The Ultimate Search For Greatness In Music™
The Ultimate Search For Greatness In Music™
Totally FREE to Join FOREVER for Artists and Fans
We Need Your Valid PayPal Account So You Can Get Paid
Your PayPal Account Will NEVER Be Charged Unless You Purchase Something
Whether you are an artist/band or fan, "DiscoverEm®" is the NEW REVOLUTION OF TALENT DISCOVERY, which allows you to create your own music and entertainment network and earn cash, discounts and more.
1. Background
Cymbels® Media Group, Inc. and its affiliated entities ("Cymbels®", "We", "Us" or the "Company") operates a music-based, interactive, social networking community and user site where musicians network with other artists, friends, music lovers, such site to be accessed at "http://cymbelstheworld.com" (the Cymbels® Website") or other affiliated websites. Cymbels® offers You access to data and information via the Cymbels® Website network infrastructure that may be provided by or through the Cymbels® Website or Software ("Services"). ("You", "Your", "Yourself", "User", or "Customer" shall be synonymous for purposes of this agreement and shall mean the party making use of the Cymbels® Website.) Customer's access to, and use of the Cymbels® Services is subject to these Legal Terms and Conditions. Cymbels® and Customer are hereinafter also referred to collectively as the "Parties" or individually as a "Party."
2. Use of the Cymbels® Website
By registering, accessing, browsing, viewing, downloading, generating, receiving or transmitting any data, information or messages to or from the Cymbels® Website, You hereby accept for Yourself and on Your company's behalf, without limitation or qualification, these Cymbels® Legal Terms and Conditions as currently constituted and as may be updated from time to time in accordance with its terms. After Cymbels® posts changes to the Legal Terms and Conditions to the Cymbels® Website, Your continued use of the Cymbels® Website shall constitute Your agreement to such changes. Therefore, You agree to regularly revisit and review the Cymbels® Legal Terms and Conditions. We may also require that You accept other terms and conditions that govern the use of particular Services at the time You register for or use that Service
3. Change of Information and Services
In its sole discretion, Cymbels® shall control the appearance, development and operation of the Cymbels® Website. Cymbels® shall in its sole discretion set standards for the messaging performance between Cymbels® and the Customer. Information on the Service may be changed and updated without prior notice. Cymbels® may also make improvements and/or changes in the Services, the Cymbels® Website, and may cease to provide any of the foregoing, at any time without prior notice.
4. Intellectual Property
Except as expressly licensed under these Legal Terms and Conditions or under separate written agreement with Cymbels®, each Party reserves any and all title, right and interests it may have in its trademarks, copyrights and other intellectual property rights. As between Customer and Cymbels®, Cymbels® shall own all intellectual property rights in the Cymbels® Website, separately and as a whole, including all rights in trade secrets, patents, copyrights, trademarks, and know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign.
Cymbels® shall own any data that it creates as a result of or derived from operating the Cymbels® Website, and further, Customer shall not object to any use by Cymbels® of any such data, except as otherwise provided in these Legal Terms and Conditions. Cymbels® grants Customer a non-exclusive, non-transferable, non-assignable, non-sublicensable, terminable license under Cymbels®'s copyrights in any information and data provided to Customer (including data from third parties), directly or indirectly, by or through the Cymbels® Website ("Cymbels® Website Data"), to use that Cymbels® Website Data solely for the uses contained under these Legal Terms and Conditions.
5. Age
You must be at least thirteen years of age to use any of the Cymbels® Services
6. Sellers
You are allowed to sell copies of the sound recordings You have stored on the website to other users of the website. You may set the price for Your sound recordings. You acknowledge, however, that Cymbels® has the right to set the price for Your sound recordings and that the pricing guidelines are subject to change without notice. You acknowledge and agree that Cymbels® will retain a fee for facilitating each sound recording sale You make using the Cymbels® Service.
7. Seller Payment & Commissions
Commissions for items sold are calculated as a percentage of the selling price of each song sold after subtracting the applicable PayPal fees. The Seller's commission rate per song, EP, album, video and merchandise is always 80% less the applicable PayPal Fees. The Cymbels® commission rate per song,EP,album,video and merchandise is always 20%. The DiscoverEm® Promoting Fan Commission ranges from 5% - 15% and is always paid directly out of the Cymbels® commission received. A Seller's account balance is determined by the following calculation: Selling price of items sold – PayPal fees – Cymbels® commission.
8. Seller Payment Options
All payments will be processed through PayPal pursuant to PayPal's User Agreement. All PayPal fees will be paid pursuant to the PayPal fee schedule in effect at the time of the sale.
9. Seller Account Balance
Cymbels® reserves the right to make changes to Your seller account balance in the event of a member dispute, fraud, or any other reason that may later arise. If insufficient funds exist in the seller account balance, Cymbels® will deduct funds from Your PayPal account. By agreeing to the Legal Terms and Conditions and the policies herein, You agree to allow Cymbels® to make these adjustments or deductions.
10. Payment when Your account is suspended or terminated
Any seller who is suspended from Cymbels®, or terminates their seller's account, may have their seller payments held for a minimum of 180 days to allow for settlement of outstanding contested fees or orders. Once 180 days have passed from the date of the account's suspension or termination, the seller should contact Cymbels® to request account reconciliation. This is not, however, a guarantee of payment. Payments may be held for a longer period in cases of fraud as outlined in the section above titled Seller Account Balance.
11. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, You are entirely responsible for each individual item ("Item") of Content that You post, email or otherwise make available via the Services. You understand that Cymbels® does not control, and is not responsible for Content made available through the Service, and that by using the Services, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Cymbels® does not pre-screen or approve Content, but that Cymbels® shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of these Legal Terms and Conditions for any reason, or no reason.
