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Terms of Service

This website is owned and operated by MusicMayvn LLC d/b/a Music Maven (the “Company”, “us” or “we”). These Terms of Service constitute an agreement between the Company and you, the user. These Terms of Service govern your access to and use of the website, Musicmaven.com (the “Website”).

CONSENT TO TERMS

By using the Website, you agree to be bound by the terms and conditions contained in these Terms of Service. If you do not agree to these Terms of Service, you may not access or otherwise use the Website or its data. We reserve the right, in our sole discretion, to modify these Terms of Service at any time by posting updated Terms of Service. By continuing to access and use the Website after any such modification is made, you are agreeing to such modification. Please check these Terms of Service frequently for updates.

The Website is not intended for use by children. You may not use this Website unless you have the capacity to be bound by these Terms of Service. By using this Website you are certifying that you are over 13 years of age and have your legal guardian’s permission. If you are under the age of 18 and continue to use this Website, you represent that either you are an emancipated minor or your parent or legal guardian is agreeing to these Terms of Service on your behalf and has consented to your use of the Website.

BY USING THIS WEBSITE, YOU ARE ALSO ASSERTING THAT YOU HAVE READ THE PRIVACY POLICY AVAILABLE AT www.musicmaven.com/privacy-policy (THE “PRIVACY POLICY”).

ELECTRONIC COMMUNICATIONS

You expressly agree that when you use the Website or register for email communications, you are communicating with us electronically. We will communicate with you through email or by posting notices on the Website. By continuing to access and use this Website, you agree that any notices, requests, disclosures, or other communications that we provide to you electronically shall constitute delivery of written notice, request, disclosure, or other communication to you for purposes of any legal requirement that such notice, request, disclosure or other communication be provided to you in writing. If you wish to stop receiving emails from us, you can simply click on the unsubscribe links contained in such emails.

DATA SOURCES

All the data on the Website is gathered from public sources, and we will continue to display said data for as long as we deem it to be relevant. Music Maven does not provide any guarantee or warranty of the accuracy of any data it displays. We do not display private data. If you want us to stop displaying the statistics of your channel/account from a third party (e.g. YouTube, Twitter, Spotify, TicketNetwork, iTunes, etc.), you must adjust your privacy settings on those third party websites that you use.

In order to keep statistical data up-to-date, we utilize API services of third parties, including but not limited to YouTube, Twitter, Spotify, TicketNetwork, and iTunes. As such, this Website and your use of the Website is subject to YouTube’s Terms of Service (www.youtube.com/t/terms). By using this Website, you agree to be bound by YouTube’s Terms of Service. We reserve the right to revoke your access to this Website if you violate YouTube’s Terms of Service. Unless specific access is asked for at the time of use (i.e. to validate your identity), we only gather publicly available data from each of the API services, not anything private about your account.

PROCESSING OF USER DATA

Information on how we process your personal data is provided in the Privacy Policy, available at www.musicmaven.com/privacy-policy. You are required to agree to the Privacy Policy before accessing the Website’s features and functionality.

INTELLECTUAL PROPERTY RIGHTS

The data we provide is public information. However, such data is gathered, compiled, analyzed by our proprietary algorithm and the results are displayed solely on the official Music Maven website As a result, the data, statistics and predictions publicly viewable on the Music Maven website (the “Music Maven Content”) are proprietary and may not be used other than as expressly set forth herein.

Trademarks and Copyrights

Use of the Music Maven trademarks, logo and brand are subject to our Branding Guidelines. All content, data compilations, icons, images, names, logos, designs, graphics, trademarks, trade dress, page headers, scripts, text, sounds, pictures, audio clips, video clips, digital downloads, software, and other materials on the Website are the intellectual property of the Company or its affiliates, “Affirmers” under Creative Commons Legal Code, or the Company’s content and data suppliers and are subject to and protected by the United States and international copyright and trademark laws. No sublicense or third-party permissions should be implied from these Terms of Service. You may only use third-party content, content feeds, application programming interfaces, media players, and other features on the Website as expressly permitted by such third-parties’ terms of Service.

