PROVISIONS GOVERNING USE BY ALL USERS
A User’s access to and use of the Website, as well as the engagement and provision of HTTP://WWW.NJNYCMUSIC.COM’s profile abilities that may include and not be limited to; comment and messenger service provided in connection with the Site and/or the App, are governed by this Agreement. The Site and the App are owned and operated by an independent web developer and the information, materials, and services available through the Site and the App are subject to all applicable laws and regulations and the terms and conditions set forth in this Agreement. USER AGREES THAT BY INDICATING USER’S ACCEPTANCE OF THIS AGREEMENT, AS PROVIDED FOR ABOVE, USER IS AT LEAST 18 YEARS OF AGE AND IS LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
This Site and the App are commercial in nature and are NOT intended for use by children or anyone under the age of 18 years of age.
(Please gain parental consent before accessing this website if you are under the age of 18 years old.)
IF USER, OR ANYONE ELSE ACTING THROUGH USER’S ACCOUNT, VIOLATES THIS AGREEMENT, INDEPENDENT WEB DEVELOPER MAY TERMINATE ANY AND ALL ACCOUNTS USER HAS ESTABLISHED AT THIS SITE OR THROUGH THE APP AND MAY TERMINATE THIS AGREEMENT IN FULL, WITHOUT PROVIDING NOTICE TO YOU.
License Grant/ Permitted Uses
HTTP://WWW.NJNYCMUSIC.COM hereby grants to User a limited, revocable, non-exclusive, non-transferrable, non-sublicensable right and license to access and use the Site, subject to the terms and conditions set forth in this Agreement, and such other terms, conditions and/or agreements that may be set forth on the Website or the App.
You understand and agree that HTTP://WWW.NJNYCMUSIC.COM and its Affiliates may review and delete any Content that in the sole judgment of Moderator or its Affiliates violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
You are solely responsible for the Content that you publish or display.
The term “Content” as used herein means any and all posting, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Site and the App.
Unless otherwise indicated, the Site and the App, as well as their respective design, text, Content, selection and arrangement of elements, organization, graphics, and compilation, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of HTTP://WWW.NJNYCMUSIC.COM or are included with the permission of the rights owner and are protected pursuant to applicable copyright and trademark laws.
By posting Content to any public area of the Site or the App, you automatically grant, and you represent and warrant that you have the right to grant, to HTTP://WWW.NJNYCMUSIC.COM and its Affiliates an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing.
The following is a representative list of the kind of Content that is illegal or prohibited on the Site or the App. HTTP://WWW.NJNYCMUSIC.COM and/or its Affiliates reserve the right to investigate and take appropriate legal action in their sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and/or the App and terminating the membership of such violators. For example, it includes Content that:
Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displays pornographic or sexually explicit material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
Contains or comprises non-local or otherwise irrelevant Content, is repetitious to the same or similar Content already contained on the Site or otherwise imposes an unreasonable or disproportionately large load on our infrastructure.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, losses or other costs (from any party) related to such exposure.
You must use the Site and the App in a manner consistent with any and all applicable laws and regulations.
Although HTTP://WWW.NJNYCMUSIC.COM cannot monitor the conduct of its users off the Site or the App, it is also a violation of these rules to use any information obtained from the Site or the App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Site without their prior explicit consent.
HTTP://WWW.NJNYCMUSIC.COM neither warrants nor represents that use of Content displayed or stored on the Site or the App will not infringe rights of third parties not owned by or affiliated with HTTP://WWW.NJNYCMUSIC.COM.
All User Submitted Content is the sole responsibility of the person from whom such User Submitted Content originated. HTTP://WWW.NJNYCMUSIC.COM (and its Affiliates) does not control, and is not responsible for User Submitted Content and by using the Site or the App, you may be exposed to User Submitted Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and the App may contain links to other websites, which are completely independent of HTTP://WWW.NJNYCMUSIC.COM. HTTP://WWW.NJNYCMUSIC.COM and its Affiliates make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, HTTP://WWW.NJNYCMUSIC.COM and its Affiliates make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any Content posted on, transmitted through, and available on or through the Site or the App. Users bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will HTTP://WWW.NJNYCMUSIC.COM or its Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site or the App. You acknowledge that HTTP://WWW.NJNYCMUSIC.COM (and its Affiliates) does not pre-screen or approve Content prior to posting. HTTP://WWW.NJNYCMUSIC.COM makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user.
And further, as to Content:
You understand and agree that HTTP://WWW.NJNYCMUSIC.COM and its Affiliates may review and delete any Content that in the sole judgment of HTTP://WWW.NJNYCMUSIC.COM or its Affiliates violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
You are solely responsible for the Content that you publish or display.
