These Terms of Service (this “Agreement”) between MUSICPROMOTIONTODY, (“we”, “us” or “MUSICPROMOTIONTODAY”) and you govern your access and use of our digital services platform made available through www. MUSICPROMOTIONTODAY.com (this “Site”) and thus the subscription or other services we offer (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you simply have read, understood, and suits be bound by this Agreement.
This Site is controlled and operated by us from our offices within our home country. We make no representation that materials within the situation are appropriate or available to be utilized in other locations, and access to them from territories where its contents are illegal is prohibited. people that prefer to access this site from locations outside the us are liable for compliance with all applicable laws.
We may update this Agreement from time to time. By continuing to use this Site and thus the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to determine the “Terms of Service” link on the home page whenever you visit this Site, so you're aware of any updates.
3.1 Subject to your compliance with this Agreement, also as your order for an applicable service and our timely receipt of your associated payment(s), we'll make the applicable Services available to you during the term to which you've ordered. we'll use commercially reasonable efforts to form the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, even without noticing you.
3.2 You'll only access and use the Services in accordance with the terms of the Agreement. You agree to:
Everyone who uses any Services must have a separate username and password. you'd wish to supply a legitimate email address for each one that you simply authorize to use your account. You are agreeing to provide the other information that we reasonably request.
3.3 You're liable for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all charges related thereto.
3.4 We may terminate your account without prior notice or liability to you, if we discover, in our sole and exclusive discretion, that you:
3.5 “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you’re, and should be, the only and exclusive owner of all right, title, and interest in and to your graphic design project, the Licensed Content incorporated in your graphic design project is subject to the license described in Section 4 below. No rights are granted to you aside from as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions, or recommendations that you simply provide to us.
3.6 Subject to your continued compliance with this agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services for your internal business purposes. you'll not access or use the Services so on watch its availability, performance, or functionality for competitive purposes. you'll not, and cannot permit any third party to:
4.1 You'll use the Services for any number of projects and scope that you simply have that you have subscribed for, under the applicable plan and as are appropriate, supported the size of your account. While we accept unlimited requests and revisions, our output volume depends on many factors, namely relying on the whole request volume and complexity. we'll do our greatest to work with you to accommodate any priority items and your timelines, but we suggest you not to use our Services for time-sensitive projects.
4.2 We do our greatest to attenuate any mistakes. However, because of the character of creative design, we cannot guarantee all files delivered are getting to be 100% error-free. once we deliver a file to you, you acknowledge to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) days of receipt. we'll do our greatest to rush edits to correct any mistakes that you simply notify us about during this period. If you notify us of any errors after period of your time , we aren't required to but shall plan to work with you to make corrections.
4.3 The speed of your account is set by what percentage subscriptions you’ve. A subscription could also be a measurement of output and represents what we'll accomplish during a business day, with our team, our software, and our graphic design platform. What we'll create with one subscription depends on many factors, including, but not limited to:
4.4 you are the owner and/or controller of all your information, data, or materials that you provide us to use the Services (“Customer Content”). By submitting Customer Content to us, you're representing that you are the owner of such Customer Content and/or have the specified rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty free, non-exclusive license to access and use Customer Content to provide the Services.
4.5 You are, and may be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all property rights therein. We agree that about any deliverables which can qualify as “work made for hire”, such deliverables are deemed a “work made for hire” for you. To the extent that any deliverables don't constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the earth in and to the deliverables, including all property rights therein. Notwithstanding the foregoing, the terms of this Section 4.5 are subject to your compliance with this Agreement, your full payment of applicable amounts due and thus the terms of Sections 4.6 and 5 below.
4.6 within the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and may remain, the sole and exclusive owners of alright, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. We expressly reserve all other rights in and to such pre-existing materials.
