ZMX Music Terms of Service
Accepting the Terms
Your access and use of the services and Web site (referred to collectively as the “Services” in this document), provided by ZMX Music (“ZMX”), is subject to your acceptance of, and compliance with, these Terms of Service (“Terms”). By clicking to accept or agree to these Terms, or accessing, using or continuing to use the Services, you explicitly and irrevocably agree to be bound by and fully comply with these Terms as may be updated by ZMX from time to time and without further notice. It is important that you take the time to read them carefully.
In addition, when accessing and using the Services, you shall be subject to such applicable guidelines and rules which ZMX may post from time to time. Any applicable guidelines or rules will be prominently posted on the home page for your review before taking effect. All such guidelines and rules are hereby incorporated by reference into these Terms and you, by your access, use and continued use of the Services, explicitly and irrevocably acknowledge and accept them. To the extent that there is any inconsistency between these Terms and any guideline or rule, these Terms will control. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
You may not use the Services and may not accept these Terms if (a) you are not of legal age to form a binding contract with ZMX, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Provision of the Services by ZMX
ZMX is constantly innovating in order to provide the best possible experience for its users. As part of this continuing innovation, ZMX may modify or discontinue, temporarily or permanently, the Services (or any features within the Services) for any or no reason, with or without notice to you. You agree that ZMX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. You may stop using the Services at any time. You do not need to specifically inform ZMX when you stop using the Services.
You agree that ZMX, in its sole discretion, may terminate your login, password and/or account (or any part thereof) for any reason whatsoever including, without limitation, for lack of use of the Services or if ZMX believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You acknowledge and agree that:
- Any termination of your access to the Services under any provision of these Terms may be effected without prior notice.
- ZMX may immediately deactivate, disable or delete your account and all related information and files, or any portion thereof.
- If ZMX disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Further, you agree that ZMX shall not be liable to you or any third-party for any termination of your access to the Services.
Use of the Services
In using the Services, you agree:
- That any registration information you give to ZMX will always be accurate, correct and up to date.
- To use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- Not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ZMX, unless you have been specifically allowed to do so in a separate agreement with ZMX. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
- That you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including but not limited to unsolicited communications, attempts to gain unauthorized access or transmissions or activation of computer viruses.
- That unless you have been specifically permitted to do so in a separate agreement with ZMX, you will not monitor, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, or allow others to do so.
- That you are solely responsible for (and that ZMX has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which ZMX may suffer) of any such breach.
Passwords and Account Security
You will be required to create a user login and password to access some Services. You agree and understand that you are responsible for maintaining the confidentiality of any login or passwords associated with any account you use to access the Services. Accordingly, you agree that you are solely responsible for all activities that occur under any such account. You further agree that if you become aware of any unauthorized use of your password or your account, you will notify us immediately. However, we are under no obligation to act if you do notify us regarding unauthorized use of your password or your account.
Content in the Services
You understand that all information such as data files, written text, computer software, music, audio files or other sounds, photographs, logos, graphics, videos or other images, collectively referred to as “Content,” which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You further understand and agree that the Content, Services and any software used in connection with the Services may be protected by applicable intellectual property and other laws. You agree to abide by any and all intellectual property rights notices, information, or restrictions contained in any part of the Service. You may not modify, copy, download, reproduce, publish, license, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) unless you have been specifically told that you may do so by ZMX or by the owners of that Content, in a separate agreement. Moreover, you may not use any of the trademarks, service marks or logos (“marks”) appearing throughout the Services without express written consent from the owner of the marks, except as permitted by applicable law.
Reviews, Comments and Other Content
In some instances, you may be permitted to post reviews, comments, and other content or send suggestions, ideas, comments, questions, or other information using the Services, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” To do so, you may need to create a user account (as explained above). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. ZMX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise in a separate agreement with you, you grant ZMX and its parents, successors and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now or hereafter known. You also hereby grant to each user of the Services a non-exclusive license to access and make personal use of such content through the Services. You grant ZMX and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ZMX for all claims resulting from content you supply. ZMX has the right but not the obligation to monitor and edit or remove any activity or content. ZMX takes no responsibility and assumes no liability for any content posted by you or any third party.
Other Content and Links
The Services may include hyperlinks to other web sites or content or resources. You acknowledge and agree that ZMX has no control over any Web sites or resources which are provided by companies or persons other than ZMX, that ZMX is not responsible for the availability of any such external sites or resources, and that ZMX does not endorse any content, advertising, products or other materials or information on or available from such web sites or resources. You further acknowledge and agree that ZMX is not responsible or liable, directly or indirectly, for any loss or damage which may be incurred by you as a result of the availability of those external web sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any content, advertising, products or other materials or information on or available from such web sites or resources.
You agree to indemnify and hold ZMX and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of any of these Terms, or your violation of any rights of any third party.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZMX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ZMX MAKES NO WARRANTY OR REPRESENTATION THAT (1) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (4) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZMX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZMX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH ZMX MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE ZMX WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON ZMX’S LIABILITY TO YOU IN THE PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT ZMX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Exclusions and Limitations
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 may not apply to you.
In particular, nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence or fraud of ZMX.
Claims of Copyright Infringement
In the event that you claim to be the copyright owner of any Content, you agree to immediately notify ZMX of any claimed copyright infringement. You further agree to provide our DMCA agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512, as set forth in ZMX’s DMCA Policy.
General Legal Terms
These Terms, including any applicable guidelines or rules as set forth above in Section 1, constitute the whole legal agreement between you and ZMX and govern your use of the Services.
You agree that ZMX may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.
You agree that if ZMX does not exercise or enforce any legal right or remedy which is contained in these Terms (or which ZMX has the benefit of under any applicable law), this will not be taken to be a formal waiver of ZMX’s rights and that those rights or remedies will still be available to ZMX.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
These Terms, and your relationship with ZMX under these Terms, shall be governed by the laws of Massachusetts without regard to its conflict of laws provisions. You and ZMX agree that the courts in the Commonwealth of Massachusetts are the exclusive jurisdiction for resolving any legal matter arising from these Terms. Notwithstanding this, you agree that ZMX shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The section titles of these Terms are displayed for convenience only and have no legal effect.Please send any questions or comments, or report violations of these Terms to us, via email to firstname.lastname@example.org.
- NEW! Barenaked Ladies (September, 2013)
- NEW! City and Colour (April, 2013)
- NEW! - Ghosts - the new Mayday Parade single! (August, 2013)
- NEW! Forever the Sickest Kids (May, 2013)
- NEW! The Apples in stereo (November, 2012)
- NEW! - Mayday Parade! (September, 2012)
- New Tegan & Sara Sheet Music!
- ZMX Music Adds Josh Kelley, Tegan and Sara, and Julian Drive