Thank you for using Music4Humans.com the Platform which is operated by Music 4 Humans LLC, a company based in the United States. These Terms for Amateur Members contain terms which the Amateur Members (defined below) who are registered or wish to register with us need to adhere to. The Music 4 Humans Platform is an online multivendor marketplace that connects music enthusiasts and student members to a network of independent contractor musicians and teacher members. The Platform allows Amateur Members to get in touch with Professionals registered with us (“Professionals”) and avail the services offered by them (“Gig Services”). The Amateur Members and other users who are not registered with us can view the profiles of the Professionals (“Professional Profiles”) and accordingly register (applicable to non-registered users) an Account with us and avail of the Gig Services following the terms of these Terms for Amateur Members. This document regulates the use and access of www.music4humans.com, mobile website, and mobile applications related, linked, or otherwise connected thereto (collectively “The Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise.
THESE TERMS FOR AMATEUR MEMBERS CONTAIN A COMPULSORY ARBITRATION PROVISION THAT AIMS TO RESOLVE ANY DISPUTES THAT MIGHT ARISE BETWEEN YOU AND US AS A RESULT OF USING OUR PLATFORM. YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
By clicking “Accept” when prompted or making an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Music 4 Humans LLC (hereinafter referred to as “M4H”, “we”, “us”, or “our”) and you the registered users (hereinafter referred to as (“Amateur Members” “you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
2. THE SERVICE.
The Platform is an online multivendor marketplace that connects Amateur Members to the Professionals registered with us. Amateur Members can avail of Gig Services on the M4H Platform through their M4H online account (“Account”) and can communicate directly with Professionals who publish their Gig Services on our Platform.
The services provided by us (“Services”) are independent of the Gig Services provided by the Professionals.
Visitors may be able to review Professional Profiles as a Visitor of our Services; however, if you wish to book a Gig Service or contact other members, you must first become a registered Member.
When an Amateur Member avails the Gig Services, you do so by entering into an agreement to which M4H is not and will not be made a party to (“Relevant Agreement”). The Professionals are independent contractors and do not have any relation of any kind with M4H, and M4H shall not be liable for any including without limits, claims, losses, etc. arising from the acts or omissions of the Professionals such as including without limits claims arising from interactions with Amateur Members. We do not endorse or control the Professionals and the methods deployed by the Professionals for the provision of Gig Services. M4H is not responsible for the safety of the Amateur Members or unregistered users (“Visitors”) and does not have control over the relationship between the Professionals and the Amateur Members.
- 3.1 To use our Platform and avail Gig Services, you must:
- 3.1.1 be an individual at least 13 years old and not disqualified from entering into contracts under any law;
- 3.1.2 If under the age of majority, obtain proper consent from a parent or legal guardian.
- 3.1.3 complete the registration process;
- 3.1.4 agree to our Terms; and
- 3.1.5 provide true, complete, and up-to-date legal and contact information and Documents.
- 3.1.6 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
- 3.1.7 By using the Platform, you represent and warrant that you will use the Platform only for non-commercial purposes.
- 3.1.8 By using the Platform, you represent and warrant that you meet all the requirements listed above and that you will not use the Platform in a way that violates any laws or regulations. M4H may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
- 3.1.9 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
- 3.1.10 M4H may make access to and use of the M4H Platform, or certain areas or features of the M4H Platform, subject to certain conditions or requirements, such as completing a verification process, establishing payment method, meeting specific quality or eligibility criteria.
4. PERSONAL DATA.
The Term begins as soon as you access the Platform and continues as long as you use the Platform. Entering your username, password, and clicking the “login” or “I accept” button whenever prompted means that you have officially “signed” these Terms.
6. ACCOUNT REGISTRATION.
- 6.1 To use all features of the Platform, you need to register an Account. For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
- 6.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym (with the exception of a relevant and subsisting band or artist name and any such names which are being used to identify you officially throughout the world).
- 6.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
- 6.4 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform.
- 6.5 You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
- 6.6 Visitors and Amateur Members will not be able to contact other users without registering and logging in to their Account.
- 6.7 Parents or legal guardians of minor(s) will have the ability to create a family Account wherein they can add the minor(s) and provide access to Gig Services to the minors (“Minor Account”). The term “Account” includes the term “Minor Account” wherever used throughout these Terms unless excluded specifically otherwise. Adding minors to parents or legal guardian’s respective Account is not mandatory, Amateur Members may use their parent’s or legal guardian’s Account for availing Gig Services. Features such as booking Gig Services, making payments, and other features which by their nature should require the consent of the parent or legal guardian to avail shall be limited by M4H with respect to Minor Accounts.
