Benefit Music is a social networking website that allows members to create unique personal profiles as either a fan or musician. All musicians are welcome to join the website to promote their music worldwide for free. However, this competition is meant to help local musicians get their music heard worldwide. Musicians with or have had major label support or financing are not eligible for the cash prizes, but are welcome to join for marketing purposes. Additionally, all fans are welcome to join the competition for free to promote their favorite bands. However, the fan achievements for cash prizes are meant for real fans of music voting for their favorite music and not companies or corporations. Any fans with major financial support are not eligible for the cash prizes. The services offered by Benefit Music include any Benefit Music-branded URL (the “Benefit Music Website”), Benefit Music messaging services (including, without limitation, instant messaging, private messaging, and email services), Benefit Music video/music services, Benefit Music developer services, Benefit Music mobile services, and any other features, content, or applications offered from time to time by Benefit Music in connection with Benefit Music (collectively, “Benefit Music Services”). Benefit Music Services (BMS) are hosted in the United States.
Benefit Music reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on BMS. Your continued use of BMS following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of BMS immediately. You may receive a copy of this Agreement by contacting us at support@BenefitMusic.com.
By using BMS, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
By registering on Benefit Music as a fan or musician you are automatically entered into our quarterly music competition. Musicians move higher in the competition from the total number votes from fans generated from videos, music, photos, news and events posted. Fans are also in the competition by gaining achievement points through voting and sharing on other social media sites. Please view the competition guidelines for more info on cash rewards. The cash prizes and rewards distributed at the end of the competition are for independent fans and musicians only and are paid out within 30-60 days after end of quarter. Any fans or musicians who have received financial or material support may not be eligible and is at the sole discretion of Benefit Music. Participation in the annual music competition is designed to assist musicians and fans to promote their favorite music through a quarterly music competition and is intended to be for entertainment and promotional purposes only. Cash prizes are a bonus to be paid out at the end of each quarter. Benefit Music has developed a security system in place to protect from criminals attacking the system but can’t guarantee that criminal activity will never take place. Participation in the Benefit Music annual music competition guidelines is also governed by our Competition Guidelines, which is incorporated into this Agreement by this reference.
Benefit Music reserves the right to modify the competition guidelines and cash rewards at any time and from time to time, and each such modification shall be effective upon posting on Competition Guidelines and/or the Terms and Conditions. Your continued use of BMS following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review the Competition Guidelines and Terms and Conditions regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of BMS immediately.
BMS are soley responsible for reporting income from Benefit Music to respective local governments for tax purposes.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use BMS or are a Member. You may terminate your Membership at any time, for any reason, by sending an email to support@Benefit Music.org. Benefit Music reserves the right to terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Benefit Music reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of BMS at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Benefit Music reserves the right, in its sole discretion, to reassign or rename your profile URL. Benefit Music expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of BMS if Benefit Music determines, in its sole discretion, that you have violated this Agreement or pose a threat to Benefit Music, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Benefit Music immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
USE BY MEMBERS
BMS are for the personal use of Members and may only be used for entertainment and promotional purposes if they are specifically endorsed or authorized by Benefit Music. Benefit Music reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of Benefit Music Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to BMS, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Benefit Music reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of BMS.
PROPRIETARY RIGHTS IN CONTENT POSTED
Benefit Music does not claim any ownership rights in the text, files, images, photos, video, music, merchandise, news, events, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with BMS. After posting your Content on, through or in connection with BMS, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with BMS, you hereby grant to Benefit Music a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with BMS, including, without limitation, through BMS to applications, widgets, websites or mobile, desktop or other services which are linked with your Benefit Music account (collectively, “Linked Services”), including, without limitation, distributing part or all of BMS and any Content included therein, in any media formats and through any media channels. This limited license does not grant Benefit Music the right to sell or otherwise distribute your Content outside of BMS or Linked Services. The foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of BMS, Benefit Music is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
The license you grant to Benefit Music is non-exclusive (meaning you are free to license your Content to anyone else in addition to Benefit Music), fully-paid and royalty-free (meaning that Benefit Music is not required to pay you or anyone else deriving rights from you for the use on BMS of the Content that you post), sub licensable (so that Benefit Music is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide BMS), and worldwide (because the Internet and BMS are global in reach).
You represent and warrant that: (i) you own the Content posted by you on, through or in connection with BMS, or otherwise have the right to grant the license set forth above, and (ii) the posting of your Content on, through or in connection with BMS and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through BMS and/or Linked Services.
BMS contain Content of Benefit Music (“Benefit Music Content”). Benefit Music Content is protected by copyright, trademark, patent, trade secret and other laws, and Benefit Music owns and retains all rights in the Benefit Music Content and BMS. Benefit Music hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Benefit Music Content (excluding any software code) solely for your personal use in connection with viewing the Benefit Music Website and using the BMS.
BMS contain Content of Users (“User Content”). Except as otherwise provided within this Agreement, you may not copy, download, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through BMS.
Benefit Music Services contain Content of third party licensors that are not Users (such licensors, “Third Party Licensors” and such content “Third Party Content”). Third Party Content is protected by copyright, trademark, patent, trade secret and other laws, and each Third Party Licensor retains all rights in its Third Party Content. You are hereby granted a limited, revocable, non-sublicensable license to view, or listen to, as applicable, the Third Party Content solely for your personal, non-commercial use in connection with viewing and using BMS. Except for the foregoing limited license, and except as otherwise expressly provided in writing by Benefit Music, you are granted no right, title or interest in any Third Party Content. You are only granted a limited license and there is not a sale with respect to Third Party Content. Except as otherwise provided within this Agreement or directly authorized by Benefit Music and/or a Third Party Licensor on the BMS (e.g., as part of a promotion that encourages you to download specific Third Party Content for your use in connection with such promotion), you may not copy, download, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third Party Content.
