When you ("You" or "User") become a Member of this Internet web site and its related services ("Site"), You agree to the following terms and conditions (the "Membership Agreement"). Lemonrain.com, Inc. ("Lemonrain.com" or "we") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.
BY BECOMING A MEMBER OF THE Lemonrain.com SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS MEMBERSHIP AGREEMENT AND ALL REVISIONS THEREOF.
Lemonrain.com may modify this Site and the services available at it without notice, and may discontinue the Site and its services at any time.
Guard Your Password
You must safeguard the user name and password You use to access this Site. You authorize us to assume that any person using the Site with Your user name and password either is You or is authorized to act for You.
We will protect your Privacy
This membership agreement incorporates the terms of the Listen.com Privacy Policy.
User Obligations
You agree not to do any of the following while using the Site:
intentionally or unintentionally violate any applicable law or regulation
post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship
post or transmit any Content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy rights.
post or transmit any Content that is unlawful, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable
access, tamper with or use non-public areas of the Site, Lemonrain.com's computer systems, or the technical delivery systems of our music providers. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution
tamper with postings of other users accounts or other users
gather and use information, such as other users' email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
impersonate or misrepresent Your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder.
Rights You Grant to Lemonrain.com
When You post information, comments, text, links, or other materials ("Content") to the Site, You are granting, or warranting that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive rights to Lemonrain.com reasonably necessary for Lemonrain.com's legitimate business purposes related to (i) transmission, routing, or transient storage of communications, or (ii) management or operation of the Site and/or related sites and services.
User Comments Are Public
All user comments posted to Lemonrain.com are public and not private communications. Although reserves the right to remove without notice member comment for any reason, we have no obligation to remove or disable content that you may find objectionable or offensive.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Lemonrain.com. Lemonrain.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Lemonrain.com employees acting in their official capacities. You understand and acknowledge that Lemonrain.com does not monitor user-contributed content for accuracy or reliability.
Lemonrain.com may, at its sole discretion, remove any third party content from the Site at any time.
Links
The Site may contain, or users may include in postings, links to other web sites or resources. You acknowledge and agree that Lemonrain.com is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.
Protection of Content Provided by Listen.com and Its Licensors
The Site contains trademarks and other material furnished by Lemonrain.com, its licensors, and other users. You should assume that everything You see or read on or through the Site which was not furnished by or received for You (such as sound clips, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Lemonrain.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose.
If You violate any of these terms, Your permission to use the Site Content will automatically terminate, You must immediately destroy any copies You have made of the Site Content, and we may end Your authorization to use the Site.
For more information on how to notify Lemonrain.com of possible copyright infringement, see our Copyright Policy
Notices
Lemonrain.com will give You any necessary notices by posting them on the Site. You authorize Lemonrain.com to send notices via electronic mail as well if Lemonrain.com decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.
Cancellation
You may cancel your membership at any time by completing the following form. We may cancel Your membership at any time but do not intend to do so unless You do not visit the Site for an extended period of time, or we reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Membership Agreement, or violated our rights or those of another party. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," and "General Provisions" will survive cancellation of Your registration.
You use the Site at Your risk
We endeavor to provide a convenient and functional Site, but we do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
The Site is Available "AS-IS"
Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Listen.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR ITS SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Listen.com OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless Lemonrain.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content or Your violation of this Membership Agreement.
Limitation of Liability
NEITHER Lemonrain.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
General Provisions
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Membership Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Membership Agreement is personal to You and You may not transfer, assign or delegate this Membership Agreement to anyone without the express written permission of Lemonrain.com. Any attempt by You to assign, transfer or delegate this Membership Agreement without the express written permission of Lemonrain.com shall be null and void. The paragraph headings in this Membership Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Membership Agreement comprises the entire agreement between You and Lemonrain.com with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein.
This Membership Agreement will be governed by the law of California, U.S.A., without regard to its conflicts of law provisions.
|