Legal

TERMS AND CONDITIONS OF USE

Portable Musician, Inc. (“Owner”) makes PortableMusician.com and the content, functionality, and all other features of PortableMusician.com (collectively, the “Site”) available to you under the terms and conditions set forth herein and in all other associated operating rules and policies (collectively, the “Terms”). If you visit or otherwise use the Site, you accept the Terms, whether or not you have read the Terms, so please read the Terms carefully.

Any Non-Human Visitors (defined below) to the Site shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. By causing such Non-Human Visitors to access the Site, such individual(s) agree that such individuals are responsible for the actions of such Non-Human Visitors in the same manner as if such individual(s) personally visited the Site.

The access rights granted to you under the Terms are non-transferable without the express written permission of the Owner. You are responsible for the actions of any other person of entity who may utilize your access rights to the Site.

INTRODUCTION

The Terms govern all use of the Site.  The Site is offered subject to your acceptance without modification of the Terms.

Please read the Terms carefully before accessing or otherwise using the Site. By accessing or otherwise using any part of the Site, you agree that you are bound by the Terms. If you do not agree to the Terms, then you may not access or otherwise use the Site. If the Terms are considered an offer by the Owner, acceptance is expressly limited to the Terms.

PRIVACY

The Owner may collect information from you when you register on the Site, submit content, submit an article, complete a review, complete a survey, or enter a contest sponsored by the Site. When registering on the Site, you may be asked to enter your name, e-mail address and other personal information. You may, however, visit the Site anonymously.

The Owner may access information about you from third-party sources and platforms (such as social networking sites, databases, online marketing firms, and ad targeting firms), including:

  • if you access third-party social networking services (such as Facebook Connect or Twitter) through the Site, your username and connection lists for those services;
  • demographic data, such as age range, gender, and interests;
  • advertisement interaction and viewing data, such as ad click-through rates and information about how many times you viewed a particular ad; and
  • unique identifiers, including mobile device identification numbers, that can identify the physical location of such devices in accordance with applicable law.

Please note that the Site may combine the information that the Owner collects with information the Owner obtains from third-party sources.

Any of the information the Owner collects from you may be used in one of the following ways:

  • To personalize your experience (your information helps the Owner to better respond to your individual needs)
  • To administer a contest, promotion, survey or other site feature; and
  • To send periodic emails.

The email address you provide may be used to send you information and updates pertaining to your account, in addition to receiving occasional company news, updates, and related product or service information, etc.

The Owner implements a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

The Site uses cookies, which are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow it to do so) that enables the sites’ or service providers’ systems to recognize your browser and capture and remember certain information.  The Site uses cookies to help the Site understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about Site traffic and Site interaction so that the Owner can offer better Site experiences and tools in the future. The Owner may contract with third-party service providers to assist the Owner in better understanding the Site visitors. These service providers are not permitted to use the information collected on the Owner’s behalf except to help the Owner conduct and improve the Owner’s business.

In addition, Google, as a third party vendor, uses cookies to serve ads on the Site.  Google’s use of the DART cookie enables it to serve ads to users based on their visit to the Site and other sites on the Internet.

The Owner does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist the Owner in operating the Site or otherwise conducting the Owner’s business, so long as those parties agree to keep this information confidential. The Owner may also release your information when we believe release is appropriate to comply with the law, enforce the Terms, or protect the Owner’s or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Occasionally, at the Owner’s discretion, the Owner may include or offer third party products or services on the Site. These third party sites have separate and independent privacy policies. The Owner therefore has no responsibility or liability for the content and activities of these linked sites. Nonetheless, the Owner seeks to protect the integrity of the Site and welcomes any feedback about these sites.

Because the Owner values your privacy, the Owner has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. The Owner therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of the Site may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page.

The Owner is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), and therefore does not collect any information from anyone under 13 years of age. The Site is directed to people who are at least 13 years old.

These privacy terms apply only to information collected through the Site and not to information collected offline.

AGE RESTRICTION

The Site is available only to individuals who are at least 13 years old. If you are not at least 13 years old, you must stop using the Site immediately or else provide the Owner with written parental approval.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails, text messages, or other electronic messages to the Site, the Owner, or any of the Owner’s representatives, you are communicating with the Owner electronically. You consent to receive communications from the Owner electronically. The Owner will communicate with you by e-mail, text message, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that the Owner provides to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND ACCESS

The Owner grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Owner. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings or descriptions; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner without express written consent of the Owner. You may not use any meta tags or any other "hidden text" utilizing the Owner’s name or trademarks without the express written consent of the Owner. Any unauthorized use terminates the permission or license granted by the Owner. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Owner, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Owner logo or other proprietary graphic or trademark as part of the link without express written permission.

SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS

A special restriction on a visitor's license to access or otherwise use the Site applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Site automatically in whole or in part.

Email addresses on the Site are considered proprietary intellectual property. These email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Site contains has a value not less than US $100. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Site’s email addresses is recognized as a violation of these Terms and expressly prohibited.

OWNERSHIP AND INTELLECTUAL PROPERTY

You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Site, whether modified or unmodified. The Site is the property of the Owner. The Site is provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall the Owner be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use the Site. These terms do not transfer from the Owner to you any Owner or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Owner. The Owner, the Site domain, the Site logo, and all other trademarks, service marks, graphics and logos used in connection with the Owner, or the Site are trademarks or registered trademarks of the Owner. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Owner or third-party trademarks.

COPYRIGHT

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Owner and protected by U.S. and international copyright laws. All software used on the Site is the property of the Owner or its software suppliers and protected by United States and international copyright laws.

