sumthing else

Terms of Service

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

1. General.

Welcome to Sumthing Else Music Works (SEMW) at sumthing.com.  Sumthing.com is an online worldwide service operated by Sumthing Else Music Works, Inc. in the United States. This website that provides users with access to discover, listen to and purchase music recordings from content providers through multiple electronic interfaces including SEMW’s website, mobile applications, web applications or "widgets", and other applications (the "Service").

By registering, accessing or using the Service you signify that you have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"), whether or not you are a Registered User of the Service. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. SEMW reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If SEMW does this, SEMW will post the changes to these terms and conditions on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.

If you do not comply with this Agreement at any time, SEMW reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account, if any. In SEMW’s sole discretion and without prior notice or liability, SEMW may discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that SEMW shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by SEMW in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable.

2. Registered Users.

The Service is open to the public but certain portions, components, content and features of the Service are only available to individuals who register with sumthing.com and create a user account on the Service (each, a "Registered User"). If you are a Registered User then you agree to the following:

(i) in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of any State in the US and the federal laws of  the United States of America or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete,  SEMW has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);

(ii) Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify SEMW of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in SEMW’s Privacy Policy.

3. Restrictions on Use.

These terms apply to all users of the Service, whether or not you are a Registered User.

A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without SEMW’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in SEMW’s opinion  restricts or inhibits any other user from using or enjoying the Service will not be permitted.

B. All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement ("Site Content"), are the proprietary property of SEMW or its licensors, associated composers or authors, and any other associates  with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SEMW’s prior written permission. Provided that you are eligible for use of the Service and subject to these Terms of Use, you are granted a limited license to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of SEMW, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by SEMW at any time without notice and with or without cause.

C. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted SEMW the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use. You grant SEMW the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to musical works provided to SEMW for sale on the Service by a publisher or other content provider.

D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:

(a) accessing data not intended for you, including logging into a server or account which you are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;

(c) using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SEMW’s systems or networks, or any systems or networks connected to the Service or to SEMW.

(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of SEMW, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;

(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";

(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede SEMW’s ability to monitor or make available the Service; or

(i) taking any action in order to obtain services to which you are not entitled.

Violations of system or network security may result in civil or criminal liability. SEMW will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.

4. Disclaimer of Warranty; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER SEMW, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.

C. IN NO EVENT WILL SEMW, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SEMW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SEMW IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

5. Monitoring.

SEMW shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by SEMW and to satisfy any law, regulation or authorized government request. SEMW shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, SEMW shall have the right to remove any material that SEMW in its sole discretion, finds to be in violation of the provisions hereof, its CONTENT POLICY (http://www.sumthing.com/about-us/contentpolicy), or otherwise objectionable. Although SEMW reserves the right to remove, without notice, any posting for any reason, SEMW has no obligation to delete submissions that you may find objectionable or offensive.

6. Indemnification.

You agree to defend, indemnify and hold harmless SEMW and its affiliates and Licensors and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Service.

7. Trademarks.

SEMW, sumthing.com, sumthingdigital.com and related words, domain names and logos are trade-marks and the property of Sumthing Else Music Works, Inc. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.

8. Third Party Content.

Sumthing.com  has no more editorial control over content than does a retail record seller, music store,  public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Sumthing.com or SEMW. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. SEMW neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized SEMW employee spokespersons while acting in their official capacities.

9. Musical and Literary Works.

All musical and literary works at sumthing.com are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these works is intended for SEMW’s users' personal and non-commercial use. Any other use of musical and literary works downloaded from sumthing.com is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create commercially derivative works from, distribute, perform, display, or in any way exploit for commercial or compensative purposes, any of the content of these musical and literary works, in whole or in part. By downloading musical and literary works from sumthing.com, the User hereby acknowledges and agrees to these terms.

 

10. Public Domain.

Some of the musical and literary works offered on the Service have been identified as being in the public domain by certain content providers. SEMW does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such musical or literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.

11. Miscellaneous.

Sumthing Else Music Works, Inc. controls sumthing.com from its offices within the United States. The Service can be accessed from all States and territories of the United States and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the United States, by accessing the Service, you agree that all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the federal laws of the United States  applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the State of New York and acknowledge that you do so voluntarily and are responsible for complying with all local laws.

 

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