Last updated: March 4, 2013
1. General Provisions
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version here. Music Video Machine may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The Service includes all aspects of Music Video Machine, including but not limited to all products, software and services offered via the Music Video Machine website and affiliated Music Video Machine widgets and apps, such as the Music Video Machine video player, Music Video Machine playlist creation service, and Music Video Machine search service.
The Service obtains videos through YouTube and contains links directly to the YouTube service. The Service also provides musical artist discography services, powered in part by Last.fm; sign in features powered by Google; and Facebook; and upon your consent, access to and from social network services such as Facebook, Google+, Twitter, Pinterest, or others.
The Service contains links to third party websites that are not owned or controlled by Music Video Machine. Music Video Machine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Music Video Machine will not and cannot censor or edit the content of any video or third-party site.
You also acknowledge and accept that any of the third party providers can discontinue their relationship with Music Video Machine at any time, rending those services inoperable. This includes third party services on which Music Video Machine is wholly dependent, such as YouTube.
Further, Music Video Machine, through its interface with YouTube and through its search, powered in part by Last.fm; obtains all media content from third party websites. ALL CONTENT ADDED TO ANY PLAYLIST COMES FROM YOUTUBE - THEREFORE, ALL INTELLECTUAL PROPERTY AND IN-VIDEO ADVERTISEMENTS ARE GOVERNED BY YOUTUBE'S POLICIES AND PROCEDURES. IF YOU ARE A COPYRIGHT OWNER OR AN AGENT THEREOF AND BELIEVE THAT ANY CONTENT INFRINGES UPON YOUR COPYRIGHTS, PLEASE REMOVE THE VIDEO, ADVISE OR REPORT THE VIDEO TO YOUTUBE. REMOVAL OF THE CONTENT FROM YOUTUBE WILL EFFECTIVELY ELIMINATE ANY UNINTENDED INFRINGEMENTS. For your convenience, you may report violations to YouTube at http://www.youtube.com/t/dmca_policy.
Further, the Service may contain advertisements by third parties unrelated to Music Video. Music Video Machine has no control over, and assumes no responsibility for, the policies or practices of any third party advertisers and does not recommend or endorse in any way any third party advertiser.
Additionally, for content that is covered by intellectual property rights, like images, photos and/or videos (IP content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you create on the Service, including but not limited to Music Video Machine playlists.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
2. Use of the Services by You
You agree to use the Service only for purposes that are permitted by (a) the Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by Music Video Machine, unless you have been specifically allowed to do so in a separate agreement with Music Video Machine. You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers), and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service.
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers/networks which are connected to the Service). You agree that you are solely responsible for (and that Music Video machine has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Music Video Machine may suffer) of any such breach.
When utilizing Music Video Machine you may elect to log in to various social networks and services, such as Facebook, Google+, Twitter, Pinterest, or others.
When using Music Video machine there is no need to sign up, log in or otherwise provide any personal information for use of the Service. Consumers may use the Service to search, create and play a music video playlist. Consumers may share the playing video to various social networks, and may share Music Video Machine playlists to various social networks.
The Service may include advertisements.
In the future, the Service may offer mobile apps and/or mobile optimized content of different varieties or other services and products. The Anonymous Service may include limitations of use of these additional services.
3. Termination by Music Video Machine
You agree that Music Video Machine, in its sole discretion, with or without prior notice, may freeze or terminate your account, user name, password or use of the Service for any reason, including, without limitation, if Music Video Machine believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. Music Video Machine may also in its sole discretion and at any time modify or discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that Music Video Machine shall not be liable to you or any third-party for any interference with or termination of your access to the Service.
4. Your Account Information
In order to access some features of the Service, you will have to create a Music Video Machine account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to Music Video Machine for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Music Video Machine immediately at Customer Service.
You agree to the use of your data in accordance with the Music Video Machine's privacy policies. Although Music Video Machine will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Music Video Machine or others due to such unauthorized use.
5. Intellectual Property Rights
Music Video Machine and its licensors retain exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service. Music Video Machine and its licensors reserve all rights not expressly granted hereunder. You shall promptly notify Music Video Machine in writing upon your discovery of any unauthorized use or infringement of the Service or any patent, copyright, trade secret, trademarks or other intellectual property rights of Music Video Machine or its licensors. The Service contains proprietary information that is protected by copyright laws and international treaty provisions.
Music Video Machine expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.
