Terms And Conditions
Juxtaposed Music, LLC is a limited liability company registered in the state of New York and is the owner and operator of the website at www.juxmusic.com, www.juxmusic.net, www.juxmusic.co and www.juxtaposedmusic.com. Following are the terms and conditions that govern the use of the website. BY USING OR BROWSING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS, CONDITIONS, POLICIES AND GUIDELINES DESCRIBED HEREIN AND/OR REFERENCED ELSEWHERE ON THE WEBSITE. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE OF THE WEBSITE.
By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms. These Terms And Conditions of use (“Site Terms”) apply to your use of this website (“Site”), and do not alter in any way the terms or conditions of any other agreement you may have with Juxtaposed Music LLC or any of its subsidiaries or affiliates (collectively, “Juxmusic or Juxtaposed Music”). If you use the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Juxmusic for violations of these Site Terms.
Use of this Website
The JuxMusic site and its content are strictly intended for customers and JuxMusic Content providers. This Site or any JuxMusic Content may not be used for any purpose not related to business with JuxMusic. Specifically prohibited activities include: (a) downloading, copying, or re-transmitting any or all of the Site or JuxMusic Content without, a written license or agreement with JuxMusic; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or Juxmusic Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Juxmusic product or service if you are not expressly authorized by such party to do so; and (e) printing, copying, reproducing, distributing, disabling, decompiling, disassembling, reverse engineering, transmitting, uploading, downloading, storing, displaying in public, altering, modifying or otherwise changing or transferring the Site or its Content; (f) using the Site or the JuxMusic Content other than for its intended purpose.
As a condition of use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You also agree not to use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Ownership of the Site and Contents Therein
Unless otherwise indicated, all of the content displayed on this Site, including, but not limited to logos, written text, graphics, photographs, images, moving images, illustrations, data, musical compositions, sound recordings, the selection and arrangement thereof, software, the underlying code establishing the Site (collectively “Content” or “JuxMusic Content”), is owned or controlled by Juxtaposed Music, LLC, its licensors, clients, content providers and registered users and are therefore protected by copyright, moral rights, trademark, trade dress, and all other laws relating to the protection of intellectual property.
Juxtaposed Music Trademarks, the JuxMusic logo, the Juxmusic Collection and any other product or service name or slogan displayed in or associated with the Site are trademarks of Juxtaposed Music, LLC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Juxtaposed Music or the applicable trademark holder. Metatags or any other “hidden text” utilizing “Juxmusic” or any other name, trademark or product or service name of Juxtaposed Music, LLC may not be used without prior written consent of JuxMusic.
Infringement of Copyright
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, in appropriate circumstances and at JuxMusic’s sole discretion, Juxtaposed Music has the right to terminate account holders who infringe the intellectual property rights of Juxtaposed Music or any third party.
All other product names and company names, trademarks, registered trademarks, or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by JuxMusic.
Juxtaposed Music will pursue all necessary legal action and will seek all available financial compensation and damages (including federal and state statutory copyright damages) if any infringement or wrongful use of any song, sound recording, information, intellectual property or Content available through the Site is discovered. By using the Site, you agree to indemnify Juxtaposed Music, LLC, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.
As a condition of use of the Site you agree to indemnify, hold harmless and defend Juxtaposed Music, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Juxmusic Content that you post, store or otherwise transmit on or through the Site, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the JuxMusic Content, your conduct, or your violation of any rights of another.
JuxMusic logo or other proprietary graphic of Juxtaposed Music may not be used to link to this Site without the express written consent of Juxtaposed Music.
JuxMusic makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of JuxMusic and JuxMusic is not responsible for the contents of any linked site or any link contained in a linked site, or any review. The inclusion of any link on the Site does not imply affiliation, endorsement or adoption by JuxMusic of any site or any information contained therein. Participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that JuxMusic shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Security
As a condition of use of the Site, you agree to: (a) provide and maintain accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) immediately notify Juxtaposed Music of any unauthorized use of your account or other breach of security; (d) accept all responsibility for any and all activities that occur under your account; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to Juxmusic.
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND JUXMUSIC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THE SITE. JUXMUSIC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. JUXMUSIC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. JUXMUSIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE JUXMUSIC CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT JUXMUSIC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR JUXMUSIC CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR JUXMUSIC CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES
JuxMusic makes no representations or warranties as to the JuxMusic Content’s accuracy, correctness or reliability. Content types (including genres, sub-genres and categories and sub-categories etc.) Juxmusic also disclaims any responsibility for the completeness or accuracy of any directory and/or search result. By using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Site at your own risk and agree that JuxMusic shall have no liability for content that may be found to be offensive, objectionable or indecent.
Limitation of Liability
IN NO EVENT SHALL JUXMUSIC, ITS SUBSIDIARIES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE JUXMUSIC CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM JUXMUSIC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JUXMUSIC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JUXMUSIC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JUXMUSIC FOR ACCESS TO OR USE OF THE SITE.
The laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions and the Use of the Site or the Juxmusic Content. Your use of the Site or the JuxMusic Content may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Juxmusic or relating in any way to your use of the Site or JuxMusic Content resides in the courts of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York located in New York County in connection with any such dispute and including any claim involving Juxtaposed Music or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Notwithstanding any of these Site Terms, Juxmusic reserves the right, without notice and in its sole discretion, to terminate any account and/or to block use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by JuxMusic. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
JuxMusic reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.
If there are any questions or comments about the Site or these Site Terms and Conditions you may contact us using the information below.
Juxtaposed Music, LLC