- 6.8 We reserve the right to terminate your access to the Platform and your Account as well as delete all information associated with your Account if you breach the terms of our Terms.
- 6.9 You can create and connect an M4H Account through your account with certain third-party social networking services such as Google and Facebook (“SNS Account”). If you choose the SNS Account option, we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
7. AMATEUR MEMBER TERMS.
- 7.1 For registering as an Amateur Member, you have to be eligible for using our Services and availing Gig Services as laid down in Section 3.
- 7.2 As an Amateur Member, you can book and pay for Gig Services, manage your schedules (with respect to Gig Services), communicate with Professionals and other Amateur Members, access help documents, and use our Services.
- 7.3 You must continue to comply with our Terms at all times. Your Account may be suspended or canceled if you fail to comply with our Terms or applicable laws.
- 7.4 You can book Gig Services by following the booking process on the Platform. The ability to book Gig Services is subject to meeting our eligibility requirements and completion of any verification processes deployed by M4H.
- 7.5 All amounts applicable for booking Gig Services such as Professional Fees, M4H Fees, and other applicable charges will be presented to you prior to booking a Gig Service (“Total Fees”). Professional Fees are the amounts charged by the Professionals for rendering their Gig Services. M4H Fees is the Platform usage fees charged by us from the Amateur Members and Professionals and is the sole form of remuneration of M4H. The M4H Fees shall in no case be less than $5 USD. You hereby through this reference agree to pay the Total Fees for all bookings in connection with your Account. For instance, if you place an order for availing Gig Services for which the amount is displayed as $110 on the Platform, the breakdown of the foregoing amount may be: $100 (Professional Fees) + $10 (M4H Fees to be paid by Amateur Member) = $110
- 7.6 The M4H Fees shall in no case be less than $5 USD.
- 7.7 When you receive a booking confirmation from us, you enter into a Relevant Agreement independent of the Services provided by M4H. The Relevant Agreement is solely between you and the Professional engaged by you. You will be subject to the applicable refund and other terms mentioned on such Professional’s Professional Profile or in the absence thereof our Cancellation Policy or in our sole discretion.
- 7.8 M4H is responsible for collecting the Total Fees and not the Professionals. M4H will collect the Total Fees when you book a Gig Service through us and upon the receipt of confirmation or acceptance for provision of Gig Services from the Professional you wish to hire. For certain Gig Services you may opt for a subscription to Gig Services (if available) (“Subscription”) and will be required to pay or have the option to pay for the Gig Services Subscription in parts or multiple installments. In the event you opt to pay for the Subscription in parts, your Subscription shall solely be valid until you make regular payments for the Subscription (“Subscription Period”). If you fail to pay for any Subscription in a timely manner, we reserve the right to terminate your access to the Gig Services. After the passage of the Subscription Period, the Subscription shall renew automatically for a subsequent period equal to the original Subscription Period, unless terminated by the Amateur Member.
- 7.9 Payment Via Credit Card: As long as a Subscription is active, you will provide us with valid credit card information and authorize us to deduct requisite amounts against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card and that any and all charges may be billed to that credit card and will not be rejected. If for some reason, we are unable to process your credit card order, we will try to charge 3 more times in the next few days. Consecutive charge retries do not change and/or extend the User’s Subscription renewal date.
- 7.10 The invoice for all transactions shall be sent to your registered email provided to us. There may be delays in sending such invoices to the User’s email due to technical reasons for which we disclaim all liabilities in this regard. All prices with respect to Subscription Services are inclusive of taxes. In the event we are required to collect taxes on your behalf, we reserve the right to charge such amounts collected by us to your payment method.
- 7.11 Subscription and Subscription charges are subject to change. If you do not cancel your Subscription after such changes are made, it shall be deemed that you have accepted such changes to the Subscription and Subscription charges and agree to pay such updated charges and modified terms.
- 7.12 If you book a Gig Service on behalf of someone or some entity, you will be responsible for ensuring such person or entity’s eligibility and ensure their compliance with the rules set forth in the Professional Profiles as well as our Terms.
- 7.13 If you are booking Gig Services on behalf of a minor, you hereby warrant that you are legally authorized to act on behalf of such minor.
- 7.14 Amateur Members are responsible for carefully reviewing the Gig Services, their description, and other requirements such as minimum age, proficiency required, equipment requirements, etc. prior to booking the Gig Services. If you suffer from any pre-existing health conditions or other health related conditions, you must inform the Professionals beforehand. You are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to your participation in Gig Services. M4H will not be responsible for any claims, damages, etc. if you do not inform the Professional of any health-related conditions suffered by you.
