YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE AND ANY AFFILIATED SITES OF MUSEEKS.COM, LP. USE OF THIS SITE AND AFFILIATED SITES SUCH AS THE MUSICTIMELINE.NET ARE FOR CUSTOMERS USE EXCLUSIVELY AS MORE PARTICULARLY SET FORTH IN THIS AGREEMENT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE. USING ANY PART OF THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS.

GRANT OF LICENSE: MuSeeks.com, LP (the "Licensor") grants to you solely during the Term hereof (defined below), this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use a single copy of the Licensed Works, as defined below, on a single computer for use by a single concurrent user only in connection with a single telephone device as identified during your registration of this software, and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Licensed Works or any Intellectual Property Rights, as defined below, of Licensor.

DEFINITION: For purposes of this Agreement, the terms "you", "your," "yourself,", "artist", "artist's agent" or "user" are synonymous, and refer to someone who uses this site for any of its current or future features.

ASSENT: By using this website, or any of its affiliates owned or controlled by MuSeeks.com, LP (such as MusicTimeline.net), you agree that this Agreement is a legally binding and valid contract, agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.

OWNERSHIP OF WEBSITE AND ITS BACK-END SOFTWARE DESIGNS: The Licensor and/or its affiliates own certain rights (that may exist from time to time in this or any other jurisdiction, whether foreign or domestic) under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, (regardless of whether or not such rights or protections are registered or perfected and regardless of whether such rights accrue to Licensor directly or by an express or implied license) (the "Intellectual Property Rights") in the Website (which includes the backend software architectures automating this site) together with any related documentation (including design, systems and user) and in other materials for use in connection with this Website (and its controlled affiliate sites) provided to you by Licensor (collectively, the "Licensed Works"). ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR AND THE LICENSE HEREUNDER SHALL IN NO WAY DIMINISH LICENSOR'S RIGHT, TITLE AND INTEREST THEREIN. All rights not expressly licensed to you in this License Agreement are expressly reserved by Licensor.

NO COPYRIGHT INFRINGEMENT: This License Agreement grants you the right to use the Licensed Works (i.e. this Website(s) and its software-automated mechanisms) only for uses that are not infringements of the rights of copyright owners concerning the copying, distribution, modification, public display and public performance of their copyrighted works. As a condition for your use of this Website(s) (Licensed Works), you must agree that you will not use the Licensed Works to infringe the copyrights or other intellectual property rights of others in any way.

COMMERCIAL USE: This License Agreement grants you the right to use the Licensed Works for personal and/or commercial use. Commercial use of the Licensed Works (this Website(s)) or of the work products resulting from their use is permitted under this License Agreement, provided that you are the bona fide owner or approved Agent of an owner of your respective uploaded works or other content, and provided you have taken reasonable steps to educate yourself on all matters pertaining to proper sales and promotions of your own material, including applicable State and Federal Commerce Codes and your own accounting and/or business entity registration requirements, and have properly warranted that you own the material or content that you upload and designate for sale, and that you approve your own commercial promotion of your own materials by setting a price greater than the default of $0.00 USD.

You strictly control your own price per each download you uploaded, and you Agree with Paypal of its terms between you and them which enable you to sell your material. For any other sale or non-sale commercial uses, such as distribution of your Artist page printouts as posters or other self-promotion emailing, you Agree to abide with all Can-Spam Act and other emailing or other commerce laws. You Agree to read your own state commerce laws, and take full responsibility for all acts pertaining to your material you or your Agent or any other affiliate uploads, derives or promotes. If you find others are infringing or improperly using your works, you Agree to Hold Harmless MuSeeks.com, LP and its affiliates, and you agree to execute proper take-down notices per the DMCA provisions in the Content Removal Policy below.

You must set up your own paypal account for selling of your own audio mp3 downloads, if you elect to make use of the special sell-your-own-downloads offered here, and you assume full responsibility for that account, for users who try to purchase your offerings, for customer support of such customers in case of problems. Your paypal account that you specify on the forms, will pay you directly as you alone designate. MuSeeks.com, LP does not "profit share" any percentage of your download price. That is between you and PayPal only, which you Agree upon your account creation with Paypal. You alone must control things such as paypal bank account verification, account maintenance and more. The sell-your-downloads service at MuSeeks.com, LP, is just that, a low-cost "service" to make the complex and expensive task of programming a website to sell your downloads, easier for you and your customers. If you need additional services or help beyond that, you may hire MuSeeks.com,LP or its affiliate consultants to help you, at a rate in United States California comparable to local consulting rates of Northern California, Silicon Valley Peninsula.

RESTRICTIONS: (a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Licensed Works or any portion thereof. (b) You may not use the Licensed Works to violate the rights of others. (c) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark, logo or copyright notices. (d) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Licensed Works, including but not limited to the object code, documentation and help files. (e) You agree that the Licensed Works will not be shipped, sent, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations. (f) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Licensed Works as the Licensed Works contain proprietary material of Licensor and/or other third-party licensors. You may not otherwise modify, alter, adapt, or merge the Licensed Works. TERM: This Agreement is effective upon your use of this site, and shall remain in effect for the shorter of one year or the earlier termination thereof as provided herein. If you are an Artist or Agent (the Artist's own approved representative) of an Artist, you may terminate this Agreement at any time by removing all of your materials uploaded. Upon any termination, you agree to remove all of the content you uploaded or filled out on the forms, and all other associated materials. GOVERNING LAW: This License Agreement shall be governed by the laws of California, Santa Clara County Districts, and any disputes arising in respect of it shall be determined in the exclusive jurisdiction of California.

