e

Terms of Use

Music Indeed Terms of Use

Updated November 2019

Music Indeed, Inc. (“us”, “we”, or “our” “company”) operates the Music Indeed, Inc. website at https://MusicIndeed.org (together understood as the “Website” or “Site” or “Corporation” or “Service” or “Services”) and offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here with no warranty or guarantee either expressed or implied.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes here on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Age and Consent – By agreeing to these Terms of Use, you represent that you are at least the age of 18, and you have given us your explicit consent to allow any of your minor dependents to use this website.

Unauthorized Use and Action – You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this website and service, violate any laws in your jurisdiction (including but not limited to copyright laws.)

Malware – You must not transmit any worms or viruses or any code of a destructive nature.

Violations – A breach or violation of any of the Terms of Use will result in an immediate termination of your Services.

Headings – The headings used in this agreement are included for convenience of reference only and are not to be used in construing this instrument or any provision thereof, nor will they limit or otherwise affect these Terms of Use.

Right to Refuse Service – We reserve the right to refuse service to anyone for any reason at any time.

Content and Data Transmission – You understand that your content and data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and is not stored on our servers.

Copyright and Duplication – You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without prior express written permission by us.

Accuracy, Completeness and Timeliness of Information – We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting legal advice or primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, and we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to The Terms of Use, Service, and Prices – Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any 3rd-Party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services – Certain products or services may be available exclusively online through the website and/or for a limited time and subject to expiration. We are not responsible for notification of expired products or offers. These products or services may have limited quantities and are all non-refundable any under any circumstances.

Refund Policy – All items sold on the website are non-refundable under any circumstances.

Product Accuracy – We have made every effort to display as accurately as possible the colors and images of our products that appear at the website. We cannot guarantee that your device’s display of any color(s) will be accurate.

Limitation – We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

Quality – We do not warrant that this website or the quality of any products, services, information, or other materials whether free or purchased or obtained by you will meet your expectations, or that any errors in the Website or Service will be corrected. By using this Website and/or Service you indemnify and hold harmless Music Indeed, Inc. and their employees, contractors, heirs, and assigns and you hereby knowingly and intentionally waive any and all claims of whatsoever kind or nature which may arise out of this activity.

Accuracy of Billing and Account Information – We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information as needed, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools – We may provide you with access to 3rd-Party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. By using this Website and/or Service you hereby agree that we shall have no liability whatsoever arising from or relating to your use of optional 3rd-Party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant 3rd-Party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

3rd-Party Links – Certain content, products and services available via our Service may include materials from 3rd-Parties. 3rd-Party links on this website may direct you to 3rd-Party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any 3rd-Party materials or websites, or for any other materials, products, or services of 3rd-Parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any 3rd-Party websites. Please carefully review the 3rd-Party’s policies and practices and make sure you understand them before you engage in any transaction(s). Complaints, claims, concerns, or questions regarding 3rd-Party products should be directed to the 3rd-Party.

Personal Information – Your submission of personal information through the website is governed by our Privacy Policy at https://MusicIndeed.org/privacy-policy.

Errors, Inaccuracies and Omissions – Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice including after you have submitted your order. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses – In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, our Website users, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to harbor or store illegal, stolen, or copyrighted files, images, video, or data containing the Personally Identifiable Information of others. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Restrictions on Use – You may use this website for purposes expressly permitted by this site. You may not use this website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) 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 our Corporation. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party 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 website or content accessible within this site. You agree to cooperate with our Corporation in causing any unauthorized co-branding, framing or hyper-linking to cease immediately.

Proprietary Information – The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web website owned, operated, licensed, or controlled by our Corporation is the proprietary information of our Corporation or the party that provided the Content to our Corporation, and our Corporation or the party that provided the Content to our Corporation retains all rights, 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 our Corporation, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, logo, 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 our Corporation’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links – This website may be hyper-linked to other sites which are not maintained by, or related to, our Corporation. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this website or our Corporation. Our Corporation has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and our Corporation makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a 3rd-Party website does not necessarily imply endorsement by our Corporation of that site.

Submissions – If you send submissions with or without a request from us, you hereby grant to our Corporation the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any and all content, remarks, suggestions, plans, proposals, ideas, text, graphics, computer files, documents, photos, drawings, audio, video, or any other media or materials submitted, whether via electronic, online methods, email, postal mail, or otherwise. Our Corporation 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 Corporation operations. Our Corporation will treat any personal information that you submit through this website in accordance with its Privacy Policy as set forth on this website at https://MusicIndeed.org/privacy-policy.