License and Website Access

Subject to these Terms of Service, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website as set forth herein. This license does not include any resale or commercial use of the Website, its content, or data, any derivative use of the Website, its content or data, or any use of data mining, robots or similar data gathering and extraction tools. Your use of the Website must be in compliance with all applicable laws Music Maven reserves the right to limit your access and usage of any assets if they are used in a defamatory way or perceived as libel.

Downloading, Sharing, and Linking to the Website

You may download, copy and/or transfer the Website’s data, including screen shots or images of the Website, for your personal, non-commercial, use only, provided that you credit MusicMaven.com as the source of the data, clearly state that MusicMaven.com provides the data, and do not modify the content. This includes sharing our data on social media websites, on personal blogs, and in non-commercial publications. The acceptable way to credit Music Maven is to provide a link back to the source of the data, and clearly state in text that Music Maven provides the data.

You may not use the Music Maven Content in any way that creates a false impression that the Music Maven website is endorsed, sponsored or associated with the third-party API data providers that the Music Maven website obtains publicly available data from.

You may also link to our content and data, provided that (a) the link redirects the user to the Website when the user clicks on it, (b) you do not insert any intermediate page, splash page or other content between the link and the Website, (c) you do not use the content or data in a manner that suggests the Company or the Website promote or endorse your, or a third party’s cause, ideas, products, websites, applications, platforms or services, (d) you do not use the content or data for commercial purposes (unless we have expressly authorized you to do so), (e) you do not present the Website or its content in a false, misleading, derogatory, or otherwise offensive manner, and (f) you do not use the content or data in any way that is unlawful or harmful to any individual or entity.

Data that is shared from the Website on YouTube videos should include a link in the description, and a verbal or written acknowledgement of MusicMaven.com as the source of the data in the video itself

Data mining, botting, crawling, scraping, or other mass copying of data from the Website is prohibited and may result in you being blocked from the Website and data. The only way you may gather large amounts of data is by requesting data directly from the Company (email our staff or submit a support ticket).

You are encouraged to make limited commercial fair use of select Music Maven Content by citing to, but not copying, Music Maven Content in the context of journalism, news reporting, commentary and criticism, subject to all limitations herein, and provided that you credit MusicMaven.com as the source of the cited content and do not modify the content. The Website, its content, and data may not be reproduced, duplicated, copied, sold, or otherwise exploited for any other commercial purpose without our express consent. If you wish to use the Website or any of its content for commercial use, you must first obtain our express written consent to do so (which consent we may withhold, condition, or delay for any reason). To obtain a license to use Website materials for commercial use, please contact our licensing department at support@musicmaven.com. All commercial licenses are subject to these Terms of Service and the governing license agreement.

USER POSTS AND MATERIALS

General

You are responsible for maintaining the confidentiality of your account log-in information and for restricting access to your account or computer. You agree to accept responsibility for all activities that occur under your account.

You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, hateful, or otherwise objectionable material of any kind. We reserve the right, but are under no obligation, to screen or remove any user posts at any time and for any or no reason.

You represent and warrant that: (a) if you post or submit any materials or personally-identifying information on or through the Website, you are at least 16 years of age, (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on or through the Website that may be necessary for their use as contemplated by the Website or these Terms of Service, and (c) the comments, materials or content you post or submit do not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate these Terms of Service.

We are not responsible for any user comments, materials or content submitted by you or a third party on or through the Website. We cannot verify the accuracy of statements that users make or place on or through the Website, and we do not guaranty that any user comments, materials or content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Service.

License to the Company

All material that you upload, publish or display through the Website will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Website, Your Content may be viewed by the general public.

You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us as follows: By submitting, posting, or displaying Your Content on the Website, you grant us and our affiliates a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Your Content in connection with the operation or use of the Website or the promotion, advertising or marketing thereof, in any and all media or distribution methods (now known or later developed). This license also includes the right for other users of the Website to use and modify Your Content, subject to these Terms of Service.

You acknowledge and agree that we may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, security, or personal safety of the Website, its users, or the public.

You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Website; (b) any actions made with your account or account access whether by you or by someone else; (c) your breach of any of your representations and warranties in these Terms of Service; (d) your violation of any of the provisions of these Terms of Service; or (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive the cessation of your use of the Website and the expiration or termination of these Terms of Service.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any posting by a user or other content on this Website infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at the Website; (iii) a description of the location on the Website of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If content that you submitted has been removed as a result of a notification as described above and you believe that such content or portion of that content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.

