AFFILIATE TERMS OF USE

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MusicMastermind.TV Affiliate Terms of Use

  1. This MusicMastermind.TV CLIENT CONTRACT (the “Agreement”) constitutes a legally binding agreement between MusicMastermind.TV by Noisematch, inc., a Florida corporation (“MusicMastermind.TV”) and you (“You” or “Your”). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH MUSICMASTERMIND.TV, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH MUSICMASTERMIND.TV MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE MUSICMASTERMIND.TV SERVICES.
    Subject to the terms and conditions of this Agreement, MusicMastermind.TV hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use MusicMastermind.TV’s proprietary online platform, including without limitation the website located at https://musicmastermind.tv, any services offered on or through such website, and any servers, computers or networks used to provide such website (the “MusicMastermind.TV Services”) for the purposes set forth in this Agreement. In the event You transfer Your account or ownership of any Product, as defined below, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement.
    In addition to any other rights or remedies afforded MusicMastermind.TV under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:
  1. Digital Millennium Copyright Act (“DMCA”) and Trademark Policy
  2. Privacy Policy
  3. Security Policy
  4. Network Abuse Policy
  5. Legal Notice
  • REGISTRATION. You will be required to register for an account in order to use certain MusicMastermind.TV Services. When You provide information during the registration process, You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
    1. If You register for a MusicMastermind.TV account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the MusicMastermind.TV Services using Your account information in whole or in part. MusicMastermind.TV reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.
  • PROMOTING PRODUCTS. If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product which is registered for sale via the MusicMastermind.TV Services, either by You or by another MusicMastermind.TV client (each a “Product”), whether via the MusicMastermind.TV Services or via any other online or offline channel or medium, including for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:
    1. You will abide by MusicMastermind.TV’s Return and Cancellation Policy and You will establish Your Vendor Return Policy as set forth below.
      1. When You Promote a Product, You will use the applicable trademarks, logos, trade names or service marks in accordance with our guidelines, which will be provided by us. 
      2. You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively “IP Rights”) of the MusicMastermind.TV brand, Noisematch Inc or any subsidiaries or partner companies. 
      3. You will not Promote violence, sexually explicit materials, or products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
      4. You will not Promote any Products or services to children under the age of thirteen (13).
      5. You will not defame any person.
      6. You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.
      7. You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.
      8. You will not in any way copy the “look and feel” of any third party website, or otherwise imply that the Promotion is in fact a third party website.
      9. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s Endorsement Guidelines.
      10. MusicMastermind.TV reserves the right but is not obligated to review Your Promotions. You agree that MusicMastermind.TV, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.
      11. You will provide valid contact information, including but not limited to a working email address and phone number, where MusicMastermind.TV can send inquiries and receive a non-automated reply by end of the following business day.
      12. You will comply with all applicable laws, rules and regulations.
  • AVAILABILITY OF SERVICES; SUSPENSION; TERMINATION. You agree and acknowledge that:
    1. Subject to the terms and conditions of this Agreement and MusicMastermind.TV’s policies and procedures, MusicMastermind.TV shall use commercially reasonable efforts to provide the MusicMastermind.TV Services in a manner that will not disrupt Your business. You acknowledge and agree that from time-to-time the MusicMastermind.TV Services may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that MusicMastermind.TV may undertake from time to time; or (iii) causes beyond the reasonable control of MusicMastermind.TV or that are reasonably unforeseeable by MusicMastermind.TV, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that MusicMastermind.TV is not liable for any periodic interruptions in availability of the MusicMastermind.TV Services and further acknowledge that MusicMastermind.TV does not guarantee access to the MusicMastermind.TV Services on a continuous and uninterrupted basis.
      1. MusicMastermind.TV may decline, delist or halt sales or Promotion of any Product from MusicMastermind.TV or Noisematch, inc. , suspend funds, adjust Commissions based on performance, close an account, and/or suspend or terminate the MusicMastermind.TV Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.
      2. MusicMastermind.TV, in its sole discretion, may suspend or terminate Your account and Your rights to use the MusicMastermind.TV Services and MusicMastermind.TV may retain any or all funds (including future funds that may accrue) in Your MusicMastermind.TV account, if: (i) MusicMastermind.TV suspects or has reason to believe and/or if a person otherwise claims that You have violated the law or breached any term of this Agreement; (ii) Your account becomes dormant as defined in our Accounting Policy; (iii) or Your account experiences or is reasonably anticipated to experience a negative balance. Upon such termination, You agree to immediately cease all use of the MusicMastermind.TV Services and MusicMastermind.TV intellectual property licensed in Section 6(b) of this Agreement. Without limiting the foregoing, MusicMastermind.TV shall have the right to immediately terminate Your access and use of the MusicMastermind.TV Services, or any portion thereof, and to seize funds in your account, in the event of any conduct which MusicMastermind.TV, in its sole discretion, considers to be unacceptable.
