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Material on this site is protected by copyright law and any unauthorized use or duplication of text or graphics contained in this site is strictly prohibited. The information on this site and may not be reproduced, adapted or published, in whole or in part, for any purpose without the expressed written consent of YouTuneMusic. All names and logos are trademarks of YouTuneMusic. Logos may be used, downloaded, copied or distributed only with the written permission of YouTuneMusic. To obtain permission contact legal@YouTuneMusic.com
No Representation or Warranty
YouTuneMusic reserves the right to modify the information contained on this site at any time without notice. While YouTuneMusic makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and YouTuneMusic DOES NOT assume any responsibility for the accuracy, completeness or authenticity of any information contained on this site. This site and all information and materials contained here are provided to you "as is" without warranty of any kind.
Terms and Conditions of Use
When you access services provided through or in connection with the YouTuneMusic.com site, including but not limited to the licensing of any musical material available on YouTuneMusic.com, you agree to be bound by and comply with the following Terms and Conditions of Use. In addition, your use of any of the YouTuneMusic.com content is subject to the YouTuneMusic.com Music License Download Policy and is incorporated herein by reference and deemed to be made a part of the Terms and Conditions of Use. The Terms and Conditions of Use contain legal obligations and restrictions, and should be read carefully in their entirety. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YouTuneMusic.com.
Download Policy
As a condition of your use of the YouTuneMusic website, you agree that you will not use the YouTuneMusic website for any purpose that is unlawful, will violate any third party rights or is prohibited by these Terms and Conditions of Use. You agree that all downloadable content will only be used for amateur or so called “home” videos that are; not for commercial purposes, will not be duplicated and or sold, not produced or created for professional entertainment purposes, will be broadcast only on so called internet “video sharing” websites (i.e. Youtube and MySpace) and will NOT be broadcast or distributed via ANY media now known or hereinafter devised without the expressed written consent of YouTuneMusic including but not limited to broadcast on free TV, basic TV, cable TV, satellite TV, closed circuit and in NO instance will the content be used separate or apart from the video.
You acknowledge that your production is an amateur production(s) (not created, owned and or controlled, licensed, or being distributed by a professional for profit entertainment/distribution company) and will not be mechanically reproduced, duplicated, broadcast or shown on any media now known or hereafter devised outside of the “video sharing” websites (i.e. Youtube and MySpace).
Should you be requested to list information anywhere regarding the title or owner of the composition you are obligated to list the song title(s) you selected and the music publisher as indicated in the search engine. If the publisher is not listed in the search engine please email us @licensing@YouTuneMusic.com to request publisher information.
If your Video doesn’t fit download license policy you are a Non Authorized User.
If you are not sure if your video meets the download policy contact us immediately.
If you are interested in licensing music for a production that does not meet the download license criteria above PLEASE NOTE THAT LICENSES FOR UNAUTHORIZED USES CAN BE OBTAIN BY CONTACTING YOUTUNES MUSIC. To obtain an authorization please contact licensing@YouTuneMusic.com describe your production and your licensing needs and we will get back to you promptly.
Ownership of Rights
All of the content contained on YouTuneMusic, including but not limited to logos, musical compositions, sound effects, sound recordings, text, graphics, photographs, images, data, meta data, information and software ("Content") is owned by YouTuneMusic, it’s affiliates, subsidiaries or licensors. All elements of YouTuneMusic.com are protected by copyright, trademark, service mark, moral rights, and other laws, as well as international conventions relating to intellectual and other property rights, publicity rights, contractual rights, and rights of privacy. All rights not specifically granted herein are reserved by YouTuneMusic.
No Unauthorized Copying
All YouTuneMusic content and all related rights will remain the exclusive property of YouTuneMusic and or its affiliates, licensors, clients, content providers or registered users. Therefore except as expressly permitted under these Terms and Conditions of Use, no portion or element of the YouTuneMusic site or the Content may be duplicated, distributed or retransmitted by any means now known or hereinafter devised.
