MP3 4U
Terms Of Use Agreement

Last Updated on 4/01/2006

Our websites - muzic.com, MP34U.com, and mp3jackpot.com - form an online music network for music lovers to discover, distribute, promote, and share music. The service is operated by MADE4U, Inc., ("MADE4U"). By using the muzic.com, MP34U.com, and mp3jackpot.com Websites (the "Websites") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Websites' user services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Member Registration process.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by MADE4U at any time and without prior notice, such modifications to be effective upon posting by MADE4U on the Websites. This Agreement includes our acceptable use policy for content posted on the Websites, our Privacy Policy, and any notices regarding the Websites.

MADE4U reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Websites and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility. Membership in the Service is void where prohibited. You must be 14 or over to register as a member or use the Websites. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. By using the Websites, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term. This Agreement will remain in full force and effect while you use the Websites and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in the Account Info section of the muzic.com website. MADE4U may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.

Non Commercial Use by Members. The Websites are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MADE4U. Illegal and/or unauthorized use of the Websites, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by MADE4U for any illegal or unauthorized use of the Website.

Content. You are fully responsible for any content you post on the Service, including, but not limited to, photos, personal profile(s), songcards, message boards, listings, events, testimonials, private email messages - and the consequences of any such content.

You understand and agree that MADE4U may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.

Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:

  • Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
  • Displays sexually explicit material of any kind in an area that is not categorized for Mature Content
  • Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
  • Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
  • Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
  • Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
  • Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Service
  • Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without MADE4U prior consent
  • Contains personally identifiable information about another member that is published without their express consent
  • Contains material originally posted by another member that is reposted without permission or attribution
  • Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
  • Has misleading email addresses or other manipulated identifiers to disguise its origin

Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Websites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MADE4U's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, MADE4U, Inc. 2245 5th Street, Berkeley, CA 94710.

Member Disputes. You are solely responsible for your interactions with other muzic.com, MP34U.com, and mp3jackpot.com Members. MADE4U reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy.

Disclaimers. MADE4U is not responsible for any incorrect or inaccurate Content posted on the Websites or in connection with the Service provided, whether caused by users of the Websites, Members or by any of the equipment or programming associated with or utilized in the Service. MADE4U is not responsible for the conduct, whether online or offline, of any user of the Websites or Member of the Service. MADE4U 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 or Member communication. MADE4U is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Websites or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Websites and/or in connection with the Service. Under no circumstances shall MADE4U be responsible for any loss or damage, including personal injury or death, resulting from use of the Websites or the Service or from any Content posted on the Websites or transmitted to Members, or any interactions between users of the Websites, whether online or offline. The Websites and the Service are provided "AS-IS" and MADE4U expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MADE4U cannot guarantee and does not promise any specific results from use of the Websites and/or the Service.

LIMITATION OF LIABILITY. IN NO EVENT SHALL MADE4U, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF MADE4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER MADE4U SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD MADE4U HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST TRIBE NETWORKS, INC. ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.

Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Berkeley.

Other. This Agreement, accepted upon use of the Websites and further affirmed by becoming a Member of the Service, contains the entire agreement between you and MADE4U regarding the use of the Websites and/or the Service. The failure of MADE4U to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this agreement.

If you are exposed to material on this site that violates these Terms, you waive your right to any damages related to such exposure. Such material should be immediately reported to: abuse@muzic.com.