TERMS OF SERVICE

 

Effective date: May 4th, 2018.

 

Please read these Terms of Service (the “Terms”) carefully. By accessing or using any of the Internet-based websites (https://www.musicforincome.com/, and all subdomains, hereinafter referred to as the “Site”), application-based services (“apps”), or other products or services of Michael Kruk, d/b/a MusicForIncome.com (“MusicForIncome,” “we,” “our,” or “us”), including accessing any of the Content or purchasing any of the Programs (defined below) located within or on such website and/or apps, or by accessing or using any of the services, content, features, or functionality that are made available by other companies through any of our Internet-based websites, apps, or other products or services (all of the foregoing, collectively, the “Services”), you (interchangeably, with and without others, either separately or collectively, “you” or “user”) agree to be bound by these Terms.  If you do not agree to be bound by these Terms, do not use our Services.

 

If you use any of the services, features, or functionality that is made available by a third party in connection with or through our Services, the specific terms of use and privacy policy (or equivalent agreements) of each such third party will govern the specific service, feature, or functionality provided by the respective third party, and we advise you to read such third party’s terms of use and privacy policy. 

 

By using our Services, you affirm that you are at least 18 years of age and that you are fully able and competent to agree to be bound by these Terms, including all representations, warranties, and obligations, or, if you are not 18 years of age, that your parent or guardian consents to your use of the Services and agrees to be bound by these Terms, including all representations, warranties, and obligations.  Anyone under the age of 13 is expressly prohibited from using the Services or accessing the Content.  In addition, you affirm that you are not currently in any way precluded from using the Services, that you have not previously been precluded from using the Services, and that we have not in any way discontinued, suspended, other otherwise blocked your use of the Services due to any failure by you to comply with the then-effective terms of use for the Services. 

 

MusicForIncome reserves the sole right and discretion to do any of the following at any time and for any reasons, without any notice to you: refuse to provide the Services or any portion of them to any person, or to discontinue, suspend, or block the Services (including only or specifically your use of the Services).

 

ARBITRATION NOTICE: These Terms contain provisions that govern how disputes between you and us may be resolved. It is important for you to understand that, except for certain circumstances outlined below, by using our Services you agree to binding arbitration and you waive any right to participate in a class-action lawsuit or class-based arbitration. 

 

 

 

 

1. Privacy 

 

By using the Services you agree to our Privacy Policy with respect to your information.  Our Privacy Policy is available at the following URL: www.musicforincome.com/privacypolicy. 

 

2. Services, Content, Intended Use 

 

MusicForIncome has developed and maintains instructional and educational content relating to composing and/or writing music and marketing such music with intent to generate profits therefrom.  Such instructional and educational content includes, but is not limited to, written material such as articles, reports, studies, statistics, findings, and opinions, visual presentations and graphics, such as graphs, charts, photographs, and drawings, and audio and video recordings, such as instructional videos, and any other such content as may be developed from time to time (collectively, the “Content”).  The Content also includes various Programs, which are available to you for purchase, which are described in more detail below.  The Services are designed and are intended to provide the you with access to the Content.  Please note that if you access or use the Services from a mobile device, you may incur data charges associated with such access or use.  MusicForIncome shall not be liable for, nor have any responsibility for, any such data charges (including any data overages). 

 

3. Account Information

 

In order to use MusicForIncome and the Services, you will be required to create an account, which will require certain information about you, including your email address, name, and password (“Account Information”).  Your failure to provide use with accurate and current Account Information may impair our ability to provide you with effective Services.  We are not responsible for unauthorized access to your MusicForIncome account.  You will contact us immediately if you believe an unauthorized third-party may be using your MusicForIncome account or if your MusicForIncome account information is lost or stolen. 

 

4. Password and Account Security

 

Although we take reasonable measures to ensure the security of the Services, you are responsible for all activity in connection with your MusicForIncome account. We encourage you (and you are solely responsible) to ensure that you keep your username and password safe and secure from other users or third parties. MusicForIncome will have no responsibility or liability for any loss, claim, obligation, or damage that occurs if your MusicForIncome account is used or accessed by any other user or third party (whether authorized or unauthorized).

