What is MusicTeam? MusicTeam is a web application for music creators, content owners, and music industry professionals that helps document individual creative contributions, copyright and cultural metadata, recordings and works, and copyright ownership, while connecting users to global creative communities, publishing and distribution. It facilitates timely, accurate and recurring payments to all music rights holders by third party services and collective rights associations and organizations and increases transparency, fairness and productivity (all the above herein referred to as the “MusicTeam app”, “MusicTeam.com” or the “Site”).
Who is MusicTeam? The MusicTeam app is owned and provided by Mignault Holding Inc. d.b.a MusicTeam, of 922-1000 de la Commune East street, Montreal, Quebec, Canada, H2L 5C1, (known here as MusicTeam, we, us, our, etc). Services offered by MusicTeam shall include MusicTeam.com, the Site, the online services and functionalities offered by the MusicTeam Site and MusicTeam app, any and all professional or consulting services offered by or through the Site and all ancillary services, all as offered by MusicTeam or its subsidiaries, affiliates or related parties and their respective officers, agents, employees, along with any and all their partners (collectively, the “MusicTeam Services”).
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the MusicTeam Services (or any portion thereof).
Fees and Payments
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the MusicTeam Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the MusicTeam Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD or CAD.
MusicTeam does not claim ownership in the materials you post to MusicTeam.com, the Site and/or in conjunction with the MusicTeam Services. Such materials include written text, files, images, photos, videos, songs, lyrics, poetry, sounds, musical works, works of authorship, graphics, genres, splits, ownership splits, identifiable numbers, identifiable codes, songwriter name, personal identifiable information, copyright registration information, affiliated companies or individuals, rights holder, administrator, publisher, or any other materials (collectively, “Content”) that you display, upload, transfer, publish, or post to MusicTeam.com.
By displaying, uploading, transferring, or publishing (“posting”) any Content on or through the MusicTeam Services, you hereby grant to MusicTeam a license to use, modify, format, stream, transmit, beam, store, publicly perform, publicly display, adapt, translate, create derivative works, reproduce, and distribute such Content, in any format, whether known or unknown, through the MusicTeam Services, including the limited right to use your likeness, persona, logo, trademark, and right(s) of publicity on and through the MusicTeam Services. You expressly agree that this license is needed to provide the MusicTeam Services. The license you grant to MusicTeam is non-exclusive, fully-paid and royalty-free (meaning that MusicTeam is not required to pay you for the use on the MusicTeam Services of the Content that you post), sub-licensable, and worldwide (because the Internet and the MusicTeam Services are global in reach). This license will terminate upon formal written notice to MusicTeam of termination of said license. Subject to termination of said license, MusicTeam maintains the unlimited, royalty-free, perpetual right to store, license, use, and transfer any non-copyrightable factual information submitted by User, such as, but not limited to, ownership information, song title, ownership splits, hashtag and genre information, publishing ownership information, and/or any other information submitted by User that is publicly available.
You represent and warrant that: (i) you own the Content posted by you on or through the MusicTeam Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MusicTeam Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or business. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through the MusicTeam Services. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell ANY Content appearing on or through the MusicTeam Services. You represent and warrant that the Content submitted by you is accurate, up-to-date, and reliable. You understand and acknowledge that MusicTeam is not responsible for the quality, accuracy, and reliability of the Content.
Unless otherwise indicated, the MusicTeam Services include Content of Musicteam.com and the MusicTeam app (“MusicTeam Content”). MusicTeam Content is protected by copyright, trademark, trade secret and other intellectual property laws, and MusicTeam owns and retains all rights in the MusicTeam Content and the MusicTeam Services. MusicTeam grants you a limited, revocable, non sub-licensable license to reproduce and display the MusicTeam Content (excluding any software code) solely for your personal or business use in connection with viewing the MusicTeam Site and using the MusicTeam Services.
MusicTeam may delete any Content for any reason at any time. MusicTeam does not monitor content, and we assume no responsibility for monitoring the Site or MusicTeam Services for inappropriate Content or conduct. If MusicTeam chooses, in its sole discretion, to monitor the Site or the MusicTeam Services, it nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Content is not normally reviewed by MusicTeam prior to posting and does not necessarily reflect the opinions or policies of MusicTeam. MusicTeam makes no warranties, express or implied, as to the Content or to the accuracy, quality, and reliability of the Content or any material or information that you submit through the Site or the MusicTeam Services and/or transmit to other Users or third party services.