12. Submissions
By submitting material to the Service, You represent and warrant that:
(a) Cymbels®, our customers and licensees shall not be required to make any payments with respect to material that You submit to our Services, including, but not limited to, payments to You, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in Your materials, Your licensors, unions or guilds;
(b) You have full right and power to enter into and perform under these Legal Terms & Conditions, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Legal Terms and Conditions;
(c) The material that You submit to our sites does not contain sample(s) of any third party's sound recording or musical composition and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; and
(d) The material that You submit is not and will not violate any law, statute, ordinance or regulation;
By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, You grant Cymbels®, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to (i) publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images Your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing Your material, to users seeking to download or otherwise acquire it and/or (ii) store the work in a remote database accessible by users; make Your material accessible as audio and/or video streams; use any trademarks, service marks or trade names incorporated into Your material and use the likeness of any individual whose performance or image is contained in Your material.
13. Conduct
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a Cymbels® employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Cymbels® sites which are not designated for such purposes; or emailed to Cymbels® users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal or New Jersey state law.
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the services, or that otherwise negatively affects other users' ability to use the services; or
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the services.
Additionally, You agree not to:
n) contact anyone who has asked not to be contacted;
o) make unsolicited contact with anyone for any commercial purpose. Posts made to the Cymbels® blog or classifieds section are, however, exempt from this restriction;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Cymbels®;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) attempt to gain unauthorized access to Cymbels®'s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the services or the Cymbels® Website; or
u) use any form of automated device or computer program that enables the submission of postings on the Cymbels® Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
14. Restrictions
You agree that You will not:
(a) use the Cymbels® Services to reproduce copyrighted or prohibited materials;
(b) copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks or content streamed through the Cymbels® Services;
(c) make the Cymbels® Services available over a network (other than Cymbels®'s network) where it could be used by others;
(d) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Cymbels® Services or any portion of them;
(e) rent, lease or sublicense any of the Cymbels® Services;
(f) circumvent or bypass any technology used by Cymbels® to protect content accessible via the Cymbels® Services;
(g) provide Your password to anyone; or
(h) use the Cymbels® Services in any way that violates these Legal Terms and Conditions.
15. Information Provided By You
You agree that any information (including without limitation any ideas, concepts, technologies or know-how) that You send to Us via the Cymbels® Website will not contain, and Cymbels® does not want to receive from You through the Cymbels® Website, any copyrighted, confidential or proprietary information of Yourself or any third party and Cymbels® shall be free to use this information as it sees fit, except that personal data shall be governed by Cymbels®'s privacy provisions provided herein. By sending Cymbels® any such information, You agree to transfer ownership, without compensation, including any copyright therein. In addition, should You provide any personal data to Cymbels® in order to register with us or enquire about products, Services, programs or employment opportunities, You consent to allow Cymbels® to store and transfer such personal data in accordance with the policies contained herein.
16. Collection and Use of Personal Data
Cymbels® respects the privacy of its members, its customers and visitors to its website (together known as "Data Subjects") and takes its responsibilities regarding the security of information held on Data Subjects very seriously. Cymbels® collects personal data from its Data Subject's through their use of the Cymbels® Website. Additionally, personal data may be collected from comments and questions from visitors to the Cymbels® Website. Cymbels® may not require personal data from an individual to obtain access to the general public areas of its website but such data may be required for an individual to request or download product information, order products or take advantage of other features on the Cymbels® Website. Cymbels® will not collect sensitive personal data about a user of the Cymbels® Website without his express consent. Cymbels® will use a Data Subject's personal data where it is necessary to do so for such purposes as verifying the identity of visitors to the Cymbels® Website, creating user credentials such as user names and passwords, processing and responding to requests, improving its operations, maintaining details of its business contacts, facilitating business transactions, monitoring market performance and developing new business.
With a Data Subject's consent, Cymbels® (and/or any third party) may use personal data for direct marketing, including sending him details of offers of both Cymbels® and third party products and Services. If at any stage a Data Subject objects to Cymbels®'s use of his personal data for direct marketing or to the media in which such material is being sent, he may choose to unsubscribe to its receipt. If he has consented to third party direct marketing it will be necessary to unsubscribe directly with that third party. Cymbels® may disclose personal data to carefully selected business partners and third party suppliers with whom it engages to provide services. However, other than as set out in these Legal Terms and Conditions, Cymbels® will not disclose or share personal data with any third party without a Data Subject's express consent unless it is necessary to do so to provide the services or products requested by a Data Subject when providing Cymbels® with personal data or unless it is required by law.
17. Use of "cookies"
Cymbels® may use "cookies" on its website to allow visitors to use the website without having to log in upon returning, to input information to email forms, to improve the site, to verify that visitors meet the necessary criteria to process their requests and to improve the management and security of the website. A "cookie" is information that a website puts on a visitor's hard drive so that it can remember pieces of information about them when they next visit the website or a related website. Cymbels® uses cookies to record personal data about an individual who uses its website in order to facilitate their future activities. If an individual does not wish to receive cookies from the Cymbels® Website, he can set his browser to warn him before accepting cookies and refuse the cookie when alerted by the browser to its presence. Cookies can also be refused by turning them off in the browser. However, if cookies are not accepted by a visitor, the range of features available to the user on the Cymbels® Website will be limited.
18. Software updates
The Software which You use may automatically download and install updates from time to time from Cymbels®. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Cymbels® to deliver these to You) as part of Your use of the Services.
19. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising by Cymbels® on the Services are subject to change without specific notice to You. In consideration for Cymbels® granting You access to and use of the services, You agree that Cymbels® may place such advertising on the services.
