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Welcome to the FindMySong, LLC Website. This is a worldwide online collaborating platform for music exchange files while participating in projects. The User is asked to keep a copy of Terms and Conditions and to read and understand them carefully as a previous step to your registration as a User. If the User is under 18 years old, they must have their parent or guardian read the agreement below and agrees to it for them. In case the User does not have them to read it and agree to this agreement, the User that is under 18 years old does not have permission to use this site. This website (the “Site", and/or “FMS”) is offered to you (the “User”) conditioned on the Users acceptance without modiﬁcation of the terms, conditions, and notices contained herein (the “Terms”). The User must agree to all such terms in order to use the Site and accepts that they can be modified, changed or deleted partially at any time without notice.
User warrants and assigns that the information included in the Profile dashboard is true and reliable and has the commitment to update it periodically according to User’s circumstances. Registration with FMS has no cost. Membership is determined according to the terms set forth in the Help Center. Please visit it and know conditions for Paid Membership. All payments regarding collaboration are done through PayPal and not FindMySong, LLC. Information regarding our payment policy and on how to set up PayPal is provided on our Help Center.
If User uses the Site, User is responsible for maintaining the confidentiality of their Account and Password and for restricting access to their own computer, console or mobile device. User agrees to accept responsibility for all activities that occur under the User's account or password. User may not assign or otherwise transfer Users account to any other person or entity. You acknowledge that FMS is not responsible for third party access to your account that results from theft or misappropriation of your account.
FMS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. You may cancel your subscription at any time. Our Help Center provides user with more information regarding this matter.
User will not take part in the modification, publication, transmission, reverse engineering, creation of derivative works, exploitation of content in whole or part, or participate in the transfer or sale of the Site. Nothing on the Site's content is for resale. The User's membership to the site does not entitle the User to alter, delete, or use without authorization any protected content or content with proprietary rights or attribution notices. Protected content is solely for the User's personal usage and cannot use said content with the permission of FMS and the copyright owner(s). The User agrees that they have no rights when it comes to acquiring any ownership in any protected content. The Site does not grant any express or implied licenses to the intellectual property of FMS or to the Site's licensors except as expressly authorized by said Terms.
User warrants and represents that he/she is a member of any Performance Right Society or a similar Association, that the music, lyrics and title of the musical composition or creative work were created by him/her alone and are wholly new and original; that the musical composition or creative work is neither a joint work, a collective work nor a derivative work except as set forth in the paragraph below; that all copyrights therein are valid and subsisting; and that neither the music nor the lyrics, nor the title of the musical composition or creative work, nor any part thereof, infringe upon or violate or interfere with the rights of any person, firm or corporation; User further warrants and represents that he has not sold, leased, assigned, licensed or in any other way disposed of or encumbered any rights in the Musical Composition, creative act or the music, and that he has the right to make this agreement.
In the event the user includes more than one person,(i) the work shall conclusively be deemed a joint work, each user hereby representing, warranting and agreeing with FMS that each prepared the work with the intention that their contributions be merged into inseparable and interdependent parts of the musical composition or creative work; (ii) all representations, warranties, grants and obligations made or undertaken; and (iii) the royalties payable hereunder shall be divided among such persons as indicated in the contract module. Each User has the right and should register his/her musical composition or creative work at the Copyright Office in his/her own territory according to international copyright laws and has the right of take control over his/her work directly or through representatives. FMS is not responsible for protection, control, collection of royalties or copyright infringement of musical compositions or creative works. FMS does not claim any rights on musical compositions or creative works included in the collaboration platform and it is not responsible for the outcome of such collaboration.
When the User uploads a musical composition or creative work in a Project, user grants FMS worldwide, and no compensation a non-exclusive perpetual license to use for public performance on FMS site. This license is granted only while the creative work remains in FMS site.
Users having any question or complaints on Copyrights derivate from use of our website or works uploaded or collaboration and its outcome, should refer to our Dispute Center in which the User will find directions regarding how to proceed.
FindMySong may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FMS and FMS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FMS of the site or any association with its operators.
