JEEPNEYMUSIC.COM TERMS OF USE


Welcome to JeepneyMusic.com! Jeepney Music is a globally-focused site, designed to promote international artists and their music, and to foster a global community for musicians and music listeners across the world. The Terms of Use Agreement (the "Agreement") of www.jeepneymusic.com, a website owned and operated by Jeepney Music, Inc., ("Jeepney Music" or the "Site") sets forth the conditions and terms under which users may access and use our Website.

As a User or Member of this Website, you will gain access to a variety of products and services, which may include, but are not limited to, music, community forums, and merchandise ("Products and Services"). Please be advised that all Products and Services are subject to the terms of this Agreement.

To become a Jeepney Music user, you must read and accept all of the conditions and terms set forth in this Agreement and the separate Privacy Policy. If you do not agree to be bound by the conditions and terms of this Agreement, you may not use or access the Jeepney Music Services offered by this Site. Jeepney Music reserves the right to refuse or cancel Service without prior notice to any User for any or no reason.

This Agreement may be modified at any time by Jeepney Music or any party designated by Jeepney Music without prior notice, by amending the terms contained within this Agreement. Such modifications will become effective immediately upon their posting to this page. It is your obligation to review this Agreement on a regular basis to inform yourself of any changes that may have been made to the Agreement. Your continued use of any of Jeepney Music's Services denotes your acceptance of any such modified terms. So please be sure to read it carefully and often, and we look forward to seeing you around JeepneyMusic.com!

Definitions

"Content" shall means any material, including copyrightable material such as images, musical works and literary works, and any other material submitted by a Member to this Site, including, but not limited to information in a Member's profile and anything written by a Member on any part of this Site.

"The Copyright Act" shall mean The United States Copyright Act of 1976 (U.S.C Chapter 17), including any and all subparts and any amendments thereto.

"Featured Artist" shall mean a Member chosen by Jeepney Music and featured on the site, and who may be subject to additional terms and conditions or a separate agreement with Jeepney Music.

"Member" shall mean any person or entity who registers for a free account on the Site.

"Musical Works" shall mean any audio content on the Site, including, but not limited to, songs uploaded by Users and/or Members.

"User" shall mean any person or entity accessing the Site, whether or not they become a Member and shall include Members.

"You" shall refer to both Members and Users of the Site.

Description of Services

Membership to Jeepney Music is free. Membership provides you access to certain tools and features of the website, including, but not limited to, (i) a personal profile, (ii) the music of other Members, (iii) community forums and message boards. Members may remove/modify information from their profiles at any time through their personal Account Homepage. Subject to the exceptions below (See "Proprietary Rights"), you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of our Site or the Services contained therein.

Jeepney Music reserves the right to alter the Service provided at any time without notice.

Registration and Eligibility

Accessing Jeepney Music is not available to any person under the age of thirteen (13). When registering as a Member, you hereby represent and warrant that you are: 1) over thirteen (13) years of age; and 2) that all of the information you provide is true, accurate and complete. Please see Jeepney Music's Privacy Policy for details about the information you provide to Jeepney Music.

Jeepney Music Services are not available to any Users who may have been suspended or removed from the Jeepney Music Site for any reason.

Term of this Agreement

This Agreement shall bind each User and Member and remain effective until you cease to use and destroy any and all Content over which you have control (whether submitted by you or simply utilized by you), including Musical Works that was downloaded or otherwise utilized by you, including any additional copies made by you. Jeepney Music shall also have the absolute right to terminate this Agreement with you at any time, for any reason, with or without notice. Upon such termination, you must cease using and destroy all Content as previously stated. Jeepney Music shall have the right to request written confirmation that these requirements have been met.

License Terms

By using the this Site, you hereby grant Jeepney Music an irrevocable, perpetual, nonexclusive, nontransferable, worldwide, royalty-free license to any and all Content posted, uploaded or otherwise communicated by you, including, but not limited to, the right to copy, distribute, publicly display, publicly perform, edit, translate or otherwise modify such Content, use any such Content to promote Jeepney Music, and to sublicense any of these rights in order to provide services to Users.