6. Technology Limitations and Modifications to Service
Music Video Machine will make reasonable efforts to keep your account and the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Music Video Machine will make reasonable efforts to notify you in advance of any anticipated downtime that will exceed one hour.
Music Video Machine also reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice. As stated above, you also acknowledge and accept that any of the third party providers can discontinue their relationship with Music Video Machine at any time, rendering those services inoperable. This includes third party services on which Music Video Machine is wholly dependent, such as YouTube. Music Video Machine shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service.
Some of the Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by Music Video Machine on the Service are subject to change without specific notice to you. In consideration for Music Video Machine granting you access to and use of the Service, you agree that Music Video Machine may place such advertising on the Service.
You shall not, and shall not authorize or encourage any third party to directly or indirectly click on any advertisements for the purposes of deception, fraud or other invalid and nefarious purposes. You shall not perform or cause to be performed, repeated manual clicks on ads, use of robots or other automated click methods. You will not edit, modify, or misappropriate information contained in any Ad, Link, Ad Unit, or other advertising method or content.
You acknowledge that any attempted participation or violation of the advertising policy is a material breach of these Terms of Service and will result in the suspension of your use of the Service and/or termination of your account.
8. Other Content
The Service may include hyperlinks to other web sites or content or resources. Music Video Machine may have no control over any web sites or resources that are provided by companies or persons other than Music Video Machine. You acknowledge and agree that Music Video Machine is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Music Video Machine is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
9. Log Files
Like many other Web sites, www.MusicVideoMachine.com makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user's movement around the site, and gather demographic information.
Music Video Machine treats any Personal Information that may be contained in cookies with the same level of confidentiality as other information you provide to Music Video Machine.
11. DoubleClick DART Cookie
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites. Music Video Machine does not require that you accept cookies; however, some functionality on the website will be disabled if you decline to accept cookies.
12. Disclaimer of Warranty
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSIC VIDEO MACHINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
MUSIC VIDEO MACHINE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; MUSIC VIDEO MACHINE MAKES NO WARRANTY REGARDING ANY ADVERTISEMENTS RENDERED THROUGH YOUTUBE'S VIDEOS OR ANY GOODS OR SERVICES IDENTIFIED VIA THE SEARCH ENGINES UTILIZED BY THE SERVICE.
MUSIC VIDEO MACHINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
MUSIC VIDEO MACHINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSIC VIDEO MACHINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation of Liability
YOU ASSUME AND RETAIN THE ENTIRE RISK ARISING OUT OF USE AND/OR PERFORMANCE OF THE SERVICE. IN NO EVENT SHALL MUSIC VIDEO MACHINE OR IT'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION - DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THESE TERMS OF SERVICE, OR THE USE OF, OR INABILITY TO USE, ANY SERVICE, EVEN IF MUSIC VIDEO MACHINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MUSIC VIDEO MACHINE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT MUSIC VIDEO MACHINE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, you agree to indemnify and hold Music Video Machine or its officers, directors, employees, and agents parent or affiliated entities and its licensor(s) harmless from any claim or demand, damages, obligations, losses, liabilities, costs or debt, and expenses, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, your use, access and/or abuse of the Service, or your violation of any law, regulation or third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Where Music Video Machine has provided you with a translation of the English language version of the Terms of Service, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Service will govern your relationship with Music Video Machine.
If there is any contradiction between what the English language version of the Terms of Service says and what a translation says, then the English language version shall take precedence.
16. Governing Law
These Terms of Service shall be governed by the laws of the State of Florida, United States of America, without regard to or application of any choice of law or conflict of law provisions. You consent to the exclusive jurisdiction and venue of the state and federal courts sitting in West Palm Beach, Florida and waive any objection as to inconvenient forum.
In the event of litigation, as defined by the filing of a legal complaint in any forum or jurisdiction arising out of the Service, or these Terms of Service, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
No delay or failure to take action under these Terms of Service shall constitute any waiver by Music Video Machine of any provision of these Terms of Service.
If any provision of these Terms of Service is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms of Service will bind and inure to the benefit of each party's permitted successors and assigns. Music Video Machine may assign this agreement as it deems appropriate for any reason at any time. These Terms of Service are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate them shall be null and void. These Terms of Service constitutes the complete and exclusive agreement between Music Video Machine and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
If you have questions about the Terms of Service or would like to make a complaint, please Contact Us.