Terms and Conditions

Terms and Conditions were last updated on 02/10/2012

The terms and conditions set out below (“Terms and Conditions”) are an agreement between you and Missing Link Music, LLC (“Missing Link Music”). The Terms and Conditions govern the access and use of the Internet web site www.missinglinkmusic.com (the “Site”) as well as any applicable laws, statutes, ordinances and regulations. By accessing and using the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. The most current version of these Terms and Conditions will govern your use. Please check the date of this documents (appears at top right) and review any changes and/or modifications. We reserve the right, at our sole discretion, to terminate and/or deny access to the Site to any one, for any reason, without notice. You further agree that Missing Link Music shall not be liable to you or to any other person as a result of any such termination or access denial.

Privacy Policy

Missing Link cares about your privacy and is committed to protecting the privacy of the users of our Site. For information on how information is collected, used or disclosed by Missing Link Music in connections with your use of the Site, please consult our Privacy Policy.

Age Requirement for use of this Site

Missing Link Music strives to comply with the Children’s Online Privacy Protection Act (“COPPA”). Accordingly, this Site is not intended for use by persons under 18 years of age. Visitors must be 18 years old or older to access or otherwise use the Site and related services. Additionally, Missing Link Music is committed to protecting children’s privacy and does not knowingly collect personal information from children under 13 years of age without appropriate parental notice and consent.

NOTICE: Visit www.ftc.gov/kidzprivacy and/or http://www.coppa.org/comply.htm for more information about protecting children’s privacy online.

Copyright and Trademark Rights

The materials located on this Site, including, without limitation, trade marks (whether registered or unregistered), trade names, service marks, text, graphics, and all audible, visual, and downloadable material, as well as the selection, organization, coordination, compilation, and overall look and feel of the Site (collectively, the “Content”) are the property of Missing Link Music or it’s licensors or designees and are protected by all applicable Federal, State laws as well as the applicable laws of jurisdictions outside the United States. All right, title, and interest in and to the Content are owned, licensed, and or controlled by Missing Link Music, our licensors or designees. You agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site may be used by us in any manner. We reserve all rights not expressly granted in and to the Site and Content.

Links to Other Web Sites

The Site may contain links to web sites operated by other people and/or companies. Please be advised that Missing Link Music is not responsible for the content, functionality, or privacy practices of those web sites.

Submissions/Unsolicited Materials

Any information provided through this Site to Missing Link Music, other than your personal information and aggregate information covered by our Privacy Policy, will be deemed to be non-confidential and non-proprietary. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.

Disclaimer of Warranties

THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, USER SUBMISSIONS, TEXT AND GRAPHIC LINKS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERUPTED ACCESS, ANY WARRATIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERHCANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES THAT THE SITE WILL MEET USERS’ REQUIREMENTS.

MISSING LINK MUSIC AND OUR OFFICERS, DIRECTORS, CONSULTANTS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRATNIES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION FO CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, MISSING LINK MUSIC AND OUR OFFICERS, DIRECTORS, CONSULTANTS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE FOR ANY REASON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

IN NO EVENT SHALL MISSING LINK MUSIC AND OUR OFFICERS, DIRECTORS, CONSULTANTS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH AN ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL MISSING LINK MUSIC AND OUR OFFICERS, DIRECTORS, CONSULTANTS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF MISSING LINK MUSIC AND OUR OFFICERS, DIRECTORS, CONSULTANTS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $15.00.

Indemnification

You agree to indemnify, defend and hold harmless Missing Link Music and our officers, directors, consultants, employees, affiliates, agents, licensors and suppliers, both past and present, from and against any suit, claim, liability, proceeding, loss, or costs and expenses (including attorney fees) arising out of your use of, or activities in connection with the Site or any violation of these Terms and Conditions by you.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Miscellaneous

These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer/employee, agency or franchisor/franchisee relationship between you and Missing Link Music. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Missing Link Music will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Missing Link Music control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Governing Law

The validity, interpretation and legal effect of these Terms and Conditions shall be governed by the laws of the State of New Jersey. The state and federal New Jersey courts shall have sole jurisdiction of any controversies regarding the Terms and Conditions. You expressly consent and agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of New Jersey. The parties hereby waive any and all rights to a trial by jury. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effects to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you with respect to the Site, the Privacy Policy, or any Content or related services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred.

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