This is a limited license. Except for certain situations concerning Featured Artists, Jeepney Music claims no ownership for any User or Member's Content (including any pictorial, literary, audio visual or music works), and all copyright, trademark and other ownership shall remain with its original owner.

Please note, if you are chosen as a Featured Artist, the terms and scope of this license may change and may be subject to a separate agreement with Jeepney Music.

Registration and User Responsibilities

As a Member of Jeepney Music's Services, you will be required to open a free account with Jeepney Music and select a user name ("Screen Name") as well as a password. As a registered Member of Jeepney Music, you will be able to create a Profile, post Content and comment on the Content of others. You are accountable for maintaining the accuracy and confidentiality of your password and account. As a Member of Jeepney Music, you agree that you are fully responsible for all activities that occur under your password or account with or without your knowledge, and any misuse of your account in violation of this Agreement or the Privacy Policy that may result from the termination of your account. You further agree that all postings, messages, text, audio or visual files, images, or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the account owner from whom such Content originated. In the event of any misuse or fraud related to your password or account, you must notify Jeepney Music immediately.

As a Member of Jeepney Musuc, you agree that you will not: (i) select or use a Screen Name for the purpose of imitating another person; (ii) select or use a Screen Name which incorporates any part of a name subject to any rights to which you to do not have authorization; or (iii) select or use a Screen Name that is in any way offensive or obscene. The determination of whether a Screen Name violates these terms shall be in Jeepney Music's sole discretion, and Jeepney Music reserves the right to cancel any Member account or Screen Name for any reason, including violation of the terms of this Agreement.

You agree that information and material provided by third parties, including other Members, cannot be verified by Jeepney Music and Jeepney Music is not in any way responsible for the Content made available by such third parties and not originated by Jeepney Music or its authorized agents. Jeepney Music does not guarantee the accuracy of such information and material in any way. Jeepney Music reserves the right to monitor User and Member activity in order to ensure the accuracy of such information and material, but is not obligated to do so.

You agree that you will not use the Jeepney Music Services to harass or stalk another User, or for any other purpose or use that is prohibited by this Agreement or by law.

As a Member of Jeepney Music, you acknowledge and agree that:

  • you will not attempt to upload inaccurate Content to the Site;
  • you are willing to allow others to view and comment upon your posted Content; and
  • you will not attempt to promote or advertise anything other than your (or another Member's) music-related Content.

User and Member Conduct

You acknowledge and agree that you are the owner of any Content uploaded, posted or otherwise transmitted by you onto Jeepney Music (or that you are authorized to do so by the owner of such Content), and that you are solely and fully responsible for such Content. By posting, uploading or transmitting any Content, you warrant and represent that your actions do not violate the rights of any third party. You shall be fully responsible for paying any applicable licensing fees for any Content posted, uploaded or transmitted by you which is owned by another person or entity. Jeepney Music does not control your Content and disclaims any and all liability and responsible for any or your Content, and you hereby release Jeepney Music and the Company from any and all liability which may be incurred as a result of your actions.

Except for Content owned and controlled by you, you may use the Content on this Site for personal use only. You may not modify, publish, sell or otherwise transfer, copy, distribute, perform, display, create derivative works or otherwise exploit any Content that you do not own and which uses have not been expressly granted to you by the owner of such Content.

With the exception of RSS feeds, the use of any automated or manual devices or software or other processes to "crawl" or "spider" any web pages contained in our Site is strictly prohibited. You agree not to copy or monitor, or allow others to copy or monitor, the source-code of the Site or content generated by Jeepney Music. Furthermore, you agree not to take any action that interferes with the proper working of the Site, including, but not limited to, attempting to gain unauthorized access, placing an unreasonable burden on our infrastructure, unsolicited communications, or the activation or transmission of computer viruses.

