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Terms of use

Last updated: January 7, 2021

Table of Contents

  • 1. Core assets
    1.1. The Website
    1.2. A Poster
  • 2. Your consent to be bound by these Terms Of Use
  • 3. Use of the Services and Musician Poster Properties
  • 4. Intellectual Property
    4.1. Restrictions
  • 5. Licenses
    5.1. Free Poster license
  • 6. Registration
    6.1. Registering your Account
    6.2. Registration Data
    6.3. Your Account
    6.4. Subscribed to newsletter by default
  • 7. Subscription to the newsletter
  • 8. Privacy
  • 9. Responsibility for Content
    9.1. Types of Content
    9.2. Storage
    9.3. Trademarks
    9.4. Other Content
    9.5. Your Content
    9.6. Feedback
  • 10. User conduct
  • 11. Interactions with other Users
    11.1. User responsibility
    11.2. Content provided by other Users
    11.3. Commenting
    11.3.1. Rules
    11.3.2. Conditions
  • 12. Children
  • 13. Third-party Services
  • 14. Indemnification
  • 15. "AS-IS", "AS-AVAILABLE" and warranties disclaimer
    15.1. As-Is
    15.2. No Liability for conduct of Third Parties
  • 16. Limitation of Liability
    16.1. Disclaimer of certain damages
  • 17. Procedure for making claims of Copyright Infringement
  • 18. Remedies
    18.1. Violations
    18.2. Breach
  • 19. Term and Termination
    19.1. Term
    19.2. Prior Use
    19.3. Termination of Services by Musician Poster
    19.4. Termination of Services by you
    19.5. Effect of termination
    19.6. No Subsequent Registration
  • 20. International Users
  • 21. Disputes resolution
  • 22. General Provisions
    22.1. Electronic communications
    22.2. Force Majeure
    22.3. Waiver and severability of Terms
    22.4. Statute of Limitations
  • 23. Translation interpretation
  • 24. Communications
  • 25. Your consent to updates to these Terms Of Use
  • 26. Questions

1. Core assets

1.1. The Website

"Musician Poster", the Website and Service ("Musician Poster", "us", "we", "our" and "Team").

1.2. A Poster

A "Poster" ("e-Poster", "Electronic Poster", "Poster PDF") is part of content that is made available for download on the Website. A Poster is one or several files contained within a downloadable bundle of compressed files. A Poster can be also made available as a standalone single downloadable file in PDF-format without necessity to unpack it using additional software. A Poster contains information on, but not limited to, music, music theory, music fundamentals, musical instruments, sound, sound engineering, sound recording, music production, musical instrument playing exercises, music and musical instrument guides.

2. Your consent to be bound by these Terms Of Use

Please read these Terms Of Use agreement (the "Agreement") carefully. These Terms Of Use govern the use of the Website and apply to all internet Users visiting the Website by accessing it or using the website in any way, including using the services and resources available or enabled via the Website (each, a "Service" and collectively, the "Services"). By clicking on the "I accept" button, completing the registration process, subscribing to newsletter and/or browsing the Website you represent that (1) you have read, understand, and agree to be bound by the Terms Of Use; (2) you are of legal age to form a binding contract with Musician Poster; and (3) you have the authority to enter into the Terms Of Use personally. The term "you" or "User" refers to the individual identified as the User when you registered or subscribed on the Website. If you do not agree to be bound by the Terms Of Use, you may not access or use this Website or the Services. This Agreement, Terms Of Use or Terms of Service or Terms and Conditions are referred to herein as the "Terms".

3. Use of the Services and Musician Poster Properties

The Website, the Services, the Posters and the information and content available on the Website and the Services (as these terms are defined herein), downloadable or not, (collectively, the "Musician Poster Properties") are protected by copyright laws. Subject to the Terms, Musician Poster grants you a limited license to use the Musician Poster Properties solely for your personal or internal business purposes. Unless otherwise specified by Musician Poster in a separate license, your right to use any Musician Poster Properties is subject to the Terms of Use.

4. Intellectual Property

You acknowledge that Musician Poster owns all right, title and interest in and to the Service, including all intellectual property rights (the "Musician Poster IP Rights"). Musician Poster IP Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Musician Poster IP Rights do not include third-party content used as part of the Service, if any.