20. Errors
While Cymbels® has used reasonable efforts to ensure that Cymbels® Website Data is accurate and up to date, Cymbels® is not responsible or liable for any errors, inaccuracies or omissions from the results obtained from the use of any such Cymbels® Website Data . ALL Cymbels® WEBSITE DATA IS PROVIDED "AS IS" WITH NO GUARANTEES OF COMPLETENESS, ACCURACY, OR TIMELINESS OF RESULTS OBTAINED FROM THE USE OF THAT Cymbels® WEBSITE DATA.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION CONTAINED IN THE CONTENT SHALL BE AT YOUR SOLE RISK. Cymbels® RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO OTHERWISE CHANGE, MODIFY, ADD, OR REMOVE ANY PORTION OF THE CONTENTS, IN WHOLE OR IN PART, ON THIS WEBSITE AT ANY TIME. Cymbels® MAY MAKE ANY CHANGES TO THE WEBSITE, THE CONTENTS, AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE. In no event is Cymbels® responsible for, and Cymbels® does not accept and hereby disclaims liability for, any damages whatsoever in connection with the use of or reliance on the information or other Content herein or by reason of any inaccuracies, errors or omissions in such information or other Content, or any delay, non-performance, interruption or termination of the transmission or display thereof, from any cause.
21. Copyright
Unless otherwise noted, everything Customer sees or reads on the Cymbels® Website including, but not limited to, textual, graphical and all other content created by or for Cymbels® Media Group, Inc., is (as between Customer and Cymbels®) the property of Cymbels® Media Group, Inc., and is protected by copyright and may not be reproduced, distributed, publicly performed or displayed, transmitted, or used, except as provided in these Legal Terms and Conditions, without written permission of Cymbels®. Re-publication or citation of any content generated by the Cymbels® Website without Cymbels®'s written consent is expressly prohibited, except as otherwise set forth herein. The Cymbels® Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. "Cymbels® The World" is a trademark of Cymbels® Media Group, Inc.
Although Cymbels® does not claim ownership of content that its users post, by posting Content to any public area of the Services, You automatically grant, and You represent and warrant that You have the right to grant, to Cymbels® an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, You automatically grant Cymbels® all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
22. Claims of Copyright Infringement
Cymbels® respects the intellectual property rights of others, and We ask that everyone using the Cymbels® Website do the same.
If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify the Company for notice of claims of copyright or other intellectual property infringement, at:
info@yourockmediagroup.com
Please provide our Agent with the following Notice:
a) Identify the material on the Cymbels® Website that You claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by You declaring under penalty of perjury that (1) the above information in Your Notice is accurate, and (2) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Cymbels® will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. More information about U.S. copyright law can be found at the United States Copyright Office.
23. Third Party Links
Cymbels® makes no warranties or representations whatsoever regarding any other Websites Customer may access or enroll in through the Cymbels® Website. When accessing or enrolling in a non-Cymbels® Website, Customer understands that that Website is independent from Cymbels® and that Cymbels® has no control over the content of that website. In addition, a link to a non-Cymbels® Website does not mean that Cymbels® endorses or accepts any responsibility for the content or the use of such website. It is up to Customer to take precautions to ensure that whatever is selected for Customer's use is free of viruses and other items of destructive nature. Any link on this Cymbels® Website to third party Websites is being provided by Cymbels® to You as solely a convenience. Cymbels® makes no warranty or representation regarding the linked sites themselves or the contents thereon and Cymbels® is not in any way responsible for such information or content or for the privacy or security practices of such third party sites. Cymbels® does not endorse or sponsor any linked Websites, the information appearing thereon, or any of the products or services described thereon.
24. Received Information and Comments
Information or data provided to Cymbels® by Customer may be used and/or transmitted to third parties in furtherance of Cymbels®'s business purposes so long as such transmissions are in accordance with these Legal Terms and Conditions. Cymbels® assumes no responsibility and shall not be liable for any loss of, erroneous or unjustified transfer to any third party of, or any third party's unjustified access to or alteration of confidential data or information provided to Cymbels® by Customer. You agree that Cymbels® may use and/or transmit to third parties without limitation any information submitted, downloaded or generated on the Cymbels® Website.
25. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET OUT IN THE THESE LEGAL TERMS AND CONDITIONS OR UNLESS AS OTHERWISE SET OUT IN A WRITTEN AGREEMENT BETWEEN YOU AND Cymbels® PURSUANT TO WHICH Cymbels® HAS, FOR GOOD AND VALUABLE CONSIDERATION, MADE EXPRESS REPRESENTATIONS AND WARRANTIES TO YOU THAT REMAIN IN FORCE: (a) Cymbels® DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU OR ANY OTHER PARTY WITH RESPECT TO ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE; AND (b)Cymbels®, ON ITS OWN BEHALF AND ON BEHALF OF Cymbels®'S SHAREHOLDERS, EMPLOYEES, RELATED PARTNERSHIPS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS, PREDECESSORS, SUCCESSORS, AND ASSIGNS (collectively "the Cymbels® Parties"), SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE Cymbels® WEBSITE, AND ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE, INCLUDING, BUT NOT LIMITED TO, (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR QUIET ENJOYMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (iii) THAT THE THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. THERE IS NO WARRANTY OF TITLE OR OF NON-INFRINGEMENT.
CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE Cymbels® WEBSITE, SERVICES, Cymbels® WEBSITE DATA, DOCUMENTS AND ANY OTHER DATA OR INFORMATION OFFERED BY OR THROUGH THE Cymbels® WEBSITE. YOU ACKNOWLEDGE THAT THE Cymbels® WEBSITE, AND ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels®WEBSITE MAY CONTAIN BUGS, TECHNICAL PROBLEMS OR OTHER LIMITATIONS AND THAT THE Cymbels® WEBSITE, ANY SOFTWARE AND/OR SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE MAY LOSE OR CORRUPT DOCUMENTS AND/OR Cymbels® WEBSITE DATA AND OTHER DATA OR INFORMATION FROM TIME TO TIME. Cymbels® ASSUMES NO RESPONSIBLIITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE Cymbels® WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL, Cymbels® WEBSITE DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE Cymbels® WEBSITE.
26. Limitation of Liability
IN NO EVENT WILL Cymbels® BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS THESE LEGAL TERMS AND CONDITIONS OR ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA AND OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE, AND/OR PROVIDED HEREUNDER, AS WELL AS ANY INFORMATION AND DOCUMENTS, ANY DATA OR MESSAGES GENERATED, RECEIVED, TRANSMITTED, DOWNLOADED OR OTHERWISE DISSEMINATED WHICH ARE RELATED TO OR STEM FROM CUSTOMER'S USE OF OR REGISTRATION AT THE Cymbels® WEBSITE, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, OR BUSINESS INTERRUPTION. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS THESE LEGAL TERMS AND CONDITIONS, THE AGGREGATE CUMULATIVE LIABILITY OF Cymbels® AND ALL OTHER Cymbels® PARTIES, AS WELL AS THIRD PARTY SERVICE PROVIDERS, IN ANY AND ALL CIRCUMSTANCES, TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS THESE LEGAL TERMS AND CONDITIONS, ITS TERMINATION, OR ANY SERVICES, WILL NOT EXCEED $500.00. FURTHER, CUSTOMER UNDERSTANDS Cymbels® IS NOT AN AGENT OF AND ASSUMES NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDERS NOR ANY ASPECT OF THE SERVICES RELATED TO THOSE THIRD PARTY SERVICE PROVIDERS.
THIS SECTION APPLIES: (a) EVEN IF Cymbels® HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS THESE LEGAL TERMS AND CONDITIONS, AT LAW, OR IN EQUITY FAIL OF THEIR ESSENTIAL PURPOSE; AND (b) REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, TRADE USAGE OR ANY OTHER CAUSE OF ACTION OR BASIS, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
27. Indemnification
Without limiting the generality or effect of other provisions of this these Legal Terms and Conditions, as a condition of registration or usage of the Cymbels® Website, and/or Cymbels® Services, Customer agrees to indemnify, hold harmless, and upon Cymbels®'s request to defend the Cymbels® Parties against all third party claims, liabilities and damages incurred or allegedly incurred arising out of Customer's use of the Cymbels® Website and/or the Services, and engagement in transactions on the Cymbels® Website and/or the Services.
28. Network Integrity
As a condition of Customer's use of the Cymbels® Website and/or the Services, Customer agrees not to use the Cymbels® Website and/or the Services for any unlawful purpose or any purpose prohibited by these Cymbels® Legal Terms and Conditions. You agree to comply with all laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding or relating to Your use of the Cymbels® Website and the Services.
Customer may not obtain or attempt to obtain any information through any means not intentionally provided to Customer by Cymbels®. In addition, Customer agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, de-compile, or dissemble any aspect of the Cymbels® Website and/or the Services (including any prices or service descriptions) unless specifically authorized by this these Legal Terms and Conditions or permitted by law despite this contractual prohibition. Actual or attempted unauthorized use of the Cymbels® Website and/or the Services may result in criminal and/or civil prosecution.
You acknowledge that Cymbels® has the right, but no obligation, to monitor the Cymbels® Website and the Services and to disclose any information necessary to operate the Cymbels® Website and the Services, to protect Cymbels®, and Cymbels® customers and licensors, and to comply with legal obligations or governmental requests. Cymbels® reserves the right to refuse to post or to remove any information in the Cymbels® Website, and the Services, in whole or in part, for any reason.
29. Limitations on Service
You acknowledge that Cymbels® may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which You may access the Services. You agree that Cymbels® has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Cymbels® reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Cymbels® shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
30. Termination
You agree that Cymbels®, in its sole discretion, has the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Cymbels® believes that You have acted inconsistently with the letter or spirit of these Legal Terms and Conditions. Further,You agree that Cymbels® shall not be liable to You or any third-party for any termination of Your access to the Services. Further, You agree not to attempt to use the Services after said termination.
31. Jurisdiction and Choice of Law
This Agreement shall be deemed to have been made in the State of New Jersey, U.S.A., and any disputes arising hereunder shall be governed by the laws of the State of New Jersey , U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the State and federal courts of New Jersey.
32. General Provisions
If any provision (or portion thereof) of this these Legal Terms and Conditions shall be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof. In addition, in the event that any provision (or portion thereof) of this these Legal Terms and Conditions is determined by a court to be unenforceable as drafted by virtue of the scope, duration, extent, or character of any obligation contained therein, it is the Parties' intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under such applicable law.
Cymbels® shall not be liable for delays or failures in its performance to the extent such failures or delays result from acts beyond Cymbels®'s reasonable control, including, but not limited to, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strikes, walkouts, riots, civil disorders, rebellions, quarantines, epidemics, embargoes or other similar governmental action.
These Legal Terms and Conditions shall constitute the entire agreement between YOU and Cymbels® and shall govern Your use of the Services.