Disclaimer – You understand that our Corporation cannot and does not guarantee or warrant that files available for download 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 security procedures, solutions, practices, and checkpoints to protect your equipment and to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. Our Corporation does not assume any responsibility or risk for your use of the Internet.

Content and Use – Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Corporation. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 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 Corporation does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.

Content Ownership and Copyright – All original content provided by Music Indeed, Inc. is the property of Music Indeed, Inc. and MAY NOT BE USED in any way, shape, or form, modified or not, in or on any website, video, photo, article, printed material or any other media or medium of any sort including those not listed herein without the express, written, signed permission of Music Indeed, Inc. Music Indeed, Inc. holds all rights and copyrights on all material posted on Website. If you believe you are the copyright holder of any item posted on Website please contact us using the information below and specify which item(s) so we may open a channel of communication with the intention of resolving any copyright claims or issues.

Use of This Website is at Your Own Risk – The Content is provided “as is” and without warranties of any kind, either expressed or implied. Our Corporation disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Our corporation does not warrant that the functions or content contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Our Corporation 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 Corporation may make changes or improvements at any time. You, and not our Corporation, 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 WEBSITE OR ITS CONTENT. OUR COMPANY 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.

Trademarks – Trademarks, service marks, and logos appearing in this website are the property of Corporation or the party that provided the trademarks, service marks, and logos to Corporation. Corporation and any party that provided trademarks, service marks, and logos to Corporation retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Restrictions On Information You Provide – You may not post, send, submit, publish, or transmit in connection with this website any material that you do not have the right to post, including proprietary material of any 3rd-party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this Website; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; 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 by Corporation for use on this site; solicits funds, advertisers or sponsors; includes programs which 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; 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; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this site; contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Monitoring & Submissions – Although under no obligation to do so, our Corporation reserves the right to monitor use of this Website to determine compliance with these Terms of Use, as well the right to remove or refuse service or any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Corporation nor any 3rd-party that provides content to Corporation will assume or have any liability for any action or inaction by Corporation, or such 3rd-party with respect to any submission.

Security – Any passwords used for this website are for individual use only. You will be responsible for the security of your passwords, if any. Corporation will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Corporation considers insecure, Corporation will be entitled to require the password to be changed and/or may terminate your account without penalty. You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password cracking programs, cracking tools, or network scanning tools) is strictly prohibited. If you become involved in any violation of system security, Corporation reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Corporation reserves the right to investigate suspected violations of these Terms of Use. Corporation reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Corporation to disclose the identity of anyone posting any 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 Corporation from any claims resulting from any action taken by Corporation during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Corporation or law enforcement authorities.

Jurisdiction of Disputes – These Terms of Use will be governed and interpreted pursuant to the laws of Hebron, Maine, Oxford County, USA, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Hebron, Maine, Oxford County, USA, in connection with any dispute between you and Corporation 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 or pertaining to the subject matter of these Terms of Use will be in the courts in Oxford County Maine, USA.

Disclaimer of Warranties and Limitation of Liability – We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Website or Service will be accurate or reliable. You agree that from time to time we may remove the Website or Service for indefinite periods of time or cancel them at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, guarantees, or conditions of any kind, either expressed or implied, including all implied warranties, guarantees, or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Indemnity – In no case shall Music Indeed, Inc., our directors, officers, employees, affiliates, agents, heirs, contractors, interns, volunteers, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or Service or any products procured using the Website or Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Website or Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Violations Of Terms Of Use – You agree to indemnify, defend and hold harmless Music Indeed, Inc. and our parent, subsidiaries, heirs, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, volunteers, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any 3rd-Party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a 3rd-Party.

Severability – 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. Such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. Corporation may revise these Terms of Use at any time by updating this posting.

Termination – The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Website or Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Website or Service or any part thereof.

Entire Agreement – The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms of Use. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Changes to Terms of Use – You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Questions and Contact Information – If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information about our company or services, contact our Privacy Compliance Officer at https://MusicIndeed.org/get-in-touch or by mail at:

Privacy Compliance Officer
Music Indeed, Inc.
294 Merrill Hill Rd
Hebron, ME 04238

Thank You for your Continued Support!

Music Indeed, Inc.