4.1. Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, make available for download, use as part of your works, job or otherwise commercially or non-commercially exploit any Musician Poster Properties or any portion of Musician Poster Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Musician Poster Properties (including images, text, page layout or form) of Musician Poster; (c) you shall not use any metatags or other "hidden text" using Musician Poster's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Musician Poster Properties; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of any Musician Poster Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Musician Poster Properties. Any future release, update or other addition to Musician Poster Properties shall be subject to the Terms. Musician Poster reserve all rights not granted in the Terms. Any unauthorized use of Musician Poster Properties terminates the licenses granted by Musician Poster pursuant to the Terms.

5. Licenses

5.1. Free Poster license

Subject to your compliance with the Agreement, Musician Poster grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download and use a copy of the Poster solely for your own personal or internal business purposes. This type of license is subject to Restrictions governed by Musician Poster IP Rights provided in these Terms.

6. Registration

6.1. Registering your Account

In order to access certain features of Musician Poster Properties, you must become a Registered User. For purposes of the Terms, a "Registered User" is a User who has registered an account through the Website or Services ("Account").

6.2. Registration Data

In registering an Account through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Musician Poster Properties under the laws of your place of residence or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or Musician Poster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Musician Poster has the right to suspend or terminate your Account and refuse any and all current or future use of Musician Poster Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.

6.3. Your Account

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Musician Poster.

6.4. Subscribed to newsletter by default

By becoming a registered member (user) of our Website via registration form makes you subscribed to our newsletter by default. You will automatically receive periodic e-mails from Musician Poster about our latest products, updates, events or promotions that you might find interesting. Each e-mail you receive from us will offer you the opportunity to cancel or "opt-out" of our e-mail list by following instructions contained in the messages you receive.

7. Subscription to the newsletter

One of the ways provided by Musician Poster to stay connected with latest updates offered by Musician Poster and yet remain a non-Registered User is to subscribe to Newsletter and thus become a subscriber. For purposes of the Terms, a "Subscriber" is a User who has not created an explicit Account through the Website or Services and as such does not have all the benefits provided by an Account (e.g. ability to leave a public comment, download free Posters) but expressed the will to receive regular Newsletter e-mails. To become a Subscriber, you, at your own convenience and will, must enter e-mail address through the respective form and subsequently confirm the fact of initiation subscription process (double "opt-in"). Even though a Subscriber has limited access and options throughout the Website this by no means reduces any of your obligations enforced by the present Terms. By becoming a Subscriber you agree to be bound by the rules of the Terms. If you choose to subscribe to our Newsletter, you will automatically receive periodic e-mails from Musician Poster about our latest products, updates, events or promotions that you might find interesting. Each e-mail you receive from us will offer you the opportunity to cancel or "opt-out" of our e-mail list by following instructions contained in the messages you receive.

8. Privacy

As a condition of using the Service, you agree to the terms of the Musician Poster Privacy Policy, available at https://www.musicianposter.com/privacy, as well as terms of the Musician Poster Cookie Policy available at https://www.musicianposter.com/cookies, both of which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Musician Poster may access or disclose your (a) personal information, (b) the content of your communications (collectively, "Your Data"), if Musician Poster is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms, the general Musician Poster Privacy Policy and Cookie Policy. Personal information collected by Musician Poster may be stored and processed in the United States or any other country in which Musician Poster or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

9. Responsibility for Content

9.1. Types of Content

You acknowledge that all Content, including Musician Poster Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Musician Poster, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Musician Poster Properties ("Your Content"), and that you and other Users of Musician Poster Properties, and not Musician Poster, are similarly responsible for all Content that you and they Make Available through Musician Poster Properties ("User Content").

9.2. Storage

Unless expressly agreed to by Musician Poster in writing elsewhere, Musician Poster has no obligation to store any of Your Content that you Make Available on Musician Poster Properties. Musician Poster has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage or transmission of other communications originating with or involving use of Musician Poster Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Musician Poster retains the right to create reasonable limits on Musician Poster's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Musician Poster in its sole discretion.

9.3. Trademarks

Musician Poster and all related graphics, logos, service marks and trade names used on or in connection with any Musician Poster Properties or in connection with the Services are the trademarks of Musician Poster and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Musician Poster Properties are the property of their respective owners.

9.4. Other Content

Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in Musician Poster Properties.

