MUSIC MOMENTUM TERMS

IMPORTANT! THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) ARE A LEGAL AGREEMENT THAT GOVERN YOUR USE OF the MUSIC MOMENTUM mobile application and website. BY ACCESSING OR USING MUSIC MOMENTUM, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. MUSIC MOMENTUM is a mobile application of LAX WEIR PRODUCTIONS.

Your Acceptance
Agreement: By using MUSIC MOMENTUM, you agree to abide by these Terms of Use, the LAX WEIR PRODUCTIONS Privacy Policy, and any additional terms, rules, regulations, or guidelines posted on the MUSIC MOMENTUM Platforms (all of which are incorporated herein and collectively referred to as, these “Terms of Use”). These documents are legally binding agreements between you and MUSIC MOMENTUM, please read them carefully. If you do not agree to these Terms of Use, please do not use the MUSIC MOMENTUM application or MUSIC MOMENTUM website.

Authority and Age Restriction: You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent and otherwise possess the legal right and ability to enter into these Terms of Use and use the MUSIC MOMENTUM mobile application in accordance with these Terms of Use. In either case, you represent and warrant that you are at least 13 years of age. The MUSIC MOMENTUM mobile application Platforms are not intended for children under 13.

Changes to the Terms of Use: MUSIC MOMENTUM mobile application may, in its sole discretion, change the Terms of Use at any time, in which case LAX WEIR PRODUCTIONS will post the revised Terms of Use on the MUSIC MOMENTUM platforms. By continuing to use the MUSIC MOMENTUM platforms after LAX WEIR PRODUCTIONS posts any such changes, you accept the Terms of Use as modified.

Changes to the MUSIC MOMENTUM platforms: LAX WEIR PRODUCTIONS may change, restrict access to, suspend or discontinue the MUSIC MOMENTUM platforms, or any portion of the LAX WEIR PRODUCTIONS platforms, at any time in its sole discretion. From time to time, LAX WEIR PRODUCTIONS may establish general practices, limits, or restrictions concerning the use of the LAX WEIR PRODUCTIONS platforms and the posting of materials by users of the MUSIC MOMENTUM platforms.

Content on the MUSIC MOMENTUM platforms
Content: All content used on and in the MUSIC MOMENTUM platforms and the functionality thereof, including without limitation, the text, software, scripts, source code, graphics, photos, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks and logos contained therein (“Content”), are owned by or licensed to LAX WEIR PRODUCTIONS and are proprietary and protected by applicable intellectual property law. Except as explicitly permitted by the Terms of Use or the functionality of the MUSIC MOMENTUM Platforms, Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, side-loaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without Lax Weir Productions prior written consent. LAX WEIR PRODUCTIONS may change the Content on the Music Momentum platforms without notice.

Third-Party Material: Certain Content on the MUSIC MOMENTUM platforms, in in particular, User Submissions (defined below), include content, products, resources, and services from third parties. LAX WEIR PRODUCTIONS may provide links, solicitations, advertisements, data, or information related to third parties and their materials. MUSIC MOMENTUM has no control over such third parties and their materials, and, as such, you agree that LAX WEIR PRODUCTIONS does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials from such third parties. You agree that you assume full responsibility when you choose to access third party material or follow any links that lead you to third party websites.

Objectionable Material: You understand that by using the LAX WEIR PRODUCTIONS Platform, you may encounter material that you may deem to be offensive, indecent, or explicit. Nevertheless, you agree to use the MUSIC MOMENTUM platform at your sole risk and you agree that LAX WEIR PRODUCTIONS has no liability to you for material that may be found to be offensive, indecent, or objectionable.

Use of MUSIC MOMENTUM Platforms
License for Your Use: Subject to these Terms of Use and only to the extent permitted by your Account and the functionality of the MUSIC MOMENTUM platforms, you are granted a limited, personal, non-commercial, non-exclusive, revocable, non-assignable and non-transferable right to use the MUSIC MOMENTUM platforms in order to access and interact with content on the MUSIC MOMENTUM platform, upload or post User Submissions to the MUSIC MOMENTUM platform, and participate in community areas and interact with other users of the MUSIC MOMENTUM platform.

Restrictions on Your Use: You may not use MUSIC MOMENTUM for any illegal purpose or in any manner inconsistent with these Terms of Use. MUSIC MOMENTUM reserves the right to restrict or terminate your access to the MUSIC MOMENTUM platforms for any reason at any time, with or without notice to you, as determined by LAX WEIR PRODUCTIONS in its sole and absolute discretion. Without limitation you agree, represent, and/or warrant that:

You will use the MUSIC MOMENTUM platforms only for personal, private, non-commercial purposes. You shall not interfere with or damage the MUSIC MOMENTUM platforms in any way whatsoever, including, but not limited to, by trespass, burdening network capacity, repeatedly posing the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
You may not decompile, disassemble, reverse-engineer or otherwise attempt to discover any source code contained in or on the MUSIC MOMENTUM platforms.
You agree not to tamper with or modify the MUSIC MOMENTUM platforms in any manner and for any purpose including but not limited to obtaining unauthorized access to the MUSIC MOMENTUM platforms.
You agree not to circumvent, disable or otherwise interfere with security related features of the MUSIC MOMENTUM platforms or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MUSIC MOMENTUM platforms.
You agree not to obtain or attempt to obtain any materials or information though any means not intentionally made available through the MUSIC MOMENTUM platforms.
You will not use any automated means, including bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or the like to download, access, aggregate, repurpose, or otherwise make use of the Content for any purposes. Notwithstanding the foregoing, LAX WEIR PRODUCTIONS grants the operators of public search engines permission to use spiders to copy materials from MUSIC MOMENTUM platforms for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LAX WEIR PRODUCTIONS reserve the right to revoke these exceptions either generally or in specific cases.
You will not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the LAX WEIR PRODUCTIONS products.
You may not copy, re-skin, re-package, reproduce, recompile, distribute, publish, display, perform, or in any way exploit any part of the Content except as expressly permitted by the functionality of the MUSIC MOMENTUM platforms;
You may not use any Content in any way that is designed to create a separate content service or that replicates any part of the MUSIC MOMENTUM platforms.
You agree not to defame, harass, abuse, threaten, stalk, defraud, or attempt to collect personal information about MUSIC MOMENTUM or users of the MUSIC MOMENTUM platforms.
You agree to notify LAX WEIR PRODUCTIONS in writing promptly upon becoming aware of any unauthorized access or use of the MUSIC MOMENTUM platforms by any party.
Linking: You may include links to MUSIC MOMENTUM platforms provided that (1) you do not replicate the Content, (2) you do not imply that MUSIC MOMENTUM platforms is endorsing or sponsoring your website or products, (3) you do not present false information about MUSIC MOMENTUM or MUSIC MOMENTUM platforms, (4) your website does not contain illegal content or support, endorse, or encourage piracy or the unauthorized exploitation of intellectual property rights. Notwithstanding the foregoing, LAX WEIR PRODUCTIONS reserve the right to deny permission to link to MUSIC MOMENTUM platforms for any reason in its sole and absolute discretion.

User Submissions
General: Subject to Account limitations and these Terms of Use, certain users of the LAX WEIR PRODUCTIONS may upload and/or post to the MUSIC MOMENTUM platforms digital media as may be permitted from time to time by the MUSIC MOMENTUM platforms, which may include music, audio, text, photos, press kits, user profile information, ratings, commentary, and other digital content, data or information supplied by you and other users (“User Submissions”).

Disclaimer of Warranties
YOUR USE OF, OR INABILITY TO USE, THE MUSIC MOMENTUM PLATFORMS IS AT YOUR SOLE RISK. THE MUSIC MOMENTUM PLATFORMS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS.

LAX WEIR PRODUCTIONS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE MUSIC MOMENTUM PLATFORMS AND YOUR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION LAX WEIR PRODUCTIONS MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO AND ASSUMES NO LIBILITY FOR (1) ERROR, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MUSIC MOMENTUM PLATFORMS; (3) ANY UNAUTHORIZED ACCESS TO ITS USE OF ITS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANICAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MUSIC MOMENTUM PLATFORMS; (5) ANY BUGS, VIRUSES, TORGAN HORSES, OR THE LIKE WITH MAY BE TRANSMITTED TO ITS THROUGH THE MUSIC MOMENTUM PLATFORMS BY ANY THIRD PARTY; (6) ANY ERROR OR OMISSION IN ANY CONTENT OR FORAN LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILIABLE VIA THE MUSIC MOMENTUM PLATFORMS.
LAX WEIR PRODUCTIONS IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF THE THIRD PARTY MATERIAL, INCLUDING USER SUBMISSIONS AND ADVERTISING, FOR ANY REASON WHATSOEVER. YOU AGREE THAT LAX WEIR PRODUCTIONS WILL NOT BE LIABLE FOR YOUR RELIANCE ON, ACCESS TO, USE OF, OR DOWNLOADING OF MATERIAL AVAILABLE FROM, BY, OR THROUGH A THIRD PARTY.

Limitation of Liability
IN NO CASE SHALL LAX WEIR PRODUCTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL; DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MUSIC MOMENTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; ANY ERRORS OR OMISSIONS IN ANY CONTENT; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY OTHER MATTER RELATING TO THE SERVICE, MUSIC MOMENTUM, AND CONTENT.
LAX WEIR PRODUCTIONS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE MUSIC MOMENTUM PLATFORMS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LAX WEIR PRODUCTIONS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
IN NO EVENT WILL THE AGGREGATE OF MUSIC MOMENTUM, FOR ANY AND ALL OF YOUR CLAIMS, OR ANY THIRD PARTY CLAIMS, AGAINST LAX WEIR PRODUCTIONS, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE PURSUANT TO THESE TERMS OF USE OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF MUSIC MOMENTUM, OR YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SERVICE, EXCEED THE PRICE PAID BY YOU TO MUSIC MOMENTUM FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS

Indemnity and Waiver
You agree to indemnify and hold LAX WEIR PRODUCTIONS harmless with respect to any claims, costs, demands, liabilities, judgments, settlements, and expenses (including attorneys’ fees) arising out of your breach of these Terms of Use, your use of the MUSIC MOMENTUM Platforms, your violation of any third party right, including without limitation any copyright, property, or privacy right, any claim that your User Submissions caused damage to a third party, or any action taken by LAX WEIR PRODUCTIONS as part of its investigation of a suspected violation of these terms of use or as a result of its finding or decision that a violation of these terms of use has occurred. This means that you cannot sue or recover any damages from LAX WEIR PRODUCTIONS as a result of its decision or indecision to remove any information or content, to warn you, to suspend or terminate your access to the service, to take any action, or the failure to take any action, including but not limited to during the investigation of a suspected violation or as a result of LAX WEIR PRODUCTIONS conclusion that a violation of these terms of use has occurred.

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