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Terms of Use

MATCHLESS MUSIC TERMS AND CONDITIONS OF USE

1. These Terms and Conditions of Use govern use of the MatchlessMusic.net website by consumers (hereinafter referred to as “you”). Should you enter into an agreement to license a composition through us or allow your works to be licensed by us, these Terms and Conditions of Use shall be supplemented by such License Agreement and/or Artist Agreement.

2. Matchless Music, LLC (hereinafter referred to as “we” or “us”) is a limited liability company organized under the laws of the State of Vermont.

3. Matchless Music, LLC, through our website, MatchlessMusic.net, (hereinafter referred to as “the Website” or “the Site”) provides consumers with an online production music library resource. Sound recordings embodying underlying musical compositions (hereinafter referred to as “Selections”) are obtained from artists through the use of Artist Agreements. Consumers visiting the Website will conduct a search for production music in Matchless Music’s repertoire, based on a number of criteria. These criteria include, but are not limited to, the genre of music desired, the type of production, the budget of the production and the geographic scope of the production. The consumer will then be presented with a number of options from which to choose for their production music needs, or with the option to begin their search again. Once the consumer chooses the appropriate Selection the consumer will be presented with a check-out page and a Synchronization and Master Use License (hereinafter referred to as “the License”) for signature. Consumers pay on a per-License basis.

4. Consumers visiting the Website agree to the following restrictions:

(a) Consumers will not reprint, republish, reproduce, or distribute, in any way except as explicitly authorized in the License, any information or materials found on our website, including but not limited to Selections. Consumer acknowledges that the materials on our Site, including but not limited to, designs, images, photographs, and files are protected by copyright law, trademark law, state law rights of privacy and publicity, and other federal and state protections, and consumers will not copy or otherwise appropriate our materials in any way. If you believe that material on our website infringes the copyright of another, please email info@matchlessmusic.net.

(b) Any content downloaded by you from this site with the express written authorization of Matchless Music, LLC, including but not limited to any sound recordings, compositions, files, images, and data, is licensed to you by Matchless Music, LLC. Such License shall in no way transfer title to such content, nor any intellectual property rights or other rights contained therein.

(c) Notwithstanding anything to the contrary, users agree to make only those uses of the Selections permitted by the aforementioned License. Any unpermitted uses of the Composition made by the Consumer will result in an immediate breach of these Terms of Use, as well as of the License. Upon such breach, we will pursue any and all remedies available to us under state and federal law, including but not limited to actions for breach of contract and copyright infringement.

(d) MatchlessMusic.net currently accepts unsolicited material from potential artists. However, acceptance of these materials shall in no way be construed to obligate Matchless Music, LLC to exploit, advertise, or make any use of such materials. Matchless Music, LLC shall not be responsible for any similarity, likeness or resemblance between such unsolicited submissions and other materials which appear on MatchlessMusic.net. Further, by submitting unsolicited material, users agree to and do indemnify and hold Matchless Music, LLC harmless from any of user’s claims for infringement of copyright, trademark, rights of publicity and/or privacy, and/or state unfair competition claims.

5. Consumer understands that we reserve the right to bar your further use of our Website at any time, with or without cause, without prior notice. Termination of your access to our Site shall not affect the validity of any underlying License or Artist Agreement, which shall remain in full force and effect.

6. We may, from time to time, offer files in formats requiring the use of third-party software. We do not offer technical support for any third-party software, nor will we be liable for any damages (general, special, punitive, and/or consequential), liabilities, costs, losses or expenses (including court costs and reasonable attorneys fees) arising out of or connected with the use of any third-party software. You hereby release us from any and all claims, losses, costs, expenses, demands and/or actions arising from the use of any third-party software.