      3. Following suspension or termination of an account or retaining of funds pursuant to this Section 5, MusicMastermind.TV will review Your account in a manner determined by MusicMastermind.TV in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that MusicMastermind.TV may retain funds in Your MusicMastermind.TV account as liquidated damages and/or for the benefit of MusicMastermind.TV or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to MusicMastermind.TV.
      4. MusicMastermind.TV may withhold any portion of the funds in Your MusicMastermind.TV account if MusicMastermind.TV, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may have incurred with MusicMastermind.TV or any other Person.
  • EMAIL, TEXT MESSAGES AND TELEMARKETING. If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the MusicMastermind.TV Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act (“COPPA”) (Information on these laws can be found at http://www.ftc.gov/spam/ and https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy).
    1. You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine, or obtain email addresses via automated means or send any email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
    2. You may not, directly or indirectly, send, initiate or procure the sending of any text message, or use or procure the use of any telemarketing activities, to Promote or sell Products, unless You have received prior written approval from MusicMastermind.TV. If You receive such approval and You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the MusicMastermind.TV Services, then You represent and warrant that all such text messages or calls will be in full-compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission (“FCC”), the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”) and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at https://www.fcc.gov/sites/default/files/tcpa-rules.pdf, https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts, and https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy).
  • MusicMastermind.TV’S IP RIGHTS. Except as set forth in Section 6(b) below, You may not use MusicMastermind.TV’s name, trademarks, service marks or any other IP Right of MusicMastermind.TV in any manner whatsoever to suggest association or affiliation with or endorsement by MusicMastermind.TV without the express prior written consent of MusicMastermind.TV, which MusicMastermind.TV may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by MusicMastermind.TV without the express, written consent of MusicMastermind.TV is prohibited.
    1. Subject to the following terms and conditions, during the term of this Agreement MusicMastermind.TV grants You a limited, revocable license to use MusicMastermind.TV’s name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a sub domain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions.
      1. MusicMastermind.TV may revoke the foregoing license and/or provide restrictions upon Your use of MusicMastermind.TV’s name, including requiring the use of such disclaimers as MusicMastermind.TV may provide, in connection with Your use of MusicMastermind.TV’s name, at anytime and for any reason in MusicMastermind.TV’s sole discretion.
      2. Failure to comply with any restrictions imposed by MusicMastermind.TV upon Your use of MusicMastermind.TV’s name or failure by You to immediately cease all use of MusicMastermind.TV’s name if so instructed by MusicMastermind.TV shall constitute (1) a breach of the limited license set forth in this Section 8(b); and (2) a breach of this Agreement. In such case, MusicMastermind.TV reserves the right to pursue any and all remedies available to it at law or in equity.
      3. You may not use or display MusicMastermind.TV’s name in any manner to disparage MusicMastermind.TV or the MusicMastermind.TV Services.
    2. Notwithstanding the limited revocable license set forth in Section 6(b) above, as between the parties, MusicMastermind.TV shall be and remain the sole owner of all right, title and interest in and to the MusicMastermind.TV Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by MusicMastermind.TV, and You hereby assign to MusicMastermind.TV all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by MusicMastermind.TV.
  • CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS. In connection with this Agreement, MusicMastermind.TV may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of MusicMastermind.TV (collectively, “Confidential Information”), including, but not limited to (a) the identities of other Vendors or Affiliates of MusicMastermind.TV (collectively, “MusicMastermind.TV Clients”); (b) physical and data security information; (c) technical data; (d) MusicMastermind.TV Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of MusicMastermind.TV. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, MusicMastermind.TV Clients to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with MusicMastermind.TV or the MusicMastermind.TV Services, including without limitation the functionality offered by the MusicMastermind.TV Marketplace. You agree and acknowledge that MusicMastermind.TV may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with MusicMastermind.TV.
