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LIQUIDAUDIO.ORG Terms Of Use.
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1. Your relationship with LiquidAudio
1.1 Your use of LiquidAudio’s products, software, services and web sites
(referred to collectively as the “Services” in this document and excluding any services
provided to you by LiquidAudio under a separate written agreement) is subject to the terms
of a legal agreement between you and LiquidAudio. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with LiquidAudio, your
agreement with LiquidAudio will always include, at a minimum, the terms and
conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with LiquidAudio will also include the terms of any Legal Notices
applicable to the Services, in addition to the Universal Terms. All of these are referred
to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will
be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding
agreement between you and LiquidAudio in relation to your use of the Services.
It is important that you take the time to read them carefully. Collectively, this legal
agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say
and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by LiquidAudio in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that LiquidAudio will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to
form a binding contract with LiquidAudio, or (b) you are a person barred from receiving the Services
under the laws of the United States or other countries including the country in which you are resident
or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where LiquidAudio has provided you with a translation of the English language version of the Terms,
then you agree that the translation is provided for your convenience only and that the English
language versions of the Terms will govern your relationship with LiquidAudio.
3.2 If there is any contradiction between what the English language version of the Terms says
and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by LiquidAudio
4.1 LiquidAudio is constantly innovating in order to provide the best possible experience for its users.
You acknowledge and agree that the form and nature of the Services which LiquidAudio provides may change from
time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that LiquidAudio may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you or to users generally at LiquidAudio’s sole discretion,
without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform
LiquidAudio when you stop using the Services.
4.3 You acknowledge and agree that if LiquidAudio disables access to your account, you may be prevented
from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself
(such as identification or contact details) as part of the registration process for the Service, or as
part of your continued use of the Services. You agree that any registration information you give to
LiquidAudio will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any
means other than through the interface that is provided by LiquidAudio, unless you have been
specifically allowed to do so in a separate agreement with LiquidAudio. You specifically agree
not to access (or attempt to access) any of the Services through any automated means (including
use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in
any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts
the Services (or the servers and networks which are connected to the Services).
5.5 You agree that you are solely responsible for (and that LiquidAudio has no
responsibility to you or to any third party for) any breach of your obligations under the
Terms and for the consequences (including any loss or damage which LiquidAudio may suffer) of any such breach.
5.6 By posting Content on LiquidAudio, you warrant and represent that you own the Content posted by you or otherwise have
the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party.
You agree to pay all royalties and fees owing to any person by reason of any Content you post on LiquidAudio. LiquidAudio is
not responsible for any royalties pertaining to the work of any artist that is uploaded, streamed, or viewed on LiquidAudio.org.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to LiquidAudio for all activities that occur under your account.
7. Privacy and your personal information
7.1 For information about LiquidAudio’s data protection practices, please read
LiquidAudio’s privacy policy at http://www.liquidaudio.com/privacy.php. This policy
explains how LiquidAudio treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with LiquidAudio’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music,
audio files or other sounds, photographs, videos or other images) which you may have access to as part of,
or through your use of, the Services are the sole responsibility of the person from which such content
originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited
to advertisements in the Services and sponsored Content within the Services may be protected by intellectual
property rights which are owned by the sponsors or advertisers who provide that Content to LiquidAudio (or
by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or
create derivative works based on this Content (either in whole or in part) unless you have been specifically
told that you may do so by LiquidAudio or by the owners of that Content, in a separate agreement.
8.3 LiquidAudio reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify,
refuse or remove any or all Content from any Service. For some of the Services, LiquidAudio may provide tools to
filter out explicit sexual content.
8.4 You understand that by using the Services you may be exposed to Content that you may find
offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that LiquidAudio has no responsibility to
you or to any third party for) any Content that you create, transmit or display while using the Services
and for the consequences of your actions (including any loss or damage which LiquidAudio may suffer) by doing so.
9. Other content
9.1 The Services may include hyperlinks to other web sites or content or resources. LiquidAudio may have no
control over any web sites or resources which are provided by companies or persons other than LiquidAudio.
9.2 You acknowledge and agree that LiquidAudio is not responsible for the availability of any such
external sites or resources, and does not endorse any advertising, products or other materials on or available
from such web sites or resources.
9.3 You acknowledge and agree that LiquidAudio is not liable for any loss or damage which may be
incurred by you as a result of the availability of those external sites or resources, or as a result of
any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
10. Changes to the Terms
10.1 You understand and agree that if you use the Services after the date on which the Universal
Terms or Additional Terms have changed, LiquidAudio will treat your use as acceptance of the updated
Universal Terms or Additional Terms.
11. General legal terms
11.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a
service or download a piece of software, or purchase goods, which are provided by another person or company.
Your use of these other services, software or goods may be subject to separate terms between you and the
company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
11.2 The Terms constitute the whole legal agreement between you and LiquidAudio and govern your use of the
Services (but excluding any services which LiquidAudio may provide to you under a separate written agreement),
and completely replace any prior agreements between you and LiquidAudio in relation to the Services.
11.3 You agree that LiquidAudio may provide you with notices, including those regarding changes to the
Terms, by email, regular mail, or postings on the Services.
11.4 You agree that if LiquidAudio does not exercise or enforce any legal right or remedy which is contained in
the Terms (or which LiquidAudio has the benefit of under any applicable law), this will not be taken to be a
formal waiver of LiquidAudio’s rights and that those rights or remedies will still be available to LiquidAudio.
11.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of
these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of
the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.6 You acknowledge and agree that each member of the group of companies of which LiquidAudio is the parent
shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly
enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them.
Other than this, no other person or company shall be third party beneficiaries to the Terms.
11.7 The Terms, and your relationship with LiquidAudio under the Terms, shall be governed by the laws of the
State of Michigan without regard to its conflict of laws provisions. You and LiquidAudio agree to submit
to the exclusive jurisdiction of the courts located within the county of Oakland, Michigan to
resolve any legal matter arising from the Terms. Notwithstanding this, you agree that LiquidAudio shall
still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief)
in any jurisdiction.
December 26, 2009
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