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TERMS OF USE AGREEMENT FOR SOLOPIANO.COM WEBSITE 1. READ THIS: This Terms of Use Agreement ("Agreement") is made by and between solopiano.com, a website owned and operated by Matthew Mayer of Mayer Music LLC with its sole location in Omaha, Nebraksa ("Website Owner") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this Web Site. BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER WEBSITE OWNER SOFTWARE, SERVICES, WEBSITES OR ANY OF WEBSITE OWNER'S LICENSEE SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. WEBSITE OWNER RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN WEBSITE OWNER'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED ON THE LEFT SIDE OF THE PAGE ENTITLED "ABOUT" ON THE WEBSITE OWNER'S WEBSITE. 2. ACCESS TO THIS SITE To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Website Owner believes the information you provide is not correct, current, or complete, Website Owner has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time. 3. RESTRICTIONS ON USE You may use this site for purposes expressly permitted by this site. As a condition of your use of Website Owner's website(s), you warrant to Website Owner that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not use Website Owner's website and may not authorize any party to use Website Owner's website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s). Further, you may not, nor may you authorize any party to, (i) use any trademark, service mark or logo of the Website Owner to co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Website Owner. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of Website Owner in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Website Owner in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. 4. PROPRIETARY INFORMATION The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Website Owner (the "Content") is the proprietary information of Website Owner or the party that provided or licensed the Content to Website Owner, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Website Owner. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Website Owner's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. 5. HYPER-LINKS This site may be hyper-linked to other sites which are not maintained by, or related to, Website Owner. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Website Owner. Website Owner has not reviewed any or all of such sites and is not responsible for the content of those sites. Website Owner is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Website Owner makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Website Owner provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Website Owner of that site or any association with its operators. 6. USE OF COMMUNICATION SERVICES Website Owner's websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that: i) you do not have the right to post, including proprietary material of any third party, ii) advocates illegal activity or discusses an intent to commit an illegal act; iii) is vulgar, obscene, pornographic, or indecent; iv) does not pertain directly to this site; v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent; viii) violates any law or may be considered to violate any law; ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded; xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; xii) solicits funds, advertisers or sponsors; xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; xv) includes MP3 format files; xvi) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys; xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above. Website Owner reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Website Owner reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Website Owner also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Website Owner nor any third party that provides Content to Website Owner will assume or have any liability for any action or inaction by Website Owner or such third party with respect to any submission. Website Owner cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Website Owner does not control or endorse the content, messages or information found in any Communication Service and, consequently, Website Owner specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Website Owner spokespersons, and their views do not necessarily reflect those of Website Owner. 7. SUBMISSIONS You hereby grant to Website Owner permission to use and play all content, remarks, suggestions, or other information communicated to Website Owner through this site (together considered the "Submission") free of any and all performance fees, publishing fees, licensing fees, implied or not and to incorporate any Submission in other works in any form, media or technology now known or later developed, including, but not limited to www.live365.com, a third party broadcast service used by Website Owner to support "The Stream" at SoloPiano.com. Website Owner will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Website Owner operations. "The Stream" at SoloPiano.com is governed by the laws and regulations of internet broadcasting through Live365.com, which includes, but is not limited to, Digital Millennium Copyright Act ("DMCA") regulations. Thus, by submitting your music for consideration of your musical work being performed on "The Stream" or played as a Feature you agree to the following: - You grant solopiano.com, Matthew Mayer and Mayer Music, LLC full permission to broadcast, stream, play, and promote your music over the internet. This can include, but is not limited to, www.SoloPiano.com, "The Stream" at SoloPiano.com, and solopianostream.com. - You are the sole copyright owner of the musical works that you submit to Matthew Mayer, SoloPiano.com and Mayer Music, LLC. If you have submitted any public domain arrangements, you attest that you are the copyright owner of the arrangement and derivative works. You attest that you have not transferred any rights in the musical works to any other parties, including, but not limited to, the American Society of Composers, Authors and Publishers ("ASCAP"), Broadcast Music, Inc. ("BMI"), the Society of European Stage Authors and Composers ("SESAC"), Sound Exchange, the entity responsible for copyrighted musical performance licensing and royalty distribution, or any other similar performing rights organization. You understand that though you submit your music for consideration, you maintain copyright and ownership of all of the musical works you submit to SoloPiano.com or "The Stream" at SoloPiano.com. - You are allowing and give full consent for solopiano.com to play your music free of any royalty, fees, licensing fees or any other applicable fees and hereby release and waive solopiano.com, Matthew Mayer and Mayer Music, LLC from any responsibility for payment of royalties to any publishing company, licensing fees, copyright fees or any other applicable fees. - You are submitting your music to solopiano.com with the expectation that if your music is played on any part of this website or through "The Stream" that it is done free of charge and liability from Matthew Mayer, Mayer Music LLC, solopiano.com, Live365.com, and anywhere else it may stream. 8. DISCLAIMER You understand that Website Owner cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Website Owner does not assume any responsibility or risk for your use of the Internet. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WEBSITE OWNER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WEBSITE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WEBSITE OWNER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WEBSITE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WEBSITE OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Website Owner does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete. 9. LIMITATION ON LIABILITY WEBSITE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WEBSITE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO WEBSITE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. 10. TERMINATION OR RESTRICTION OF ACCESS Website Owner reserves the right, in its sole discretion, to terminate your access to any or all of Website Owner's websites and the related services or any portion thereof at any time, without notice. 11. INDEMNITY You will indemnify and hold Website Owner, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. 12. TRADEMARKS AND COPYRIGHTS Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Website Owner or the party that provided the trademarks, services marks, logos, and copyrighted works to Website Owner. Website Owner and any party that provided trademarks, service marks, logos, and copyrighted works to Website Owner retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. All contents of Website Owner's websites are Copyright 2010. Mayer Music LLC, Matthew Mayer. P.O. Box 540070, Omaha, NE 68154. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. 13. SECURITY Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Website Owner will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Website Owner considers insecure, Website Owner will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Website Owner reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Website Owner reserves the right to investigate suspected violations of these Terms of Use. Website Owner reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Website Owner to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS WEBSITE OWNER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEBSITE OWNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WEBSITE OWNER OR LAW ENFORCEMENT AUTHORITIES. 14. MISCELLANEOUS These Terms of Use will be governed and interpreted pursuant to the laws of Nebraska, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Nebraska in connection with any dispute between you and Website Owner arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Omaha, Nebraska. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Website Owner as a result of this agreement or use of Website Owner's websites. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Website Owner with respect to Website Owner's websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Website Owner may revise these Terms of Use at any time by updating this posting. I agree to the terms of use