1. Background
Cymbels® Media Group, Inc. and its affiliated entities ("Cymbels®", "We", "Us" or the "Company") operates a music-based, interactive, social networking community and user site where musicians network with other artists, friends, music lovers, such site to be accessed at "http://cymbelstheworld.com" (the Cymbels® Website") or other affiliated websites. Cymbels® offers You access to data and information via the Cymbels® Website network infrastructure that may be provided by or through the Cymbels® Website or Software ("Services"). ("You", "Your", "Yourself", "User", or "Customer" shall be synonymous for purposes of this agreement and shall mean the party making use of the Cymbels® Website.) Customer's access to, and use of the Cymbels® Services is subject to these Legal Terms and Conditions. Cymbels® and Customer are hereinafter also referred to collectively as the "Parties" or individually as a "Party."
2. Use of the Cymbels® Website
By registering, accessing, browsing, viewing, downloading, generating, receiving or transmitting any data, information or messages to or from the Cymbels® Website, You hereby accept for Yourself and on Your company's behalf, without limitation or qualification, these Cymbels® Legal Terms and Conditions as currently constituted and as may be updated from time to time in accordance with its terms. After Cymbels® posts changes to the Legal Terms and Conditions to the Cymbels® Website, Your continued use of the Cymbels® Website shall constitute Your agreement to such changes. Therefore, You agree to regularly revisit and review the Cymbels® Legal Terms and Conditions. We may also require that You accept other terms and conditions that govern the use of particular Services at the time You register for or use that Service
3. Change of Information and Services
In its sole discretion, Cymbels® shall control the appearance, development and operation of the Cymbels® Website. Cymbels® shall in its sole discretion set standards for the messaging performance between Cymbels® and the Customer. Information on the Service may be changed and updated without prior notice. Cymbels® may also make improvements and/or changes in the Services, the Cymbels® Website, and may cease to provide any of the foregoing, at any time without prior notice.
4. Intellectual Property
Except as expressly licensed under these Legal Terms and Conditions or under separate written agreement with Cymbels®, each Party reserves any and all title, right and interests it may have in its trademarks, copyrights and other intellectual property rights. As between Customer and Cymbels®, Cymbels® shall own all intellectual property rights in the Cymbels® Website, separately and as a whole, including all rights in trade secrets, patents, copyrights, trademarks, and know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign.
Cymbels® shall own any data that it creates as a result of or derived from operating the Cymbels® Website, and further, Customer shall not object to any use by Cymbels® of any such data, except as otherwise provided in these Legal Terms and Conditions. Cymbels® grants Customer a non-exclusive, non-transferable, non-assignable, non-sublicensable, terminable license under Cymbels®'s copyrights in any information and data provided to Customer (including data from third parties), directly or indirectly, by or through the Cymbels® Website ("Cymbels® Website Data"), to use that Cymbels® Website Data solely for the uses contained under these Legal Terms and Conditions.
5. Age
You must be at least thirteen years of age to use any of the Cymbels® Services
6. Sellers
You are allowed to sell copies of the sound recordings You have stored on the website to other users of the website. You may set the price for Your sound recordings. You acknowledge, however, that Cymbels® has the right to set the price for Your sound recordings and that the pricing guidelines are subject to change without notice. You acknowledge and agree that Cymbels® will retain a fee for facilitating each sound recording sale You make using the Cymbels® Service.
7. Seller Payment & Commissions
Commissions for items sold are calculated as a percentage of the selling price of each song sold after subtracting the applicable PayPal fees. The Seller's commission rate per song, EP, album, video and merchandise is always 80% less the applicable PayPal Fees. The Cymbels® commission rate per song,EP,album,video and merchandise is always 20%. The DiscoverEm® Promoting Fan Commission ranges from 5% - 15% and is always paid directly out of the Cymbels® commission received. A Seller's account balance is determined by the following calculation: Selling price of items sold – PayPal fees – Cymbels® commission.
8. Seller Payment Options
All payments will be processed through PayPal pursuant to PayPal's User Agreement. All PayPal fees will be paid pursuant to the PayPal fee schedule in effect at the time of the sale.
9. Seller Account Balance
Cymbels® reserves the right to make changes to Your seller account balance in the event of a member dispute, fraud, or any other reason that may later arise. If insufficient funds exist in the seller account balance, Cymbels® will deduct funds from Your PayPal account. By agreeing to the Legal Terms and Conditions and the policies herein, You agree to allow Cymbels® to make these adjustments or deductions.
10. Payment when Your account is suspended or terminated
Any seller who is suspended from Cymbels®, or terminates their seller's account, may have their seller payments held for a minimum of 180 days to allow for settlement of outstanding contested fees or orders. Once 180 days have passed from the date of the account's suspension or termination, the seller should contact Cymbels® to request account reconciliation. This is not, however, a guarantee of payment. Payments may be held for a longer period in cases of fraud as outlined in the section above titled Seller Account Balance.
11. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, You are entirely responsible for each individual item ("Item") of Content that You post, email or otherwise make available via the Services. You understand that Cymbels® does not control, and is not responsible for Content made available through the Service, and that by using the Services, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Cymbels® does not pre-screen or approve Content, but that Cymbels® shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of these Legal Terms and Conditions for any reason, or no reason.
12. Submissions
By submitting material to the Service, You represent and warrant that:
(a) Cymbels®, our customers and licensees shall not be required to make any payments with respect to material that You submit to our Services, including, but not limited to, payments to You, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in Your materials, Your licensors, unions or guilds;
(b) You have full right and power to enter into and perform under these Legal Terms & Conditions, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Legal Terms and Conditions;
(c) The material that You submit to our sites does not contain sample(s) of any third party's sound recording or musical composition and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; and
(d) The material that You submit is not and will not violate any law, statute, ordinance or regulation;
By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, You grant Cymbels®, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to (i) publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images Your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing Your material, to users seeking to download or otherwise acquire it and/or (ii) store the work in a remote database accessible by users; make Your material accessible as audio and/or video streams; use any trademarks, service marks or trade names incorporated into Your material and use the likeness of any individual whose performance or image is contained in Your material.