Jeepney Music reserves the right to monitor, modify, remove or otherwise prohibit any Content from being posted, uploaded, transmitted or otherwise made available on this site.

Prohibited Conduct

Jeepney Music expects that all of its Users and Members will conduct themselves appropriately and respect others while accessing the Site. Any use not specifically granted by this Agreement shall be considered a Prohibited Use and a violation of this Agreement, including but not limited to the following. No User may:

1. Use any of the Content for commercial purposes, whether or not for profit or financial gain;
2. Alter the Content in any way (including but not limited to reverse engineering any Content, removing or creating any technological prohibitions to Permitted Uses, and/or creating so-call "derivative works" of any Content), except that a User may alter any Content owned by that User, including any and all applicable copyright ownership rights, profile information and any personal information;
3. Copy, distribute, display or perform any User's Musical Work onto a third party site, except that Users shall be permitted to post hyperlinks on third party websites that lead back to a User's profile page and/or musical work, if applicable;
4. Use any Content in a trademark or service mark;
5. Use any Content in a way that incorporates material not owned by that User and not properly licensed to that User by the third party owning it;
6. Upload, post, transmit or otherwise make available any Content that is harmful or threatening to any other Person;
7. Upload, post, transmit or otherwise make available any Content that is illegal, including but not limited to Content that is libelous, defamatory, pornographic or which infringes on another person's privacy rights;
8. Upload, post, transmit or otherwise make available any Content that is obscene, racially, ethnically or otherwise objectionable;
9. Upload, post, transmit or otherwise make available any unauthorized or unsolicited advertising, including "junk e-mail," "spam," or other unsolicited promotional materials;
10. Harass or stalk another User or Member;
11. Upload, post, transmit or otherwise make available Content that is false, deceptive or misleading or otherwise falsely associates yourself with any business or organization for which you are not an agent.
12. Upload any content that includes iframes.

Use of Third Party Websites

Jeepney Music may contain links and other access to third party websites, including but not limited third party merchandising sites and payment sites. Please be advised that while using third-party sites all Users of this Site shall continue to be subject to the terms of this Agreement and Jeepney Music's Privacy Policy, as applicable, in addition to any such User Agreement, Privacy Policy or any other Agreements of such third party sites.

In addition, please be advised that these third-party websites and any third-party material posted, uploaded or otherwise transmitted on this Site is not controlled or owned by Jeepney Music, and therefore Jeepney Music can cannot guarantee the accuracy of such information nor accept responsibility for any content, materials, or terms contained on those sites. By using or visiting any such third party site or accessing such information through Jeepney Music, you expressly relieve Jeepney Music of any liability arising from such use.

Merchandise and Returns

Jeepney Music may have merchandise available for Users and Members to purchase through this Site or third party sites ("Merchant," or, collectively "Merchants"). If you submit an order to purchase any merchandise, you are obligated to complete that purchase and are subject to any terms governing that transaction. You warrant and represent that any information you submit in such a transaction is true and accurate. You may not purchase any merchandise that is illegal for you to purchase or own in your jurisdiction.

Any merchandise purchased through this site may be returned within thirty (30) days of submitting such order ("Purchase Date"), subject to any language to the contrary on any third party site from which the merchandised was purchased. Orders returned within thirty (30) days will be credited to the account upon which such purchase was made. If you wish to exchange your item (instead of receiving a refund), please indicate so on the form provided with your item. Refunds for items returned more than thirty (30) days after the Purchase Date shall be in the form of the merchandise credit, redeemable on your next purchase with that Merchant.

Please note that the above references to "merchandise" does not include digital downloads. Digital downloads are not returnable, however, digital files which might have been corrupted during the download process will be replaced without charge

Communication by Jeepney Music

Jeepney Music may, from time to time, communicate with you and other Members via email and other methods of communication for the purposes of, but not limited to:

1) updating Members as to new, deleted or modified features and capabilities of the Site;
2) requesting the verification of information directly related to your account;
3) notifying Members of any offers provided by Jeepney Music; or
4) notifying Members of communications from third parties.

