Music Match Terms of Agreement

  1. Terms of Agreement

    Please read this section carefully. By accessing Music Match you are agreeing to the terms that appear below. If you have any questions, please contact us at:

    These Terms of Agreement ("Agreement") set forth the legally binding terms for your use of the Music Match Services (the "Services"). By using the services, you agree to be bound by this Agreement, whether you are not registered ("Visitor") or you are a registered or subscribing user ("Member"). The term "User" refers to both Visitors or Members. You are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement.

    This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Site. Music Match may terminate your Membership at any time, without warning.

    Music Match reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the site, Music Match may wish to change these Terms (including those relating to your use of the Content). When terms are changed, they will be made effective by posting them on the Site. If you use the Services after Music Match has posted or notified you of the changes, you are agreeing to be bound by those changes.

  2. The Services

    These services are owned and operated by Music Match. The Music Match Services are hosted in the U.S..

    The Services are provided as-is and as available and Music Match expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Music Match cannot guarantee and does not promise any specific results from use of the Services.

    The Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Music Match. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email is prohibited.

    There are three categories of membership described below. Music Match reserves the right to expand or ammend these categories at it's sole discretion. By accessing the Music Match all Members and Visitors are agreeing to these terms.

    • Job Seeker Membership

      You are entitled to enter, in prescribed form, your profile information (the "Information") on to a Web Page on our Website (the "Website"). On payment of our Service Fees you shall be entitled to our "Subcription Service." Under the Subscription Service we shall make the Information you provide available to other Members of our Site, including registered Employers. In addition the subscription Service shall also allow you full access to information posted on the site by registered Employers and allow you to note your availability for work.

      In respect of those subscribing for the Subscription Service we agree to use our reasonable endeavours to ensure that the Website is available [24 hours a day] (the "Service"). In the event that this is not possible we shall endeavour to rectify any problem as soon as reasonably practical.

      We are unable to verify or provide any assurance relating to the nature or duration of any work or appointment that you may be offered as a result of using the Service. It remains your sole responsibility to ensure that any work or appointment is acceptable to you.

      In the event of you agreeing to subscribe to our Subscription Service you agree to pay the Service Fees. Payment of Service Fees are due monthly in advance or annually. Failure to pay shall result in the immediate removal of the Subscription Service. In some cases, depending on your bank, a small International transaction fee may also be charged by your bank.

    • Employer Membership

      In consideration of you agreeing to these terms you are allowed to access the information contained in our database. You warrant that you are a bona fide employer and that you will register and log on as such.

      You shall use the Information contained on the Database for the sole purpose of considering employing or otherwise retaining the services of the individuals and organizations contained in the Database.

      Music Match does not provide any warranty or guarantee concerning the information relating to individuals contained in the Database and therefore we cannot accept any liability associated with its use. All terms, conditions, warranties and representations, express or otherwise to be implied, including, but not limited to, any implied terms of merchantability, satisfactory quality, or fitness for a particular purpose are excluded.

      Music Match shall not, in any circumstances, be liable whether in contract, tort, or otherwise for any indirect, special or consequential damages, howsoever arising (including but not limited to loss of anticipated profits).

    • Band Membership

      The services offered by Soundcheck are designed for musicians to publicise themselves and their music and to network with other musicians, and for people who want to listen to their music and use their services. Services include a personal or group online profile with audio and visual media, which can be accessed by the public (Visitors) as well as by Members.

  3. User Content

    You shall not upload to, distribute to, or otherwise disseminate through the Site, any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

    Despite the best efforts of Music Match, information provided by other Members may contain such material, and Music Match assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Music Match.

    Music Match reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

    By using the Services, you represent and warrant that all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; you are 16 years of age or older; and your use of the Services does not violate any applicable law or regulation.

    You acknowledge that Music Match reserves the right to charge for the Services and to change its fees from time to time at its discretion. If Music Match terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

    When you sign up to become a Member, you will be asked to choose a password. You are solely responsible for any and all use of your password and account. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Music Match immediately if you suspect any unauthorized use of your account or access to your password.

    The Services are for personal use only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Music Match. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email is prohibited.

    Music Match does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials ("Content") that you post on the Site. After posting your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the Site, you hereby grant to Music Match a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Site. This allows us to make your content accessible to other Users through the Site.

    You are free to license your Content to anyone else in addition to Music Match. Music Match is not required to pay you for the use of your content on the Site.

    You warrant that:

    • You own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section.

    • The posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

    • You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

    • Music Match assumes no responsibility for the Content posted by Users. Nonetheless, Music Match may delete any Content that in the sole judgement of Music Match violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Music Match is under no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

    • You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Music Match does not endorse and has no control over the Content. Content is not necessarily reviewed by Music Match prior to posting and does not necessarily reflect the opinions or policies of Music Match. Music Match makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

    • You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

  4. Music Match Content

    In addition to the Content posted by members the Site contains Content of Music Match ("Music Match Content"). Music Match Content is protected by copyright, trademark, patent, trade secret and other laws, and Music Match owns and retains all rights in respect of this Content and the Services. The Music Match Content is solely for your personal use in connection with viewing the Music Match Website and using the Music Match Services.

    Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

  5. Disclaimer

    Profiles created and posted by Members on the the Site may contain links to other websites. Music Match is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Music Match. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Music Match. When you access these third-party sites, you do so at your own risk.

    Music Match does not warrant or represent and excludes all warranties or representations that the material and information, including advertising material, on the Website is accurate, true or complete or that it is free of viruses or that it does not contain any material which is defamatory, obscene or illegal in any way.

    In no circumstances will Music Match be liable to you or any other third parties for any loss or damage (whether direct or indirect, including loss of profits, loss of opportunity or any consequential loss) resulting from or in any way connected with your use of the Website or its content, whether caused by negligence, misrepresentation, breach of any statutory duty, or breach of contract or otherwise, does not limit or exclude its liability for death or personal injury resulting from its negligence.

  6. Indemnity

    You agree to indemnify and to keep Music Match indemnified from and against any costs, claims, demands, expenses and liabilities suffered or incurred by Music Match arising from or which is directly or indirectly related to your access to and/or use of the Site and/or any other person or entity's use of the Site where such person or entity was able to access the Site using your password.

  7. Advertising and Sponsorship

    Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Music Match will not be responsible for any error or inaccuracy in advertising material.

  8. Competitions and Prizes

    From time to time Music Match will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time of such competitions.

  9. General

    This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Music Match regarding the use of the Services. The failure of Music Match to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

    Music Match reserves the right to assign or transfer all or any of its rights and obligations under these terms and conditions to any of its group companies or to any other third party. In the event of assignment or transfer, notification will either be given to you by email or posted on the Website.

    These terms are governed by and will be interpreted in accordance with English law. The English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these terms and conditions.

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    Please contact Music Match with any questions regarding this Agreement.