COPYRIGHT INFRINGEMENT AND DMCA POLICY

As the Owner asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify the Owner. The Owner will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Owner or others, the Owner may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, the Owner will have no obligation to provide a refund of any amounts previously paid to the Owner.

TRADEMARKS

All Owner graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of the Owner in the U.S. and/or other countries. The Owner’s trademarks and trade dress may not be used in connection with any product or service that is not the Owner’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Owner. All other trademarks not owned by the Owner that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Owner.

PATENTS

One or more patents may apply to the Site and to the features and services accessible via the Site. Portions of the Site may operate under license of one or more patents.

ACCOUNTS

If you register with the Site, you are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer and other devices, and you are fully responsible for all activities that occur under your account or password and any other actions taken under your account or password in connection with the Site. You are not permitted to provide content that is inappropriate or unlawful, and the Owner may change or remove any content that it considers inappropriate or unlawful, or otherwise has the potential to cause the Owner to be positioned for possible liability. You must immediately notify the Owner of any unauthorized uses of your account or any other breaches of security. The Owner will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Owner reserves the right to cancel your account at any time without notice in its sole discretion.

REVIEWS, SUBMISSIONS, COMMENTS, COMMUNICATIONS, CONTRIBUTIONS, AND OTHER CONTENT

You may post reviews, comments, photos, and other content to the Site; send electronic and other communications via the Site; and submit suggestions, ideas, comments, questions, or other information to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Owner reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Accordingly, if you operate an account on the Site, comment on the Site, post material to the Site, post links to the Site, submit content to the Site, submit an article to the Site, submit a review to the Site, complete a survey on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Owner or otherwise.

By submitting Content to the Site, you grant the Owner a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sublicenseable, license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media; provided however, that such license shall be exclusive for any and all submitted reviews. You grant the Owner and its sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Owner for all claims resulting from Content you supply. The Owner has the right but not the obligation to monitor and edit or remove any activity or content. The Owner takes no responsibility and assumes no liability for any Content posted by you or any third party.

Without limiting any of its representations or warranties, the Owner has the right (though not the obligation) to, in the Owner’s sole discretion, (i) refuse or remove any content that, in the Owner’s reasonable opinion, violates any of the Terms or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in the Owner’s sole discretion. The Owner will have no obligation to provide a refund of any amounts previously paid.

FEES AND PAYMENTS

Optional paid services may be available on the Site. By selecting a paid service you agree to pay the Owner the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for a monthly or annual period as indicated. Paid service fees are not refundable.

RESPONSIBILITY OF VISITORS

The Owner has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material's content, use or effects. By operating the Site, the Owner does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such content to the Owner. In the same way, anyone who discovers content on the Site that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to the Owner. The Owner disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.

CONTENT POSTED ON OTHER WEBSITES

The Owner has not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Site links, and that link to the Site. The Owner does not have any control over those non-Site websites, and is not responsible for their contents or their use. By linking to a non-Site website, the Owner does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Owner disclaims any responsibility for any harm resulting from your use of non-Site websites.

OTHER BUSINESSES

Parties other than the Owner may advertise or provide services, or advertise or sell product lines through the Site. In addition, the Site provides links to the sites of affiliated companies and certain other businesses. The Owner is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their or any other sites. The Owner does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

CHANGES

The Owner reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes. The Owner may also, in the future, offer new services and/or features through the Site (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the Terms as modified at any time and/or from time to time.

TERMINATION

The Owner may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to no longer agree to the Term, or if you wish to terminate your Site account (if you have one), you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by the Owner if you materially breach the Terms and fail to cure such breach within thirty (30) days from the Owner’s notice to you thereof; provided that, the Owner can terminate the Site immediately as part of a general shut down of the Site or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of the Terms. Upon termination, all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE (COLLECTIVELY, HEREINAFTER, “MATERIALS”) ARE PROVIDED ‘AS IS’. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR OTHERWISE RELATING TO THE MATERIALS OR ON ANY SITES LINKED TO THE SITE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER DOES NOT WARRANT THAT THE SITE, THE MATERIALS, THE SITE SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITE OR THE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT WILL THE OWNER, OR ITS SUPPLIERS OR LICENSORS, OR ANY INDIVIDUALS ASSOCIATED WITH THOSE ENTITIES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE OWNER UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE OWNER SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (i) your use of the Site will be in strict accordance with the Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

INDEMNIFICATION

You agree to indemnify and hold harmless the Owner, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Site, including but not limited to out of your violation of the Terms.

APPLICABLE LAW AND JURISDICTION

You agree that any suit, action or proceeding brought by you against the Owner in connection with or arising from the Terms ("Judicial Action") shall be governed by the law of the state of New Jersey (the “Owner State”) as such laws are applied to agreements between Owner States residents entered into and performed entirely within the Owner States. You consent to the jurisdiction of federal and state courts within the Owner State. You consent to the venue in any action brought against the Owner in connection with breaches of these Terms. You consent to electronic service of process regarding actions under the Terms.

RECORDS OF VISITOR USE AND ABUSE

You consent to having your internet protocol (“IP”) address recorded. An email address may appear immediately below (the “Identifier”) if the Owner suspects potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

SITE TERMS MODIFICATIONS

The Owner may revise these Terms at any time without notice. By using the Site you are agreeing to be bound by the then current version of these Terms.

CONTACT

If there are any questions regarding these Terms, you may contact us using the information below.

privacy@portablemusician.com

244 Fifth Avenue, Suite 1585

New York, NY 10001

United States of America

 


About the Author