13. Conduct
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a Cymbels® employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Cymbels® sites which are not designated for such purposes; or emailed to Cymbels® users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal or New Jersey state law.
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the services, or that otherwise negatively affects other users' ability to use the services; or
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the services.
Additionally, You agree not to:
n) contact anyone who has asked not to be contacted;
o) make unsolicited contact with anyone for any commercial purpose. Posts made to the Cymbels® blog or classifieds section are, however, exempt from this restriction;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Cymbels®;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) attempt to gain unauthorized access to Cymbels®'s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the services or the Cymbels® Website; or
u) use any form of automated device or computer program that enables the submission of postings on the Cymbels® Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
14. Restrictions
You agree that You will not:
(a) use the Cymbels® Services to reproduce copyrighted or prohibited materials;
(b) copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks or content streamed through the Cymbels® Services;
(c) make the Cymbels® Services available over a network (other than Cymbels®'s network) where it could be used by others;
(d) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Cymbels® Services or any portion of them;
(e) rent, lease or sublicense any of the Cymbels® Services;
(f) circumvent or bypass any technology used by Cymbels® to protect content accessible via the Cymbels® Services;
(g) provide Your password to anyone; or
(h) use the Cymbels® Services in any way that violates these Legal Terms and Conditions.
15. Information Provided By You
You agree that any information (including without limitation any ideas, concepts, technologies or know-how) that You send to Us via the Cymbels® Website will not contain, and Cymbels® does not want to receive from You through the Cymbels® Website, any copyrighted, confidential or proprietary information of Yourself or any third party and Cymbels® shall be free to use this information as it sees fit, except that personal data shall be governed by Cymbels®'s privacy provisions provided herein. By sending Cymbels® any such information, You agree to transfer ownership, without compensation, including any copyright therein. In addition, should You provide any personal data to Cymbels® in order to register with us or enquire about products, Services, programs or employment opportunities, You consent to allow Cymbels® to store and transfer such personal data in accordance with the policies contained herein.
16. Collection and Use of Personal Data
Cymbels® respects the privacy of its members, its customers and visitors to its website (together known as "Data Subjects") and takes its responsibilities regarding the security of information held on Data Subjects very seriously. Cymbels® collects personal data from its Data Subject's through their use of the Cymbels® Website. Additionally, personal data may be collected from comments and questions from visitors to the Cymbels® Website. Cymbels® may not require personal data from an individual to obtain access to the general public areas of its website but such data may be required for an individual to request or download product information, order products or take advantage of other features on the Cymbels® Website. Cymbels® will not collect sensitive personal data about a user of the Cymbels® Website without his express consent. Cymbels® will use a Data Subject's personal data where it is necessary to do so for such purposes as verifying the identity of visitors to the Cymbels® Website, creating user credentials such as user names and passwords, processing and responding to requests, improving its operations, maintaining details of its business contacts, facilitating business transactions, monitoring market performance and developing new business.
With a Data Subject's consent, Cymbels® (and/or any third party) may use personal data for direct marketing, including sending him details of offers of both Cymbels® and third party products and Services. If at any stage a Data Subject objects to Cymbels®'s use of his personal data for direct marketing or to the media in which such material is being sent, he may choose to unsubscribe to its receipt. If he has consented to third party direct marketing it will be necessary to unsubscribe directly with that third party. Cymbels® may disclose personal data to carefully selected business partners and third party suppliers with whom it engages to provide services. However, other than as set out in these Legal Terms and Conditions, Cymbels® will not disclose or share personal data with any third party without a Data Subject's express consent unless it is necessary to do so to provide the services or products requested by a Data Subject when providing Cymbels® with personal data or unless it is required by law.
17. Use of "cookies"
Cymbels® may use "cookies" on its website to allow visitors to use the website without having to log in upon returning, to input information to email forms, to improve the site, to verify that visitors meet the necessary criteria to process their requests and to improve the management and security of the website. A "cookie" is information that a website puts on a visitor's hard drive so that it can remember pieces of information about them when they next visit the website or a related website. Cymbels® uses cookies to record personal data about an individual who uses its website in order to facilitate their future activities. If an individual does not wish to receive cookies from the Cymbels® Website, he can set his browser to warn him before accepting cookies and refuse the cookie when alerted by the browser to its presence. Cookies can also be refused by turning them off in the browser. However, if cookies are not accepted by a visitor, the range of features available to the user on the Cymbels® Website will be limited.
18. Software updates
The Software which You use may automatically download and install updates from time to time from Cymbels®. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Cymbels® to deliver these to You) as part of Your use of the Services.
19. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising by Cymbels® on the Services are subject to change without specific notice to You. In consideration for Cymbels® granting You access to and use of the services, You agree that Cymbels® may place such advertising on the services.