No Unlawful or Prohibited Uses
As a condition of your use of the YouTuneMusic website, you agree that you will not use the YouTuneMusic website for any purpose that is unlawful or will violate any third party rights or is prohibited by these Terms and Conditions of Use. You agree not to use the YouTuneMusic website in any manner that could damage, disable, overburden, limit or interfere with any other party's use and enjoyment of the YouTuneMusic website and services.
You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the YouTuneMusic website and you agree not to collect or harvest any personally identifiable information for any commercial purposes.
Use Restrictions and Termination
Use of the YouTuneMusic website is subject to compliance with these Terms and Conditions of Use. You acknowledge and agree that YouTuneMusic may terminate, suspend, or deny you access to the YouTuneMusic website, without notice and liability if you fail to comply with or violate any of the Terms and Conditions of Use or any other rules or requirements published by YouTuneMusic. Any such termination, suspension or refusal shall be in YouTuneMusic's sole discretion and may occur without notice. YouTuneMusic reserves the right to terminate, suspend or refuse access to the YouTuneMusic website for any conduct that YouTuneMusic, in its sole discretion believes is or may be directly or indirectly harmful to other users, to YouTuneMusic or to its subsidiaries, affiliates, business contractors or content providers, or to other third parties, or for any conduct that violates any local, state, federal or foreign laws, regulations or conventions.
Use of Content
You expressly acknowledge and agree that YouTuneMusic may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with any legal process; (b) enforce these Terms and Conditions of Use; (c) respond to any claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of YouTuneMusic, its users and the public.
Third Party Sales
The YouTuneMusic.com website may contain links to third party web sites where users can purchase goods or services from third party merchants ("Merchants"). By submitting an order to purchase any goods or services from Merchants, you are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions in and to your consumer rights. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that YouTuneMusic is not a party to the transaction and provides no warranties or guarantees thereto.
Licensing Downloadable Content
In the event you elect to register with YouTuneMusic.com you will have the opportunity to obtain a free download license for downloadable content contained on the site. In order to download any content from the site you will be required to accept and agree to the terms and conditions of a License Agreement, a legally binding document that limits/restricts your rights as it relates to how you use the downloadable content, and imposes certain contractual obligations on you. You shall not have the right to share, sub-license, assign, or otherwise transfer or make available any downloadable content to any third party or transfer or delegate your rights or obligations hereunder, unless specifically provided in the relevant and separate license agreement which would be negotiated in good faith by all parties.
Enforcement and Indemnification
You agree to indemnify, defend and hold YouTuneMusic, its officers, employees, shareholders and directors, and its affiliates and content providers (collectively, the "YouTuneMusic Parties") harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and costs) incurred by any YouTuneMusic party as a result of or in connection with any breach by you, or anyone acting on your behalf, of any of these Terms and Conditions of Use or your unauthorized use of any content contained on the site and related rights. YouTuneMusic shall have the right to pursue all necessary legal actions and equitable relief and will seek all available financial compensation and damages, including claims of statutory copyright damages of up to $150,000 per claim (and such other amounts as may be available in foreign jurisdictions) for each instance of infringement in connection with any Track, should YouTuneMusic be notified or otherwise become aware of any infringement, or unauthorized or wrongful use, of any digital content, sound effect, logos, information, data or meta data, or other content available through any YouTuneMusic Site.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE YOUTUNEMUSIC SERVICE SHALL BE AT YOUR OWN RISK. THE YOUTUNEMUSIC WEBSITE AND YOUTUNEMUSIC SERVICES ARE PROVIDED "AS IS" AND YOUTUNEMUSIC EXLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THE YOUTUNEMUSIC WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING; REPAIR OR CORRECTION REQUIRED BY YOU DUE TO YOUR USE OF THE YOUTUNEMUSIC SITES. YOUTUNEMUSIC DOES NOT ENDORSE OR MAKE ANY WARRANTY AS TO, NOR IS YOUTUNEMUSIC RESPONSIBLE FOR, THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT, OR THE RELIABILITY OF ANY PRODUCTS, SERVICES OR MATERIALS, MADE AVAILABLE ON OR THROUGH THE YOUTUNEMUSIC SITES, NOR WILL YOUTUNEMUSIC BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIAL OBTAINED ON OR THROUGH THE YOUTUNEMUSIC SITES.