 

5. Programs; Payment; Refund Policy; Additional Features

 

A. Course Programs

 

MusicForIncome offers for sale certain instructional and educational videos and content relating to composing and/or writing music and advertising such music with the intent to generate income and profits therefrom (each, a “Program,” and collectively, the “Programs”).  MusicForIncome may offer, from time to time, various different levels or tiers of Programs, each of which may have certain features, content, discounts, or functionality that is not contained in other levels/tiers.  MusicForIncome may alter, modify, or terminate any or all such Programs at any time, without notice to you, provided, however, that if any Program that you purchased is altered or modified, such alterations and/or modifications will, to the extent possible, be of equal quality for that particular Program.  The Programs are offered for instructional and educational purposes only, and are not guaranteed to deliver any specifics results, specifically including, but not limited to, marketable music and/or any certain level of income or profits. 

 

B. Payment

 

Payment for all Programs will, unless otherwise expressly noted, be listed in United States Dollars (USD).  Payment may be a one-time payment in full, or may otherwise be offered in installments, in each case as indicated on the Site at the time of your purchase of a Program.  Payment for the Programs will be processed through a third-party payment processor, such as Stripe or PayPal, and in making such payment you will be directed to such third-party’s secure checkout page.  

 

C. Refund Policy for Programs

 

Unless otherwise stated in these Terms or on the Site, MusicForIncome offers a 30-day refund policy for the "Library Music That Sells" program (for all levels and tiers), provided that the criteria set forth below are met. No refunds will be granted after 30 days from the date of purchase of "Library Music That Sells". For all other products, programs and courses, including all deposits, installments and payment plans, there are no refunds and all sales are final. 

 

Within 30 calendar days from date of purchase, contact our support team at: info@musicforincome.com, requesting a refund, including the following in the subject line: “REFUND REQUEST”.  Within such email, please include: (i) your name; (ii) the Program(s) purchased; (iii) the date you purchased such Program(s); (iv) the reason a refund is requested; and (v) the information and documentation set forth below.

 

To qualify for a refund, you must submit all of the completed course Assignments for your Program.  As used herein, “Assignments” means any and all worksheets, assignments, and exercises, including composing exercises and mp3 audio files.  “Assignments” does not include the various quizzes that are contained within the Programs.

 

Upon submission of your email request for a refund, as well as all necessary Assignments, please allow up to ten business days for MusicForIncome to review and process the refund, if applicable.  You must demonstrate a genuine, reasonable effort to have completed and/or participated with the Program to receive a refund, in which case your refund with not be unreasonably withheld.  However, MusicForIncome may decline to process your requested refund if such efforts are not clearly demonstrated by your submitted Assignments.  Unless otherwise agreed between you and MusicForIncome, any such refund will be processed through the third-party payment processor you used to purchase the refunded Program, or other suitable means of refunding. Where MusicForIncome is charged a fee by a third party merchant, such as Paypal or Stripe, for processing the transaction when you purchased the course, this fee shall be deducted from the amount refunded to you. These merchant transaction rates can be found by visiting the website(s) of these companies.

 

D. Refund Policy for all products, programs and courses other than “Library Music That Sells.”

 

No refunds are available for any MusicForIncome products, programs and courses, (including any deposits, installments and payment plans), except for the “Library Music That Sells” Program.

 

E. Additional Features; Access

 

The Programs may include certain additional content, information, discounts, access, or other bonus features, including, but not limited to: (i) lists of existing music libraries and contact information; (ii) discount codes for certain third-party education, software, and/or equipment; and (iii) music critiques and/or mentorship phone or video calls  (collectively, the “Additional Features”).  The Additional Features that are applicable to each level/tier Program will be listed on MusicForIncome’s website, and such applicable Additional Features may be altered, modified, updated, terminated, or replaced at any time, without notice to you.  Due to the 30-day refund policy for the Programs, most of the Additional Features applicable to your Program will not be made available to you until such 30-day period has expired, provided that the list of music libraries, music critiques, and/or mentorship phone or video calls will not be available until 35 days.  However, if you wish to gain access to such Additional Features before the expiration of the 30-day period, you may do so by requesting such access at: info@musicforincome.com.  Please note that requesting early access to the Additional Features will void your ability to obtain a refund for that Program.  Once your applicable music critique and/or mentorship phone or video call, if any, have become available to you, email MusicForIncome at info@musicforincome.com to schedule such critique and/or call. 

 

Although MusicForIncome will use reasonable efforts to ensure that all Additional Features are up to date at the time of your purchase of a Program, MusicForIncome cannot guarantee, and makes no representation or warranty that such Additional Features that are offered by a third-party will be available and/or redeemable at the time of your purchase of a Program or your exercising such Additional Feature.  MusicForIncome has no responsibility or liability to ensure that any such third-party Additional Feature is honored, and any such issue regarding this is between you and the particular third-party that is offering/providing such Additional Feature(s).

