mmlovemusic TERMS OF USE

Ownership of Site - Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the mmlovemusic web site located at www.mmlovemusic.com, and all associated sites linked to www.mmlovemusic.com by mmlovemusic, its subsidiaries and affiliates. The Site is the property of mmlovemusic.com (“mmlovemusic”) and its licensors. By using the site, you agree to these terms of use, if you do not agree; do not use the site.

1. General
Webservice operates a computer server system with its own software that enables Webservice to run services for the legal download of music files (“DOWNLOAD-SHOP of mmlovemusic”). Using a common web browser or the client software of the Webservice the end user/customer obtains access to the server systems of the Webservice on which music files and affiliated data are stored. Aforementioned Webservice client software is system-compatible with all common computer operation systems (Microsoft Windows, Apple Mac OS, Linux). Individual tracks purchased by the customer can be played on any common device for digital audio playback (music). Webservice does not warrant for universal compatibility.

2. Contracting Parties
2.1. Purchasing Music Files: Contracting party of customers who purchase music files, communicated to the public by the Webservice, is mmlovemusic. The subsequent stipulations determine the contractual relation between the customer, who downloads music files on a storage device and the Webservice making available music files on its computer server systems.

2.2. Third Party offers: Third parties may offer goods and other services (e.g. retailers of mp3 players) over the Webshops and Websites as reffered to in Section 1. In case the customer uses such additional services or buys goods offer by third parties, any contracts are concluded with the third party and the customer exclusively and imminently.

3. Conditions of Use
3.1. System Requirements: The customer requires a computer equipped with a soundcard, an operating system Windows 98 and up, Apple Mac OS and up. A connection to the Internet (preferably DSL), a mp3-player installed on computer, a valid e-mail address and as the case may be a CD-burning device with the respective software.

3.2. Browser-based Webshop: Customers can get access to the Webservise by using an Internet browser (e.g. Mozilla Firefox, Windows IE) and pay for the music files by using the implicated payment systems. Those services provided by offeror of payment systems are subject to their respective General Terms of Use. These can be referred to on the payment systems supplier’s individual websites.

4. Services Characteristics
4.1. Pre-Listening: Each match on the list features a “listen” button that will playback a significant sound bite of up to 30 seconds upon activation. The sound bites cannot be downloaded or stored and function exclusively as an assisting feature to facilitate the user’s decision to purchase a music file.

4.2. Price: The price for the right of use is indicated in either a currency such as but not limited EURO or Dollar and more. Paypal handles all currency conversion automatically. You can get more detailed information regarding fees at paypal.com.

4.3. Payment: Transactions are handled by Paypal - the internationally acclaimed secure payments service. Paypal is secure reliable and it doesn’t cost you anything extra to use.

5. Right of Revocation
Since the subject matter (data) is inappropriate for restitution, no right of revocation according to § 312d Section 4 No. 1 of the German Civil Code (BGB) is granted. In case of a release of defective data (track/tracks) the customer will be supplied with flawless data (track/tracks) without charge. Credit notes will be rendered if the customer provides evidence that data transfer and data release proved unsuccessful. Customers can report occurring difficulties during the purchase procedure via e-mail to the Webservice or to the office address mentioned in the imprint.

6. Grant of Rights
6.1. Rights of Use: Through purchase the customer is granted a non-transferable right to use the purchased music titles explicitly for his own personal and non-commercial use. Usually the rights of use include the right to copy the track to storage devices and burn it on data carriers that shall be played for non-commercial purpose only. The utilization of the tracks can be subject to limitation through a digital rights management system (DRM). The transfer of data acquired from the Webservice into networks by the customer is prohibited. Any usage of the acquired data by the customer is subject to legal regulations, particularly copyright law.

6.2. Watermark: The Webservice reserve the right to furnish the offered music files with a digital watermark. Digital watermarks consist of unnoticeable information that is added in copyrighted data. It can contain information about the data’s origin.

7. Content
All text, graphics, cd-covers, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to mmlovemusic, and is protected by copyright, patent and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without mmlovemusic’s express prior written consent.