- 7.16 The profiles of Professionals whom we have passed or cleared by conducting background checks will have a “Background Checked” badge. If you engage Gig Services or interact with unverified users, you do so at your sole risk.
8. AMATEUR MEMBER PROFILE AND RELATED TERMS.
- 8.1 The following terms are applicable to Amateur Members:
- 8.1.1 The personal profile of Amateur Members (“Profile”) shall not be shown to any users unless permission is granted by the Amateur Member for doing so. Amateur Members have the option to make their Profile visible/invisible by changing their Profile privacy settings through the Platform. We will not display the Profiles unless the Amateur Members provide us the consent through the Platform to do so (by making the Profile visible) [by selecting the public profile visibility function on their personal Dashboard]
- 8.1.2 The Profiles of Amateur Members of the age of 13 and below cannot be shared publicly.
- 8.1.3 Amateur Members are not required to upload or share any photos and personal information in their Profile.
- 8.1.4 Amateur Members can upload the following information to their respective Profiles (Including without limits): (a) Musical interests (b) Goals (b) Booked lessons Calendar (c) Favorite band, artist, music genre (d) Experience you want to share (e) What instruments you play, etc.
- 8.1.5 Amateur Members have the option to share their Profiles on social media.
- 8.1.6 You will have the ability to contact Professionals prior to the start of Gig Services through our Platform messaging system.
- 8.1.7 Visitors will not be able to book Gig Services without registering an account. Visitors will not be able to register an Account without providing M4H information regarding their age.
- 8.1.8 Amateur Members can view Professional Profiles and see schedules and calendars for availability and send and receive messages to Professionals as registered users.
9. MAKEUP LESSON, CANCELLATIONS, AND REFUNDS.
You and the Professionals can make modifications to any orders made by you via the Platform or request M4H customer service to make such modifications (“Booking Modifications”). Booking modifications are subject to acceptance or approval by the party to whom a request for a Booking Modification is made.
- 9.1 Booking Modifications can be made by you, or the Professionals through the Platform by giving a notice of at least twenty-four (24) hours to the other party (Amateur Member or Professional as applicable) (“Cancellation Policy”). We encourage you to interact with each other if you want to make any Booking Modifications. Being late to any class or Gig Services does not entitle Amateur members to any refunds unless provided otherwise in writing. Access to the Platform may be restricted by M4H if users are late for availing or providing Gig Services. Amateur Members may seek a refund for Gig Services canceled by a Professional, or the Amateur Members may reschedule the Gig Services.
- 9.2 If you cancel or reschedule Gig Services, the Professionals will be notified by us automatically. Refunds are provided subject to this Cancellation Policy or the terms as may be specified in the Professional Profiles (if applicable).
- 9.3 The amount of refund to which the Amateur Members might be eligible to receive shall be calculated by M4H at our sole discretion.
- 9.4 We do not provide refunds for missed Gig Services. If you need to make a Booking Modification, the Amateur Member shall provide the Professional a prior notice of at least 24 hours If you do not provide notice of 24 hours, you will not be provided any make-up Gig Services. Being late for Gig Services does not entitle you to extra time, however, extra time may be provided by the Professionals at their sole discretion. If a Professional is late to provide Gig Services, extra time shall be provided by the Professional.
- 9.5 This Cancellation Policy may not apply to all types of Gig Services. Please check the terms available on the Platform prior to booking a Gig Service.
- 9.6 The cancellation terms may be set by the Professionals with respect to the certain Gig Services and the same shall be provided on the Professional Profiles of such Professionals.
- 9.7 This Cancellation Policy set out in this Section shall be accordingly amended by us from time to time.
- 9.8 Cancellation-related terms specified on the Platform shall take precedence (if available) over this Cancellation Policy. Please read the cancellation terms available on the Platform or as specified on the Professional Profiles.
10. TESTIMONIES AND REVIEWS.
The Amateur Members and Professionals (solely who avail Gig Services) will have the ability to (after completely availing the Gig Services) provide a public review which will be viewable by all users of the Platform (“Testimony”) and rate the Gig Services of a Professional through a star rating system on the Platform (“Rating”). Ratings or Testimonies reflect the opinions of the users who provide the same and do not reflect the opinion of M4H. Ratings and Testimonies must be accurate and may not contain any offensive or defamatory language.