9.5. Your Content

Musician Poster claims no ownership or control over any Content submitted, posted or displayed by you on or through Musician Poster Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Musician Poster services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Musician Poster services which are intended to be available to the members of the public, you grant Musician Poster a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Musician Poster services for the purpose of displaying and distributing Musician Poster services.

9.6. Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Musician Poster through its suggestion, feedback, comments, contact form, wiki, forum or similar pages ("Feedback") is at your own risk and that Musician Poster has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Musician Poster a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Musician Poster Properties and/or Musician Poster's business.

10. User conduct

As a condition of your use of the Musician Poster Properties, you agree not to use Musician Poster Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Musician Poster Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Musician Poster's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Musician Poster; (vi) interferes with or attempt to interfere with the proper functioning of Musician Poster Properties or uses Musician Poster Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Musician Poster Properties, including but not limited to violating or attempting to violate any security features of Musician Poster Properties, using manual or automated software or other means to access, "scrape", "crawl" or "spider" any pages contained in Musician Poster Properties, introducing viruses, worms, or similar harmful code into Musician Poster Properties, or interfering or attempting to interfere with use of Musician Poster Properties by any other User, host or network, including by means of overloading, "flooding", "spamming", "mail bombing" or "crashing" Musician Poster Properties.

11. Interactions with other Users

11.1. User responsibility

You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Musician Poster reserves the right, but has no obligation, to intercede in such disputes. You agree that Musician Poster will not be responsible for any liability incurred as the result of such interactions.

11.2. Content provided by other Users

Musician Poster Properties may contain User Content provided by other Users. Musician Poster is not responsible for and does not have any obligation to control User Content. Musician Poster can, may and reserves the right, but has no obligation, to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

11.3. Commenting

Musician Poster offers a facility to interact with other Users directly on the Website by means of leaving public comments. This functionality is available only to Registered Users. You acknowledge that text that you submit will be visible to other Users, registered or not.

Comments are designed to be discussions. A "Discussion" implies two things: (a) Comment; (b) Reply. A "Comment" is standalone in the sense that it expects no prior context and it's a type of message that may start a Discussion. "Reply" on the contrary is not standalone. A Reply is also a comment but it is nested under the Comment both visually and technically. The purpose of a Reply is to elaborate on a Comment, provide an answer to it or ask for additional details to dissolve potential ambiguity. A Comment with a series of Replies forms a Discussion. Reply to a Reply is possible but does not create another Discussion and does not create another nested level. All replies, direct or indirect, will ultimately belong to single Comment. Every entity on the Website, for example, a Poster, may have zero to many such comments. We shall collectively call comments and replies as "Comments" when no differentiation is required.

11.3.1. Rules

When posting a public comment you agree to adhere to the following rules

  • (a) Comments are accepted in English language only;
  • (b) you must be kind, helpful and respectful to others at all times, regardless of your or their skill level, age, race or gender;
  • (c) if you respond to a question then you are expected to provide an answer instead of saying where it can be found. A link is not considered as an answer. You may accompany your response with a link to an external web resource, or internal to the Website, but it must only serve as an addition to your response but not as a standalone reply;
  • (d) if you copy someone else's text from anywhere on the Internet and use it in your Comment you must give proper credit. You do so by providing the source of information, for example, by giving a web link or by explicitly stating who is the author of your quote;
  • (e) bare links to external web resources with minimal or no surrounding text are not allowed. Minimal in this context is up to 5 words;
  • (f) standalone self promotion such as posting Comments that promote awareness of your brand, personal name, services you provide, websites affiliated with you, apps, social profiles are not allowed;
  • (g) you are not allowed to disclose your or any other's sensitive personal data, which may include but not limited to, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership, passwords, credit card numbers;
  • (h) off-topic comments and replies are not allowed. Everything you contribute in the form of Comments must be related to the entity to which these Comments are linked;
  • (i) spamming and advertising in all forms is prohibited;

11.3.2. Conditions

Moderation. All Comments are moderated by the Team at Musician Poster. Effectively this means that if any of the Team members identifies a Comment to be infringing commenting rules outlined in these Terms then the Team reserves the right to act in one of the following ways: (a) to delete the comment; (b) to modify the comment so that it complies with current existing rules; (c) to warn you that you have breached the rules; (d) to suspend your account if this is a recurring violation and you had been warned in the past of infringing the rules of commenting; (e) any combination of the aforementioned actions.

