Terms and Conditions

Musicbrackets.com Terms and conditions

April 2012

Musicbrackets, LLC ("Music Brackets" "we" or "our") operating under the name of Musicbrackets.com is a social network which allows members to create distinct profiles online to help find other members with the same interests. Musicbrackets offers services to it's members that include, but are not restricted to, email, private messaging, a media player for music distribution, video distribution, monthly artist competition and many other services incorporated with the Music Brackets, LLC.

  1. Becoming a Member: When registering to become a member of Musicbrackets.com and using the Musicbrackets services you personify and permit that all information given during the registration process is correct and you will update any current changes needed to maintain the authenticity of this information. As a new member of Musicbrackets.com you epitomize that you are 13 years or older or can verify your parental consent furnished to Musicbrackets LLC. with the Children's Online Privacy Protection Act of 1998. By agreeing to the terms and conditions of Music Brackets you acknowledge that Music Brackets LLC. may use the information given within the means of the company's privacy policy.
    1. As a member you will be required to create a password. You are completely responsible for preserving the confidentiality of the password you have created. You agree that if you believe your account has been accessed by an unauthorized party you will inform Musicbrackets.com immediately. Therefore you also agree to never use another member's account, username, email address, password or any other information given in the Musicbrackets.com registration, and will never reveal your own password to any third party.
    2. Memberships to musicbrackets.com website may be terminated by either Music Brackets LLC. or yourself. After termination you will no longer be able to access the services provided by Music Brackets LLC. Musicbrackets will terminate only in cases where the members have violated the sites terms and conditions as well as/or the sites privacy policy.
  2. Services: These terms and condtions apply to all members and users of the service provided by Music Brackets, including users who also contribute content through these services. Music Brackets content and services include but are not limited to text, software, script, graphics, media player, photos, sounds, music, videos, audio video combinations, interactive features media uploader, internal website links , and other materials you may view use and access through the Music Brackets services. User/Member content is listed in (section 3). The Music Brackets service may include links to third party websites that are not owned or managed by Music Brackets. Music Brackets cannot and will not censor or edit the content of any third party site. Music Brackets has no rule over and accepts no responsibility for the content, privacy policies, or practices of these third party websites. By using the service you directly relieve Music Brackets from any and all liability apparent from your use on any third party website. We strongly urge that if you leave our service to visit a third party's website that you read the third party's terms and conditions and their privacy policy.
    1. You agree not to alter or change any part of the service or content provided by Music Brackets.
    2. You agree not to distribute in any form of the service or content without written authorization from Music Brackets, unless Music Brackets makes available means to do such distribution through the functionality offered by the service.
    3. By using the Music Brackets uploader, you agree that it may automatically download and install updates from time to time from Music Brackets, You also agree that the downloader may also make automatic modifications such as (compression) to the content uploaded by you to make compatible with the Music Brackets media player.
    4. You agree not to bypass, deactivate or otherwise interfere with security-related features of the service or features that prevent or restrict use or copying of any content or enforce limitations on use of the service or content therein.
    5. You agree that you will not submit to the service any content that is opposed to the content listed in (section 4).
  3. As a member of the Musicbrackets.com website you are allowed to submit content to our service. You recognize and accept that you are exclusively responsible for all of the content you post or publish on Musicbrackets.com including but not restricted to photography, audio, and video media, links, graphics, text, software, chat, messages, files and any other content. Musicbrackets maintains the right to restrict the amount of content that you post on, through or in relation with the Musicbrackets services. Musicbrackets does not maintain any ownership rights in the content provided by you or any third parties affiliated with you. You agree that no content submitted by you into your membership will contravene or breach any personal or proprietary rights including but not restricted to copyright, trademark, etc. You agree you own or have all the legal rights to publish any content on the Musicbrackets.com web site.You also agree that we have the right, at all times, to decline the use of, or remove any content for any reason at our solitary discretion. By submitting content you are awarding Musicbrackets.com a global non-exclusive, royalty free, limited license to use, and distribute, publicly display and perform the content in connection with the service of Musicbrackets.com including without restricting to promotion and redistributing of a portion or all of the services in all media formats as well as all media feeds. This also permits any member of Musicbrackets.com the right to a non-exclusive license to access your content with the service as well as redistribute, display and perform your content within the Terms and Conditions of our site. The license you permit to Musicbrackets is non-exclusive. This allows you to license your content to anyone else in addition to musicbrackets, fully paid and royalty free, sublicensable and global. Musicbrackets is not obligated to pay you, or anyone else obtaining rights from you to use with the Musicbrackets services of the content you submit to the web site. You agree that Music Brackets LLC. may with our solitary discretion disclose your content to adhere to law enforcement, court orders, legal process, protect other members of the web site and or settle arguments over intellectual property ownership. You acknowledge and agree any disputes between you and other members and/or third parties where you are found guilty are in no way a direct result of being a member of the Musicbrackets.com website. Music Brackets LLC. possesses, preserves and applies copyrights and trademarks to it's creative materials and shows consideration for others copyright properties. Content may be made available on the web site by third parties not within control of Music Brackets LLC. We do not allow content known by us as violating these rights to remain on our website.