 

F. Use of List of Music Libraries; Prohibited Communications

 

Part of the Additional Features may include a list and contact information for certain online music libraries.  Such list and contact information has been obtained from publicly available sources, and MusicForIncome is proving such list and contact information for free as part of the Additional Features with your purchase of an applicable Program.  MusicForIncome does not have any specific relationship with such music libraries.  If you ever contact any such music library(ies), you are expressly prohibited from making any claim or representation that MusicForIncome has recommended or invited you to connect with such library(ies), or that MusicForIncome in any way endorses your music.  

 

G. Installment Plans; Amounts Past Due; Non-payment

 

If you purchase a Program on an installment plan, the first installment will be due and owing on the date of purchase of the Program, with the next installment being due and owing 30 days thereafter, and the subsequent installment payment 30 days after that, with such sequent repeating until the Program is paid in full.  MusicForIncome may cease to offer installment plans at any time, without notice.  If you: (i) fail to make an installment payment within 10 days of the date such payment is due; (ii) cancel your payment method to which the installment plan is set up (e.g. credit card, debit card, or PayPal account, etc.) without substituting a new payment method; or (iii) otherwise terminate, modify, cancel, delete, or otherwise interfere with your payment plan such that no further installment payments are made to MusicForIncome, you will be in default of such installment plan and MusicForIncome will be entitled to all amounts that remain due and owing, immediately, without notice to you.  You will also be liable for, and agree to pay, all MusicForIncome’s reasonable costs of collection for such amounts due and owing, including attorneys’ fees, both in collection efforts and any small claims actions. 

 

H. Tier Upgrades

 

It is possible to upgrade your tier at any time. All balances must have been paid in full for a product before an upgrade is allowed. The amount payable for the upgrade will be calculated at the full retail price of the tier you want to upgrade to, minus the amount already paid for your initial tier. The following conditions apply: If you initially purchased as a one time payment, you can choose to pay this difference as a one time payment and the full retail one time payment price of the new tier will apply. Alternatively you can choose to pay the difference as installments. In this case, the amount due will be the total installments amount of the new tier at it's full retail price, minus the balance paid of your initial purchase. This total will then be broken down into 4 monthly installments. If you made your initial purchase as an installment plan, the one time price of the new tier will not apply to you as a purchase option. In this case, the amount due will be the total installments amount of the new tier at it's full retail price, minus the total balance paid of your initial purchase. This total will then be broken down into 4 monthly installments. Tier upgrades will make both the upgrade or initial purchase ineligible for a refund.

 

6. User Feedback

 

Any feedback, suggestions, or comments that you provide to us or to any user through the Services (whether through posting, email, online messaging services, or other means) is done so voluntarily by you, and we may use (or not use) any such feedback, suggestion, or comment, in any way (including new ways to promote the Services, or the development of new functions or features in connection with the Services, the Content, or any Programs) without any obligation to you or from any other person with which we have a business relationship.  We will not be liable to you or any other party for the use of any such feedback, suggestions, or comments. 

 

7. User’s License to Use the Services

 

All right, title, and interest in and to the Services and the Content is and shall remain the property of MusicForIncome, its affiliates, or licensors (as the case may be).  The Services and the Content are and may be protected by various laws, including copyright, trademark, patent, and/or other intellectual property laws in the United States of America, the United Kingdom, the European Union, and elsewhere. Nothing in these Terms grants to any user any ownership interest in the Services or the Content, including any intellectual property rights, nor does anything in these Terms grant to any user any rights in or the right to use, copy, reproduce, or distribute any of the Content or the names, trademarks, logos, websites, domain names, or any other features of MusicForIncome’s business. 

 

Notwithstanding the foregoing, MusicForIncome hereby grants to you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable, worldwide, license to use the Services and its functions in accordance with these Terms (as may be amended from time to time, the “Services License”). MusicForIncome reserves all rights that are not expressly granted in the Terms. The Services License is revocable by us at any time and for any reason—without any notice to you.  The Services License is intended for personal use only, and does not permit you to use the Services, or anything contained therein or thereon (including but not limited to the Content, designs, text, graphics, images, video, information, logos, software, audio files, and computer code) for any business or commercial purpose.  Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without such other user’s prior explicit consent. 

