agree that NumberOneMusic and the Number One ent.Companies 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 advertisers on the Product and Services.

15. NO LICENSE; INTELLECTUAL PROPERTY OF NumberOneMusic AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of NumberOneMusic's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate NumberOneMusic and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of NumberOneMusic and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by NumberOneMusic in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by NumberOneMusic, any of NumberOneMusic Inc’s affiliates, or any of NumberOneMusic’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through NumberOneMusic for any purpose other than the purpose for which such Content is made available to users by NumberOneMusic. You agree not to defame or disparage NumberOneMusic and the Number One ent. Companies, the trademarks or service marks of NumberOneMusic, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or NumberOneMusic.

16. LINKING TO NumberOneMusic; USE OF LOGO
NumberOneMusic offers a non-assignable, non-transferable, and non-exclusive license to link to NumberOneMusic web sites, using NumberOneMusic logos, subject to the following provisions. NumberOneMusic logos may be placed on a Web site for the sole purpose of creating a link to NumberOneMusic and allowing users of your site to access the Products and Services on NumberOneMusic. NumberOneMusic logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by NumberOneMusic. NumberOneMusic logos may only be used in accordance with the NumberOneMusic Trademark Usage Guidelines and the instructions found here, and may only be used in the exact size, shape, colors, design, and configuration as found on such web page. NumberOneMusic logos may not be altered in any manner. NumberOneMusic logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. NumberOneMusic logos may not be used to disparage NumberOneMusic, its products or services, or in a manner which, in NumberOneMusic’s reasonable judgment, may diminish or otherwise damage NumberOneMusic’s good will in NumberOneMusic logos. By using any such NumberOneMusic Network logo, you acknowledge that NumberOneMusic has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of NumberOneMusic. If you use NumberOneMusic logos, you must include appropriate attribution, for example: “NumberOneMusic® is a registered trademark of Number One ent.” NumberOneMusic reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. NumberOneMusic reserves the right to take action against any use that does not conform to these provisions.

17. INDEMNITY AND RELEASE
By using the NumberOneMusic web site you agree to indemnify NumberOneMusic, the Number One ent. Companies, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the NumberOneMusic web site, your use of the Products and Services, or your submission of ideas and/or related materials to NumberOneMusic or from any person's use of any account or password you maintain with NumberOneMusic, regardless of whether such use is authorized by you. By using NumberOneMusic, using the Products and Services, or submitting any ideas and/or related materials to NumberOneMusic, you are hereby agreeing to release NumberOneMusic and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to NumberOneMusic.

18. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of NumberOneMusic or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

19. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to Number One ent., the Artists featured on NumberOneMusic, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Number One ent. or the owner of the mark, as appropriate, is strictly prohibited. NumberOneMusic and the Number One ent. Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave NumberOneMusic to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. NumberOneMusic and the Number One ent. Companies have no control over such sites and resources. You acknowledge and agree that NumberOneMusic and the Number One ent. Companies are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NumberOneMusic and the Number One ent. Companies 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the NumberOneMusic Products and Services, 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 advertiser. You agree that NumberOneMusic and the Number One ent. Companies 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 advertisers on the Product and Services.

20. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of NumberOneMusic to respond expeditiously to claims of intellectual property infringement. NumberOneMusic will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, NumberOneMusic will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. NumberOneMusic will terminate access for Listeners or Artists who are repeat infringers. Notices of claimed infringement should be directed to:

NumberOneMusic
Email: legal[at]NumberOneMusic[dot]com
Please put "Notice of Infringement" in the subject line of all such notifications. When NumberOneMusic removes or disables access to any material claimed to be infringing, NumberOneMusic may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although NumberOneMusic makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. NumberOneMusic will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before NumberOneMusic eplaces or restores access to any material as a result of any counter notification.

21. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
NumberOneMusic reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. NumberOneMusic reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

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