20. Errors
While Cymbels® has used reasonable efforts to ensure that Cymbels® Website Data is accurate and up to date, Cymbels® is not responsible or liable for any errors, inaccuracies or omissions from the results obtained from the use of any such Cymbels® Website Data . ALL Cymbels® WEBSITE DATA IS PROVIDED "AS IS" WITH NO GUARANTEES OF COMPLETENESS, ACCURACY, OR TIMELINESS OF RESULTS OBTAINED FROM THE USE OF THAT Cymbels® WEBSITE DATA.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION CONTAINED IN THE CONTENT SHALL BE AT YOUR SOLE RISK. Cymbels® RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO OTHERWISE CHANGE, MODIFY, ADD, OR REMOVE ANY PORTION OF THE CONTENTS, IN WHOLE OR IN PART, ON THIS WEBSITE AT ANY TIME. Cymbels® MAY MAKE ANY CHANGES TO THE WEBSITE, THE CONTENTS, AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE. In no event is Cymbels® responsible for, and Cymbels® does not accept and hereby disclaims liability for, any damages whatsoever in connection with the use of or reliance on the information or other Content herein or by reason of any inaccuracies, errors or omissions in such information or other Content, or any delay, non-performance, interruption or termination of the transmission or display thereof, from any cause.
21. Copyright
Unless otherwise noted, everything Customer sees or reads on the Cymbels® Website including, but not limited to, textual, graphical and all other content created by or for Cymbels® Media Group, Inc., is (as between Customer and Cymbels®) the property of Cymbels® Media Group, Inc., and is protected by copyright and may not be reproduced, distributed, publicly performed or displayed, transmitted, or used, except as provided in these Legal Terms and Conditions, without written permission of Cymbels®. Re-publication or citation of any content generated by the Cymbels® Website without Cymbels®'s written consent is expressly prohibited, except as otherwise set forth herein. The Cymbels® Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. "Cymbels® The World" is a trademark of Cymbels® Media Group, Inc.
Although Cymbels® does not claim ownership of content that its users post, by posting Content to any public area of the Services, You automatically grant, and You represent and warrant that You have the right to grant, to Cymbels® an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, You automatically grant Cymbels® all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
22. Claims of Copyright Infringement
Cymbels® respects the intellectual property rights of others, and We ask that everyone using the Cymbels® Website do the same.
If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify the Company for notice of claims of copyright or other intellectual property infringement, at:
info@yourockmediagroup.com
Please provide our Agent with the following Notice:
a) Identify the material on the Cymbels® Website that You claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by You declaring under penalty of perjury that (1) the above information in Your Notice is accurate, and (2) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Cymbels® will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. More information about U.S. copyright law can be found at the United States Copyright Office.
23. Third Party Links
Cymbels® makes no warranties or representations whatsoever regarding any other Websites Customer may access or enroll in through the Cymbels® Website. When accessing or enrolling in a non-Cymbels® Website, Customer understands that that Website is independent from Cymbels® and that Cymbels® has no control over the content of that website. In addition, a link to a non-Cymbels® Website does not mean that Cymbels® endorses or accepts any responsibility for the content or the use of such website. It is up to Customer to take precautions to ensure that whatever is selected for Customer's use is free of viruses and other items of destructive nature. Any link on this Cymbels® Website to third party Websites is being provided by Cymbels® to You as solely a convenience. Cymbels® makes no warranty or representation regarding the linked sites themselves or the contents thereon and Cymbels® is not in any way responsible for such information or content or for the privacy or security practices of such third party sites. Cymbels® does not endorse or sponsor any linked Websites, the information appearing thereon, or any of the products or services described thereon.
24. Received Information and Comments
Information or data provided to Cymbels® by Customer may be used and/or transmitted to third parties in furtherance of Cymbels®'s business purposes so long as such transmissions are in accordance with these Legal Terms and Conditions. Cymbels® assumes no responsibility and shall not be liable for any loss of, erroneous or unjustified transfer to any third party of, or any third party's unjustified access to or alteration of confidential data or information provided to Cymbels® by Customer. You agree that Cymbels® may use and/or transmit to third parties without limitation any information submitted, downloaded or generated on the Cymbels® Website.
25. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET OUT IN THE THESE LEGAL TERMS AND CONDITIONS OR UNLESS AS OTHERWISE SET OUT IN A WRITTEN AGREEMENT BETWEEN YOU AND Cymbels® PURSUANT TO WHICH Cymbels® HAS, FOR GOOD AND VALUABLE CONSIDERATION, MADE EXPRESS REPRESENTATIONS AND WARRANTIES TO YOU THAT REMAIN IN FORCE: (a) Cymbels® DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU OR ANY OTHER PARTY WITH RESPECT TO ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE; AND (b)Cymbels®, ON ITS OWN BEHALF AND ON BEHALF OF Cymbels®'S SHAREHOLDERS, EMPLOYEES, RELATED PARTNERSHIPS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS, PREDECESSORS, SUCCESSORS, AND ASSIGNS (collectively "the Cymbels® Parties"), SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE Cymbels® WEBSITE, AND ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE, INCLUDING, BUT NOT LIMITED TO, (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR QUIET ENJOYMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (iii) THAT THE THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. THERE IS NO WARRANTY OF TITLE OR OF NON-INFRINGEMENT.
CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE Cymbels® WEBSITE, SERVICES, Cymbels® WEBSITE DATA, DOCUMENTS AND ANY OTHER DATA OR INFORMATION OFFERED BY OR THROUGH THE Cymbels® WEBSITE. YOU ACKNOWLEDGE THAT THE Cymbels® WEBSITE, AND ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA OR OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels®WEBSITE MAY CONTAIN BUGS, TECHNICAL PROBLEMS OR OTHER LIMITATIONS AND THAT THE Cymbels® WEBSITE, ANY SOFTWARE AND/OR SERVICES PROVIDED BY OR THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE MAY LOSE OR CORRUPT DOCUMENTS AND/OR Cymbels® WEBSITE DATA AND OTHER DATA OR INFORMATION FROM TIME TO TIME. Cymbels® ASSUMES NO RESPONSIBLIITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE Cymbels® WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL, Cymbels® WEBSITE DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE Cymbels® WEBSITE.