Ratings and Testimonies are not verified by M4H for accuracy and may be incorrect or misleading. Ratings and Reviews become a part of the Professionals Profile and may also be surfaced elsewhere on the M4H Platform such as the “Search” page together with other relevant information such as the number of lessons provided in Gig Services, the average response time of Professionals and other information.
- 11.1 We assume no responsibility for ensuring Visitors’ and Amateur Members’ compliance with any applicable laws, rules, and regulations. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances shall we or any of our employees, officers, agents, advertisers, or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform or our Services, any content posted on the Platform or transmitted to any of our users, or any interactions between users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from the use of our Services.
- 11.2 We are not responsible if you are not able to avail of Gig Services due to unreliable internet connection, power outage and other such events beyond our control. We shall not be responsible for providing any refunds in such cases.
12. PROHIBITED ACTIVITIES.
- 12.1 As a user of the Platform, you agree not to:
- 12.1.1 systematically retrieve data or other M4H Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- 12.1.2 make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user Accounts by automated means or under false pretenses.
- 12.1.3 use a buying agent or purchasing agent to make purchases on the Platform.
- 12.1.4 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any M4H Content or enforce limitations on the use of the Platform and/or the M4H Content or Content contained therein.
- 12.1.5 engage in unauthorized framing of or linking to the Platform.
- 12.1.6 trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords;
- 12.1.7 make improper use of our customer and other support services or submit false reports of abuse or misconduct.
- 12.1.8 engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
- 12.1.9 interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- 12.1.10 attempt to impersonate another user or person or use the username of another user.
- 12.1.11 sell or otherwise transfer your Account.
- 12.1.12 use any information obtained from the Platform in order to harass, abuse, or harm another person.
- 12.1.13 use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the M4H Content for any revenue-generating endeavor or commercial enterprise.
- 12.1.14 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- 12.1.15 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
- 12.1.16 delete the copyright or other proprietary rights notice from any M4H Content.
- 12.1.18 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- 12.1.19 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixel, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
- 12.1.20 except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- 12.1.21 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- 12.1.22 use the Platform in a manner inconsistent with any applicable laws or regulations.
13. USER CONTRIBUTIONS.
- 13.1 The Platform may contain message boards, chat areas, news groups, forums, blogs, communities, personal web pages, links to social media, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out below.
- 13.2 Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your Account Settings.
- 13.3 You represent and warrant that:
- 13.3.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
- 13.3.2 All of your User Contributions do and will comply with these Terms.
- 13.3.3 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not M4H, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- 13.4 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
- 13.5 To the maximum possible extent, you hereby grant to M4H a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Contributions, and to sublicense the foregoing rights; and you irrevocably waive and cause to be waived, against M4H and its users any claims and assertions of any moral rights contained in such User Contributions. This section shall survive any termination of your Account or the Platform.
14. CONTENT STANDARDS.
- 14.1 These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
- 14.1.1 contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
- 14.1.2 promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- 14.1.3 infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- 14.1.4 violate the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
- 14.1.5 contain images or videos of persons without such person’s consent;
- 14.1.6 be likely to deceive any person
- 14.1.7 involve drugs, narcotics, steroids, controlled substances, pharmaceuticals, or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- 14.1.8 promote any illegal activity, or advocate, promote, or assist any unlawful act;
- 14.1.9 cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- 14.1.10 funding a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
- 14.1.11 impersonate any person or misrepresent your identity or affiliation with any person or organization;
- 14.1.12 involve or promote terrorism or, any activity that promotes war, genocide, knives, explosives, ammunition, firearms, or other weaponry or accessories;
- 14.1.13 involve annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing, or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- 14.1.14 involve collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to an attempts to bypass or otherwise circumvent the designated method of payment as provided by M4H;
- 14.1.15 involve credit repair or debt settlement services
- 14.1.16 involve products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party
- 14.1.17 involve the illegal sale or resale of brand names or designer products or services;
- 14.1.18 involve providing funds for any purpose other than availing Gig Services;
- 14.1.19 any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- 14.1.20 involve any election campaigns that are not run by a registered organization within the supported country;
- 14.1.21 give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
- 14.1.22 involve any other activity that we may deem in our sole discretion to be unacceptable
15 MONITORING AND ENFORCEMENT; TERMINATION.
- 15.1 We have the right to:
- 15.1.1 remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- 15.1.2 take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for us;
- 15.1.3 disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- 15.1.4 take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; or
- 15.1.5 terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
- 15.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform or otherwise accessing or using our Platform.
