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terms of use

Terms Of Use - myMusicSession v.1.0
June 1st 2008

I. Purpose

This document defines the General Conditions for Use (referred to as GCU) under which myMusicSession and myNetworks Ltd (referred to as MMS), a limited liability company under Swiss law based in Lausanne (VD) in Switzerland, provides working exchanges services between individuals or compagnies.

2. These GCU apply to all users of myMusicSession’s services (referred to as MMS), whichever country accessed and used from.

3. These GCU constitute a contract governing the relations between myNetworks and the Members of myMusicSession.



II. Definitions

Content(s):
All information, data, text, advertising, profiles, music, sound, photographs, images, graphics, video materials, messages or any other existing or future contents.

myNetworks Ltd & myMusicSession:
Supplier of the myMusicSession’s services.

Member(s)/User(s):
Each person registered on myMusicSession using the myMusicSession’s Services.

Nickname/Username:
A pseudonym chosen by Members during their registration which appears as the signature on all the content that they produce.

myMusicSession:
Web platform dedicated to competences exchanges between individuals and non-individuals for commercial and non-commercial purposes.



III. Service access and registration at myMusicSession

1. Anyone wishing to use myMusicSession must register online beforehand by choosing a Nickname or Username, completing a profile. The validity of the subscription starts from the registration date. myMusicSession reserves the right to refuse any Member or profile that it finds unacceptable without further justification, and the Member concerned will have no right to contest the decision. Registration is free of charge.

2. The Member guarantees that all data and information supplied is true and exact. All changes in such data and information must be communicated to myMusicSession as soon as possible. If myMusicSession finds that part or all of the data and information supplied is untrue, inaccurate, out-of-date or incomplete, myMusicSession reserves the right to suspend or cancel the Member’s access to the Service and to block all further use of myMusicSession by the Member.

3. You must be 18 years old in order to access the myMusicSession platform or must be representing by one of your parent or a legal representative.



IV. Use of the Service

1. Once a registration is accepted, the Member may access myMusicSession.

2. All Content that fails to respect these GCU, as well as the obligations of Swiss law, will be refused.

3. Users are not allowed to put any audio or video content if they are not the legitimate owners. myMusicSession will immediately delete content that doesn’t match this rule.

4. myMusicSession reserves the right to refuse any Content that it judges unacceptable without any further justification and the Member concerned will have no right to contest the decision.

5. Members may add one principal photo and one video to their profile. The photographs submitted must be of good quality; any photograph that myMusicSession considers to be of inadequate quality may be refused.



V. Price and Payment

1. Parts of the myMusicSession’s services are free of charge such as: profile creation including publication of it’s content (photo, video, audio samples etc). Promotional tools such as personal url, tags to promote your page via e-mail or on your myspace, facebook, own website. Link to one external website. Direct access to your page with your own url (www.mymusicsession.com/yourname).

2. Other services such as: promotion of own profile, sales between members, server storage is subject to payments.

3. When a user is selling a service via myMusicsession a commission of 4% from gross is charged. User who is selling must pay for his paypal commission.

User who is buying pays no commission to myMusicSession but will be charged 3% in order to cover the paypal transaction fee and the third party warranty offered as an extra service by myMusicSession.

4. myMusicSession exclusively uses the Paypal services and in order to guarantee serious work between users will be the third party organization. The payment procedure is set as follow:

Buyer and Seller members are totally free to define the prices and conditions. When ok, buyer pays myMusicSession the due amount +3% as explained above (V.3). At this point myMusicSession will inform the seller that we have a payment for him and he can do the work. When finished and confirmed by the buyer myMusicSession will transfer the money to the seller with deduction of 4% commission via paypal.

In case of dispute between the members a professional team of producers, engineers, musicians named by myMusicSession will analyze and help the members to solve the problem in a friendly way.

This indirect system of payment gives both sides guarantees. The seller knows the money is paid so he can do the job and the seller knows that in case of problem myMusicSession will help him and eventually give him his money back.



VI. Responsibility and behavior of Members

1. Members undertake to ensure that all Content fully conforms with relevant Swiss law and does not contravene the rights of third parties whether in the use of the internet site, the mailbox, the chat and, in particular, to ensure that the Content:

i) does not contravene public order or morality

ii) does not contravene rights to respect, privacy and reputation, and does not include text or images that are denigrating or defamatory in any way

iii) does not constitute an illegal act or a criminal offence such as including pornographic material, representations of violence, or racial or ethnic discrimination

iv) does not include advertising material, or material of an erotic, obscene, subversive, political, or violent nature.


2. Without limitation to the following list, Members undertake:

a) not to contravene the intellectual property rights of any person

b) not to incite hatred, violence, suicide, racism, anti-Semitism, xenophobia or homophobia

c) not to incite the consumption of drugs, alcohol or tobacco

d) not to excuse or deny war crimes, or crimes against humanity; not to incite discrimination against an individual or a group of people, particularly with regard to their appearance, ethnic origin, religion, or sexual orientation

e) not to threaten the security of any state or territory whatsoever; not to incite anyone to commit any act that is punishable by law

f) Not to include addresses of, or hypertext links (“url”) to, any external sites that contravene applicable Swiss law or the rights of third parties, or which are contrary in any way to these GCU.