Life span. Any Comment is publicly accessible as long as Musician Poster operates. You have the right to delete your Comment(s) using the respective functionality, however, this option is available for 48 hours since Comment's initial submission. Once this period elapses Comment can no longer be deleted by the User who posted it. You may request that the Team deletes it but whether or not it will be deleted will be up to the Team to decide. If your Comment is a standalone Comment and not a Reply to another standalone Comment then by deleting such a Comment all its replies, if any, will be deleted as well, whether they were posted by you or not. This does not apply to Replies, that is, if you replied to some other Comment and somebody else replied to your Reply, then deleting your Reply does not delete their Reply. If you choose to delete your Account then your personal data will be deleted but the contributions you made to Musician Poster, including your Comments, will remain accessible by the general public. However, the author line alongside all your Comments will change to [deleted] which guarantees complete anonymity.

Modification. You have the option to edit your Comment after its submission, however, this functionality is time limited: a Comment can be edited within the first 24 hours since initial submission. You may request that the Team modifies your Comment but whether or not it will be modified will be up to the Team to decide.

Notification of reply. As soon as you post your Comment, not only it becomes visible to other Users but other Users may also reply to your Comments. For each of your Comments you will receive an e-mail notification when someone replies to your Comments. Should you wish to not receive such emails you have the option to opt-out of this specific type of e-mail notifications. To opt-out, see the footer of the email and click on Manage subscription settings and follow on-screen instructions.

12. Children

Children under 13 are not allowed to use Musician Poster Website and Services. Musician Poster is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at https://www.musicianposter.com/contacts. If you are based in the European Economic Area, you must be at least 16 years old or over the age at which you can provide consent to data processing under the laws of your country to register for or use our Services. If you live in any other country except those in the European Economic Area, you must be at least 13 years old or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

13. Third-party Services

Musician Poster Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications") and advertisements for third parties ("Third-Party Ads"). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Musician Poster Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Musician Poster. Musician Poster is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Musician Poster provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

14. Indemnification

You agree to indemnify and hold Musician Poster, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Musician Poster Party" and collectively, the "Musician Poster Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Musician Poster Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Musician Poster reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Musician Poster in asserting any available defenses. This provision does not require you to indemnify any of the Musician Poster Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Musician Poster Properties.

15. "AS-IS", "AS-AVAILABLE" and warranties disclaimer

15.1. As-Is

You expressly understand and agree that to the extent permitted by applicable law, your use of Musician Poster properties is at your sole risk, and Musician Poster properties are provided on an "as is" and "as available" basis, with all faults and defects. Musician Poster parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the website.
  • (a) Musician Poster parties make no warranty, representation or condition that: (1) Musician Poster properties will meet your requirements or achieve any intended results; (2) your use of Musician Poster properties will be uninterrupted, timely, secure or error-free; or (3) the results that may be obtained from use of Musician Poster properties will be accurate or reliable.
  • (b) Any content downloaded from or otherwise accessed through Musician Poster Properties is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access Musician Poster Properties, or any other loss that results from accessing such content.
  • (c) The services may be subject to delays, cancellations and other disruptions. Musician Poster makes no warranty, representation or condition with respect to services, including but not limited to, the quality, effectiveness, reputation and other characteristics of services.
  • (d) No advice or information, whether oral or written, obtained from Musician Poster or through Musician Poster properties will create any warranty not expressly made herein.
  • (e) From time to time, Musician Poster may offer new "beta" features or tools with which its Users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Musician Poster's sole discretion. The provisions of this section apply with full force to such features or tools.

15.2. No Liability for conduct of Third Parties

You acknowledge and agree that Musician Poster parties are not liable, and you agree not to seek to hold Musician Poster parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.

16. Limitation of Liability

16.1. Disclaimer of certain damages

To the fullest extent permitted by law, you understand and agree that in no event shall the Musician Poster Parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with Musician Poster properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, whether or not Musician Poster has been advised of the possibility of such damages, arising out of or in connection with the Terms, or from any communications, interactions or meetings with other Users of Musician Poster properties, on any theory of liability, resulting from: (1) the use or inability to use Musician Poster Properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through Musician Poster properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on Musician Poster Properties; or (5) any other matter related to Musician Poster Properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.

