Terms of Service Privacy Policy NumberOneMusic.com - Artist Terms of Service 22. MERGER These Terms and Conditions constitute the entire
agreement between the parties with respect to the
subject matter contained herein and supersede any other
agreements, proposals and communications, written or
oral, between NumberOneMusic’s representations and you
with respect to the subject matter hereof; except that
any other terms and conditions located on any individual
NumberOneMusic web site or in connection with the
Products and Services are incorporated herein by
reference to the extent they do not conflict with these
Terms and Conditions. To the extent that any other terms
and conditions or terms of service conflict with these
Terms and Conditions, those other provisions shall
control with respect to the use of the particular web
site and any Products or Services available on or
through the web site or the respective Product or
Service at which those other provisions may be found.
23. NON-WAIVER AND SEPARABILITY NumberOneMusic’s failure to exercise any right or
provision of these Terms and Conditions shall not
constitute a waiver of such right or provision. If a
court of competent jurisdiction holds any provision of
these Terms and Conditions 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 agree that the other provisions of
these Terms and Conditions remain in full force and
effect.
24. RELATIONSHIP OF PARTIES You acknowledge and agree that you and NumberOneMusic
are independent contractors under these Terms and
Conditions, and nothing herein shall be construed to
create a partnership, joint venture, agency, or
employment relationship. Neither party pursuant to these
Terms and Conditions has authority to enter into
agreements of any kind on behalf of the other and
neither party shall be considered the agent of the other.
25. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to resell, assign, sublicense, otherwise
transfer, or delegate your rights or obligations under
these Terms and Conditions without prior express written
authorization of NumberOneMusic.
26. SUCCESSORS AND ASSIGNS Without in any way limiting the prohibition on your
resale, assignment, sublicensing, or other transfer of
rights or obligations, these Terms and Conditions shall
be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors, and
assigns.
27. TERMINATION; SURVIVAL These Terms and Conditions shall continue in effect for
as long as you use the Products and Services, unless
specifically terminated earlier by NumberOneMusic. All
provisions of these Terms and Conditions which impose
obligations continuing in their nature shall survive
termination of these Terms and Conditions.
28. COMMUNICATIONS WITH USERS You consent to receive communications from
NumberOneMusic concerning your use of the Products and
Services ("Communications"). The Communications may be
those that NumberOneMusic is required to send to you by
law concerning the Products and Services ("Required
Communications"). The Communications may also be those
that NumberOneMusic sends to you for other reasons. You
consent to receive Communications electronically.
NumberOneMusic may provide these Communications to you
by sending an email to the email address you provided in
connection with your account or by posting the
Communication on NumberOneMusic. You also consent to
receive Communications by telephone or by postal mail
sent to the postal address you provided in connection
with your account. You may change the email or postal
address to which NumberOneMusic sends Communications by
visiting your account information page.
In order to receive Required Communications, you must
provide NumberOneMusic, upon registration with
NumberOneMusic, a valid email address to which
NumberOneMusic may send electronic mail. Your computer
must also have a modem or other means of Internet
access, an Internet browser such as Internet Explorer
version 5.x or above or Netscape Navigator version 6.x
or above, email communications software capable of
receiving and storing electronic mail, and a printer, if
you wish, for printing electronic communications.
NumberOneMusic will provide notice of any changes to
these requirements.
29. SUBMISSIONS OF IDEAS NumberOneMusic is always improving its Products and
Services and developing new features. If you have ideas
regarding improvements or additions to NumberOneMusic,
we would like to hear them -- but any submission will be
subject to these Terms and Conditions. UNDER NO
CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR
RELATED MATERIALS TO NumberOneMusic BE SUBJECT TO ANY
OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF
COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED
MATERIAL TO Number One ent., YOU ARE WAIVING ANY AND ALL
RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED
MATERIALS AND ARE REPRESENTING AND WARRANTING TO
NumberOneMusic THAT THE IDEA AND/OR RELATED
MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE
HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT
NumberOneMusic IS FREE TO IMPLEMENT THE IDEA AND TO USE
THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS
MODIFIED BY NumberOneMusic, WITHOUT OBTAINING PERMISSION
OR LICENSE FROM ANY THIRD PARTY.
30. EXPORT CONTROLS Certain software, and related documentation or technical
information, available through NumberOneMusic is subject
to applicable laws and regulations of the United States
pertaining to export controls. By using such software or
related documentation or technical information, you
represent and warrant that you are not located in, or
under the control of, or a national or resident of any
embargoed country or any country on the U.S. Department
of Commerce's Table of Denial Orders. You agree not to
export or re-export such software or related
documentation or technical information directly or
indirectly to any countries that are subject to United
States export restrictions.
31. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any
other rights of NumberOneMusic and the Number One ent.
Companies, NumberOneMusic and the Number One ent.
Companies reserve the right to pursue any and all legal
and equitable remedies against you, including, without
limitation, terminating any and all user accounts on any
and all of the NumberOneMusic web sites.
If you are aware of any violations of these Terms and
Conditions, please report them to:
NumberOneMusic Abuse Manager Email: legal[at]NumberOneMusic[dot]com Please read the entire Terms and Conditions, as all
NumberOneMusic properties, Products and Services are
offered subject to these Terms and Conditions.
We hope your enjoyment of NumberOneMusic’s Products and
Services will be enhanced by the application of these
Terms and Conditions. It is our belief that your
understanding of the guidelines we have set forth will
allow the NumberOneMusic community to continue to be a
place where each of us can prosper, grow, and enjoy
ourselves within an open and non-threatening
environment. Thank you for taking the time to read these
Terms and Conditions and we hope you enjoy our Products
and Services.
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