Access

Subject to these Terms of Use, Weget Music may offer to provide the services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Weget Music performs for you, any applications or widgets offered by Weget Music that you download from the Site or, subject to the terms set out under the “Third Party Sites and Services” section below, from third party application stores (e.g., iTunes® store, Amazon.com store™, or Google Apps Marketplace) authorized by Weget Music, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility

Subject to these Terms of Use, Weget Music may offer to provide the services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Weget Music performs for you, any applications or widgets offered by Weget Music that you download from the Site or, subject to the terms set out under the “Third Party Sites and Services” section below, from third party application stores (e.g., iTunes® store, Amazon.com store™, or Google Apps Marketplace) authorized by Weget Music, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

You shall not:

• provide any false personal information to Weget Music (including a false User Name) or create any account for anyone other than yourself without such person’s permission;
• use a User Name that is the name of another person with the intent to impersonate that person;
• use a User Name or Weget Music account that is subject to any rights of a person other than you without appropriate authorization; use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Notwithstanding the foregoing, Weget Music reserves the right to authenticate your identity through an Open Authentication process, such as by using Facebook’s official development kit. If Weget Music uses an Open Authentication process, it will not store, manipulate, or otherwise have access to your password to Facebook or the other site providing the authentication. Weget Music reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Weget Music password and/or the passwords of any 3rd party accounts that you use to access Weget Music. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Weget Music in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Weget Music may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

Content

The written and visual Content of the Site, including all copyrightable materials, whether identified as such or not, trademarks and service marks, logos and designs, are the property of Weget Music/Music Supervisor Inc, copyright © 2012, unless stated otherwise, with the sole exceptions being the copyrighted musical works and sound recordings (including associated album artwork) that are uploaded by you and other users for ephemeral storage and non-interactive digital transmission, which are the property of the applicable rights-holders, and any images and sound recordings used in advertisements, which are the property of the advertiser. The intellectual property owned by Weget Music may be accessed, printed, downloaded and distributed for personal use only. It is not to be copied, reprinted, repurposed, redistributed, removed or republished in any manner for any purpose whatsoever. Under no circumstances may the content on this website be reproduced in principal part, mirrored, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written consent of Weget Music and only then will such reproduction, mirroring, framing, display, or republication be permitted if it contains the Weget Music copyright notice. All rights not expressly granted herein are reserved. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, “shouts”, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Weget Music on or through the Service.

User Submissions

Although Weget Music does not claim ownership of any Content added, created, uploaded, submitted, distributed, or posted to the Service (“User Submissions”), you automatically grant Weget Music an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute posted content other than musical works and sound recordings (which cannot be granted by the user but will be performed pursuant to all relevant statutory licenses or direct licenses obtained from the individual copyright holders) and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses thereof. Furthermore, by posting content to this website, you automatically grant Weget Music all rights necessary to itself engage in and prohibit by others any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of such content by any party for any purpose. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Weget Music will not be liable for any errors or omissions in any Content; and that Weget Music cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Weget Music in its sole discretion;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• involves commercial activities (whether or not for profit) and/or sales without Weget Music’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Weget Music or any third party;
• impersonates any person or entity, including any employee or representative of Weget Music;
• includes anyone’s identification documents or sensitive financial information; or
• breaches Weget Music‘s Privacy Policy and/or any of the other policies and rules incorporated and/or referenced herein. Weget Music has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not: (i) take any action that imposes or may impose (as determined by Weget Music in its sole discretion) an unreasonable or disproportionately large load on Weget Music’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Weget Music may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of Weget Music’s guidelines and policies. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Weget Music does not guarantee that any Content or User Submissions will be made available on the Site or through the Service. Weget Music has no obligation to monitor the Site, Service, Content, or User Submissions. However, Weget Music reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Weget Music is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Weget Music also reserves the right to access, read, preserve, and disclose any information as Weget Music reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Weget Music, its users and the public. Special Terms for Uploading Copyrighted Music Weget Music is designed to comply with the requirements of the statutory licenses applicable to the digital transmission of sound recordings found in Sections 112 and 114 of Title 17 of the United States Code (commonly referred to as the “Copyright Act”) and any implementing federal regulations, decisions of federal agencies or federal or state courts. Weget Music has a “zero tolerance” policy with regard to user actions that are inconsistent with the Copyright Act. In furtherance of this policy, you agree that you will not engage in the following practices that may constitute violations of sections of the Copyright Act:

