Unchained Music Inc. Terms of Service

General

Who we are and what is covered by these terms. This website, Unchainedmusic.io  (the “Site”), is owned and operated by Unchained Music Inc.  (“COMPANY,” “we” or “us”). The user (“you”, “the user”) of the Site  and the services available on or at the Site, taken together with the use of the Site, are hereby known as the "Services." By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

Things change. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You

Please don’t steal our intellectual property. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

Please don’t steal other people’s intellectual property and say it’s yours. By posting or submitting any material (including, without limitation, files hosted on third party storage providers, comments, blog entries, Facebook postings, images, photos, audio files, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older. By submitting material on the Site or any platform therein, you expressly represent and warrant that you own the right to reproduce this material. You are prohibited from submitting work consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other content not created by you, not authorized for use by you, not in the public domain, or otherwise without a valid claim of fair use.

Reporting of copyright infringement materials. Unchained Music respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).

We respect your work and we ask that you respect the work and creative rights of others. You need to either own the material you submit to Unchained Music, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state, federal, and international laws. We are committed to following appropriate legal procedures to remove infringing content from the Services. Unchained Music will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. Unchained Music reserves the right to immediately suspend your use of the Services; When we receive notice of copyright infringement by email or otherwise, we aim to respond quickly by removing and disabling access to the Services associated with the allegedly infringing material. When Unchained Music removes and disables access in response to such a notice, Unchained Music makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.

DMCA Cooperation:

Unchained Music’s copyright infringement notice and content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act of 1998 (the “DMCA”). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, Unchained Music’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers. Counter DMCA Notifications: If Unchained Music receives a DMCA counter notification, Unchained Music will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Unchained Music of this action, the removed and disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any material removed and disabled shall remain removed and disabled at the sole discretion of Unchained Music.

Don’t submit illegal, false, or misleading material. There are certain types of material we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not submit any material that is abusive, threatening, defamatory, illegal or in violation of any part of these terms. You also agree not to submit any material that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.

How we use the material you submit to us. By submitting material to Unchained Music, you grant Unchained Music a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your submitted materials to provide the Services and to promote Unchained Music and/or links to the linked NFT on other sites, or the Services in general, in any formats and through any channels, including across any third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.

We would like to display your submitted material on our site. You acknowledge that Unchained Music has the right but not the obligation to use and display links to your submitted material available on third party sites and that Unchained Music may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. You may opt-out of this by contacting us at support@unchainedmusic.io.

You have the rights to reproduce the material you are submitting. You expressly represent and warrant that submitted material to Unchained Music contains only content authorized for use. By submitting material you represent and warrant that the display or use of the submitted material on the website is not a violation of any agreement, contract, or obligation owed to a third-party.

Please ask permission before linking or framing our site’s content. Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Using our services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services and integrations subject to these terms and the following restrictions in particular:

Disclaimers:

We link to other sites. Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

We don’t control what other people might say about us or anything else. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Unchained Music. Neither Unchained Music nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Unchained Music neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Unchained Music representative while acting in his/her official capacity.

Limitation of Liability’ Representations and Warranties. USE OF THIS SITE INCLUDING ANY Unchained Music CONTENT, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THE SITE INCLUDING ANY Unchained MusicCONTENT ARE PROVIDED "AS IS", “AS AVAILABLE', “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  SPECIFICALLY, Unchained Music DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY Unchained Music CONTENT. Unchained Music DOES NOT WARRANT THAT THE SITE AND ANY Unchained Music CONTENT WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; OR (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Unchained Music HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.  IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD.  THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY USERS, OUR LIABILITY TO NEW JERSEY USERS IS THE MINIMUM AMOUNT REQUIRED UNDER NEW JERSEY STATE LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY Unchained Music’s NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND SOUTH CAROLINA SOLAR NETWORK MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. WE ARE INTO AFFILIATED WITH ANY GOVERNMENTAL AUTHORITY, WHETHER FEDERAL, STATE, OR LOCAL, NOR DO WE SELL SERVICES OR PRODUCTS TO CONSUMERS. ALL SERVICES OR PRODUCTS MUST BE PURCHASED THROUGH OUR THIRD PARTY NETWORK MEMBERS.

Release. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.  YOU RELEASE US FROM ANY LIABILITY RELATING TO OUR SITE OR Unchained Music CONTENT, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US. THIS RELEASE DOES NOT APPLY TO NEW JERSEY USERS.

Please don’t hold us responsible if you break this agreement. You agree at all times to defend, indemnify and hold harmless Unchained Music its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein. This indemnity provision will survive this contract. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Miscellaneous

Choice of Law. These Terms of Service shall be governed by the laws in force in the State of Delaware, United States. The offer and acceptance of this contract is deemed to have occured in the State of Colorado, United States.

Forum. By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us or the Site arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action (does not apply to New Jersey users) and the arbitration shall be held in Las Vegas, NV or at such other location as may be mutually agreed upon by you and Unchained Music; (3) the arbitrator shall apply Nevada law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Unchained Music’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (this does not apply to New Jersey users); (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures both parties shall be entitled to appear electronically or telephonically for all proceedings;  and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Unchained Music shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org.  In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located Las Vegas, NV.

Class Action Waiver. You and Unchained Music agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

Severability. In the event that a provision of this contract is found to be unlawful, conflicting with another provision of the contract, or otherwise unenforceable, the contract will remain in force as though it had been entered into without that unenforceable provision being included in it.

Non-Waiver. If two or more provisions of this Terms of Service t or any other agreement you may have with Unchained Music are deemed to conflict with each other’s operation, you agree that Unchained Music shall have the sole right to elect which provision remains in force.

Survival. All provisions of this contract which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.  You agree that we are not required to provide you with access to our Site and may terminate our Site or your access to the Site at any time and for any reason.

Assignment. You may not assign your rights and/or obligations under this contract to any other party without our prior written consent.  We may assign our rights and/or obligations under this contract to any other party at our discretion.

Amendments. We may amend this contract from time to time.  When we amend this contract we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.

State of California Users. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about us must be sent to our agent for notice to: support@unchainedmusic.io.©Unchained Music Inc 2021 Company