Please see the Privacy Policy Privacy Policy for additional details regarding these services, including opt-in and opt-out preferences.

Responsibility for Minors

A note to legal guardians and parents: Jeepney Music has implemented policies for age verification (please see our Privacy Policy for details). Minors under 13 are not permitted to use this Site or its Products and Services. Nevertheless, if a minor between the ages of 13 and 18 uses or visits this Site, you are deemed to have authorized such minor to do so. In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THIS SITE MAY CONTAIN MATERIAL THAT IS UNSUITABLE FOR MINORS AND THAT BY AUTHORIZING YOUR MINOR'S ACCESS TO THIS SITE YOU ARE CONSENTING TO THEIR ACCESS TO SUCH CONTENT. Proprietary Rights

This Site, including its Contents and Services, is protected to the maximum extent permitted by federal and international copyright laws. Except as specifically authorized in the above "License Terms," the Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Jeepney Music. Any reproduction, modification, copying or creation of derivative work in whole or in part outside the scope of personal use is prohibited without express written consent from Jeepney Music or its authorized agents. You expressly agree to abide by all copyright notices displayed on our Site. Jeepney Music reserves any rights not expressly granted by this Agreement.

Except in some limited circumstances concerning Featured Artists, Jeepney Music does not claim ownership of content posted by its Users. However, by posting Content, you represent and warrant that you have the right to do so and also have the right to grant the license aforementioned (See "License Terms").

The business names, logos, and other materials displayed on the Site and in connection with the Services constitute trademarks, trade names, service marks or logos ("Marks") of Jeepney Music. All such Marks and the goodwill associated therewith remains with Jeepney Music.

Intellectual Property Infringement & Unlawful Conduct

Jeepney expects all users to respect the intellectual property of other users, including their music. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Jeepney Music's policy to terminate, in appropriate circumstances, the membership of repeat infringers.

If you believe your intellectual property has been infringed, you may notify Jeepney Music of such infringing or unlawful content, by providing the Copyright Agent or General Counsel of Jeepney Music with the following information:

  • Your name, address, telephone number and e-mail address;
  • A description of the exact location on the website of the infringing or unlawful content;
  • A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
  • In the event that you believe that the content infringes your rights, please include a statement that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
  • In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
  • A sworn and signed statement that the information provided is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Jeepney Music takes such notices very seriously. We will evaluate the provided notice and, if appropriate based on our sole discretion, remove the content or disable access to the content. Based on our judgment, we may notify the source of the Content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such Content, if the source of such Content provides evidence that the Content should not have been removed. We encourage you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another User.

Jeepney's Copyright Agent may be notified of claims of intellectual property infringement through the contact information below ("General Information"), attention General Counsel of Jeepney Music, Inc. You may also fax such notification to 562.433.5679. Termination Jeepney Music shall have the right to terminate any User or Member, for any reason, with or without prior notice, including, but not limited to:

1) violations or breaches of this Agreement, Privacy Policy or other Jeepney Music agreements;
2) requests by the government, law enforcement or any other regulatory agencies;
3) a request by you to terminate your account;
4) any technical difficulties, including, but not limited to, the distribution from your account, in any manner, of computer-related viruses, spyware or malware; and
5) your inactivity as determined by Jeepney Music.

These reasons for termination are examples only, and Jeepney Music's right to terminate accounts shall not be limited to these reasons. As a Member of Jeepney Music, you agree that Jeepney Music has complete authority to terminate accounts, and any such termination may result in the denial of further access to your account and any related benefits conferred to you as a consequence of membership. You agree that Jeepney Music shall have no liability in the event that we terminate your account.

Indemnification

By accepting this Agreement, you agree to indemnify and otherwise hold Jeepney Music, LLC, and any of its affiliates, agents, employees, subsidiaries and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: 1) your use of the Jeepney Music site or any of its services, 2) unauthorized access to or alteration of your communications with or through Jeepney Music, or 3) any other matter relating to the Jeepney Music site or services, including content or services provided by Jeepney Music that may be accessed through third party websites. Any business transactions arising between Users and Members and/or third party websites as a result of their use of Jeepney Music are solely the responsibility of the Users and Members involved.