 

8. Prohibited Uses of the Services

 

You are not permitted to do, or attempt to do, any of the following in connection with the Services:

 

any action that is illegal, or that is not authorized by these Terms or the terms of any third party that provides (or otherwise assists us with providing) any part of the Services;

use any portions of the Services that you are not authorized to use;

probe, scan, or test the vulnerability of our computer systems or networks (nor those of any third-party with which we have a business relationship);

breach or compromise the security of the Services;

forge any information (including TCP/IP packet headers) that is used in connection with or posted on the Services, or use the Services to send any altered, deceptive, or false source-identifying information, communications, or emails; 

interfere with, disrupt, or inhibit any other user from using the Services or any portion of them, or otherwise damaging, disabling, overburdening, or impairing the functionality of the Services;

interfere with or disrupt use or access to the Services, including with respect to any server, host, or network in connection with the Services; 

use any robot, spider, crawler, scraper, or other automated means of extracting data from the Services;

impersonate another user or use or access another user’s account without that user’s authorization;

use the Services to send any unsolicited emails, messages, spam, or other content;

reverse engineer, decipher, decompile, or disassemble, or permit any other party to do any of the foregoing, with respect to all or any portion of the Services;

harass, intimidate, or stalk any other user, or perform any other conduct that is predatory in nature or otherwise in violation of any law;

develop or create any third party applications that interact with the Services without our prior written consent;

buy, sell, rent, lease, or otherwise offer in exchange for any value or compensation whatsoever, or without any value or compensation whatsoever, (i) use of or access to your MusicForIncome account or the MusicForIncome account of another user, or (ii) any portion of the Content, whether the Content is made available through the Services or you otherwise obtain it from another source;

misrepresent your affiliation with any person or entity or otherwise impersonate any person or entity;

use any portion of the Services or the Content for any purposes not authorized by these Terms;

copy, repost, disseminate, circulate, publish, or otherwise display in any way, any portion of the Content, whether the Content is made available through the Services or you otherwise obtain it from another source. 

 

9. Disclaimers

 

A. Disclaimer of Warranties

 

Your access and use of the Services is at your own risk.  THE SERVICES, THE CONTENT, AND ALL DATA AND INFORMATION OBTAINED VIA THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO AND UNDER APPLICABLE LAW, MUSICFORINCOME MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, THE CONTENT, OR YOUR USE OF THE SERVICES, THE CONTENT, OR ANY DATA OR INFORMATION OBTAINED VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

 

The Services, the Content, and all data derived from the Services, including written materials, audio, video, text, or other formats may contain information, studies, research, opinions, findings, or results relating to composing and/or writing music and the marketing of such music to generate profits.  Any and all such information, studies, research, opinions, findings, or results were created and/or are provided by MusicForIncome (whether through the Services, the Content, the Programs, or otherwise) for educational and informational purposes only.  MusicForIncome makes no representation and assumes no liability or responsibility for the accuracy or reliability of the Services, the Content, the Programs, or any data or information derived therefrom, all of which is subject to change for various reasons, including, but not limited to, new or changing research, opinions, findings, or data, and some or all of which may change at any time without notice.  You are encouraged to confirm any and all information obtained via the Services with other sources.  Your use of the Services and the Content is purely at your own risk.  

 

In addition, while MusicForIncome strives to teach you how to compose and market your music to generate income, MusicForIncome cannot guarantee any level of success or projected income levels.  Although the Content and the Programs may contain comments about or reference to suggested earning and income potential, all such comments and/or references are purely hypothetical in nature and are not to be construed as factual or applicable to you and your music or earning potential.  Our Site, the Content, and the Programs offered are not designed to be a “get rich scheme.”  We have no way of knowing how well you will do as any potential success will be influenced by a wide variety of factors including, but not limited to the following: your background, business expertise, overall knowledge and skill set in the music industry, dedication to the Program, and/or general work ethic.  Consequently, we cannot guarantee any success or projected income level, and  MusicForIncome is not responsible for any actions you may take as a result of our Programs, the Content, or any other services or information found on the Site.

        

Further, MusicForIncome makes no warranty or representation and disclaims all obligations in connection with any of the following: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your device, any loss of data, or any other harm in connection with the Services; (iii) the deletion of, or the failure to store or to transmit, any Content; or (iv) the Services’ ability to satisfy your expectations or requirements or to be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or a third party in connection with the Services, will create any warranty or representation, express or implied, not expressly made by use in these Terms. 