7. Subject to the provisions of any and all License Agreements and/or Artist Agreements entered into by the user, we cannot be held liable or responsible in any way for any event that results from use of any information or services on our Site, not limited to financial losses or damage to hardware, software, or other equipment. Consumer completely releases and absolves us of any responsibility, financial or otherwise, for use of the Site. We will use reasonable efforts to keep the website service available on an ongoing basis. Consumers may experience poor performance from time to time based on the need for us to provide maintenance, temporary unavailability of the web or reasons beyond our control. We shall not be liable for these types of failure.

8. Disclaimer of Other Warranties. Except as Expressly Set Forth Herein and In Any License Agreement or Artist Agreement Entered Into by You, The Material on This Website (Including, Without Limitation, All Content, Software, Functions, Services, Materials and Information Made Available Herein or Accessed by Means Hereof) Are Provided As Is to the Extent Provided by Law, Without Warranties of Any Kind, Either Express or Implied, Including But Not Limited to, Non-Infringement, Warranties of Merchantability and Fitness For A Particular Purpose.

9. Limitation of Liability. Subject to the Provisions of Any and All License Agreements and/or Artist Agreements Entered Into by the User, You Assume Full Responsibility and Risk of Loss Resulting From Your Use of This Site and Any Information on This Site. Under no Circumstances Shall We Or Any of Our Employees, Members, Owners, Agents or Other Representatives be Liable for Any Indirect, Punitive, Special or Consequential Damages Even if We or Any of Our Employees, Members, Owners, Agents or Representatives Have Been Advised of the Possibility of Such Damages. Our Total Liability in Any Event is Limited to the Amount, if any, Actually Paid by user for the License Agreement under which such dispute arose, and You Hereby Release Us and Our Employees, Owners, Agents and Representatives From Any and All Obligations, Liabilities and Claims in Excess of This Limitation.

10. From time to time we may provide links on our website for the convenience of our customers. Consumer acknowledges and agrees that we have not reviewed the content of all sites linked to or from our website and that we are not responsible for the content of any of those sites, and do not take responsibility for them or endorse them.

11. If you pay by credit card for any products or services associated with our website, you grant us permission to charge all fees incurred using your password to the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned for any reason, including but not limited to chargebacks, we may either suspend or terminate your account and all services under these Terms of Service and any and all License Agreements entered into by you, and you will owe us any unpaid balance, in addition to any fees, charges, expenses, or losses incurred in collection. Acceptance of the License Agreement is contingent upon your full payment of the License fee.

12. You represent and warrant that you are thirteen (13) years of age or older, and if a credit card was used to pay for any subscription fee, that the adult (over age eighteen) owner of such credit card was the one that submitted the credit card information and authorized the charge.

13. We reserve the right to modify these Terms of Service and any policies affecting the Site at any time without notice. At our option, we may notify users of changes to the Terms of Service through advisement on the Terms of Service hyperlink on the Site. Any modification is effective as of the posting of the change to this site. Your continued use of the Site more than thirty (30) days following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). If any change is unacceptable to you, you may notify us before the expiration of the thirty (30) day period of your decision to terminate your online account with Matchless Music, Inc. Such termination of the Site account shall in no way affect the validity of any License Agreements and/or Artist Agreements entered into by the user, which shall continue in full force and effect, until such time as the aforementioned Agreements are terminated.

14. The terms of this Agreement will be governed and construed in accordance with the laws of the State of Vermont and the United States applicable to contracts to be wholly performed in Vermont. Any action based on or alleging a breach of this Agreement or otherwise relating to this Agreement shall be brought only in a state or federal court located in Chittenden County, Vermont. In Any Such Action If We Prevail, We Shall Be Entitled to Also Recover Our Legal Fees and Costs.

15. These Terms of Service constitute the entire Agreement between you and us with respect to this Website, subject only to the supplemental provisions provided by any License Agreements or Artist Agreements entered into by you. Failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our website and we will cooperate with law enforcement officials as appropriate. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provision shall remain in full force and effect. The unenforceability of any provision of these Terms of Service shall in no way effect the validity of License Agreements or Artist Agreements entered into by the user.