LICENSOR'S WARRANTIES AND DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR AND YOU, THE LICENSED WORKS ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT PREJUDICE TO THE GENRALITY OF THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF GIBRALTAR LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF INSTALLING THE FILES CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSOR'S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OR ITS SUPPLIERS ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OF ANY MACHINE, COMPUTER OR TELEPHONIC DEVICE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE LIMITATIONS OF DAMAGES OR LIABILITY AND THE DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LICENSOR AND YOU. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR WOULD NOT BE ABLE TO PROVIDE THE LICENSED WORKS ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS AND THAT LICENSOR HAS SET ITS PRICES FOR THE LICENSE TO THE LICENSED WORKS IN RELIANCE UPON SUCH LIMITATIONS OF DAMAGES AND LIABILITY AND DISCLAIMERS OF WARRANTIES.

YOUR WARRANTIES: You expressly agree and represent that, as to your use of the Licensed Works with respect to other works such as audio and video files, such other works and your use of them will not infringe upon the rights of any third party under copyright or any other applicable intellectual property laws such as trademark, patent or publicity and privacy laws. You will defend and indemnify the Licensor against any claims arising out of any breach of your warranty and representation and in connection therewith the Licensor shall be entitled to retain counsel of its own choice at your expense.

SEVERABILITY: In the event any provision of this End User License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.

ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and Licensor and supersedes all prior agreements, whether written or oral, with respect to the Licensed Works, and may be amended only in a writing signed by both parties.

Copyright Agreement

NO COPYRIGHT INFRINGEMENT: MuSeeks.com, LP (the "Licensor") respects and is fully committed to protecting the rights of copyright owners. Licensor expects you to take special care to avoid violating copyright laws and regulations.

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of copyright owners' exclusive rights. As a condition to use the Licensed Works, you must agree that you will not use the Licensed Works to impinge or infringe the intellectual property rights of others in any way.

Valid content that can be used within ToneThis can be found at Creative Commons Search Engines such as the Creative Commons or at the Internet Archive. Content Data Retention Policy MuSeeks.com, LP stores only artist-uploaded content which they are solely responsible for as stated on the artist song upload form which is available only to registered artists. Artists (or their agents) agree that they are the sole owners of any material that they upload to MuSeeks.com, LP sites, and indemnify MuSeeks.com, LP and its associates from any harm caused by Artists or their impersonators in uploading content irresponsibly.

Artists' (or their Agent's) uploaded Content, if thought to be infringing, can be notified for removal by any member of the public notifying MuSeeks.com, LP, by mailing specific details including the specific content and specific URL that is suspect, as per the Content Removal Policy below. This process is not fully automated yet, and will require reasonable amount of time to resolve disputes.

MuSeeks.com, LP, also reserves the right to take down any content it deems inappropriate for this site, to include items of pornographic, or hate nature, at MuSeeks.com, LP's sole discretion. This site is the "home property" of MuSeeks.com, LP, and as with any other person's home, the owners reserve the right to contact registered users and / or take down user's content in an overall effort to keep the site "clean" and "in good taste", as MuSeeks.com, LP deems fit. Artists and users agree to maintain "good taste", balancing ideals of free speech with the right of MuSeeks.com, LP to govern its own house. Infringing content must be removed by the Artist-users, and these artist-users (or their Agents) assume full legal responsibility for the content which they upload.

MuSeeks.com, LP is working on tools to help artists control their downloads previewing. However, MuSeeks.com, LP has undergone setbacks since 2004 in raising funding required to complete or upgrade certain site-features and services, such as full automation of server-side upload processing and tagging. Therefore, Artists must typically upload with the current site design limitations in mind, which is similar to the original mp3 dot com and other web 1.0 sites, which displayed or streamed the entire song length. Please be patient while we work towards improvements of this system.

Currently, there is a long wait period for artists who upload content who request only shortened previews as a service. For the time being, Artists must pay an hourly fee to MuSeeks.com, LP if they want expedited assistance, as the MuSeeks.com, LP site is currently under very minimal maintenance and attendance, due to limitations and circumstances not disclosable at this time. We thank you for your patience, at our efforts to improve what was available for letting artists sell their own downloads, and list multiple movements in a song, unlike what was offered in most other independent artist sites.

Content Removal Policy

MuSeeks.com, LP does not strictly control the content uploaded. It is primarily a service whose content is built up by participating registered artists, and relies upon you the public, to notify MuSeeks.com, LP. MuSeeks, being founded by independent artists for independent artists, takes copyright laws very seriously, and supports the compensation rights of the original artists and publishers. Users must agree to the Copyright Agreement. Users are responsible for all the content they create and upload here.

Per the DMCA, if you believe that any of the content created and sent by a user is infringing your rights, you may notify MuSeeks.com, LP by writing to our Designated Agent:

ATTN: Copyright Agent
MuSeeks.com, LP
3147 Alma St.
Palo Alto, CA 94306
support at MuSeeks.com

As a Federally registered U.S. service provider, MuSeeks.com, LP complies with the Digital Millennium Copyright Act of USA. When mailing your written complaint, please include your name, title, organization, address, city, state, zipcode, country, telephone, email, the name or link to the piece of infringing content and an explanation for the request including appropriate copyright information.

Under appropriate circumstances, MuSeeks.com, LP may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.