All content presented on this website is for informational and/or entertainment purposes only. Jeepney Music expressly disclaims any endorsement for any artists, music, specific opinions, products, services and merchandise not provided by Jeepney Music.

Warranties

Jeepney Music expressly disclaims any and all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Services are provided on an "as is" and "as available" basis. No further communications between you and Jeepney Music will create additional warranties. Any use of this Site is done at the risk and discretion of the Users, and Jeepney Music expressly disclaims any and all warranties related to any and all damage resulting from the use of this Site. Jeepney Music makes no warranty that the Jeepney Music Services will serve your needs and expectation, or will continue uninterrupted or error-free.

Jeepney Music does not assume any responsibility for the prompt delivery or retention of any Member communication or Member information or the accuracy of such Member communication or Member information.

Any downloads or information obtained through the Jeepney Music Services are done at your own discretion and is not the responsibility of Jeepney Music. Damages to your computer system or loss of data as a result of such downloads or information obtained through the Jeepney Music Services are the sole responsibility of the User.

The Site contains content provided by third parties as well as links to third party websites. Jeepney Music does not guarantee the accuracy, integrity or quality of the content of this information or the sites of these third parties. We provide these links for your convenience only. Jeepney Music does not endorse such other site or contents contained in their sites. The content contained in the sites of third parties is governed by the user agreements of those sites and we encourage you to consult their user agreements when dealing with third party websites.

Jeepney Music, or any of directors, officers or shareholders, does not endorse any Members who contribute Content to the Site.

Liability

You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will Jeepney Music or its officers, employees, directors, shareholders, affiliates, or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or in any way related to:

  • Use or inability to use the Services or procuring substitute services resulting from any transactions or information purchased or obtained through our Services;
  • The deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
  • Use of or reliance on any Content, goods or services available on any other Sites that you access through the Services;
  • The failure of Users to comply with this Agreement or our discretionary termination as defined above;
  • Unauthorized access to your account or alteration of your transmissions or data;
  • Statements or conduct of any third party on or through the Services, conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable, or any infringement of another's rights, including intellectual property rights;
  • Errors, omissions, or inaccuracies in the content of the Site;
  • The approval or termination of any account or the denial or approval of access to the Jeepney Music Services; and
  • Lost profits resulting from use of the Jeepney Music Services.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These limitations on liability shall survive the expiration or earlier termination of this Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. Governing Law 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 and by United States Federal Law, as applicable. IN THE EVENT OF ANY INTERNATIONAL DISPUTE, YOU AGREE THAT JURISDICTION, INCLUDING VENUE, OVER THIS AGREEMENT SHALL BE IN THE UNITED STATES AND UNDER CALIFORNIA LAW AND/OR UNITED STATES FEDERAL LAW, INCLUDING UNITED STATES COPYRIGHT LAW.

Severability

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.

Arbitration Clause

Jeepney Music reserves the right to handle through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association any controversy or claim arising out of or relating to this Agreement or the Site, including disputes between Users. Such a controversy or claim will be arbitrated individually and not consolidated in any claim or controversy of another party. Such arbitration will be conducted in Los Angeles County, California, and judgment and/or equitable remedies on the arbitration award or in anticipation of arbitration may be entered in any court of competent jurisdiction in Los Angles County, California.

Amendments to This Agreement

Jeepney Music reserves the right to alter or amend this Agreement in any way, with or without notice. All Users shall be bound to any such changes as soon as they are made available on the Site. Users are encouraged to read this Agreement often, and it shall be the Users' responsible to assure they are aware of and in compliance with the terms of this Agreement, including any amendments thereto.

General Information

If you have questions or have witnessed any violations of this Agreement, please contact us at: mail.




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