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Terms of Service

EFFECTIVE AS OF 09/12/2019

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY CLICKING TO ACCEPT OR AGREE TO THIS TERMS OF SERVICE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THE PRIVACY POLICY FOUND AT www.musiciansbass.com/privacy-policy, AND ANY DOCUMENT EXPRESSLY INCORPORATED HEREIN BY REFERENCE (collectively, these “terms”). IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THESE TERMS  BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THESE TERMS, YOU SHALL NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

ACCEPTANCE OF TERMS

These Terms are a legally binding agreement entered into by and between  the users, whether registered or not (“You”), and MUSICIAN’S BASS, INC., also known as MBASS, located at PO Box 7383, Santa Cruz, California 95061, governing Your access and use of the website located at www.musiciansbass.com (the “Site”), including any contents, functionalities and services offered on or through the Site. 

CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms from time to time in our sole discretion.  All changes are effectively immediately upon the Terms, as modified, are posted on the Site.  Your use of the Site following the effective date of any modification to these Terms will constitute your acceptance of these Terms, as modified.  You hereby agree that notice on the Site of such modification is adequate notice.    

ACCESSING THE SITE AND REGISTRATION

The Site provides management tools as a service for musicians.   

Any and all visitors to the Site, whether registered or not, are individually referred to as an “User” and collectively as “Users” for the purposes of these Terms. Once a person registers for the Site, through the process of creating an account, the User shall then become a “Member”.

To become a Member, you must be at least 18 years of age. In addition, you must not have been previously barred from receiving MBASS’s services under any agreements previously entered into with MBASS and the laws and statutes of the United States or other applicable jurisdiction.

When you register, MBASS may collect information such as your name, e-mail address, gender, occupation, and music industry role. You can edit your account information at any time. You acknowledge and agree that all information you provide to register with this Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy found at www.musiciansbass.com/privacy-policy, and You consent to all actions we take with respect to your information consistent with our Privacy Policy. 

By registering with the Site, You agree to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, MBASS will have sufficient grounds and rights to suspend or terminate the Member as a violation of these Terms, and MBASS reserves the rights to refuse to offer You any and all current or future use of MBASS services, whether or not offered through the Site. 

It is our priority to ensure the safety and privacy of all its visitors, Users and Members, especially that of children. Therefore, if a child under the age of 13 wishes to access the contents, functionalities or services of the Site offered to a Member, a family account (“Family Account”) must be created by an individual who certifies to MBASS, through sign and send the consent form to MBASS to the address provided at the end of these Terms,  that he or she is (i) 18 years of age or older and (ii) the parent or legal guardian of the child or children who wish to access our services on the Site (“Guardian”).  As the creator of the Family Account, he or she is thereby granting permission for his/her child or children to access the Site, including, but not limited to, message boards, email, and/or instant messaging. It is the Guardian’s responsibility to determine whether any of the services, functionalities and/or content provided are age-appropriate for his/her child. For avoidance of doubt, the Guardian is the Member of the Family Account, whereas the Guardian’s child or children who wish to access the Family Account may only use the Family Account as permitted by the Guardian. We will not request (nor allow) the child or children to enter any Personal Information, as defined in the Privacy Policy, on the Site.     

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of these Terms. It shall be Your sole responsibility to notify MBASS. immediately if You notice any unauthorized access or use of Your account or password or any other breach of security. MBASS shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of these Terms.

CHANGES TO THE CONTENT, SERVICE OR FUNCTIONALITY OF THE SITE

We may change, expand and improve the site without prior notice to You.  We may also, at any time, cease to continue operating art of all of the Site or selectively disable certain aspect of the Site. Any modification on the Site will be done in our sole discretion and without any ongoing liability or obligation to You.

We further reserve the right to update, change, suspend, terminate and/or cancel to offer any of our services provided on the Site. You, as the User and/or Member, acknowledge, accept and agree that any such updates, modifications, suspensions or discontinuance of any of our services provided on the Site will be done in our sole discretion and without any ongoing liability or obligation to You.

WARRANTY DISCLAIMER

The User and/or Member understands, acknowledges and agrees that the contents, functionalities and services offered on or through the Site shall be provided “AS IS” and as such MBASS. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms.  You agree not to use the Site for the purposes of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

b) causing harm to minors in any manner whatsoever;

c)  falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d) forging artist/band names, captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;

j) interfering with or disrupting any MBASS services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, federal, national or international law;

l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;

m) “stalking” or with the intent to otherwise harass another individual; or

n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Any aforementioned act described above is a “Prohibited Act”.  Any such Prohibited Act shall immediate terminate Your license to use the Site. 

USER CONTENT

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services“) that allow Users or Members to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contents“) on or through the Site.

All User Contents are generated, owned and controlled solely by You.  We do not claim any ownership rights in the User Contents. 

To post or upload any User Contents on or through the Site, You hereby represent and warrant that:

  • You own or control all rights in and to the User Contents 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.
  • All of your User Contents do and will comply with these Terms. 

