Scope and Applicability
BY CONTINUING TO USE THE SERVICES AND SITES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, GMO IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND SITES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
GMO may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
You may also be subject to additional terms and conditions that may apply when you use Services provided by entities other than GMO on the Web site from which you accessed this Agreement, or when you access any Services provided by GMO from a Web site other than the one from which you accessed this Agreement.
Use of the Services
These Services are intended for your personal, non-commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by GMO or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.
You agree not to reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create new works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the express written consent of GMO, nor to use the content or information made available through the Services for any unlawful purpose. You agree to access the Services manually by request and not programmatically by macro or other automated means.
You acknowledge that the Services and any associated websites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that GMO shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any GMO Service.
GMO may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. GMO may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranties
Information and content provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. GMO and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against GMO or any Information Provider. GMO believes the Services (including the information and content therein) to be reliable, but accuracy is not warranted or guaranteed. GMO may point to other Web sites that may be of interest to you but for which GMO has no responsibility. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither GMO nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
Any job leads, job opportunities, news, event announcements, or related postings or information provided by GMO through its Film Music Network or any other GMO division is published as news only, and no endorsement of any kind is made as to the veracity or accuracy of the information contained in these postings and/or information.
You understand and agree that your use of the Services is at your sole risk. THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS. GMO AND THE INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Materials Provided by You (Submissions)
In certain circumstances you may choose to submit music or other creative material (collectively, "Materials") to GMO for the purposes of GMO providing to you, at your request, music review, performance review, exposure to parties seeking to hire, license or procure music for film, television, video game and other music related projects, or other services. With regards to all music and any other creative Material you submit to GMO through any of our websites or otherwise, you expressly authorize GMO to transmit, stream, download, transfer, broadcast, publicly display and publicly perform in any manner, form or media whether now known or hereafter devised, any of the Materials you submit to GMO for demonstration purposes only, SOLELY IN CONNECTION WITH THE SITE(S) YOU SUBMIT THE MATERIALS TO. Without limitation to other licenses you may be inferred to have granted in order to accomplish the foregoing, you expressly grant to GMO the following licenses with respect to any and all Materials you submit.
Public performance license for compositions. Whether or not you are a member of a performing rights society, you hereby grant GMO a nonexclusive, direct license to publicly perform all musical compositions included in your Materials, worldwide, for demonstration purposes. If you belong to a performing rights society you understand that it is your sole responsibility to notify your performing rights society of the direct license you have granted herein.
Public performance license for sound recordings. You hereby grant GMO a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings included in your Materials, worldwide, for demonstration purposes.
Reproduction licenses for compositions and sound recordings. You hereby grant GMO nonexclusive reproduction licenses for all compositions and sound recordings included in your Materials limited to reproducing by download the Materials for demonstration purposes.
By accepting this Agreement and/or submitting Materials to GMO, you
expressly warrant and represent the following to GMO and acknowledge
that GMO is relying upon such warranties and representations:
(c) That you agree that GMO, our customers, our employees, music reviewer associated with our site(s), and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, including but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds for usage of your Materials in the fulfillment of the services you have requested from GMO. In the case of submissions to Film Music Network or other job opportunities we publish, these services are limited to the review and consideration of your music for the job(s) or opportunities you have submitted your Materials for. In the case of DemoCheck.com music reviews, these services are limited to providing you with a review of your music and/or music performance from a music reviewer.
(d) That at all times, you retain ownership of your Materials. At no
time is ownership in your Materials in any way transferred, temporarily
or permanently, to GMO. No license for usage is granted to GMO or our
clients, music reviewers in the Mateirals you submit beyond that which
is necessary and specified herein only for the consideration and review
of your Materials. No license to use your Materials in any album, film,
television, or other type of commercial or noncommercial audio or audiovisual
release is granted as a result of your submission of Materials to GMO.
Membership in GMO Networks, Organizations and Associations, and Downloadable Publication Subscriptions
By joining or accessing any of our paid membership sites,("Site"), you agree to be legally bound and to abide by the following terms and conditions in addition to the other terms and conditions stated in this document:
(a) Scope of membership or subscription agreement: Under this Agreement ("Agreement"), GMO furnishes online information and services (the "Service") to registered/active members or authorized users ("you", "your" or "member") in one monthly, 6-month, or annual intervals after the initial term in the case of memberships, and one (1) year intervals in the case of annual online publication premium listings. By accepting the Terms and Conditions when registering or if you use the Service or Site in any way, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. This entire agreement between you and us, supersedes prior agreements regarding its subject matter. Whenever new services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, products, information or other services. We may change this Agreement at any time as we desire, without notification. By continuing to use the Service, you agree to be bound any new version of the Agreement.