3. Members guarantee that all the Content supplied belongs to them, or is available for use without restriction.

4. Any Members who abuse myMusicSession through bad behavior, with the intention of causing damage will be electronically identified and their access will be permanently blocked. In such cases no refund will be made. In addition, myMusicSession reserves the right to take legal action against them.



VII. Use and protection of data

1. myMusicSession guarantees the strict confidentiality of all private data that is communicated to it. This data is never divulged to third parties and is reserved for the internal use of myMusicSession. Similarly, the content of dialogue exchanged in the mailbox or in the private section of the chat remain confidential. Exceptions are made in the case of abuses under section VI. 4 above. In such cases the recorded Content may be used as legal evidence.

2. Members expressly accept that their profiles may be used by myMusicSession for promotional purposes.

3. Concerning Members who have added photographs to their profiles: Members expressly accept that their main photograph may be displayed in other sites than myMusicSession as part of partnership arrangements in which myMusicSession Content may be displayed on partner sites or in the promotion of myMusicSession.



VIII. Intellectual Property

1. The presentation and each of its elements, including the brands, logos, and domain names, that appear on the Internet site which houses the Service are protected by intellectual property law and belong to myMusicSession or have been approved for its use. No element of the site may be copied, reproduced, modified, re-edited, altered, transmitted or distributed in any way whatsoever, on any kind of medium, either partially or entirely, without the previous written consent of myMusicSession.

2. myMusicSession is operated by means of software containing confidential information that is protected by intellectual property law. Members have no owner’s rights to any part or all of this software: they undertake not to carry out any “reverse engineering”, to compile or disassemble the software, to modify or create programs developed from part or all of the software, or to distribute or make available copies of the software in any way.

3. Use of the myMusicSession brand in the organization of events, receptions, or in any other context is strictly prohibited without the previous written consent of myMusicSession.

4. The reproduction of any Contents is prohibited.



IX. Limitations of guarantee

1. All equipment (computers, software, telecommunications equipment etc.) used for access to myMusicSession are the exclusive responsibility of the Member concerned, as are the telecommunications costs incurred in their use.

2. myMusicSession is in no way responsible for any loss, prejudice or damage, direct or indirect, of any kind whatsoever, resulting from any interruption or dysfunction of myMusicSession, particularly in the case of a breakdown of the server, a virus attack, hacking, pirating or any other technical problem that causes a partial or permanent interruption of myMusicSession. myMusicSession accepts no responsibility in the case of loss or alteration of Content. It is the responsibility of Members to take all security measures they consider appropriate.

3. myMusicSession does not guarantee that the functions contained in myMusicSession meet the demands of Members, or that myMusicSession is uninterrupted, fast, secure, or fully compatible with Members’ systems and software, or that it is free from programs or code intended to contaminate other programs.

4. In the case of defects in myMusicSession, Members are entirely responsible for meeting the cost of maintaining, repairing or rectifying their own equipment and software.

5. myMusicSession is not responsible for the content of sites accessible through advertising banners that may be displayed on myMusicSession, or any other external content supplied directly or indirectly by other websites.

6. myMusicSession accepts no responsibility for the respectability or the identity of the authors of Content that appears on the myMusicSession. Only the material included in Member profiles, personal advertisements, and video is checked. myMusicSession will not be responsible for any false statements made by Members.

7. myMusicSession accepts no responsibility for the use of Content by other members or third parties.

8. myMusicSession accepts no responsibility and offers no guarantees concerning the offers made by its advertising partners. All complaints, claims, or other actions relating to them should be made directly to the partner concerned.

9. Any other guarantee, explicit or implicit, is excluded.



X. Cancellation

1. Members may terminate their subscription to myMusicSession at anytime. In this case, they may request to have their Content removed from the site.

2. myMusicSession accepts no responsibility to its Members or to third parties for information and Content that may be erased in this way. It is the Members’ responsibility, using technology of their choice, to save their information and Content where necessary.

3. No reimbursement or other compensation will be payable when subscriptions are terminated before the end of the subscription period.

4. myMusicSession reserves the right to cancel a Member’s subscription in the case of non-compliance with these GCU or failure to respect morality or conform to applicable Swiss law.

5. When a subscription is cancelled by myMusicSession, the Content published by the Member will be removed from the site and myMusicSession accepts no responsibility for the information and Content which may be erased.



XI. Miscellaneous

1. myMusicSession reserves the right to regularly change the GCU. The Members are due to regularly check the GCU to verify if they still accept them. Use of the Service will then be terminated for any Members who do not accept the new version of the GCU.



XII. Applicable jurisdiction and court

1. In the case of litigation, the legal basis is the GCU in force. The GCU are subject to Swiss law to the exclusion of all other legislation.

2. The User accepts that the competent court is in Lausanne (VD), Switzerland.