  4. Prohibited Content/Activity: Below you will find a list of examples of the type of content that is prohibited to post on or through the Musicbrackets services. Musicbrackets reserves the right to terminate any membership that has violated this provision. Musicbrackets will also reserve the right to look into and take appropriate legal action against any member or third party who in Musicbrackets solitary discretion has been found guilty of these actions. Musicbrackets reserves the right to report such actions, content or activities to law enforcement. The prohibited content includes but is not restricted to, material in the sole discretion of Musicbrackets is in
    1. the nature of harassment to another person or associate of musicbrackets.com;
    2. is offensive, racist, promotes hatred, physical harm toward any individual or group of individuals;
    3. Uses misleading or deceitful material to attract other users to your profile such as sexually suggestive images, encourages illegal activities or material that is insulting, vulgar, offensive and or disrespectful, promotes activities that may be considered criminal;
    4. contains nudity and exploits people in a sexual manner or includes a link to an adult website;
    5. including videos photographs of another person that you have posted without that person's consent;
    6. Exploits actual violence;
    7. Posts details that constitutes a privacy and/or security risk to any person or associate of musicbrackets.com, such as the solicitation of passwords or personal identification information for commercial or unlawful purposes from other users;
    8. violates the privacy rights, publicity rights, trademark rights and copyrights, contract rights of any person or associate of musicbrackets.com;
    9. promotes reproduction of another group or individuals copyrighted work, pirating computer programs, posting links to them or supplying information to get around manufacturer-installed copy-protect devices, or providing pirated music and video or links to pirated music or video files;
    10. includes the transfer of chain letters, unsolicited mass mailing, instant messaging, or spamming, involving commercial actions and or sales without written consent from Music brackets, including advertising, barter, contests, or pyramid schemes.
    11. Solicits personal information from anyone under the age of 18.
    12. At any given time Music Brackets can terminate a membership and will report any of the following activities to law enforcment. These activities include bur are not limited to;
    13. child pornography, harrassment, stalking spamming, copyright infringement, patent infringement, theft of trade secrets, fraud, drug dealing, defamation, gambling, trafficking of indecent material;
    14. advertising or soliciting to any member to buy or sell any products or services, through unapproved use of Music Brackets services;
    15. altering or helping another individual to alter security technology or software that is part of the Music Brackets services;
    16. Any activity that permits unauthorized access to computers or computer networks such as viruses, bots, worms, or any other computer code, files or programs that break in wreck or slow down the functionality of any software, or hardware;
    17. hiding or masking advertisements, links, and any reporting features (i.e. flag button) on any Music Brackets page via HTML/CSS or any other codes;
    18. transmitting, modifying, copying, distributing, or downloading, in whole or in part any materials of the Music Brackets services other than your own material which you legally own or have the right to post by the legal owner.
    19. automated systems using scripts to add friends, send comments, messages, status or mood updates, blogs or bulletins that's not approved by Music Brackets;
    20. using an account, username or password of another member of musicbrackets.com without the permission of that specific member;
    21. selling or transferring your profile, your email address or URL;
    22. posting commercial advertisements on your profile not authorized by musicbrackets.com, accepting payments or barter from a third person for exchange of you performing any commercial activity unauthorized by musicbrackets.com, posting comments, blogs, video blogs, with commercial purposes;
    23. imitating or attempting to perceive themselvs as another musicbrackets member, employee, administrator, moderator, or associate or use of any email address associated with any of the forgoing;
    24. distributing, or selling any information obtained from the Music Brackets services in order to profit, harass, abuse, or cause personal harm;
    25. passing on emails from third party's mail servers withou the permission o that third party;
    26. misrepresenting yourself or the content of a message using false headers to conceal any material transmitted through the Music Brackets services;
    27. using bots, scripts to extrude any data from the musicbrackets.com website;
  5. Use of Musicbrackets.com and Services: By becoming a member of musicbrackets.com you agree that the site is to be used for personal use only. You understand that any communication between yourself and other members, organizations, through the musicbrackets services are exclusively between you and that of who you have communicated with. You agree Music Brackets LLC. (and services provided) may not be accountable or liable for any losses or damages of any kind that you may have exposed yourself to as a result of such communication and or agreements you have with a third party. If a dispute arrises you agree that Music Brackets does not have to get involved. If you have a dispute with a third party including other members of the Web Site, you hereby release Music Brackets, its employees, agents officers and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and / or our Services.
  6. Website Links: Musicbrackets.com contains links to other websites. We do not check for accuracy of such links and can not be held responsible for the content on these websites. Any linked website on or the musicbrackets.com or the services does not insinuate that we approve or promote the opinions, expressed on the linked website. If you click on a link and leave musicbrackets.com to access the third party sites, you are doing so at your own risk.