4.7 Musicpromotiontoday doesn't support and may not tolerate its Service getting wont to discriminate against others, especially when supported race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. you are not permitted to use the Service during a fashion which could or would likely incite, promote, or support such discrimination and you would like to not use the Service to incite or promote hostility or violence. If we believe our sole determination that your use of the Service is getting want to discriminate, especially if supported race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, all sudden and liability for any reason.
5.1 Subject to compliance with this Agreement and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferrable, royalty-free, worldwide right and license to the Licensed Content for your personal or professional use, including but not limited to use in your own design project. Except as expressly permitted by us, you comply with not , directly or indirectly, stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available through the Premium Stock Service.
5.2 To the extent that we license the Licensed Content from any third party, including but not limited to Adobe Stock, you suit the relevant third-party license. Except with our written permission, you'll not: (i) sell, resell, rent, lease, sublicense, assign, grant a interest in, or otherwise transfer any a neighborhood of "> a neighborhood of your rights to use Licensed Content apart from a design deliverable prepared by us or as a part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you simply are the primary creator of any Licensed Content; (iv) use Licensed Content during a pornographic, defamatory, or other unlawful manner; (vi) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.(vii) use Licensed Content that features models or property in regard to a subject which may be unflattering or unduly controversial to a cheap person (for example, sexually transmitted diseases), must indicate: (1) that the content is getting used for illustrative purposes only, and (2) an individual depicted within the content could also be a model.
5.3 Our licensors which we retain ownership over Licensed Content licensed from them, whether downloaded through our Stock Services or incorporated into your graphic design deliverable. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to suits any provisions of this Agreement. within the event of any termination, you'll have no further right to make use of the Licensed Content, which may include the Licensed Content that we've included in your design deliverable.
5.4 Musicpromotiontoday doesn't support and may not tolerate its Service getting to discriminate against others, especially when supported race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. you are not permitted to use the Service during a fashion which could or would likely incite, promote, or support such discrimination and you would like to not use the Service to incite or promote hostility or violence. If we believe our sole determination that your use of the Service is getting to discriminate, especially if supported race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, all of sudden and liability for any reason.
6.1 Use of our Services requires payment of recurring fees. Before we've any obligation to provide Services, you would like to pay the fees (as well as applicable taxes) fully, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). Overdue charges will accrue interest monthly at the speed of 1.5% of the then-outstanding unpaid balance, or the utmost rate permitted by law, whichever is lower. We reserve the right to terminate your account within the event of non-payment of amounts owed to us. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided during this Section 6.
6.2 We reserve the right to vary our fees upon 5 days’ advance notice. By continuing to use the Services, you accept such changes. We aren't required to notify you of temporary promotions or reductions in fees.
6.3 We hope you're pleased with our Services. If, for whatever reason, you are not, you'll cancel your subscription with us at any time as your sole remedy. Upon cancellation, you'll still have access to the Services and your design files through the highest of your current paid billing term. Once the billing term has ended after cancelation, you'll not have access to the Services and will lose access to your design files through the situation.
6.4 You can request a refund from us if you want to cancel any of your orders or services you placed within our website which is not delivered to you according to its given description : (i) Within 30 days of completing the order. After this 30-day window, we'll not issue a refund. From time to time, we may refuse a refund request if, in our sole discretion, we discover evidence of fraud, refund abuse, or other manipulative behavior. Promotions, upgrades, and adjustments to existing plans & packages are non-refundable.
7.1 For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information concerning current or future business, products and services, research, images, development, design details and specifications, and marketing plans.
7.2 During the course of our relationship, you'll open up to us your tip. We suits hold in confidence and not open up to any third party any of your tip, except as approved or directed in writing by you, and may use your tip for no purpose apart from for the Services. we'll limit access to your tip to only those employees, officers, directors, contractors, representative and agents who are involved in providing Services to you. we'll be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representative and agents.