17. Procedure for making claims of Copyright Infringement

It is Musician Poster policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Musician Poster by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Musician Poster Properties in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Musician Poster Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

18. Remedies

18.1. Violations

If Musician Poster becomes aware of any possible violations by you of the Agreement, Musician Poster reserves the right to investigate such violations. If, as a result of the investigation, Musician Poster believes that criminal activity has occurred, Musician Poster reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Musician Poster is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Musician Poster Properties, including Your Data, in Musician Poster's possession in connection with your use of Musician Poster Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Agreement, (3) respond to any claims that Your Data violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Musician Poster, its Users or the public, and all enforcement or other government officials, as Musician Poster in its sole discretion believes to be necessary or appropriate.

18.2. Breach

In the event that Musician Poster determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Musician Poster Properties, Musician Poster reserves the right to: (a) Warn you via e-mail (to any e-mail address you have provided to Musician Poster) that you have violated the Terms; (b) Discontinue your access to any Services; (c) Notify and/or send Your Data to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) File a report with any and all appropriate Credit Check Agencies; (e) Pursue any other action which Musician Poster deems to be appropriate.

19. Term and Termination

19.1. Term

The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Musician Poster Properties, unless terminated earlier in accordance with the Agreement.

19.2. Prior Use

Notwithstanding the foregoing, if you used Musician Poster Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Agreement commenced on the date you first used Musician Poster Properties (whichever is earlier) and will remain in full force and effect while you use Musician Poster Properties, unless earlier terminated in accordance with the Agreement.

19.3. Termination of Services by Musician Poster

If you have materially breached any provision of the Agreement, or if Musician Poster is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Musician Poster has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Musician Poster's sole discretion and that Musician Poster shall not be liable to you or any third party for any termination of your Account.

19.4. Termination of Services by you

If you want to terminate the Services provided by Musician Poster, you may do so by closing your Account for all of the Services that you use.

19.5. Effect of termination

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Musician Poster will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. Termination of the services by either you or Musician Poster will not cancel or reduce any charges or fees that continue to be due and payable to Musician Poster.

19.6. No Subsequent Registration

If your registration(s) with or ability to access Musician Poster Properties, or any other Musician Poster community is discontinued by Musician Poster due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access Musician Poster Properties or any Musician Poster community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Musician Poster Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Musician Poster reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

20. International Users

Musician Poster Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Musician Poster intends to announce such Services or Content in your country. Musician Poster Properties are controlled and offered by Musician Poster from its facilities in Latvia. Musician Poster makes no representations that Musician Poster Properties are appropriate or available for use in other locations. Those who access or use Musician Poster Properties from other countries do so at their own volition and are responsible for compliance with local law.

21. Disputes resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

22. General Provisions

22.1. Electronic communications

The communications between you and Musician Poster may take place via electronic means, whether you visit Musician Poster Properties or send Musician Poster e-mails, or whether Musician Poster posts notices on Musician Poster Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Musician Poster in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Musician Poster provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

22.2. Force Majeure

Musician Poster shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

22.3. Waiver and severability of Terms

The failure of Musician Poster to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

22.4. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Musician Poster services or the Terms Of Use must be filed within three (3) months after such claim or cause of action arose or be forever barred.

23. Translation interpretation

These Terms may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

24. Communications

Musician Poster offers e-mail newsletters and notifications to provide its services. For example, we offer a notification that someone has replied to your Comment. If you no longer want to receive these communications, you may opt-out by clicking the Unsubscribe instantly or Manage subscription settings links at the bottom of the email. Note that you cannot opt-out of receiving certain administrative, transactional, or legal messages from us.

25. Your consent to updates to these Terms Of Use

We may revise this Terms Of Use from time to time at our sole discretion and without prior notice. Revised Terms Of Use will be posted on this page. We will also notify you when such changes occur and update the "Last Updated" date at the top of the Agreement.

If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account or another manner through the Services (which may include posting an announcement on our Website). Musician Poster may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you agree to stop using the Website and the Services.

Any changes to the Terms Of Use will become effective when they are published on this page. Your use of www.musicianposter.com following such changes indicates your acceptance of the revised Terms Of Use. Please regularly check the Website to view the updated Terms.

26. Questions

If you have any questions or comments regarding these Terms Of Use, please let us know by contacting us through our contacts page at https://www.musicianposter.com/contacts.

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