Terms & Conditions
1. Your Acceptance
BY USING OR VISITING THIS WEBSITE (together with all Content available through the MegaMuzic.com domain name and other sites owned, operated or controlled by MegaMuzic, Inc., the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) MEGAMUZIC'S PRIVACY POLICY at www.megamuzic.com/privacy/. These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions, the Privacy Policy, then please do not use the Website.
2. Links
The MegaMuzic Website may provide, or third parties may provide, links to other websites or resources. Because MegaMuzic has no control over such sites and resources, You acknowledge and agree that MegaMuzic is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that MegaMuzic 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 use of or reliance on any such content, goods or services available on or through any such website or resource.
3. Use of the Website
A. MegaMuzic hereby grants you permission to use the Website, provided that: (a) your use of the Website is solely for your personal, noncommercial use; (b) you will not copy, distribute or modify any part of the Website without MegaMuzic's prior written authorization; (c) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (d) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) you will not disrupt servers or networks connected to the Website; and (f) you comply with these Terms & Conditions.
B. In order to access some features of the Website, you will have to create an 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 MegaMuzic immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of MegaMuzic or others due to such unauthorized use. MegaMuzic will not be liable for your losses caused by any unauthorized use of your account.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the MegaMuzic servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. MegaMuzic grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MegaMuzic reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
D. MegaMuzic has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
4. User Submissions
1. The Website facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, MegaMuzic does not guarantee any confidentiality with respect to any User Submissions. MegaMuzic has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one MegaMuzic program to another program or portion of the Website.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize MegaMuzic to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.
3. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MegaMuzic, you hereby grant MegaMuzic, in addition to any other rights which it has pursuant to any other program established by MegaMuzic, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and MegaMuzic's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). With regard to User Submissions , you may notify MegaMuzic to remove the User Submission from the Website, and MegaMuzic will do so within a reasonable time period, at which point the foregoing license to MegaMuzic will terminate.
4. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
5. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant MegaMuzic all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MegaMuzic or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. MegaMuzic does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MegaMuzic expressly disclaims any and all liability in connection with User Submissions.
6. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that MegaMuzic is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against MegaMuzic with respect thereto, and agree to indemnify and hold MegaMuzic, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
7. MegaMuzic does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MegaMuzic expressly disclaims any and all liability in connection with User Submissions. MegaMuzic does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MegaMuzic will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MegaMuzic reserves the right to remove Content and User Submissions without prior notice.
5. Copyright and Content Policy
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
MegaMuzic, Inc.
19 Grushevskogo st.
Burstyn, Ivano-Frankivsk reg. 77111
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification
If you elect to send us a counter notice, please go to our Help Center to access the instructions.
Please note that , any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
6. Submission Rules
* No cloning allowed. We're talking about duplicating entrys that already exist on the site. So before you upload a entry to MegaMuzic, please conduct a search to see if it already exists here.
* We want MegaMuzic to serve as wide a community as possible. This means we will not allow sexually explicit videos on the site.
* MegaMuzic will reject videos which portray illegal acts of violence or videos that show or imply human fatalities however newsworthy such footage may seem in context.
* Package your entrys with killer titles, descriptions, thumbnails to attract viewers.
* Your entry file must be under 100MB.
* We accept the following formats:
video MOV, MPEG, MPG, MP4, WMV, VOB, AVI.
audio MP3, WAV, WMA, MP4, M4A, MP2, VQF, APE, OGG, AAC.
guitar pro tab *.gp5, *.gp4, *.gp3.
sibelius scorch tab *.sib.