 

B. No Legal Advice

 

The Content and the Programs may include discussion of various legal topics and issues, and may also include links to copies of certain legal forms, including, but not limited to, contracts or other legal documents.  MusicForIncome is not a licensed attorney and any and all such discussion or making available the contracts or other legal documents is not to be construed as legal advice, but is instead being offered for general discussion purposes only.  Your adherence to the Content or the Programs, or your use of such legal forms, is purely at your own risk, and you are directed and encouraged to consult your own legal counsel regarding any such legal issues or legal documents.

 

C. Third Party Sites and Services

 

The Services may provide links to, or the Services may be linked from, third party websites, services, or resources (“Third Party Websites”). When you use or access any Third Party Websites, you do so at your own risk. The Third Party Websites are not controlled by us. Accordingly, we do not have any obligation in connection with the content, functions, accuracy, legality, appropriateness, or any other aspect of any Third Party Websites. By including any link to a Third Party Website in connection with our Services, we do not endorse in any way and we do not imply or create any association or relationship with any Third Party Website. We are not liable, directly or indirectly, for any harm or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third Party Website. 

 

D. Limitation of Liability 

 

In no event shall MusicForIncome be liable for any incidental, special, indirect, punitive, or consequential damages, specifically including lost profits, lost savings, or lost business opportunity, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from or related to: (i) your use of, or inability to use, the Services, including our termination, suspension, or revocation of your MusicForIncome account; (ii) any material or content on or received through the Services that may be inaccurate, out-dated, offensive, defamatory, or illegal conduct; (iii) any unauthorized use of or access or modifications to your MusicForIncome account; of (iv) any disappointment or failure of you to generate any specific level of income from your composing, writing, and/or marketing your music. The foregoing limitation of liability shall apply to all theories of law, including claims based on breach of contract, tort, strict liability, breach of warranties, or failure of essential purpose, and even if MusicForIncome has previously been advised of any such damages.

 

Notwithstanding the foregoing, to the fullest extent permitted by law, if MusicForIncome is found liable for any damages arising out of or relating to these Terms, the aggregate liability of MusicForIncome shall not exceed $1.00, or, if you have purchased a Program, the total amount paid by you for such Program.

 

10. Indemnification

 

You shall defend, indemnify, and hold harmless MusicForIncome, and any of its shareholders, officers, directors, employees, affiliates, successors, licensors, agents, and third-party service providers (“Indemnified Part(y)ies”) fully for any and all costs, liabilities, damages, debts, demands, obligations (including attorneys’ fees and costs) incurred by or threatened against any Indemnified Party, in connection with any of the following: (i) your access to and use of the Services, including the viewing, use, or reliance upon any Content; (ii) any action by you or failure to act that violates the rights of another person or entity, including privacy, confidentiality, intellectual property, or proprietary rights; (iii) any action by you or failure to act that is illegal or that violates any applicable law, statute, rule, or regulation; (iv) your violation of these Terms; and (v) our reasonable investigation into any suspected violation of these Terms by you. 

 

11. Arbitration Agreement and Waiver of Class Action

 

You and MusicForIncome agree to the following regarding binding arbitration (the “Arbitration Agreement”). In connection with the Services, you and MusicForIncome shall use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If we are unable to amicably resolve such matter, all claims arising out of or relating to this Arbitration Agreement (including its formation, performance and breach), the Terms, our relationship to each other, or either party’s use of or access to the Services or the Content thereon, shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”). A court has limited authority to review or overturn an arbitration award or the decision resulting from your agreement to be bound by arbitration. 

 

A. Arbitration Rules; Non-Appearance Arbitration

 

Any arbitration in connection with the Services shall be on a confidential basis in accordance with the provisions of the AAA’s Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions (the “AAA Rules”). The AAA Rules, as well as other useful information regarding arbitration (including how to initiate arbitration) may be accessed at the AAA’s website (www.adr.org) or by calling/contacting the AAA as provided on their website. In order to help alleviate costs, at the option of the party seeking relief, claims or disputes seeking a total award of less than $10,000.00 may be resolved through binding non-appearance-based arbitration. Such non-appearance-based arbitration may, at the option of the party seeking relief, be conducted by telephone or other remote communication technique (such as online or Skype), or based solely on written submissions. For claims or disputes seeking a total award of $10,000.00) or more, the right to a hearing will be determined by the AAA Rules.