Limitation of Liability and Damages
IN NO EVENT SHALL YOUTUNEMUSIC, ITS OFFICERS, EMPLOYEES, SHAREHOLDERS OR DIRECTORS, OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF THE YOUTUNEMUSIC WEBSITE OR THE SOUNDTRACK SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE TRACK, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF YOUTUNEMUSIC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Other Web Sites
There may be links through the YouTuneMusic website to web sites other than YouTuneMusic Sites. These web sites are operated and controlled by third parties, and YouTuneMusic is not responsible for any content, agreements, goods or services contained on or made available through such web sites, nor any loss or other damage suffered by you in connection with your use of such web sites. You waive any and all claims against YouTuneMusic regarding inclusion of links to outside web sites or your use of those websites. In addition, by clicking on a link, you agree that YouTuneMusic is not responsible for the privacy policies of such third party web sites and that it is your responsibility to be aware of and comply with such privacy policies. Please see the YouTuneMusic Audio Privacy Policy as provided above.
Waiver and Amendment; Changes
No action of YouTuneMusic, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should one or more provisions of these Terms and Conditions of Use be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Moreover, if one or more of the provisions contained in these Terms and Conditions of Use shall be held to be excessively broad as to duration, scope, activity or subject, such provisions shall be construed by limiting and reducing them so as to be enforceable to the maximum extent allowed by applicable law. YouTuneMusic reserves the right to modify the Terms and Conditions of Use from time to time, for any reason, without notice. Please review these Terms and Conditions of Use from time to time so that you will be apprised of any changes.
Governing Law
These Terms and Conditions of Use shall be deemed entered into in the State of California, and the validity, interpretation and legal effect of the Terms and Conditions of Use shall be governed by the laws of the State of California applicable to contracts entered into and performed entirely within the State of California, with respect to the determination of any claim, dispute or disagreement which may arise out of the interpretation, performance, or breach of the Terms and Conditions of Use. The parties agree that any action, suit or proceeding based upon any matter, claim or controversy arising hereunder or relating hereto shall be brought solely in the State Courts of or the Federal Court in the State and County of Los Angeles. The parties hereto irrevocably waive any objection to the venue of the above-mentioned courts, including any claim that such action, suit or proceeding has been brought in an inconvenient forum. Any process in any action or proceeding commenced in the courts of the State of or elsewhere arising out of any such claim, dispute or disagreement may, among other methods, be served upon you or YouTuneMusic by delivering or mailing the same via registered or certified mail, addressed to you or YouTuneMusic, as the case may be, at the address the respective party may designate. Unless otherwise designated by YouTuneMusic, the address of YouTuneMusic shall be 8033 Wilshire Blvd. 8th Floor Beverly Hills CA 90212. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of California or the jurisdiction in which such action or proceeding may be commenced. Notwithstanding the foregoing, YouTuneMusic will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of YouTuneMusic, such action in necessary or desirable.
Claims of Infringement
It is the policy of YouTuneMusic to respond expeditiously to claims of intellectual property infringement. YouTuneMusic will promptly process and investigate notices or claims of alleged infringement and will take appropriate actions, including notification and co-operation with third parties, under the Digital Millennium Copyright Act ("DMCA") and other applicable laws and regulations. Upon receipt of any notice of alleged infringement, including notices complying or substantially complying with the DMCA, YouTuneMusic will act expeditiously to remove or disable access to, or cause the removal or disabling of access to, any reference or link to any material claimed to be infringing or claimed to be the subject or part of infringing activity. YouTuneMusic will terminate access to the YouTuneMusic website for persons who are repeat infringers. Notices of claimed infringement should be directed to:
General Counsel
Paul Nesbitt Esq.
Email: legal@YouTuneMusic.com
Export Controls
Certain software, and related documentation or technical information, available through the YouTuneMusic is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of, any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders.
YouTuneMusic is a division of the Visual Media Music Corporation (VMMC)
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