• Allowing other users to automatically scan transmissions and make unauthorized copies of any kind;
• Performing anything other than a sound recording that is authorized for performance in the United States. NO UNAUTHORIZED BOOTLEGS, PREMATURELY LEAKED ALBUMS, OR OTHER RECORDINGS NOT AUTHORIZED BY THE ORIGINAL COPYRIGHT HOLDER ARE PERMITTED ON THE SERVICE;
• Circumventing, or attempting to circumvent, any identification or technological protection information included in this website’s audio streams, or causing identification or technological protection information to be disabled or removed (if any exists);
• Creating, or causing to be created, any programming consisting of sound recordings performed within one hour of a request by a listener or at a time specifically designated or requested by the listener, requesting that someone else do so, or conspiring with one or more users to effect that result;
• Publishing any advance program guides or using any other means to pre-announce when a particular sound recording will be played or the order in which they will be played, requesting that someone else do so or conspiring with one or more users to effect that result;
• Performing or causing to be performed more than two songs in a row from the same artist or album, requesting that someone else do so or conspiring with one or more users to effect that result;
• Performing or causing to be performed more than three songs from the same artist or album within a three-hour period, requesting that someone else do so or conspiring with one or more users to effect that result;
• Performing or causing to be performed more than three songs in a row from the same recording artist or anthology/box set, requesting that someone else do so or conspiring with one or more users to effect that result;
• Performing or causing to be performed more than four songs from the same recording artist or anthology/box set, requesting that someone else do so or conspiring with one or more users to effect that result. Violation of these provisions is grounds for immediate termination of your account and revocation of your permission to participate as a member or user of Weget Music.

The Digital Millennium Copyright Act

• Identify the material on this website that you claim is infringing, with enough detail so that we may locate it on this website;
• 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;
• A statement by you declaring under penalty of perjury that (1) the above information in your communication is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.

Weget Music fully complies with the notice and take-down provisions of Sections 512(c) and (g) of the United States Copyright Act. We also enforce a policy that provides for the termination of access to this website to contributors who are found to be repeat infringers or who otherwise violate the policies governing use of this website.

Third Party Sites and Services

The Service 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 Site. When you access third party websites, you do so at your own risk. These other websites are not under Weget Music’s control, and you acknowledge that Weget Music is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Weget Music or any association with its operators. You further acknowledge and agree that Weget Music shall not be responsible or liable, 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.

Termination

Weget Music may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Indemnification

You shall defend, indemnify, and hold harmless Weget Music, its affiliates and each of its, and its affiliates employees, contractors, members, managers, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Weget Music). Weget Music reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Weget Music in asserting any available defenses.

Limitation of Liability

ALL LIABILITY OF WEGET MUSIC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF LETSLISTEN, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100). IN NO EVENT SHALL LETSLISTEN, NOR ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT LETSLISTEN, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS FOR:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
• LOSS OF ACTUAL OR ANTICIPATED PROFITS;
• LOSS OF REVENUE;
• LOSS OF GOODWILL;
• LOSS OF DATA;
• LOSS OF ANTICIPATED SAVINGS;
• WASTED EXPENDITURE; OR
• COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
  NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA), NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
• DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
• FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
• ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.

Dispute Resolution & Governing Law A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Weget Music agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Save for users located in the EEA, the following arbitration and governing law provisions shall apply:

• These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in Los Angeles, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts with jurisdiction over Los Angeles, California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Government Use

The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

Integration and Severability

These Terms of Use are the entire agreement between you and Weget Music with respect to the Service and use of the Site, Service, Content or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Weget Music with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. 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.

Modification of Terms of Use

Weget Music reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Weget Music may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Cancellation of these Terms of Use

In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via the Site, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User Submissions, and/or provision or access of Content via the Site by such users.

Miscellaneous

Weget Music shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Weget Music’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Weget Music’s prior written consent. Weget Music may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Solely in respect of users located in the EEA , in respect of these Terms of Use and your use of this Site, Service, Content or User Submissions, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

Contact

You may contact Weget Music at the following address:
Weget Music/Music Supervisor Inc.
3209 Tareco Drive
Los Angeles, California 90068
Phone: (310) 738-3800
Email: support@wegetmusic.com