MUSICSOURCE TERMS AND CONDITIONS
Welcome to Discovery MusicSource. Please read these Terms and Conditions; they apply to all websites and webpages where they are posted (collectively the “MusicSource Site”). By using the MusicSource Site, you accept the Terms and Conditions.
If you disagree with any material you find on the MusicSource Site, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at (240) 662-0000 or by contacting MusicSource at ——–@discovery.com.
The material that appears on the MusicSource Site is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the MusicSource Site, you should confirm any facts that are important to your decision. MusicSource and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the MusicSource Site. MusicSource is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by MusicSource or its licensors.
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 the Designated Agent for Discovery Communications, LLC (“DCL”): Leah Montesano, Legal, One Discovery Place, Silver Spring, MD 20910; 240.662.0000 (telephone); 240.662.1492 (fax); DMCA¬firstname.lastname@example.org (e-mail).
To be effective, the notification must be a written communication that includes the following:
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;
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 Content for any purpose except as otherwise provided by DCL. You may use the Content only in connection with a Discovery-related project. Any other use of Content is unauthorized and strictly prohibited. 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.
DCL does not solicit nor do it wish to receive any confidential, secret or proprietary information or other material from you through the Site or DCL’s mail and e-mail addresses, or in any other way. Any information or material submitted or sent to DCL will be deemed not to be confidential or secret. By submitting or sending information or other material to DCL, 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 your use unauthorized and infringing, and without limiting any remedies that DCL or any other party may have, you may 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. YOU HEREBY ACKNOWLEDGE AND AGREE TO THE ABOVE CONDITIONS AS A MATERIAL INDUCEMENT TO PERMIT YOUR 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.
Without the prior written permission of MusicSource, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the MusicSource Site, or incorporate any intellectual property of the MusicSource Site, MusicSource or any of their licensors into another website or other service.
We do not want anyone to be confused as to which materials and services are provided by MusicSource and which are not. You may not use any trademark or service mark appearing on the MusicSource Site without the prior written consent of the owner of the mark.
ACCURACY OF INFORMATION
MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE MUSICSOURCE SITE.
THE MUSICSOURCE SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. DCL CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE MUSICSOURCE SITES, NOR DOES DCL GUARANTEE THAT THE MUSICSOURCE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE MUSICSOURCE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL DCL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE MUSICSOURCE SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE MUSICSOURCE SITES, DISCOVERY COMMUNICATIONS, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE MUSICSOURCE PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE MUSICSOURCE SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO THE MUSICSOURCE PARTIES FOR THE USE OF THE MUSICSOURCE SITES.
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Site, other than disputes related to or involving DCL’s intellectual property or DCL’s licensed intellectual or proprietary rights, you and DCL mutually agree to the following dispute resolution procedure:
1. The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
2. If the parties are unable to resolve the dispute through informal negotiation, you and MusicSource agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the New York, N.Y., area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR
RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, MusicSource will pay all filing, JAMS, and arbitrator’s fees and expenses.
3. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
In the event that you have contracted with DCL or its parents, subsidiaries, or affiliates for the production of a Discovery project and the applicable contract sets forth a different dispute resolution procedure, then that dispute resolution procedure shall be controlling.
CHOICE OF LAW
This Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of law principles.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
CHOICE OF FORUM
By using the MusicSource Site, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Maryland.
You agree to indemnify, defend and hold harmless DCL and its parents, subsidiaries, and affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any MusicSource Site using your account.
If any portion of these Terms and Conditions is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms and Conditions, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms and Conditions.
By using the MusicSource Site, you agree to abide by the terms of these Terms and Conditions. We hope you enjoy using the MusicSource Site, and we welcome suggestions for improvements. Thanks for making the MusicSource Site part of your discoveries online!