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the MusicTeam Services in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) transmitting spam, or other unsolicited promotions, advertisements, and/or communications;
(iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the MusicTeam Services;
(iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(v) uploading invalid data, viruses, worms, or other software agents through the MusicTeam Services;
(vi) collecting or harvesting any personally identifiable information, including account names, from the MusicTeam Services without the express written permission from us;
(vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(viii) interfering with the proper working of the MusicTeam Services;
(ix) accessing any content on the MusicTeam Services through any technology or means other than those provided or authorized by the MusicTeam Services;
(x) bypassing the measures we may use to prevent or restrict access to the MusicTeam Services, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the MusicTeam Services or the content therein;
(xi) Reverse engineering any aspect of the MusicTeam Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the MusicTeam Services;
(xii) Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the MusicTeam Services that you are not authorized to access;
(xiii) Develop any third-party applications that interact with Content or the MusicTeam Services without our prior written consent; or
(xiv) Accessing the MusicTeam API without the express and written authorization of MusicTeam or through an unauthorized third-party client.
Term & Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The Site and the MusicTeam Services are provided “AS-IS” and MusicTeam or any of the Exempted Parties expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MusicTeam or any of the Exempted Parties cannot guarantee and does not promise any specific results from use of the Site and the MusicTeam Services. MusicTeam or any of the Exempted Parties is not responsible for any incorrect or inaccurate Content posted on the MusicTeam Site or in connection with the MusicTeam Services, whether caused by Users of the Site or the MusicTeam Services or by any of the services, equipment or programming associated with or utilized in the Site or the MusicTeam Services. MusicTeam or any of the Exempted Parties is not responsible for any damage in any way related to an alteration and/or change in the Site or the MusicTeam Services, including, but not limited to, software, API, and/or intellectual property. Some User profiles can contain links to other websites; MusicTeam or any of the Exempted Parties is not responsible for the Content, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Site or the MusicTeam Services does not imply approval or endorsement of the linked website by MusicTeam or any of the Exempted Parties. When you access these third-party sites, you do so at your own risk. MusicTeam or any of the Exempted Parties takes no responsibility for third party advertisements which are posted on the Site or through the MusicTeam Services, nor does it take any responsibility for the goods or services provided by its advertisers. MusicTeam or any of the Exempted Parties assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. MusicTeam or any of the Exempted Parties is not responsible for any electronic or technical malfunction related to the Site or the MusicTeam Services, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site or the MusicTeam Services. Under no circumstances shall MusicTeam or any of the Exempted Parties be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or MusicTeam Services, attendance at a MusicTeam or any of the Exempted Parties’ event, from any Content posted on or through the Site or the MusicTeam Services, or from the conduct of any Users of the Site or the MusicTeam Services, whether online or offline. You understand that MusicTeam or any of the Exempted Parties cannot and does not guarantee or warrant that files available for downloading, uploading, and/or viewing on the Site or the MusicTeam Services will be free of viruses, worms, Trojan horses or other code that may contain contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy particular requirements for accuracy of data input and output, and for maintaining a means external to the Site or the MusicTeam Services for any reconstruction of any lost data. You will be solely responsible for the security of your password and the private settings related to Content.
Limitation on Liability
IN NO EVENT SHALL MUSICTEAM OR ANY OF THE EXEMPTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MUSICTEAM SERVICES, EVEN IF MUSICTEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUSICTEAM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUSICTEAM FOR THE SITE OR MUSICTEAM SERVICES DURING THE TERM OF YOUR USE OF THE SITE OR THE MUSCITEAM SERVICES.
If there is any dispute about or involving Site or the MusicTeam Services, you agree that the dispute shall be governed by the laws of Quebec, Canada, without regard to conflict of law provisions and you agree to EXCLUSIVE personal jurisdiction and venue in Montreal, Quebec, Canada. If an action is brought to enforce the terms of this Agreement, then the prevailing party in that action shall be entitled to recover its costs and attorneys’ fees and costs in that action.
You agree to indemnify and hold MusicTeam or its subsidiaries, affiliates or related parties and their respective officers, agents, employees, along with any and all their partners ( collectively the “Exempted Parties”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the MusicTeam Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MusicTeam Site or through the MusicTeam Services causes MusicTeam to be liable to another party.
You hereby agree to opt-in to receive email notifications from MusicTeam, which are necessary for MusicTeam to deliver their Services. Email messages that will communicate new features and related marketing messages can be opted out at your discretion when you sign up.
This Agreement is accepted upon your use of the MusicTeam Site, or any of the MusicTeam Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and MusicTeam regarding the use of the Site or the MusicTeam Services. The failure of MusicTeam to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.