7.3 Notwithstanding anything to the contrary during this Agreement, the next isn't Confidential Information: (a) information that was within the ownership at the time of its disclosure or has entered the overall property right without breach of this Agreement; (b) information that was already within the rightful possession of a celebration at the time of disclosure; (c) information that's independently developed by a celebration without breaching this Agreement; or (d) information that becomes known to a celebration , without restriction, from a third party source indirectly or indirectly involving a breach of this Agreement.
7.4 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
8.1 You hereby grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop regarding the Services for the aim of selling and advertising (the “Portfolio Rights License”). you'll revoke the Portfolio Rights License at any time by sending written notice to [email protected] If you revoke the Portfolio Rights License, we'll stop using your deliverables for marketing and advertising purposes, however your deliverables should exist elsewhere online like where the deliverables are employed by others in accordance with the Portfolio Rights License.
9.1 This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service. All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
9.2 We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement concerning such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.
10.1 We represent and warrant that you simply will receive good and valid title license to all or any deliverables, free and beyond all encumbrances and liens of any kind, apart from Licensed Content and other pre-existing materials, which can be subject to additional terms and restrictions. EXCEPT AS SPECIFICALLY SET FORTH during this SECTION 9.1, the location and therefore the SERVICES ARE PROVIDED “AS IS, AS AVAILABLE”. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF property , AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.
11.1 we'll NOT BE liable for ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR exemplary damages ARISING OUT OF the utilization OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, no matter THE explanation for ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH doesn't AFFECT ANY LIABILITY that can't BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12.1 YOU comply with DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES OR ANY DELIVERABLES. YOU SHALL COOPERATE as needed BY US within the DEFENSE OF ANY CLAIM. WE RESERVE the proper TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND you'll NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
13.1 If this Site is out there through any third-party platform, or if we offer links from this Site to any third-party platform, then we don't accept responsibility for any content or practices of such third parties.
14.1 We take claims of infringement of copyright seriously. we'll answer notices of alleged infringement of copyright that suits applicable law. If you think any materials accessible on or from this Site infringe your copyright, you'll request removal of these materials from this Site by submitting written notification to our agent designated below.
14.2 In accordance with the web infringement of copyright Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) Identification of the copyrighted work you think to possess been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (iii) Identification of the fabric you think to be infringing during a sufficiently precise manner to permit us to locate that material; (iv) Adequate information by which we will contact you (including your name, postal address, phone number , and, if available, email address); (v) a press release that you simply have an honest faith belief that use of the copyrighted material isn't authorized by the copyright owner, its agent, or the law; (vi) a press release that the knowledge within the written notice is accurate; (vii) a press release , under penalty of perjury, that you simply are authorized to act on behalf of the copyright owner.
14.3 Our designated support team to receive DMCA Notices is:
15.1 This Agreement is governed by, and construed in accordance with, the laws of the State of Arizona, without reference to any choice of law, conflicts of law or other principles that might end in the appliance of the laws or regulations of the other jurisdiction.
15.2 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, are going to be strictly confidential for the advantage of all parties.
15.3 THE PARTIES AGREE that every folk MAY BRING CLAIMS AGAINST the opposite ONLY ON a private BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
16.1 This Agreement and therefore the rights and obligations herein are personal to you, and you'll not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in reference to a merger, acquisition, bankruptcy, reorganization, or sale of some or all our assets or stock.
17.1 If anybody or more of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement are going to be unimpaired and can remain fully force and effect, and therefore the invalid, illegal or unenforceable provision(s) are going to be replaced by a legitimate , legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
18.1 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any longer rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in anybody instance, won't waive such term or condition or any subsequent breach.
19.1 If we are unable to perform any obligation under this Agreement due to any matter beyond our reasonable control, including but not limited to pandemic or wide opened up break of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of state , loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we'll haven't any liability to you for such failure to perform; provided, however, that we'll resume performance promptly upon removal of the circumstances constituting the act of God Event.
20.1 If you've got executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. altogether other cases, this Agreement constitute the whole agreement between the parties concerning its material and supersedes all prior communications and proposals.