    1. MusicMastermind.TV does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the MusicMastermind.TV Privacy Policy, any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to MusicMastermind.TV, or otherwise in connection with the MusicMastermind.TV Services (collectively, the “Submissions”), shall be deemed to be non-confidential and non-proprietary and MusicMastermind.TV shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by You and a duly authorized officer of MusicMastermind.TV. You hereby grant to MusicMastermind.TV and its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. MusicMastermind.TV shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (a) You own or otherwise have the right to grant the foregoing license to MusicMastermind.TV with respect to Your Submissions; and (b) Your Submissions and any use thereof by MusicMastermind.TV will not infringe or violate the rights of any Person. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that MusicMastermind.TV is under no obligation to respond to or use any Submission You may provide.
  • REQUIRED PERMITS. It is your sole responsibility to obtain and maintain all applicable licenses and permits required for the operation of Your business.
  • REPRESENTATIONS AND WARRANTIES. You represent, acknowledge and warrant that:
    1. You & Your Promotions as applicable, do not and will not, directly or indirectly: (i) violate the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; (iv) violate any laws, FTC rules, regulations, guidelines, or industry standards; or (v) violate MusicMastermind.TV’s Privacy Policy.
      1. You may not: (i) frame, copy or mirror any content forming part of the MusicMastermind.TV Services; (ii) reverse engineer the MusicMastermind.TV Services or otherwise attempt to derive its source materials; (iii) access the MusicMastermind.TV Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the MusicMastermind.TV Services; (iv) interfere with or disrupt the MusicMastermind.TV Services or any data contained therein; (v) attempt to gain unauthorized access to the MusicMastermind.TV Services, its related systems or networks; or (vi) use the MusicMastermind.TV Services for any unlawful purpose or in violation of the rights of any Person.
  • INDEMNIFICATION. To the fullest extent permitted by Law, You agree that:
    1. In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (“Claim”) in connection with Your use of the MusicMastermind.TV Services, Your Products, Your Promotions or use of the Vendor Spotlight, You shall defend, indemnify and hold harmless MusicMastermind.TV, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the “MusicMastermind.TV Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys’ fees and costs) (“Losses”) incurred by any MusicMastermind.TV Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
      1. Upon receiving notice of a Claim for which MusicMastermind.TV is entitled to indemnification by You, MusicMastermind.TV shall provide You with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by MusicMastermind.TV will require MusicMastermind.TV’s prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) MusicMastermind.TV may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at MusicMastermind.TV’s own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to MusicMastermind.TV’s use of such counsel.
      2. In the event that MusicMastermind.TV incurs costs, attorneys’ fees or other expenses responding to any complaint other than a Claim, in connection with or in relation to Your Products or Promotions, including copyright infringement complaints under the DMCA, MusicMastermind.TV reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by MusicMastermind.TV up to a maximum of ten thousand dollars ($10,000) per event. In the event that MusicMastermind.TV incurs any Losses relating to Your violation of MusicMastermind.TV’s Email/Text Message/Telemarketing policy, as set forth in Section 6 above, MusicMastermind.TV reserves the right, in its sole discretion, first to recover such Losses by deducting a reasonable, commensurate amount from any monies owed to You by MusicMastermind.TV up to a maximum of twenty thousand dollars ($20,000) per event. You understand and agree that the remedies set forth above are not exhaustive and that MusicMastermind.TV retains all rights to indemnification described herein. You authorize MusicMastermind.TV to make, and release MusicMastermind.TV from any liability in connection with, any such deductions.
  • LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY MusicMastermind.TV PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE MUSICMASTERMIND.TV SERVICES, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE MUSICMASTERMIND.TV SERVICES, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MUSICMASTERMIND.TV SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE  MUSICMASTERMIND.TV SERVICES, WHETHER OR NOT MUSICMASTERMIND.TV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF MUSICMASTERMIND.TV FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY MUSICMASTERMIND.TV TO YOU UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE MUSICMASTERMIND.TV SERVICES, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE MUSICMASTERMIND.TV SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF MUSICMASTERMIND.TV SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
  • DATA PROCESSING. You agree to comply with all data protection laws and regulations, including the E.U.’s data protection regulation, the General Data Protection Regulation (“GDPR”). You agree not to market to persons subject to GDPR who have not consented to receive marketing communications.
    Persons subject to GDPR are entitled to demand that you take certain actions with respect to their data, including, without limitation, that you delete it, correct it, or restrict processing of it. If you receive a data request from a person subject to GDPR, or if MusicMastermind.TV receives any such request with respect to data you are processing, you agree to honor the request within 30 days. You agree to implement appropriate systems and processes to comply with this requirement.