(b) All Sales are Final. We have a NO REFUND POLICY. Once you submit your order for Membership or Subscription, it is non-refundable. Unfortunately, we have had to adopt this policy because of a few dishonest individuals. All memberships are automatically renewed at the end of their term. By joining any of our membership sites, you agree and understand that this is an Automatic Renewing Membership and cancellation must be made no later than 14 days in advance of the renewal date. To cancel your auto-renewing account, i.e. set your account for non-renewal, go to our Member Services online page and follow the instructions. You will receive a confirmation email but we suggest you print out the verification page when completed as well. All annual premium listings are automatically renewed at the end of their one year term. By purchasing any of our annual premium listings, you agree and understand that this is an Automatic Renewing One (1) Year Subscription and cancellation must be made no later than 14 days in advance of the renewal date. To cancel your auto-renewing publication subscription, i.e. set your account for non-renewal, go to our Member Services online page and follow the instructions. You will receive a confirmation email but we suggest you print out the verification page when completed as well.
(c) DISPUTE/CONTESTING OF CHARGE(S) Policy: You agree to not to dispute or contest any valid charge(s). You agree to the all terms for billing and policies detailed in these Terms & Conditions. If you question the validity of a charge or charges, you agree to first contact us, primarily by emailing us at firstname.lastname@example.org with your complaint or question. This will allow for resolution in accordance to the Terms and Conditions set forth in this agreement. If the dispute/contest is not resolved and you, the user/member, dispute our charge or charge(s) to your bank or credit card company then: 1) Your membership will be terminated immediately without any refund; AND, 2) If the charge(s) is/are found to be valid, then you authorize GMO to charge the member's credit card for any amount outstanding PLUS a $75.00 per dispute administrative fee. Any further disputes after this will incur the same process, and eventually will be handled by our attorneys (to which their fees will be added to the outstanding amounts). By joining any of our membership sites, you agree and authorize these potential remedy fees.
(d) Scope of Service: Our membership sites and online publications provide informational and educational data for users. You assume complete liability for any use of the information contained within this site. All information provided by GMO is obtained from sources believed to be accurate and reliable. Due to the number of sources from which information on our sites is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE.
(e) Membership/Subscriber Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your Membership or Subscription and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select.
(f) Copyright and Limitations on Use: Information, including job listings, published on our Sites is property of GMO and may only be displayed, formatted and printed for your use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information received through GMO sies to anyone without our prior written consent. You may not post any content from GMO sites to news groups, mail lists or electronic bulletin boards, without our prior written consent. Copying and/or electronic transmission of any content of the Service is a violation of copyright law. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
(g) You also agree that you will not give out log-ins and/or passwords to other users. We reserve the right to cancel any Membership or Subscription, without refund, if we discover that a Membership or Subscription account is being used by more than one person, or if a log-in/password is given to another person.
User Comments and Feedback including Message Board Posts
All comments, feedback, suggestions and ideas disclosed, submitted or offered to GMO in any way or in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of GMO and may be used in any medium and for any purpose worldwide without obtaining your specific consent. Your name may be used with any Comments you submit. Although this is rare and consent is usually asked for and obtained. The Service is not under any obligation to maintain your Comments (and the use of your name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. In our sole discretion, any Comments we consider offensive, improper or inappropriate, may be modified or deleted, and can, at our discretion, result in immediate termination of your membership without refund.
Right to Refuse to Accept Listings, Advertisements, or any other Submission
GMO reserves the right to refuse to accept any directory listing, job posting, music submission, posting, advertising, promotion, or any other materials at its sole discretion. If a submission of any kind is refused by GMO, GMO will refany all submissions feees paid to GMO within 5 business days of notice to submitter of declined acceptance. GMO is not responsible for any damages of any kind resulting from declined submissions of any kind.
Copyrighting Your Submissions
All persons and companies submitting music, writing, or any other kind of copyrightable material are urged to copyright the material prior to submission. GMO is not respinsble for any copyright damages, abuse or copying of submitted materials, or any other losses or damages resulting from submission of materials to our reviewers or staff. For more information on copyrighting your music, visit http://www.copyright.gov/register/
Failure to Access GMO Services or Websites
You agree that we are not responsible for your inability to logon or access in any way GMO services or websites for any reason, including poor Internet connections, incorrect typing of log-ins or passwords, browser incompatibility, or hardware or software inaccessibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.
You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.
Disclaimer of Warranties
(a) You acknowledge that the Site and Services may from time to time
encounter technical or other problems and may not necessarily continue
uninterrupted or without technical or other errors and that GMO shall
not be responsible to you or others for any such interruptions, errors
or problems or for discontinuance of any GMO Service.
(a) NEITHER GMO NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS
OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS,
AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION,
“GMO”), ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST
PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR
OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF
OR RELIANCE ON THE SITE OR ANY GMO SERVICE OR ANY LINKED SITE, EVEN IF
GMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT
SHALL GMO ’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED
THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES AND SERVICES.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY GMO SERVICE, FROM
INABILITY TO USE THE SITE OR ANY GMO SERVICE, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SITE OR ANY GMO SERVICE (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH
ANY LINKS PROVIDED ON THE SITE OR ANY GMO SERVICE. THIS LIMITATION SHALL
ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL
FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE
SITE OR ANY GMO SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY GMO SERVICE.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
This Agreement constitutes the entire agreement between you and GMO regarding your use of the Services on the Web site from which you accessed this Agreement. This Agreement supersedes all previous and contemporaneous oral and written agreements between you and GMO regarding your use of the Services on the Web site from which you accessed this Agreement.
You agree that this Agreement and any claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
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