Terms of Service

I. Acceptance of Terms

This website is operated by Music Nomad LLC (“Music Nomad”), offering the services provided on its site (the “Services”). Any person accessing or using this site is referred to as “you.” By accessing or using any part of this site, you agree to comply with the following terms and conditions. These terms and conditions create a binding contract between you and Music Nomad. These terms and conditions may be amended and updated by Music Nomad from time to time. You are responsible for regularly reviewing these terms and conditions. If you do not wish to be bound by these terms and conditions, please do not access any part of this site.

II. Use of the Site

Unless specified otherwise, Music Nomad offers you access to this site solely for your personal and non-commercial uses. You agree to only access or use this site only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:
• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from this Site, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;
• damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site;
• obtain or attempt to obtain any materials or information through any means not made readily accessible by Music Nomad through this Site.

You will not access or attempt to access password protected, secure or non-public areas of this Site.

You will not create links from any Web site or Web page to any page within this Site.

You agree that Music Nomad may in its sole discretion and at any time terminate your access to and use of his site, or any part thereof, with or without notice. You further agree that use of this site and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Music Nomad reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through this Site may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Music Nomad to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Music Nomad does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Music Nomad from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software or sites.

III. Content Contained On This Site

The site and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on this Site (collectively, “Content”) is owned by Music Nomad and/or third parties with all rights reserved unless otherwise noted. Music Nomad grants you a limited license to access and use this Site and Content solely for informational, personal and non-commercial purposes (including printing individual pages from this Site provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of this site or the Content, except with express written consent of Music Nomad. You understand that all third party Content posted on, transmitted through, or linked from this site is the sole responsibility of the third party originator of such Content. Content is provided through this site AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Music Nomad be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that Music Nomad does not screen or approve third-party Content, provided, however, that Music Nomad reserves the right (but not the obligation) in its sole discretion to refuse, modify, delete or Music Nomad any Content that is available via this Site, for any reason.

IV. Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through this Site, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via this site. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Music Nomad as provided below.

You promise that you will not use this site to:
• Transmit any Content
o not related to appropriate subject matters consistent with the theme and subject matter of this website;
o which is misleading to others, including consumers;
o that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
o that you do not have a right to post and transmit under any law or under contractual relationships;
o such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
o and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

By Transmitting Content to this Site, you grant, and you represent and warrant that you have the right to grant to Music Nomad an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of this Site, you grant Music Nomad all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on this Site by any party for any purpose.

By Transmitting Content to this site, you agree to defend, indemnify and hold harmless Music Nomad and all of its contractors, suppliers, owners, officers, agents and employees of and from any and all claims, allegations, causes of action or liabilities arising from, concerning or deriving from the existence of the Content on this site, including, without limitation, claims of copyright or trademark infringement, libel, slander, defamation or other tortuous or wrongful behavior.

V. Privacy

Music Nomad will endeavor to keep your private information confidential, but it does not guarantee the privacy of any such information. Music Nomad does not intend to collect private information through this site, beyond names and email addresses for purposes of providing its Services, and it does not warrant that its site is secure. Do not post any information on this site that you deem to be confidential or that would cause you to suffer harm if viewed by third parties. Music Nomad will not sell your private information to third parties, though it may transmit such information to third parties for the purposes of providing the Services.

VI. Applicable Law/Dispute Resolution

THESE TERMS OF USE ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. YOU HEREBY CONSENT TO MEDIATION AND FINAL AND BINDING ARBITRATION BEFORE JAMS (WWW.JAMSADR.COM) AT THE JAMS OR JAMS-AFFILIATED OFFICE THAT IS CLOSEST IN PROXIMITY TO SONOMA COUNTY, CALIFORNIA. THE DISPUTE SHALL BE SUBMITTED FIRST TO MEDIATION AT JAMS, AND THEN, ONLY IF MEDIATION IS UNSUCCESSFUL, TO FINAL AND BINDING ARBITRATION. SUCH ARBITRATION, IF ANY, SHALL LAST NO MORE THAN ONE (1) DAY. BOTH SIDES AGREE TO BEAR THEIR OWN FEES AND COSTS.

VII. Legal Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Music Nomad as a result of the Terms of Use or accessing or using this Site. Music Nomad's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Music Nomad's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of this Site or information provided to or gathered by Music Nomad with respect to such use.

VIII. Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Music Nomad), the Terms of Use constitutes the entire agreement between you and Music Nomad with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Music Nomad with respect to this Site. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

IX. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THIS SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUSIC NOMAD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THIS SITE, SERVICES AND/OR CONTENT. MUSIC NOMAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

X. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD MUSIC NOMAD, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THIS SITE AND/OR MUSIC NOMAD AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

XI. Limitation of Liability

IN NO EVENT SHALL MUSIC NOMAD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MUSIC NOMAD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THIS SITE, AND ALL OTHER USE OF THIS SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

XII. Copyright

All materials on this site (as well as the organization and layout of this Site) are owned and copyrighted or licensed by Music Nomad, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted without the written permission of Music Nomad. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Music Nomad's Designated Agent at this site. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.