Certain services made available via FMS are delivered by third party sites and organizations such a Copyright Office. By using any product, service or functionality originating from the FMS Domain, you hereby acknowledge and consent that FMS may share such information and data with any third with whom FMS has a contractual relationship to provide the requested product, service or functionality on behalf of FMS users.
Visiting The Site or sending email to FindMySong constitutes electronic Communications. Users agree to receive electronic communications from The Site and agree that agreements, notices, disclosures and other communications that are provided electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. The Site may contain various message or communication facilities with the purpose of enabling Users to communicate with the public at large or with a group. The User agrees to use the Messaging Module only to post, send and receive messages and material that is proper and related to any FMS Project.
By way of example, and not as a limitation, the User agrees that when using the Messaging Module and the Site as a whole, the User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or has legally received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation the operation of another's computer, console, or mobile device; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes and chain letters; download any file posted by another user of a Communication Service, that the User knows or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other User from using and enjoying the Communication Services; violate any of conduct or other guidelines which may be applicable for any particular Communication Service; collect information about others, including email addresses and telephone numbers without their consent; violate any applicable laws or regulations.
FMS has no obligation to monitor the Communication Services; however, reserves the right to review materials posted to any Communication Service and to remove any material at its sole discretion; reserves the right, at any time without notice or reason whatsoever to terminate the User's access.
FMS reserves the right to disclose any information at any time and as necessary to satisfy any applicable law, regulation, legal process or government request; or to edit, refuse to pose or remove any information or materials in whole or part, in the Site's sole discretion.
Every user must use caution when giving out any personally identifying information about self or children in any Communication Service. The content, messages, or information found in any Communication Service is not controlled or endorsed by the Site. The Site, therefore, disclaims any liability with regard to the Communication Services and any actions resulting from the User's participation in them.
The User is responsible for adhering to limitations on usage, reproduction, and/or dissemination of any Material or Information uploaded to a Communication Service.
FMS claims no ownership to materials provided by the user, including but not limited to feedback and suggestions; nevertheless through any post, upload, or input, provide, submission provided by the User to the Site you are granting the Site, affiliated companies and necessary sublicenses permission to use the Users material or information in connection with the operation of the Internet businesses and the services it therein provides. The use of the User's submission by the Site will not be compensated and the Site is under no obligation to use or post any of Submission.
The offices of FMS within the United States of America control, administer and operate the Site and its Services. If the Site and its Services are accessed from a location outside of the United States of America, the User is responsible for compliance with all local laws, in addition to the laws of the United States of America. No User will use the content, information, and/or material accessed through the Site in any country or any manner prohibited by any applicable laws, restrictions or regulations.
The officers, directors, employees, agents and third parties, are held harmless by the User for any losses, costs, liabilities and expenses (including but not limited to reasonable attorney's fees) with relation or as a result of the User's use or inability to use the Site or the Services provided, any User's postings, the User's violation to any terms in this agreement and/or the violation of any rights of a third party, and/or the User's violation to any applicable laws, rules, or regulations. The Site, FindMySong, reserves the right to, at its own cost, assume exclusive defense and control of any matter otherwise subject to indemnification by the User, in which the User will fully cooperate with the Site in asserting any available defenses.
INACCURACIES OR ERRORS (INCLUDING BUT NOT LIMITED TO TYPOGRAPHY) MAY OCCUR IN THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND SERVICES WITHIN OR AVAILABLE THROUGH THE SITE. THE SITE MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME AND CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE ARE MADE BY FINDMYSONGS. ALL INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND FINDMYSONGS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FindMySong reserves the right, in its sole discretion, to terminate the User's access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and the User hereby consents to the exclusive jurisdiction of venue of courts in Los Angeles in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this section.
The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and FMS as a result of this agreement or use of this site. FindMySong's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FindMySong's right to comply with governmental, court, and law enforcement requests or requirements relating to the User's use of the site or information provided to or gathered by the Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FMS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, be they electronic, oral, or written, between the user and FMS with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
FindMySong reserves the right, in its sole discretion, to change the Terms under which FMS is offered. The most current version of the Terms will supersede all previous versions. FMS encourages you to periodically review the Terms to stay informed of the Site's updates.