Terms & Conditions
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions (the “Terms and Conditions”) govern your use of the Discovery MusicSource Site (“DiscoveryMusicSource.com”) (the “Site”), as provided by Discovery MusicSource (“Discovery MusicSource”, “we” or “us”). By using the Site, you (“You”) and other users of the Site (collectively, “Users”) are deemed to have agreed to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. You should check these Terms and Conditions periodically for modifications. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications.
Modifications to the Site and the Services
Discovery MusicSource reserves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, Content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.
You warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with, any other person or entity, (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material), (c) attempt to gain unauthorized access to other computer systems through the Site, or (d) harvest, collect or store information about the users of this Site or the Content posted by us or others on this Site.
We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the rights to monitor the Site, to use notes and project information and project list information on the site posted by users, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. Discovery Communications, Inc. (“DCI”) does not assume any responsibility for the transmission, deletion or failure to store information submitted by you or other users to Discovery MusicSource.
Materials published by Discovery MusicSource on the Site (including, but not limited to, photographs, logos, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and owned or controlled by DCI. User shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site. Materials published by Discovery MusicSource on the Site (including, but not limited to, photographs, logos, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and owned or controlled by DCI. User shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site. DCI is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial uses of the Site are strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by DCI. If you make other use of the Site, except as otherwise provided above, you may be in violation of copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.
DCI does not solicit nor do they wish to receive any confidential, secret or proprietary information or other material from you through the Site or DCI’s mail and e-mail addresses, or in any other way. Any information or material submitted or sent to DCI will be deemed not to be confidential or secret. By submitting or sending information or other material to DCI, you represent and warrant that the information is original to you and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used in any manner. Any violation in whole or in part of any of these conditions to access DiscoveryMusicSource.com shall render any use made thereof by User unauthorized and infringing, and without limiting any remedies that DCI or any other party may have, User shall be liable for statutory damages to the maximum permitted by applicable law, along with other remedies available under the laws, including copyright laws, of the United States and other countries. USER HEREBY ACKNOWLEDGES AND AGREES TO THE ABOVE CONDITIONS AS A MATERIAL INDUCEMENT TO PERMIT USER’S ACCESS OF DISCOVERYMUSICSOURCE.COM
You understand and acknowledge that no data transmitted over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to DCI or post to the Site is done so at your own risk.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. DCI shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
Failure to Comply with Terms and Conditions and Termination
Your access to the Site may be terminated at any time, and without cause, by DCI. You acknowledge and agree that we may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of DCI, or are otherwise inappropriate for continued access. You agree to defend, indemnify and hold DCI and each of its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials on or through the Site by you.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS MATERIALS AND SERVICES IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DCI DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. DCI MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DCI OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. DCI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. DCI IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF DCI.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DCI OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF DCI OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF DCI TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00) (ONE HUNDRED DOLLARS).
The Terms and Conditions of Use have been made in and shall be construed in accordance with the laws of the State of Maryland. By using the Site, you consent to the exclusive jurisdiction of the state and federal courts located in Maryland, in all disputes arising out of or relating to this Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms and Conditions of use should be directed to DCI at firstname.lastname@example.org.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Service Provider: AT&T
Name of Agent Designated to Receive Notification of Claimed Infringement: Aaron Holbert
Full Address of Designated Agent to Which Notification Should Be Sent: Aaron Holbert, Legal Affairs, Discovery Communications, LLC, One Discovery Place, Silver Spring, MD 20910.
Telephone Number of Designated Agent: 240.662.0000
Facsimile Number of Designated Agent: 240.662.1903
E-Mail Address of Designated Agent: DMCA@discovery.com
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us 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;
- 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; and
- 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. We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Last updated June 23, 2010