26. Limitation of Liability
IN NO EVENT WILL Cymbels® BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS THESE LEGAL TERMS AND CONDITIONS OR ANY DOCUMENTS, ANY Cymbels® WEBSITE DATA AND OTHER DATA OR INFORMATION, ANY SOFTWARE OR ANY OF THE SERVICES PROVIDED THROUGH YOUR INTERACTION WITH THE Cymbels® WEBSITE, AND/OR PROVIDED HEREUNDER, AS WELL AS ANY INFORMATION AND DOCUMENTS, ANY DATA OR MESSAGES GENERATED, RECEIVED, TRANSMITTED, DOWNLOADED OR OTHERWISE DISSEMINATED WHICH ARE RELATED TO OR STEM FROM CUSTOMER'S USE OF OR REGISTRATION AT THE Cymbels® WEBSITE, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, OR BUSINESS INTERRUPTION. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS THESE LEGAL TERMS AND CONDITIONS, THE AGGREGATE CUMULATIVE LIABILITY OF Cymbels® AND ALL OTHER Cymbels® PARTIES, AS WELL AS THIRD PARTY SERVICE PROVIDERS, IN ANY AND ALL CIRCUMSTANCES, TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS THESE LEGAL TERMS AND CONDITIONS, ITS TERMINATION, OR ANY SERVICES, WILL NOT EXCEED $500.00. FURTHER, CUSTOMER UNDERSTANDS Cymbels® IS NOT AN AGENT OF AND ASSUMES NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDERS NOR ANY ASPECT OF THE SERVICES RELATED TO THOSE THIRD PARTY SERVICE PROVIDERS.
THIS SECTION APPLIES: (a) EVEN IF Cymbels® HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS THESE LEGAL TERMS AND CONDITIONS, AT LAW, OR IN EQUITY FAIL OF THEIR ESSENTIAL PURPOSE; AND (b) REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, TRADE USAGE OR ANY OTHER CAUSE OF ACTION OR BASIS, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
27. Indemnification
Without limiting the generality or effect of other provisions of this these Legal Terms and Conditions, as a condition of registration or usage of the Cymbels® Website, and/or Cymbels® Services, Customer agrees to indemnify, hold harmless, and upon Cymbels®'s request to defend the Cymbels® Parties against all third party claims, liabilities and damages incurred or allegedly incurred arising out of Customer's use of the Cymbels® Website and/or the Services, and engagement in transactions on the Cymbels® Website and/or the Services.
28. Network Integrity
As a condition of Customer's use of the Cymbels® Website and/or the Services, Customer agrees not to use the Cymbels® Website and/or the Services for any unlawful purpose or any purpose prohibited by these Cymbels® Legal Terms and Conditions. You agree to comply with all laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding or relating to Your use of the Cymbels® Website and the Services.
Customer may not obtain or attempt to obtain any information through any means not intentionally provided to Customer by Cymbels®. In addition, Customer agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, de-compile, or dissemble any aspect of the Cymbels® Website and/or the Services (including any prices or service descriptions) unless specifically authorized by this these Legal Terms and Conditions or permitted by law despite this contractual prohibition. Actual or attempted unauthorized use of the Cymbels® Website and/or the Services may result in criminal and/or civil prosecution.
You acknowledge that Cymbels® has the right, but no obligation, to monitor the Cymbels® Website and the Services and to disclose any information necessary to operate the Cymbels® Website and the Services, to protect Cymbels®, and Cymbels® customers and licensors, and to comply with legal obligations or governmental requests. Cymbels® reserves the right to refuse to post or to remove any information in the Cymbels® Website, and the Services, in whole or in part, for any reason.
29. Limitations on Service
You acknowledge that Cymbels® may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which You may access the Services. You agree that Cymbels® has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Cymbels® reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Cymbels® shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
30. Termination
You agree that Cymbels®, in its sole discretion, has the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Cymbels® believes that You have acted inconsistently with the letter or spirit of these Legal Terms and Conditions. Further,You agree that Cymbels® shall not be liable to You or any third-party for any termination of Your access to the Services. Further, You agree not to attempt to use the Services after said termination.
31. Jurisdiction and Choice of Law
This Agreement shall be deemed to have been made in the State of New Jersey, U.S.A., and any disputes arising hereunder shall be governed by the laws of the State of New Jersey , U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the State and federal courts of New Jersey.
32. General Provisions
If any provision (or portion thereof) of this these Legal Terms and Conditions shall be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof. In addition, in the event that any provision (or portion thereof) of this these Legal Terms and Conditions is determined by a court to be unenforceable as drafted by virtue of the scope, duration, extent, or character of any obligation contained therein, it is the Parties' intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under such applicable law.
Cymbels® shall not be liable for delays or failures in its performance to the extent such failures or delays result from acts beyond Cymbels®'s reasonable control, including, but not limited to, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strikes, walkouts, riots, civil disorders, rebellions, quarantines, epidemics, embargoes or other similar governmental action.
These Legal Terms and Conditions shall constitute the entire agreement between YOU and Cymbels® and shall govern Your use of the Services.
Whether you are an artist/band or fan, "DiscoverEm®" is the NEW REVOLUTION OF TALENT DISCOVERY, which allows you to create your own music and entertainment network and earn cash, discounts and more.
Combine your love and passion for “Live” music and entertainment, with the ability to help support independent artists and bands, influence your local music scene, meet and network with new people while being rewarded for going to shows with discounts and coupons from local merchants and products that you love.
Contact Support
Quick Links
Copyright 2025 Cymbels® Media Group Inc. All Rights Reserved
Patents Pending: Global
Follow Us :