MICSWAGTM is a new music platform that allows you to record and listen to songs like never before (the “Service”).
MICSWAG, LLC operates www.micswag.com (the “Site”). In this policy, “MICSWAG” refers to MICSWAG, LLC and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers. We may also refer to MICSWAGTM as “We” or “Us.”
ACCEPTANCE OF TERMS
MICSWAGTM currently does not knowingly accept registrations from, or knowingly collect information from, children under thirteen years old. If you are under age thirteen, please do not attempt to register for MICSWAGTM or provide any personal information about yourself to us. Our Service and Site are available to individuals age 18 and over.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of eighteen.
ACCESSING THE SERVICE OR SITE
You understand that all postings, messages, text, files, images, photos, video, sounds, or other content (“User Content”) posted on, transmitted through, or linked from the Service and Site, are the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely responsible for each individual item of contact that you post, email or otherwise make available via the Service or Site. You are solely responsible for any User Content contributed by you. User Content will not be treated as confidential. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion.
You understand that User Content does not represent the views of MICSWAGTM or any individual associated with MICSWAGTM and that MICSWAGTM does not control, and is not responsible for User Content made available through the Service or Site, and that by using the Service or Site, you may be exposed to User Content that is harmful, offensive, indecent, inaccurate, misleading, or otherwise objectionable. MICSWAGTM does not vouch for the accuracy or credibility of any User Content on the Service and Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Service and Site. MICSWAGTM does not and cannot review all User Content or other communications and materials posted to or created by users accessing the Service or Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the Service and Site, MICSWAGTM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service and Site. However, MICSWAGTM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, in violation of a copyright, trademark or; other intellectual property right of another; (c) harmful; or (d) offensive or otherwise unacceptable to MICSWAGTM in its sole discretion.
USER RESPONSIBILITY FOR ACCOUNT NAME AND PASSWORD
You agree that the confidentiality of your account name and password are your responsibility, and you agree to accept responsibility for all activities that occur under your account name and password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or Site (“Submissions”), provided by you to MICSWAGTM are non-confidential and shall become the sole property of MICSWAGTM. MICSWAGTM shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
VIOLATION OF TERMS
MICSWAGTM reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content provided by you, or to deny, restrict, suspend or terminate your access to all or any part of the Service or Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. MICSWAGTM expressly reserves the right to remove your profile or account and/or deny, restrict, suspend, or terminate your access to all or any part of the Service or Site if MICSWAGTM determines, in its sole discretion that you have violated this agreement or that such action would be in the best interest of MICSWAGTM.
THIRD PARTY CONTENT, SITES, AND SERVICES
Your interactions with organizations and/or individuals found on or through the Service or Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MICSWAGTM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site or Service, or between users and any third party, you understand and agree that MICSWAGTM is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MICSWAGTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
PRIVACY AND INFORMATION USAGE
While using the Service and Site you agree not to post, email, or otherwise make available User Content:
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- That may constitute a crime or tort;
- That may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- That may create a risk of any other loss or damage to any person or property;
- That may require any person to enter into private property without permission;
- That may create a risk of injury, death, property damage, and/or liability of any kind;
- That is pornographic or depicts a human being engaged in actual sexual conduct, including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That promotes bullying or harassment of others;
- That consists of cruelty to or abuse of animals;
- That impersonates any person or entity, including, but not limited to, a MICSWAGTM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to User Content that constitutes lawful non-deceptive parody of public figures.);
- That includes personal or identifying information about another person without that person's explicit consent;
- That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- That constitutes or contains any form of advertising or solicitation if: posted in areas of the MICSWAGTM sites which are not designated for such purposes; or emailed to MICSWAGTM users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
- That includes links to commercial services or web sites, except as allowed in “services”;
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the Service or Site, or that otherwise negatively affects other users' ability to use the Service or Site;
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the Service or Site;
- That otherwise violates any applicable federal, state, local or international laws.
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "Stalk" or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the Service unless expressly permitted by MICSWAGTM;
- Post non-local or otherwise irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Attempt to gain unauthorized access to MICSWAG’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; or
- Use any form of automated device or computer program that enables the submission of postings on the Site or Service without each posting being manually entered by the author thereof (an “Automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
MICSWAGTM DOES NOT ENCOURAGE AND DOES NOT SEEK USER CONTENT THAT RESULTS FROM ANY ACTIVITY DESCRIBED ABOVE. MICSWAGTM reserves the right to reject any User Content in which MICSWAGTM believes, in its sole discretion that any such activities have occurred. MICSWAGTM further reserves the right to remove any such User Content and permanently ban the user from the Service and/or Service at any time and without notice. If you wish to report User Content that violates the aforementioned conduct policies, you may do so by sending MICSWAGTM an email at firstname.lastname@example.org. MICSWAGTM makes no warranty, express or implied, that it will take any particular action, or any action whatsoever, in response to such reports.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to MICSWAGTM email addresses or through MICSWAGTM computer systems are expressly prohibited by these Terms. Any unauthorized use of MICSWAGTM computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), and such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE AND SITE
You acknowledge that MICSWAGTM may establish limits concerning use of the Service and Site, including the maximum number of days that User Content will be retained by the Service or Site, the maximum number and size of postings, email messages, or other User Content that may be transmitted or stored by the Service or Site, and the frequency with which you may access the Service or Site. You agree that MICSWAGTM has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted by the Service or Site. You acknowledge that MICSWAGTM reserves the right at any time to modify or discontinue the Service or Site (or any part thereof) with or without notice, and that MICSWAGTM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Site.