- 15.3 YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS RESULTING FROM ANY ACTION TAKEN BY M4H/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER M4H/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- 15.4 We do not undertake to review any material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Subject to the Terms, M4H gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from M4H to use, reproduce, modify, distribute, or store any Content for purposes other than using the Platform consistent with these Terms.
17 INTELLECTUAL PROPERTY RIGHTS.
- 17.1 The Platform contains the Intellectual Property of M4H in the form of content, graphics, videos, audios, text, and any other digital content (“M4H Content”). This is an agreement for the use of Platform, and you are not granted a license to any M4H Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the M4H Content; reproduce or copy the M4H Content or any part thereof; (iii) modify, translate, or create derivative works based on the M4H Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the M4H Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to M4H Content in any manner other than as expressly permitted in this Terms and Conditions for Professionals.
- 17.2 You acknowledge and agree that the Platform, the names, and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the M4H or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks, and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or commercial manner without the prior written consent of M4H. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in M4H or its third-party suppliers, as the case may be.
- 17.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully-paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
- 17.4 You acknowledge and agree that any comments, ideas, and/or reports provided to us (“Feedback”) shall be the property of M4H and you hereby irrevocably transfer and assign to M4H such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
- 17.5 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in Section 34.
18 PROTECTION OF INTELLECTUAL PROPERTY.
- 1.1 General. It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided below.
- 1.1 DMCA Notification. If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: firstname.lastname@example.org.
- 1.1 Counter-Notice.If you feel that any of Your Content was improperly removed or made unavailable to other users, please contact us via the contact information set forth above.
19 INTERACTIONS WITH OTHER MEMBERS.
You are solely responsible for your interactions with the Professionals and all other users of the Platform. M4H does not presently conduct mandatory background checks on the Professionals and other users of the Platform. It shall be your duty to conduct background checks on the Professionals and other users prior to interactions with such users of the Platform. The extent of our background check is limited by the quality and scope of service provided by our third-party investigative service and the limitations of computer-accessible public records (solely if a background check is conducted). You are not obligated to meet Professionals and other users of the Platform offline. We do not verify the statements made by the Professionals and other users of the Platform. We make no representations or warranties as to the conduct of Professionals and other users of the Platform. You agree to take reasonable precautions in all interactions with Professionals and other users of the Platform. You understand that we make no guarantees, either express or implied, regarding your experience with Professionals and other users of the Platform you meet through our Platform. You do so at your own risk and at your own peril.
20 THIRD-PARTY SERVICES.
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third-party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license granted under Section 8, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. If you cancel your Account, In accordance with our cancellation policy or in the absence thereof, at our sole discretion. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability, and indemnification.
To the maximum extent permissible by applicable law, you hereby absolutely release M4H and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
23 WARRANTY DISCLAIMER.
THE PLATFORM AND GIG SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM AND GIG SERVICES ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. M4H, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM AND GIG SERVICES ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM AND GIG SERVICES ARE SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US AND GIG SERVICES WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US AND GIG SERVICES SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM AND GIG SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM AND GIG SERVICES.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates, and each of our and our affiliate’s including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.
25 LIMITATION OF LIABILITY.
THE USE OF THE PLATFORM OFFERED BY M4H IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS FOR AMATEUR MEMBERS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS FOR AMATEUR MEMBERS. NOTHING IN THESE TERMS FOR AMATEUR MEMBERS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
26 GOVERNING LAW AND DISPUTE RESOLUTION.
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the state of Colorado applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action, or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
27 CLASS ACTION WAIVER.
The Parties hereby expressly waive their right to bring or participate in a class-action lawsuit. The Parties agree that each may bring claims to the fullest extent legally permissible against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
28 CUSTOMER SERVICE.
We may provide help and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your Account, and you will not be entitled to any refund of unused subscription fees (if applicable).
29 PRIVACY AND COMMUNICATIONS.
30 COMMERCIAL RELEASE.
By using the Platform, you hereby authorize us and our agents, successors, and assigns to photograph and/or videotape and/or record you and/or your voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of our Platform, without further compensation whatsoever of any kind as a result of such use.
31 INTERNATIONAL USERS.
The Platform is controlled, operated, and administered by M4H from our offices within the USA. If you access the Platform from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the M4H Content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavor to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
- 33.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- 33.2 Relationship of the parties. You and M4H are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.
- 33.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic, or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
- 33.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable, or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
- 33.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms of Service. Notices to us shall be sent by email to email@example.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
- 33.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
- 33.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.
You may get in touch with us through our Platform or the address given below: Music 4 Humans LLC, 515 Park Ave W APT 304, Denver, Colorado 80205, firstname.lastname@example.org