To the extent it is necessary in order for MBASS to provide you with any of the services offered on the Site, You hereby grant a limited, worldwide, non-exclusive, royalty-free and fully-paid license to use Your User Contents, subject to the following terms:

a) for User Contents submitted or made available for inclusion on the publicly accessible areas of the Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said User Content on our Site is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a Member of the Site, and shall terminate at such time when you elect to discontinue your membership.

b) for photos, audio,video and/or graphics submitted or made available for inclusion on the publicly accessible areas of MBASS’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said User Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a Member of the Site and shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of MBASS’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such User Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of the Site are those such areas of our network properties that are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to Members only, would include our mail system and instant messaging.

You acknowledge and agree that you are responsible for any User Contents you submit or contribute, and you, not MBASS, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contents posted by you or any other user of the Site.

MBASS herein reserves the right to remove or delete any User Content that would violate these Terms or which would otherwise be considered offensive to other visitors, Users and/or Members. You acknowledge and agree we are not liable to You for any User Content we deleted on the Site.

PROPRIETARY RIGHTS OF MBASS AND THIRD-PARTIES PROVIDERS

The site and its entire contents, features, functionalities, (including but not limited to all marks, whether registered or not, any third-party advertisements, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof but except the User Contents) are owned by MBASS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not:

  1. Modify copies of any materials from this site;
  1. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  1. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
  1. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the site, subject to and in accordance with these Terms. Unless otherwise expressly agreed in writing, you are permitted to use, display or run the Site on your computer, or smart mobile end-device.

CONTRIBUTIONS TO COMPANY WEBSITE

MBASS provides an area for our Users and Members to contribute feedback to the Site. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our Site, you acknowledge and agree that:

  • your Contributions are not User Contents as defined in these Terms;
  • your Contributions do not contain any type of confidential or proprietary information;
  • MBASS shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  • MBASS shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  • the contributor’s Contributions shall automatically become the sole property of MBASS; and
  • MBASS is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

PAYMENT

If You want to purchase any services or products on or through the Site, You need to provide a valid credit card number (or other approved electronic payment methods) and associated payment information (“Credit Card”). By submitting that information on the Site, You hereby agree that Your Credit Card information will be stored by a third-party payment service operator PayPal (the “Payment Service”) and that dependent on Your approval of the service or product purchased, your credit card will be authorized and charged through a secured transaction or transactions handled by the Payment Service. The Payment Service receiving Your Credit Card information will use Your payment method information to verify the account number, the existence of funds, and process the transactions according to the payment terms specified in the applicable purchase order.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of the Site you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of the Site, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  • are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  • agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  • agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

INDEMNITY

All Users and/or Members herein agree to insure and hold MBASS, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any User Content or any other content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Site, the use of the Site or your connection with the services provided through the Site, your violations of these Terms and/or your violation of any such rights of another User or Member of the Site. 

COMMERCIAL REUSE OF SERVICES

The Member or User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Site. 

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that MBASS may set up any such practices and/or limits regarding the use of our services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by MBASS, the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on MBASS’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our services in a given period of time. In addition, you also agree that MBASS has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, MBASS shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on MBASS’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on www.musiciansbass.com. It is your agreement to these Terms which establishes your consent to allow MBASS to store any and all communications on its servers.

TERMINATION

As a member of www.musiciansbass.com, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to [email protected].


As a Member, you agree that MBASS may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of these Terms or any other incorporated agreement, regulation and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities;

g) and/or the nonpayment of any associated fees that may be owed by you in connection with your www.musiciansbass.com account Services.

Furthermore, You herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.


The termination of your account with the Site shall include any and/or all of the following:

  • the removal of any access to all or part of the Services offered within the Site;
  • the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  • the barring of any further use of all or part of our services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Site, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that MBASS shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on the Site.

LINKS

Either MBASS or any third parties may provide links to other websites and/or resources. Thus, You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, You acknowledge and agree that MBASS shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF THE SITE ARE AT THE SOLE RISK BY YOU. OUR SITE, SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MBASS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) MBASS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE SITE, MBASS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, MBASS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SITE, MBASS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SITE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE SITE, MBASS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MBASS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MBASS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  • THE USE OR INABILITY TO USE OUR SERVICE;
  • THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  • UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  • STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release MBASS (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

MBASS will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, MBASS may disable and/or terminate the accounts of any user who violates these Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  • The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  • A description of the location of the site which you allege has been infringing upon your work;
  • Your physical address, telephone number, and email address;
  • A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  • a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

For any such alleged violation, please sent the notice to MBASS (address located at the end of these Terms). 

ENTIRE AGREEMENT

These Terms constitutes the entire agreement between you and MBASS and shall govern the use of the Site, superseding any prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and MBASS with regard to these Terms that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to these Terms, or the relationship between you and MBASS, shall be filed within the courts having jurisdiction within the County of Santa Cruz, California or the U.S. District Court located in said state. You and MBASS agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should MBASS fail to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or these Terms must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of these Terms to MBASS as follows:

Mailing Address:
MUSICIAN’S BASS, INC.
PO Box 7383
Santa Cruz, California 95061
Email: [email protected]