User Submitted Content. Users understand that by creating a User Account, they have the opportunity and the ability to submit and/or post Content to the App and/or the Site (“User Submitted Content”). Each User hereby represents and warrants that he or she owns, free and clear of all liens or encumbrances, all right, title and interest in and to any and all User Submitted Content, including any and all copyrights, trademarks and/or other intellectual property rights associated with such User Submitted Content or displayed in connection therewith.
By submitting User Submitted Content to be used on the Site, you agree that HTTP://WWW.NJNYCMUSIC.COM and its parents, subsidiaries and affiliates (“Affiliates”) may use such User Submitted Content, as well as your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein. You grant the rights hereunder whether or not such User Submitted Content or your name, voice, or image, or any quotes attributable to you are used in any manner by HTTP://WWW.NJNYCMUSIC.COM or its Affiliates and HTTP://WWW.NJNYCMUSIC.COM and its Affiliates reserve the right in HTTP://WWW.NJNYCMUSIC.COM’s (and its Affiliates’) sole discretion NOT to use any User Submitted Content. You grant these rights to HTTP://WWW.NJNYCMUSIC.COM and its Affiliates worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the User Submitted Content in any media for any purpose including but not limited to publication on the Site and the App, advertising and marketing, and other commercial uses in connection with the Site and the App. You waive all rights related to HTTP://WWW.NJNYCMUSIC.COM’s (and its Affiliates’) use and release, discharge and hold harmless HTTP://WWW.NJNYCMUSIC.COM and its Affiliates, and their officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of User Submitted Content, your name, voice, or image, or any quotes attributable to you. You further understand and agree that third parties may view the User Submitted Content and may comment on it as they see fit such as in (but not limited to) contests, blogs or polls.
In addition and by submitting User Submitted Content:
You understand and agree that the User Submitted Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Site or the App, without further consent or approval, and that whether or how the User Submitted Content is used in the Site or the App is entirely within HTTP://WWW.NJNYCMUSIC.COM’s (or its Affiliates’) sole discretion.
You certify that you are the original author (or have a written assignment of all rights from the author) of the User Submitted Content; are the sole copyright owner of the User Submitted Content; are the only person depicted in the User Submitted Content (if any); and that you have complete authority to grant to HTTP://WWW.NJNYCMUSIC.COM and its Affiliates the rights stated herein.
You understand and agree that all User Submitted Content is subject to review and editing by HTTP://WWW.NJNYCMUSIC.COM or its Affiliates prior to any posting or use by HTTP://WWW.NJNYCMUSIC.COM or its Affiliates. You further acknowledge that HTTP://WWW.NJNYCMUSIC.COM (or its Affiliates) reserves the right to remove any User Submitted Content from the Site or the App at any time and for any reason at HTTP://WWW.NJNYCMUSIC.COM (or its Affiliates’) sole discretion.
Content Restrictions and Disclaimer of Warranty. Neither the Site nor the App nor any Content displayed thereon or in connection therewith may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Christian Thomas Sutter’s express prior written permission.
All Users hereby agree that they or anyone acting on their behalf, command or control shall not undertake to reverse engineer, disassemble or decompile any software or source code associated with the Website and the App. Further, Users or anyone acting on their behalf or command or under their control shall not decrypt, extract, or otherwise attempt to discover any source code, trade secrets or confidential information contained on or in the Website and the App.
Data Protection Consent
The Site and the App may contain links and/or advertisements to other websites that may not be maintained by or related to HTTP://WWW.NJNYCMUSIC.COM. An advertisement of, or link to, a non- HTTP://WWW.NJNYCMUSIC.COM website does not mean that HTTP://WWW.NJNYCMUSIC.COM approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website.
HTTP://WWW.NJNYCMUSIC.COM and its Affiliates are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by HTTP://WWW.NJNYCMUSIC.COM. HTTP://WWW.NJNYCMUSIC.COM(and its Affiliates) does not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site or the App, the content thereof, or the products and/or services made available through such websites. If you decide to access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while you are on such websites.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site and the App.
In consideration of your use of the Site and the App, you agree to use the Site and/or the App in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site or the App any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and/or computer network. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site or the App is strictly prohibited. HTTP://WWW.NJNYCMUSIC.COM reserves all rights and remedies available to it.
Modification and Discontinuation
HTTP://WWW.NJNYCMUSIC.COM reserves the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site, the App (or any portion thereof) and/or the information, materials, products and/or services available through this Site or the App (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site or the App.
In the event a user should need to reach our administration they may email SwissCountryBoy@icloud.com