  7. Copyright Protection and Other Intellectual Property: We require that the members of musicbrackets.com respect our intellectual property as we will always respect the intellectual properties of others. Any material that is infringes any copyright, patent, trademark, trade secret or any other proprietary right of any person or entity is strongly prohibited within musicbrackets.com and our services. Music Brackets' policy is to terminate the membership of repeat infringers under appropriate circumstances. As a member if you believe any material you own has been copied, posted on or through the Music Brackets services that amounts to copyright infringment, send Musicbrackets copyright agent an email informing them of this claimed infringement. In the email please include the following informations: (1) 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; (2) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on musicbrackets.com (providing the URL(s) of the claimed infringing material satisfies this requirement); (3) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (4) 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; (5) 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 (6) your physical or electronic signature. Musicbrackets' copyright agent for notification of claimed infringement can be reached at copyright@musicbrackets.com
  8. Privacy: Musicbrackets' services are also controlled by our privacy policy, which is included into this agreement by this reference.
  9. Competitions/Battles: By entering a battle on the Music Brackets website you agree that you are granting us the right to distribute your music to users via the internet. You agree the battles are a competition voted on by users through out the world and the results are not a direct result of any one affiliated with Music Brackets. Music Brackets can not be held responsible for any unsatisfactory results. By submitting material into a rap freestyle battle you agree that material submitted has to follow the guidelines of section 4. You agree as a competitor that you are responsible for all of the lyrics quoted with the video you have submitted and Music Brackets can not be held responsible for any false representation of yourself or your competitor.
    1. Battle Guidelines: By entering a Music Battle you agree to the following guidelines.
      1. You enter the battle of your genre
      2. only enter one song at a time
      3. content entered complies with (section 4) of these terms
      4. battle can not be used as content of spam emails
      5. no threats are made towards other competitors
      6. All songs submitted must be original and owned by the submitter
    2. Rap Freestyle Battle Guidelines: By entering the Freestyle battle you agree to the following guidelines.
      1. Freestyles submitted in the first round must have a maximum time length of 60 seconds
      2. Freestyles submitted in the second through fourth round must have a maximum time length of 120 seconds
      3. Freestyle submitted in the final round must have a maximum time length of 180 seconds
      4. Lyrics have to follow the guidelines of (section 4)
      5. Lyrics written/spoken by a competitor are not taken seriously
      6. Battle content should be viewed with a sense of humor and fun in the spirit of competition
  10. Limitation of Liability: Music Brackets as well as any service provider, subcontractor, business affiliate/partner, Licensor, Employee, distributor, or agent at no time shall be liable for any punitive, special, incidental, exemplary, consequential, indirect, including without limitation lost profit damages, appearing from the use of the Music Brackets services or linked services, even if Music Brackets has been advised of the possibility of such damage, notwithstanding the forgoing, Music Brackets is found liable to you for damages from 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 Music Brackets for the Music Brackets services.
  11. Disclaimers: Music Brackets can not be held responsible for and makes no warranties, as to the Member content or the correctness and dependability of the user's content posted within or in connection with the Music Brackets services or linked services. Member's content posted on Music Brackets services or linked services does not necessarily reflect the opinions or policies of Music Brackets. Use of the Music Brackets services and any dependence by you upon the services, including any action taken by you because of such use or dependence, is at your sole risk. Music Brackets does not warrant that the services will be continuous or error free. Music Brackets does not make any warranty as to the results that may be obtained from the use of the services. The services are provided "AS IS" and Music Brackets disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for particular purpose and non-infringement. Under no circumstances shall Music Brackets be held responsible for any loss, damage, including but not limited to personal injury or death, culminating from Music Bracket Services or any linked services, presence at a Music Brackets event, from any Member content posted through the Music Brackets Services whether online or offline. Music Brackets does not guarantee or does not promise any specific results from the use of the Music Brackets services or linked services.
  12. Indemnity: As a Music Brackets member and by using the Music Brackets services you hereby indemnify Music Brackets as well as it's officers, employees, affiliates, subcontractors, subsidiaries, licensors, agents and any other partners and their own partners and employees, harmless from any and all claim expenses, loss, liability or demand including, but not limited to, attorney fees, by using Music Brackets Services, You hereby agree to excuse Music Brackets and it's affiliates from any and all claims of any kind or nature whatsoever, whether known or unknown suspected or unsuspected, disclosed or undisclosed, that you might have against Music Brackets made apparent from any use by yourself of the Music Brackets services.
  13. Alterations: Music Brackets reserves the right in its sole discretion to change, alter, build on, or subtract from part or all of this agreement. Even though we may attempt to notify you when major changes are made of these terms and conditions, nevertheless you should regularly review the most up to date version. By agreeing today you agree to be bound by such alterations, or revisions.
  14. Other/Misc: Accepting this acceptance with the Music Brackets website and Music Brackets Services and is upheld by you becoming a Music Brackets member. Your acceptance with Music Brackets will always include this agreement at a minimum. The failure of Music Brackets to utilize or administer any right or provision of this agreement shall not operate as a waiver of such right or provision. The titles in this agreement are for convenience only and have no legal or contractual effect. Music brackets is a trademark of Music Brackets LLC. 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.