Terms of Use
Thank you for visiting Livemusiczone.com. The Site allows you to download music files featuring live and studio performances by various artists. These Terms of Use explain your access to and use of the site and its contents and any downloading of the music files.
These Terms of Use are a legal contract between you and Livemusiczone.com. Please review them carefully. In using our site, you agree to the terms and conditions contained in these Terms of Use. If you do not want to agree to these Terms of Use, then you should discontinue using the site. Please also review our privacy policy
These Terms of Use may be changed to update at times. While we will attempt to notify of major changes to the Terms of Use, you should regularly check them (especially if you do not access the Site often). If you continue to access our site and/or download music files after changes are made (even if you have not received notice of such changes), you will have agreed to the Terms of Use as changed.
The effective date of these Terms of Use is June 1st of 2004.
1. Ownership
Livemusiczone.com (Encore Distribution Group) is the exclusive owner of the Site, including all site content and code. Content includes the music files and all other audio and visual elements of Livemusiczone.com.
2. License Grant
Livemusiczone.com gives the user a non-exclusive, non-transferable limited license to access and use of our site and to view any content posted on it. In addition, upon registration and payment of the appropriate fee, Livemusiczone.com gives you a license to download the applicable music files. This license is subject to the user's ability to follow these Terms of Use and is for personal use only and not ANY form of commercial use.
License to download music files includes the right to copy downloaded files onto CDs and other media for personal use only. Copying Music Files for any other purpose violates the license, as well as federal and state copyright law.
You agree that you will not (nor allow any third party to) modify the Content or any code contained in the Site in any manner or form; create derivative works, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Content. You agree to retain all copyright and other proprietary notices on the Content. You agree to comply with all applicable laws regarding your use of the Site.
3. Registration
A user name and password may be issued to access the use of Livemusiczone.com in certain portions of the site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. Livemusiczone.com shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
4. Disclaimer of Warranties/Limitation of Liabilities
This site is offered for entertainment purposes only. Livemusiczone.com does not warrant the truth or validity of the information contained on its Site. The user acknowledge that mistakes or omissions may occur in the data or information provided, as well as delays or interruptions of the data or information stream.
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENCORE DISTRIBUTION GOUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ENCORE DISTRIBUTION GROUP MAKES NO WARRANTY THAT (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (b) CONTENT WILL BE ACCURATE (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OR RELIABLE, OR (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH DOWNLOAD OR USE OF ANY MATERIAL, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
ENCORE DISTRIBUTION GROUP WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN CERTAIN CIRCUMSTANCES.
5. Materials Posted By You
License to Your Postings to the Site; Indemnity. By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to Livemusiczone.com a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) Livemusiczone.com exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to Livemusiczone.com (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold Livemusiczone.com harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against Livemusiczone.com, arising out of or relating to Livemusiczone.com exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.
6. General Terms
In the event of any legal action relating to this Site, the Terms of Use or your relationship with Livemusiczone.com, the party that wins will be reimbursed by the party that loses for all reasonable attorneys' fees and expenses, including the cost of enforcing a judgment.
Livemusiczone.com may provide notices of significant changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. Notices to you may also be made via either email or regular mail.
If any part of the Terms of Use is unlawful, void or unenforceable, that provision will be deemed breakable and will not affect the validity and enforceability of any remaining provisions.
Failure by either party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by such party.