You may use information on mmlovemusic products and services purposely made available by mmlovemusic for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

8. Liability
8.1. Liability of the Customer: The customer is entirely responsible for maintaining the confidentiality of his account information, including his password, and for any and all activity that occurs under his account. The customer hereby agrees to and does hereby indemnify, save, and hold Webservice harmless from any and all damages, liabilities, costs, losses and expenses (including legal costs and attorneye`s fees ) arising out of or connected with any claim, action, demand, or action by a third party which is inconsistent with any liability of the customer and agrees to reimburse Webservice, on demand, for any payment made by Webservice at any time with respect to any such damage, liability, cost, loss or expense

9. Violation of These Terms of Use
mmlovemusic may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) mmlovemusic’s rights or property, or the rights or property of visitors to or users of the Site, including mmlovemusic’s customers. mmlovemusic reserves the right at all times to disclose any information that mmlovemusic deems necessary to comply with any applicable law, regulation, legal process or governmental request. mmlovemusic also may disclose your information when mmlovemusic determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that mmlovemusic may preserve any transmittal or communication by you with mmlovemusic through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or mmlovemusic determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of mmlovemusic, its employees, users of or visitors to the Site, and the public.

You agree that mmlovemusic may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to mmlovemusic, for which monetary damages would be inadequate, and you consent to mmlovemusic obtaining any injunctive or equitable relief that mmlovemusic deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies mmlovemusic may have at law or in equity.

You agree that mmlovemusic may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If mmlovemusic does take any legal action against you as a result of your violation of these Terms of Use, mmlovemusic will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to mmlovemusic. You agree that mmlovemusic will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

10. Tracks and Materials
The Tracks and Materials are owned by mmlovemusic, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license their musical or other content to mmlovemusic for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the Tracks and Materials is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any Tracks or Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise mmlovemusic promptly of any such unauthorized use(s).

11. User Content Posted on or Linked to from the Web Services
a) You are solely responsible for the User Content that you post on the Web Services or any material or information that you transmit to other Members. You understand and agree that mmlovemusic may review and delete or refuse to post any content, messages, photos, N-archive submissions or profiles you publish or display on, or otherwise link to (collectively, “post”), the Web Services (collectively, “User Content”) that in the sole judgment of mmlovemusic violate this Agreement, any additional policies or terms or conditions of use that we may message on our Website or otherwise to you or which may be offensive, illegal or violate the rights of, harm, or threaten the safety of any third party.

b) Information provided by other Members and users (for instance, in their profile or in N-archive) may contain inaccurate, inappropriate or offensive material, products or services and mmlovemusic assumes no responsibility or liability for this material. mmlovemusic is not responsible for communications and actions of other Members to you.

c) By posting User Content to the Web Services you automatically grant, and you represent and warrant that you have the right to grant, to mmlovemusic an irrevocable, perpetual, royalty free, non-exclusive, transferable, fully paid, worldwide license to use, copy, perform, display, and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

d) The following is a partial list of the kind of User Content that is illegal or prohibited on the Web Services. mmlovemusic reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited User Content includes content that:

i. is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii. violates any law, statute, ordinance or regulation;

iii. harasses or advocates harassment of another person;

iv. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

v. promotes false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

vi. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files and/or otherwise infringes the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;

vii. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

viii. exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

ix. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

x. solicits passwords or personally identifying information for commercial or unlawful purposes from other users;

xi. involves commercial activities and/or sales without mmlovemusic’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

xii. uses sexually suggestive imagery or any other unfair, misleading or deceptive content.

e) You must use the Web Services in a manner consistent with any and all applicable laws and regulations.

g) You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Web Services. You may not transmit any chain letters or junk email to other Members. Although mmlovemusic cannot monitor the conduct of its Members off the Web Services, it is also a violation of these rules to use any information obtained from the Web Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, mmlovemusic reserves the right to restrict the number of emails or messages which a Member may send to other Members.

h) You may not cover or obscure any banner or other advertisements on your personal profile page, or any mmlovemusic page via HTML/CSS or any other means.

i) Any automated use of the system, such as using scripts to add friends or fans, is prohibited.

j) You may not attempt to impersonate another user or person.

m) You agree that you will not: (i) take any action that imposes, or may impose in mmlovemusic ’s sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of any of the Web Services, or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website or any of the Web Services.

12. Miscellaneous
12.1. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, and the courts of the Federal Republic of Germany shall have the exclusive jurisdiction to determine all matters arising hereunder.

12.2. The courts of Hamburg shall have the original jurisdiction and shall be the place of performance.

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