Terms of Service

The following terms and conditions govern all use of the MyMusicDen.com website and all content, services and products available at or through the website. The Website is owned, managed, paid for and operated by fans of music fans worldwide. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MyMusicDen.com Privacy Policy) and procedures that may be published from time to time on this Site by us (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MyMusicDen.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Registration.

You may be required to register as a member in order to access certain sections or features of this site. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be completed using a valid email address and it is your responsibility to maintain the privacy and security of your password. A unique user name is required for use of MyMusicDen.com. We may disable your account if your user name intentionally impersonates another person, appropriates their rights, or is offensive, obscene, or racist. MyMusicDen.com reserves the right to cancel accounts at its sole discretion.

MyMusicDen.com is not intended for users under the age of 13 and does not knowingly collect personal or usage information from users under the age of 13. By using this Site you certify that you are more than 13 years old. Do not use or register for MyMusicDen.com if you do not meet this requirement.

2. Responsibility of Contributors.

If you upload, comment, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • * the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • * if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • * you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • * the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • * the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • * the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • * your posts or user name is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your name is not the name of a person other than yourself or company other than your own; and
  • By submitting Content to MyMusicDen.com for inclusion on this Website, you grant MyMusicDen.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your material. If you delete Content, MyMusicDen.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties,MyMusicDen.com has the right (though not the obligation) to, inMyMusicDen.com’s sole discretion (i) refuse or remove any content that, in MyMusicDen.com’s reasonable opinion, violates anyMyMusicDen.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MyMusicDen.com’s sole discretion. MyMusicDen.com will have no obligation to provide further explanation.

    3. Responsibility of Website Visitors.

    MyMusicDen.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MyMusicDen.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MyMusicDen.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

    4. Content Posted on Other Websites.

    We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MyMusicDen.com links, and that link to MyMusicDen.com. MyMusicDen.com does not have any control over those link websites and webpages, and is not responsible for their contents or their use. By linking to other website or webpage, MyMusicDen.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MyMusicDen.com disclaims any responsibility for any harm resulting from your use of other websites and webpages.

    5. Copyright Infringement and DMCA Policy.

    AsMyMusicDen.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MyMusicDen.com violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act (”DMCA”) Policy.MyMusicDen.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MyMusicDen.com or others, MyMusicDen.com may, in its discretion, terminate or deny access to and use of the Website.

    6. Intellectual Property.

    This Agreement does not transfer from MyMusicDen.com to you any MyMusicDen.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MyMusicDen.com. Company logo from other sites (eg American Idol, Fox, MSNBC, YouTube, and all other trademarks, service marks, graphics and logos used in connection with such Company are trademarks or registered trademarks of the licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MyMusicDen.com or third-party trademarks.

    7. Changes.

    MyMusicDen.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MyMusicDen.com may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

    8. Termination.

    MyMusicDen.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MyMusicDen.com account (if you have one), you may simply discontinue using the Website. You may contact us to have your username and profile removed completely from the website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    9. Disclaimer of Warranties.

    The Website is provided “as is”. MyMusicDen.com hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. MyMusicDen.com does not makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

    10. Limitation of Liability.

    In no event will didibenamifansite.com, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; didibenamifansite.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

    11. General Representation and Warranty.

    You represent and warrant that (i) your use of the Website will be in accordance with the didibenamifansite.com Privacy Policy, forum guideline, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

    12. Indemnification.

    You agree to indemnify and hold harmless didibenamifansite.com, and their respective writers and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation to this Agreement.

    13. Miscellaneous.

    This Agreement constitutes the entire agreement between didibenamifansite.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of didibenamifansite.com, or by the posting by didibenamifansite.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Massachusetts, U.S.A. Except for claims for injunction or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitrary decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MyMusicDen.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

    This term of use has been adopted from WordPress.com- the one and only leading blog platform in the world.