 

B. Authority of Arbitrator

 

The arbitrator (who shall be a member of AAA), shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Arbitration Agreement shall be governed by the Federal Arbitration Act.

 

C. Waiver of Jury Trial

 

You and MusicForIncome waive any and all constitutional or statutory right to go to court and have a trial by judge or jury. If any litigation between you and MusicForIncome arises in any state or federal court (such as to enforce or appeal an arbitration award), you and MusicForIncome waive all rights to a trial by jury and instead elect to have such dispute be resolved by a judge.  

 

D. Class Action and Class Arbitration Waiver

 

All claims and disputes coming within the scope of this Arbitration Agreement shall be arbitrated on an individual basis only, and not as a class action or other representative action. You and MusicForIncome expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then you and we shall be deemed to have not agreed to arbitrate disputes and all disputes shall be resolved as otherwise set forth in the Terms.

 

E. Exception – Small Claims

 

Notwithstanding this Arbitration Agreement, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.  This exception shall specifically include, but not be limited to, collection efforts for any installment payment plans that are in default and become due and owing to MusicForIncome. 

 

F. Exception – Injunctive Relief

 

Notwithstanding this Arbitration Agreement, MusicForIncome reserves the right to seek injunctive relief from a court of competent jurisdiction to enforce this Arbitration Agreement or to stop any infringement or other violation of any intellectual, proprietary, or third party rights. 

 

G. Right to Waive

 

Any or all of the rights and restrictions set forth in this Arbitration Agreement may be waived by the party against whom the dispute or claim is asserted. However, any such waiver shall not affect or be deemed a waiver of any other portion of this Arbitration Agreement.

 

12. Termination of Terms

 

You may terminate these Terms at any time, with or without reason or notice to us, by deactivating or deleting your MusicForIncome account. However, the Terms that were in effect at the time of your termination shall govern any claim or matter, or the occurrence of any event or any circumstances, in connection with the Content, the Services, or any Program before such termination. If your MusicForIncome account is inactive or dormant, as opposed to deactivating or deleting your account, these Terms will remain in full force and effect. 

 

MusicForIncome may suspend or terminate your use of the Services and your MusicForIncome account, or otherwise cease providing the Services to you, at any time for any reason, including but not limited to any of the following: (i) you violate any these Terms (without any right for you to cure such violation); (ii) if the Services or your continued use of the Services causes any actual or potential violation of any law; (iii) we decide for any reason to change or to no longer provide the Services (or any portion thereof). In the event of any such suspension, termination, or discontinuance of the Services, we may make reasonable efforts to provide you with notice through the email address associated with your Services account or the next time that you attempt to log in to use the Services.

 

Upon such suspension, termination, or discontinuance of the Services, these Terms shall terminate, including the Services License. Notwithstanding any termination of these Terms, any clause or provision in these Terms that explicitly or is reasonably contemplated to survive the termination of these Terms shall survive—including, but not limited to, Sections 4, 5, 6 (except the Services License), 7, 8, 9, 10, 11, 12, and 13.  

 

13. Miscellaneous Provisions

 

A. Waiver and Severability

 

MusicForIncome’s failure to enforce any right or provision of these Terms will not be deemed a waiver of, or the ability to later enforce, such right or provision. If any provision of these Terms (except for Section 11.D. (Class Action and Class Arbitration Waiver)) is found by a legally binding authority to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

B. Applicable Law; Venue and Jurisdiction

 

These Terms are governed by the laws of the State of New York, without regard to or application of conflict of law provisions. In the event any lawsuit is permitted by the Arbitration Agreement or these Terms, such lawsuit will be brought solely in the federal or state courts located in New York County, New York, and you consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.

 

C. Entire Understanding

 

These Terms, together with the Privacy Policy, encompass our entire agreement as relates to our providing you with the Services, and these Terms supersede and replace any contemporaneous and any previous understandings or agreements between MusicForIncome and you in connection with the Services. Except for a user’s and our valid successors-in-interest, there are no third-party beneficiaries to these Terms. 

 

D. Modifications to Terms

 

We may make any changes to these Terms at any time and in our absolute sole discretion. If we make any change that is material to these Terms, we will notify you through the email address associated with your Services account or the next time that you attempt to access the Services. Your continued use of the Services after any such changes will constitute your acceptance of such changes. 

 

E. Questions and Comments

 

If you have any questions, comments, suggestions, or feedback regarding these Terms or the Services, we encourage you to email us at: info@musicforincome.com.

 

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