Benefit Music performs technical functions necessary to offer BMS, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout BMS. In addition, you agree and acknowledge that Benefit Music may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with BMS. Benefit Music reserves the right to limit the storage capacity of Content that you post on, through or in connection with BMS.
Please choose carefully the information that you post on, through or in connection with the BMS and that you provide to other Users. Your Benefit Music profile may not include any form of Prohibited Content. Despite this prohibition, information, materials, products or services provided by other Benefit Music Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Benefit Music assumes no responsibility or liability for this material.
Benefit Music may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, content that in the sole judgment of Benefit Music violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Benefit Music assumes no responsibility for monitoring the BMS for inappropriate Content or conduct. If at any time Benefit Music chooses, in its sole discretion, to monitor the BMS, Benefit Music nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on, through or in connection with any of the BMS, and any material or information that you transmit to other Members and for your interactions with other Users.
The following are examples (but not limited to) of the kind of Content that is illegal or prohibited to post on, through or in connection with the BMS. Benefit Music reserves the right to investigate and take appropriate legal action against anyone who, in Benefit Music’s sole discretion, violates this provision, including, without limitation, removing the offending Content from BMS, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Benefit Music:
- If it is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- If you harass or advocate harassment of another person;
- If you exploit people in a sexual or violent manner;
- If it contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- If it solicits or is designed to solicit personal information from anyone under 18;
- If you publicly post information that poses or creates a privacy or security risk to any person;
- If it constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- If it constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- If it involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- If it contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- If it furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- If it solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- If it involves commercial activities and/or sales without prior written consent from Benefit Music such as contests, sweepstakes, barter or advertising;
- If it includes a photograph or video of another person that you have posted without that person’s consent;
- If for a band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
- If it violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Benefit Music Website and through your use of the BMS. Benefit Music reserves the right to investigate and take appropriate legal action against anyone who, in Benefit Music’s sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
- Any criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Any advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of BMS. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Benefit Music reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Benefit Music deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through BMS, you acknowledge that you will have caused substantial harm to Benefit Music, but that the amount of such harm would be extremely difficult to ascertain.
- Any circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of BMS;
- Any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Any modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from BMS other than your Content which you legally post on, through or in connection with the BMS;
- Any providing or using “tracking” or monitoring functionality in connection with Benefit Music Services, including, without limitation, to identify other Users’ views, actions or other activities on BMS;
- Any covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Benefit Music page via HTML/CSS or any other means;
- Any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
- Using BMS in a manner inconsistent with any and all Applicable Law.
PROTECTING COPYRIGHTS/INTELLECTUAL PROPERTY
Benefit Music respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark or other proprietary rights of any person or entity. It is Benefit Music’s policy to terminate, in appropriate circumstances, the membership of violators.
If you believe your work has been copied and posted on or through the BMS in a way that constitutes copyright infringement, please send Benefit Music a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on BMS (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Benefit Music provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact Benefit Music at support@Benefit Music.com.
You are solely responsible for your interactions with other Benefit Music Users, third party developers or any other parties with whom you interact through the Benefit Music Services and/or Linked Services. Benefit Music reserves the right, but has no obligation, to become involved in any way with these disputes.
Benefit Music is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with Benefit Music Services or Linked Services, by Users of BMS or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Benefit Music. In addition, Benefit Music is not responsible for any damage, injury or loss caused by Users of the BMS or by any of the equipment or programming associated with or utilized in the BMS or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the BMS may contain links to other websites or services. Benefit Music is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Benefit Music. Inclusion of any linked website or service on the BMS does not imply approval or endorsement of the linked website or service by Benefit Music. When you access these third party sites and services, you do so at your own risk. Benefit Music takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with BMS or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Benefit Music is not responsible for the conduct, whether online or offline, of any User of BMS or Linked Services. Benefit Music assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Under no circumstances shall Benefit Music be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of Benefit Music Services or Linked Services, attendance at a Benefit Music event, from any User Content posted on or through BMS or Linked Services, or from the conduct of any Users of BMS, whether online or offline. BMS and Linked Services are provided “AS-IS” and as available and Benefit Music expressly disclaims any warranty for a particular purpose or non-infringement. Benefit Music cannot guarantee and does not promise any specific results from use of the Benefit Music Services or Linked Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BENEFIT MUSIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF BENEFIT MUSIC SERVICES OR LINKED SERVICES, EVEN IF BENEFIT MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BENEFIT MUSIC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BENEFIT MUSIC FOR THE BENEFIT MUSIC SERVICES DURING THE TERM OF MEMBERSHIP.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and Benefit Music agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or Benefit Music Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold Benefit Music, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of BMS in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with BMS.
This Agreement is accepted upon your use of the Benefit Music Website or any of the BMS and is further affirmed by you becoming a Member. Your agreement with Benefit Music will always include this Agreement at a minimum. Your access and use of certain BMS will require you to accept additional terms and conditions applicable to such certain BMS, in addition to this Agreement, and may require you to download Software or Content. The failure of Benefit Music to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please send an email to support@Benefitmusic.org