    If you receive any personal data from MusicMastermind.TV or process personal data on MusicMastermind.TV’s behalf, you will: (1) implement appropriate technical and organizational measures to ensure to ensure the security of the data; (2) only process personal data for purposes approved by MusicMastermind.TV; (3) cease processing such data upon request from MusicMastermind.TV; (4) transfer such data only for purposes authorized by law, with prior notification to MusicMastermind.TV, and only pursuant to an appropriate subprocessing agreement; (5) indemnify MusicMastermind.TV for any claim, expense, demand or cost related to your receipt or use of such data; and (6) upon request, provide MusicMastermind.TV with information sufficient to demonstrate your compliance with this section, and allow MusicMastermind.TV to audit your data practices if necessary in MusicMastermind.TV’s sole discretion.
  • NO GUARANTEE OF VALIDITY. MusicMastermind.TV does not endorse, approve, or certify any information provided on or through the MusicMastermind.TV Services, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the MusicMastermind.TV Services may or may not be current as of the date of Your access, and MusicMastermind.TV has no duty to update and maintain such information. Additionally, the information provided on or through the MusicMastermind.TV Services may be changed periodically without prior notice. All content provided on or through the MusicMastermind.TV Services is provided “AS IS.” Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
  • NO PROFESSIONAL ADVICE. MusicMastermind.TV provides professional information (for example, financial or compliance) for informational purposes only, which should not be construed as legal or accounting advice. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information, fact or opinion provided on or through the MusicMastermind.TV Services. You understand that MusicMastermind.TV employees, representatives, and/or agents do not provide advice pursuant to the authority of professional certifications or licenses and You will not treat information provided by our employees, representatives, and/or agents as such. You further understand that by receiving information, facts or opinions on or through the MusicMastermind.TV Services, You are not entering into a relationship with MusicMastermind.TV or its employees, representatives and/or agents that entitles You to client privileges that may be associated with any professional certifications or licenses.
  • DISCLAIMER. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE MUSICMASTERMIND.TV SERVICES. THE MUSICMASTERMIND.TV SERVICES AND ALL RELATED SERVICES ARE OFFERED “AS IS” AND MUSICMASTERMIND.TV DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER MUSICMASTERMIND.TV NOR ITS RELATED PARTIES AND AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH THE MUSICMASTERMIND.TV SERVICES.
  • GENERAL TERMS AND CONDITIONS. Governing Law; Dispute Resolution, Attorneys’ Fees. You agree that Florida law will govern this Agreement and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Miami, Florida. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify MusicMastermind.TV for all of its reasonable attorneys’ fees and costs incurred as a result of any action, suit, proceeding or claim brought by You or MusicMastermind.TV in which MusicMastermind.TV is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT. You and MusicMastermind.TV agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action.
    1. English is Governing Language. This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by MusicMastermind.TV are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.
    2. Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of MusicMastermind.TV or obligating MusicMastermind.TV in any way. You may not represent to any person that You are the agent of MusicMastermind.TV, or are authorized to act on its behalf.
    3. Assignment. MusicMastermind.TV may freely assign or transfer any or all of the rights and obligations described in this Agreement. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of MusicMastermind.TV. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    4. Severability. If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
    5. Publicity. You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using MusicMastermind.TV’s name or referencing the MusicMastermind.TV Services; or (iii) suggesting or implying any endorsement by MusicMastermind.TV of You and/or any Products without the prior written approval of MusicMastermind.TV, which MusicMastermind.TV may withhold in its sole discretion. You hereby authorize MusicMastermind.TV to include your name, business name, and general information about your use of the MusicMastermind.TV services in MusicMastermind.TV’s marketing and promotional materials.
    6. Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. MusicMastermind.TV reserves the right to amend this Agreement at any time. When MusicMastermind.TV amends this Agreement, MusicMastermind.TV shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at https://musicmastermind.tv that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the MusicMastermind.TV Services, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to review periodically https://musicmastermind.tv to inform Yourself of any such changes.
    7. Waiver. The waiver or failure by MusicMastermind.TV to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of MusicMastermind.TV set forth in this Agreement are cumulative and are in addition to any rights or remedies MusicMastermind.TV may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
    8. Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to MusicMastermind.TV which would not be adequately compensated by monetary damages and that MusicMastermind.TV may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of Idaho or any other court of competent jurisdiction anywhere in the world (at MusicMastermind.TV’s sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
    9. Force Majeure. You nor MusicMastermind.TV shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
    10. Notices. Any notice, request, approval, authorization, consent, demand or other communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from MusicMastermind.TV if sent via email, as date stamped by MusicMastermind.TV’s systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
    11. Headings/Interpretation. The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
    12. Survival. Sections 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, and 16 shall survive termination of this Agreement.
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