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COPYRIGHT OWNERSHIP: La Costa Music
Business Consultants (Owner/Licensor) owns all rights to the Music
Business Directory Online (Service/Product). The Service/Product
is protected by copyright law and international treaties. Unauthorized
viewing, copying, reproduction, or distribution of Service/Product
or any portion of it, may result in severe civil and criminal
penalties including fines and imprisonment, and will be prosecuted
to the maximum extent possible under the law. Service/Product
has been seeded to enable the monitoring of its use.
USE LICENSE GRANTED TO LICENSEE-Owner/Licensor
grants Licensee a use license for the Service/Product during the
period that the Licensee remains a site member in good standing.
This use license consists of the right to use the Service/Product
by one person on one computer only, except in the cases of 1)
A use license granted to College or University Libraries, or Public
Libraries where the use license is extended to patrons of said
libraries, or 2) Where Licensee has paid for multiple persons
and computer stations to access this site. The Service/Product
may not be distributed by the Licensee in order to rent, lease,
lend, or sell the Service/Product, and, the Licensee may not transfer
this use license to any third party. Membership to the Music Business
Directory Online Website is not transferable to any other website
maintained by La Costa Music Business Consultants. All rights
not expressly granted herein are reserved by Owner/Licensor.
COST OF SUBSCRIPTION MEMBERSHIP-Subscription
Memberships are billed to the member's credit card as follows:
There is a one time sign up fee (the amount of the sign up fee
is always indicated on the Invoice presented for printout before
the order is processed and before a credit card is charged) plus
there is a subscription fee paid per month. The subscription fee
is charged per month for each month in which a membership account
is active. For example, if you sign up and activate your account
anytime in the month of May, your credit card will be charged
the per month subscription fee for May. The June subscription
per month fee will then be charged on or about the 1st day of
June, the July subscription per month fee will be charged on or
about the 1st day of July and so on as long as your membership
account is active. If you cancel your account anytime after the
per month subscription fee is paid, your password will still remain
active through the last day of that month.
ALL SALES ARE FINAL-The fees paid
for the MBD Membership are paid to cover the costs involved to
advertise the MBD Website, to process the member's credit card,
to set up the member's automated password and member administration
system, to set up the member's account records, to run the website
online, to track down the Internet databases and set up the related
system of hyperlinks located on the MBD site, for the right to
access via this use license the MBD Membership Website and to
copy the contents of the website into Licensee's computer, and
to maintain the automatic online cancellation system which deactivates
the member's password when the member closes their account online.
Because the information on the MBD Website is electronic and can
be so easily copied (and cannot be returned as can a book or other
physical object), all sales are final and there are absolutely
no refunds allowed. Any refund received by the user would automatically
nullify this use license and make the copy initially made by the
user a pirated copy and put the user in criminal violation of
the applicable copyright laws and open the user up to criminal
and civil prosecution which carry severe penalties to include
fines and imprisonment.
DURATION OF USE LICENSE AND CANCELLATION
BY MEMBER-Member agrees to use only the cancellation link that
is provided on the MBD Subscription Membership Administration
Page to cancel their account and further agrees to use only the
provided Feedback Form to contact La Costa Music Business Consultants
if any problem should arise. Member agrees not to phone La Costa
Music Business Consultants or to try to cancel their account using
any other means. Upon the termination of the account by the Member,
the Ex-Member then agrees to discontinue using the Service/Product
and to fully delete any copy or copies made of the Service/Product.
Any viewing, copying, or other use of the Service/Product without
having a paid in full use license shall be deemed unauthorized
use and may be deemed copyright infringement (which is a criminal
offense) and will be prosecuted to the maximum extent possible
under the law. Any person or entity viewing, copying, or otherwise
using the Service/Product without a use license agrees to pay
reasonable lawyer fees and all court costs involved if Licensor
must use the courts to remedy any infringement of copyright situation.
LIMITATION OF LIABILITY-With regard to this use license, under
no circumstances and under no legal theory, tort, contract, or
otherwise, shall Owner/Licensor or any other person be liable
for any indirect, special, incidental, or consequential damages
of any character including, without limitation, damages for loss
of goodwill, work stoppage, computer failure or malfunction, or
any and all other commercial damages or losses. In no event will
Owner/Licensor be liable for any damages whatsoever in regard
to the Licensee's use of stated Service/Product.
MISCELLANEOUS-This Agreement represents
the complete agreement and supersedes all prior agreements and
representations between the parties. If any provision of this
Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable.
Owner/Licensor does not grant any right that is not specifically
named in this agreement or named in amendments to this agreement
(if amendments are made in the future). Licensor may add or remove
provisions to this use license without notice.
Service/Product is provided on an
"AS IS" basis, continual on-line access is not guaranteed
and is made available without warranty of any kind, including
without limitation the warranties of accuracy, merchantability,
fitness for a particular purpose and non-infringement. No guarantee
of results from the use of the Service/Product is either expressed
or implied. This disclaimer of warranty constitutes an essential
part of the agreement. Some states do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and
you may have other legal rights that vary from state to state
or by jurisdiction.
AGREE TO BE BOUND AND ARE BECOMING
A PARTY TO THIS AGREEMENT-Licensee agrees to be bound, and becomes
a party to this agreement by purchasing an MBD membership, or
by viewing, or using, or copying the Service/Product content into
Licensee's computer. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT SIGN UP FOR THIS SERVICE AND DO NOT VIEW, USE,
OR MAKE ANY COPY OF THE PRODUCT.
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© Copyright
La Costa Music All Rights Reserved