ACCESS TO THE SERVICE AND SITE
MICSWAGTM grants you a limited, revocable, nonexclusive license to access the Service and Site for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service or Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MICSWAGTM. A limited exception is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service or Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Use of the Service or Site beyond the scope of authorized access granted to you by MICSWAGTM immediately terminates your license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service, Site, or any User Content made available via the Service or Site for other purposes (including commercial purposes) not stated herein, you must first obtain a license from MICSWAGTM.
DISCLAIMER OF WARRANTIES
In the event that you have a dispute with one or more users or a third party arising from use of the Service or Site, you hereby release MICSWAGTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service or Site.
Furthermore, MICSWAGTM is not responsible or liable in any manner for any products, User Content or third party content offered through, linked to or posted on the Service or Site. MICSWAGTM does not control and is not responsible for what users contribute to the Service or Site and is not responsible for any User Content you may encounter on or in connection with your use of the Service and Site that may result in injury, death, property damage, and/or liability of any kind, or that is offensive, inappropriate, obscene, unlawful or otherwise objectionable. MICSWAGTM is not responsible for the conduct, whether online or offline, of any user of the Service or Site. Under no circumstances will MICSWAGTM be responsible or liable for any loss or damage, including any loss or damage to any User Content, property damage, or personal injury or death, resulting from anyone’s use of the Service or Site, any User Content or third party content linked to or posted on or through the Service or Site, or any interactions between users of the Service or Site, whether online or offline.
The Service or Site may be temporarily unavailable from time to time for maintenance or other reasons. MICSWAGTM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content.
MICSWAGTM reserves the right to change any and all content contained in the Service or Site or offered through the Service or Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by MICSWAGTM.
You Understand and Agree that:
- Your use of the Service and Site is at your own risk.
- The Service and Site, and all content, User Content, third-party content, products and services included in the Service and Site are provided “as is” with no warranties whatsoever.
- MICSWAGTM disclaims all warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property.
- MICSWAGTM makes no warranty or representation regarding (i) any content, User Content, third party content, product or service offered or sold through the Service or Site (ii) the results that may be obtained from the use of the Service or Site, (iii) the accuracy, quality, content, completeness, legality, operability, availability or reliability of any information or products obtained through the Service or Site, or (iv) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or material. MICSWAGTM does not represent or warrant that the Service or Site will meet any of your requirements or that it will be uninterrupted, timely, secure or error free.
- Use of our Service and Site is at your sole risk. The use or purchase of any products, material and/or data downloaded or otherwise obtained through the use of the Service or Site is at your own discretion and risk and you will be solely responsible for any damage that results from the purchase of such products or the download of such material and/or data.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, you hereby release, and waive all claims and demands against MICSWAGTM and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service or Site.
UNDER NO CIRCUMSTANCES SHALL MICSWAG, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, JOINT VENTURES, ANY OTHER CORPORATE ENTITIES UNDER COMMON OWNERSHIP, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, OR EMPLOYERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING (i) FROM ANY ASPECT OF YOUR USE OR RESULTS OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE; OR (ii) FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE OR THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT MICSWAGTM SHALL NOT BE LIABLE FOR YOUR ISSUANCE OF OR PERFORMANCE IN THE ISSUANCE OF USER CONTENT INTENDED FOR THE SERVICE OR SITE. THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIREY WITH YOU EVEN IF MICSWAGTM HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
NO PRE-SCREENING OR REGULAR SCREENING OF USER CONTENT
You agree to indemnify and hold MICSWAGTM, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers harmless from any claim or demand, including reasonable attorney fees and court costs, related to or in connection with (i) the use of the Service or Site or the Internet or your placement or transmission of any content or information on this Service or Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Content that you provide to MICSWAGTM, or (vi) any other party’s access and use of the Service or Site with your username, password or other appropriate security code.
You acknowledge that the rights granted and obligations made under these Terms of Service to MICSWAGTM are of a unique and irreplaceable nature, the loss of which shall irreparably harm MICSWAGTM and which cannot be replaced by monetary damages alone. Accordingly, MICSWAGTM shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service, Site, or any content or other material used or displayed through the Service or Site and agree to limit your claims to claims for monetary damages.
TERMINATION OF SERVICE OR SITE
The Service and Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service and Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site, Service, or the collective work, and/or copying or reproducing the Site, Service, or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MICSWAGTM. You further agree not to reproduce, duplicate or copy any content from the Service or Site without the express written consent of MICSWAGTM, and agree to abide by any and all copyright notices displayed on the Service and Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service and Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service and Site.
Although MICSWAGTM does not claim ownership of content that its users post, by posting User Content to the Service or Site, you automatically grant, and you represent and warrant that you have the right to grant, to MICSWAGTM an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, and distribute said User Content and to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and derivative works, and distribute your User Content for any purpose, commercial, advertising, or otherwise, in any media or distribution method (now known or later developed). You represent and warrant that MICSWAGTM is free to use the User Content, and implement any suggestions contained therein, if it so desires, as provided or as modified by MICSWAGTM, without obtaining permission or license from any third party and without any compensation to you. Furthermore, by posting User Content to the Service or Site, you automatically grant MICSWAGTM all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Service or Site by any party for any purpose.
If any provision of the Terms of Service is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by MICSWAGTM shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of MICSWAGTM.
MICSWAGTM shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MICSWAGTM, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MICSWAG’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.