MUSICWARS.COM 


TERMS OF SERVICE


1. Your Acceptance

A. By using this Website and creating an account, you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the musicwars Website.

B. Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://calpreps.com/cgi-bin/billboard/hot_100/musicwars_terms_service.pl. Musicwars may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


2. Musicwars Website

A. The musicwars Website contains links to third party websites (youtube.com) that are not owned or controlled by musicwars. Musicwars has no control over, and assumes no responsibility for, the content or practices of any third party websites. In addition, musicwars will not and does not have the ability to censor or edit the content of any third-party site. By using the Website, you expressly relieve musicwars from any and all liability arising from your use of any third-party website.

B. As such, we encourage you to be aware when you leave the musicwars Website and to read the terms and conditions of each other website that you visit.


3. Musicwars Accounts

A. In order to access any of the features of the Website, you will have to create a musicwars account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify musicwars immediately of any breach of security or unauthorized use of your account.

B. Although musicwars will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of musicwars or others due to such unauthorized use.


4. General Use of the Website-- Permissions and Restrictions

musicwars hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to our extensive compiled chart data, without musicwars' prior written authorization.

B. You agree not to use the Website for any commercial use, without the prior written authorization of musicwars.

C. You agree not to use or launch any automated system, including without limitation, "bots" or "spiders" that access the Website in a manner that sends more requests to the musicwars servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. the notes system) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

D. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

E. musicwars reserves the right to discontinue any aspect of the musicwars Website at any time.


5. Account Termination Policy

A. musicwars will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.


6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MUSICWARS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICWARS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MUSICWARS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSICWARS WEBSITE. MUSICWARS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUSICWARS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSICWARS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


7. Limitation of Liability

IN NO EVENT SHALL MUSICWARS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSICWARS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MUSICWARS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by musicwars from its facilities in the United States of America. musicwars makes no representations that the musicwars Website is appropriate or available for use in other locations. Those who access or use the musicwars Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


8. Indemnity

You agree to defend, indemnify and hold harmless musicwars, its parent corporation (calpreps.com LLC), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the musicwars Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the musicwars Website.


9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.


10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by musicwars without restriction.


11. General

You agree that: (i) the musicwars Website shall be deemed solely based in California; and (ii) the musicwars Website shall be deemed a passive Website that does not give rise to personal jurisdiction over musicwars, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and musicwars that arises in whole or in part from your use of the musicwars Website shall be decided exclusively by a court of competent jurisdiction located in Marin County, California. These Terms of Service and any other legal notices published by musicwars on the Website, shall constitute the entire agreement between you and musicwars concerning the musicwars Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and musicwars's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. musicwars reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the musicwars Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MUSICWARS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MUSICWARS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.