Member Agreement and limited license
This Agreement governs the terms by which You can have access to this site and to download electronic records of musical performances by singers, composers and other artists who have authorized Choosik.Com to license such performances to You. This Agreement forms a binding contract between You and Us; therefore You should read it carefully. You must accept these terms (by clicking the check box on Your registration form) in order to download performance recordings from this site.
NOTE
THAT YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THIS SITE
AND
MUST HAVE A VALID CREDIT CARD
IN ORDER TO DOWNLOAD PEFORMANCES.
I. Definitions
First, here are some definitions of terms We use in this agreement.
“We,” “Us” or “Our” means CHOOSIK.COM and the company which operates it, Daffy Investments, LLC.
“You” or Your means You – the person entering into this Agreement with Us and obtaining the right to download Performances to be played on Your own computer, MP3 player or I-POD™ or to save to CD-ROM. You may also be referred to in this agreement as “User” or “Member”.
“Performance” means a recorded presentation of musical entertainment by You, whether a vocal rendition or a musical rendition, which You are agreeing to authorize Us to license to third parties.
“Artist” means the person who has authorized Us to display and distribute the Performances of music found on CHOOSIK.COM. The term “Artist” includes an individual if the performance is by that single individual and, unless the context requires otherwise, also includes all members of a performance group if the performance is given by multiple artists.
“Performer(s)” means the person or persons singing, playing instruments or otherwise participating in creation of the Performance.
“Copyright” means the exclusive rights of ownership as set forth in the United States laws pertaining to copyrights found in Title 17 of the United States Code.
“License” means a legal right which We grant to You with respect to the use and enjoyment of music downloaded from the web site. The rights which are included in that License are described in more detail later in this Agreement.
“Site” means www.choosik.com as well as all component pages and parts of the website which We operate.
II. What We Need to Know Before You Join
READ THIS SECTION CARFULLY. IT IS IMPORTANT TO BOTH YOU AND US.
By entering into this Agreement with Us and becoming a member of CHOOSIK.COM, You represent and warrant to us:
That You have the full right and power to enter into and perform this Agreement;
That You are at least thirteen years of age;
That the information which You submit to Us is truthful, accurate and complete and that You have not used a false name or address;
If You are a minor, that You have the consent of a parent or legal guardian to access this Site and to download Performances.
If You cannot make these representations and warranties to Us, You may not become a Member or download Performances from the Site. If We find out that any of the representations or warranties set forth above are not correct or have not been performed, We have the right to terminate Your membership immediately. In addition, You may be liable to Us for damages in accordance with this Agreement if We have been harmed by Your conduct.
III. What You May and May Not Do as a Member
When You complete Your enrollment form and accept these terms and conditions, You will become a Member of CHOOSIK.COM. As a Member, You will be entitled to review Performances posted on Our site and, upon payment of the applicable fees, if any, be able to download selected Performances to Your own computer for Your later listening pleasure. You may make multiple copies of the Performance (for example, copies on a CD or stored on Your I POD™ or on Your computer) but only for Your own personal use and listening convenience.
When You download a Performance, on behalf of the Artist, We are granting You a limited, non-transferable license to enjoy that Performance for so long as You’d like. The license is given for Your personal enjoyment, only. You may not:
play the recorded Performance in any public venue;
sell or distribute copies of the Performance to other persons;
create excerpts or samples of the Performance to be merged into other recordings; or
use the Performance in any way for the purpose of making a profit or monetary gain.
Please respect the rights of the Artist by not violating these restrictions.
You may terminate Your membership at any time by going to Your profile page on the website [link]. Once You terminate Your membership, You will no longer be able to download Performances from CHOOSIK.COM. To restore Your membership privileges, it will be necessary to re-register.
IV. Other Important Legal Provisions
(This is the stuff the lawyers made Us put in the Agreement. Like every other section in this Agreement, the paragraphs below are important and should be read carefully by You.)