Our designated Copyright Agent for notice of claims of infringement is:


MusicMayvn LLC
Attention: DMCA
8447 Wilshire Blvd, Ste. 204
Beverly Hills, CA 90211

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to us at support@musicmaven.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

LINKS TO THIRD PARTY WEBSITES, APPLICATIONS, OR SERVICES

The Website contains links to websites, applications, platforms or services maintained by third parties over which we have no control. We do not endorse the content, products or services of such websites, applications, platforms and services, and we disclaim any responsibility for the content or any products or services that appear on such third-party websites, applications, and platforms./p>

DISCLAIMER AND LIMITATION OF LIABILITY

THE WEBSITE AND ALL INFORMATION, DATA, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AND REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, DATA, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL DATA, CONTENT, MATERIAL, PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW ANY PRODUCT OR SERVICE OR DELETE ANY INFORMATION FROM THE WEBSITE AT ANY TIME IN ITS DISCRETION.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AFFILIATES, AND REPRESENTATIVES BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY INCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (D) FOR STATEMENTS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY ON THE WEBSITE; OR (E) FOR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD-PARTY WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY ACCESS TO OR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE WEBSITE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE WEBSITE.

CLAIM LIMITATIONS PERIOD

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the Website or these Terms of Service must be filed within six (6) months after such claim or cause of action arose, or is forever barred.

CONTACT INFORMATION

If you have any comments, questions or complaints regarding these Terms of Service or the Website, or wish to report any violation of these Terms of Service, please contact us via email at support@musicmaven.com or postal mail at:


MusicMayvn LLC
8447 Wilshire Blvd, Ste. 204
Beverly Hills, CA 90211
Attn: Music Maven

We will address any issue to the best of our abilities as soon as practicable. If we have reasonable doubts about the authenticity of any request to us, we may request additional information necessary to confirm your identity.

APPLICABLE LAW

These Terms of Service shall be governed, construed and enforced in accordance with the internal laws of the State of New York, without regard to conflict of laws principles.

MANDATORY ARBITRATION

If you have any concerns or claims with respect to the Website, its content or data, please contact us first. We will investigate and attempt to resolve any complaints and disputes. If your complaint or dispute cannot be resolved through our internal process, or if we do not adequately respond to your question, you agree to resolve your dispute through arbitration. If arbitration is necessary, it must be done in person and must be conducted in Los Angeles, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association or as agreed between you and the Company. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information you may contact www.adr.org.

USE OUTSIDE OF THE UNITED STATES

We expressly disclaim any representation or warranty that the Website complies with all applicable laws and regulations outside of the United States. If you use the Website outside of the United States, you acknowledge and agree that you are responsible for ensuring you’re your use of the Website is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.

MISCELLANEOUS

• Entire Agreement. These Terms of Service, as amended from time to time, together with all documents, rules, terms and policies referenced herein, including, but not limited to, the Privacy Policy, constitute the entire agreement between us and you with respect to the matters referred herein and therein and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters. Please note, however, that certain aspects of your use of the Website or the Company’s services may be governed by additional agreements. To the extent there is an irreconcilable conflict between any additional terms and these Terms of Service, the additional terms shall prevail.
• Severability: If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of these Terms of Service will continue in full force and effect.
• No Waiver: Any failure on the part of the Company or any of its affiliates to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in one instance does not mean that we will waive compliance in another instance. To be binding, a waiver of compliance of these Terms of Service must be provided to you in writing through one of our authorized representatives.
• Modifications to these Terms of Service: We may modify these Terms of Service from time to time. We encourage you to periodically review these Terms of Service for the latest information on our policies and practices. If we have your email address, we might notify you of any changes to these Terms of Service when they occur.
• Survival: All provisions of these Terms of Service, which by their nature shall survive, shall survive termination of your access to or use of the Website, termination of your user account, and termination of the provision of any services or products, including, without limitation, intellectual property rights provisions, warranty disclaimers, indemnification provisions, limitation of liability, applicable law, and dispute resolution provisions.

This policy was last updated on March 24, 2020.

© MusicMayvn LLC. All rights reserved.