You agree to indemnify, defend, and hold CHOOSIK.COM and each of Our officers, directors, owners, employees, and agents harmless from and against any and all liability, losses, costs, and expenses (including attorney’s fees) incurred by CHOOSIK.COM in connection with any claim arising out of any use or alleged use of Your account or password by any person, whether or not authorized by You, and any other claim, demand or lawsuit which may be asserted against Us arising directly or indirectly from Your conduct. CHOOSIK.COM reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case You agree to cooperate with Our defense of such claim.
CHOOSIK.COM reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that CHOOSIK.COM has the right, without liability to You, to disclose any Registration Information and/or Account information to law enforcement authorities, government officials, and/or a third party, as CHOOSIK.COM believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
Everything on the Site is provided to You “as is” without warranty of any kind either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and infringement. Neither CHOOSIK.COM nor any other party involved in creating, producing, or delivering the Site shall be liable for any incidental, consequential, indirect, or punitive damages arising out of Your access to, or use, of the Site. CHOOSIK.COM does not warrant that the Site will be uninterrupted or error free, or that this Site or server that makes it available are free of viruses or other harmful components. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, CHOOSIK.COM’S (liability shall be limited to the extent permitted by law. CHOOSIK.COM will not have any liability to You as a result of service outages that are caused by Our maintenance on the servers or the technology that underlies the Site, failures of Our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction to or damage of Our facilities, an act of God, war, civil disturbance, or other cause beyond Our reasonable control. Your use and browsing of the Site is at Your own risk.
In no case shall CHOOSIK.COM its directors, officers, owners, employees, or agents be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from Your use of any of the Services or for any other claim related in any way to Your use of the Services.
In performing its obligations under this Agreement, each of the parties hereto shall be deemed an independent contractor, and nothing in the Agreement shall in any way constitute either party, or any of such party’s officers or directors, an agent or employee of the other party and this Agreement shall not be deemed to constitute a partnership, joint venture, agency, or contract of employment between the parties.
No failure to exercise or delay in exercising any right, power, or privilege under this Agreement by either party shall operate as a waiver of that right, power, or privilege. Similarly, a single or partial exercise of any right, power, or privilege by either party does not preclude any other or further exercise of that right, power, or privilege.
The rights and remedies contained in this Agreement are cumulative and are not exclusive of any rights and remedies provided by law, in equity, or otherwise. If any provision of this Agreement is prohibited by or contravenes any applicable law, or is held by any court of competent jurisdiction or any other legally constituted body having jurisdiction to make this determination to be void, unlawful, or unenforceable then that provision shall be severed from the Agreement and rendered ineffective, as far as possible, without modifying the remaining provisions of this Agreement.
The validity and interpretation of this Agreement shall be governed by the laws of Missouri. The Missouri courts (state and federal), only, shall have jurisdiction of any controversies regarding this Agreement; any action or other proceeding which involved such a controversy shall be brought in these courts. Any process in any such action or proceeding may, among other methods, be served upon You by delivering it or mailing it, by registered or certified mail, return receipt requested, directed to the address You supplied when registering or updated at a later date. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the state of Missouri.
You acknowledge that Your Site Activity constitutes Your agreement and intent to be bound by this Agreement. Your agreement and intent to be bound applies to all transactions You enter into on this Site, including notices of cancellation, policies, contracts, and applications.
This Agreement constitutes the entire agreement between the parties with respect to this subject matter and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings, and all other communications between the parties.
Should it become necessary for CHOOSIK.COM to enforce this Agreement in a court of law, You agree that CHOOSIK.COM will be entitled to recover from You reasonable attorneys’ fees and costs.
CHOOSIK.COM reserves the right to amend this agreement from time to time and to post notice of such changes on the web site. You agree that continued use of the web site after the posting of such changes constitutes Your acceptance of such changes.
VI. Term and Termination
This Agreement becomes effective upon Your acceptance of these terms and condition. It shall continue in effect until terminated either by Us, because of Your breach of any terms and conditions or representations and warranties set forth herein, or by You pursuant to the terms set forth above.
Member Terms and Conditions
Version 1.0
Effective: [10/28/2007]
Member
Terms and Conditions