The Service includes all aspects of TempoTrader, including but not limited to all products, software and services offered via the TempoTrader website and features such as the TempoTrader Wallet, TempoTrader Marketplace, TempoTrader Newsfeed, TempoTrader Dashboard, and TempoTrader Portfolio. TempoTrader reserves the right to add and remove features to and from the Service or to discontinue the Service in its entirety at any time. The Service may contain links to third party websites that are not owned or controlled by TempoTrader. TempoTrader has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, TempoTrader will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly relieve TempoTrader from any and all liability arising from your use of any third-party website.
You are entirely responsible for the content of, and any harm resulting from, your posting or contributions of content to TempoTrader. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. When you create or make available Content, you thereby represent and warrant that:
You are prohibited from registering and/or using a username which is or includes material that:
Your password protects your user account and you are solely responsible for keeping your password confidential and secure. You are solely responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, you must notify us immediately and change your password as soon as possible. Failure to abide by the terms of this Section may result in the termination or suspension of your account.
Only an authorized representative of a musician, band, organization, entity, or public figure may administer an account for that musician, band, organization, entity, or public figure.
You shall have no ownership or other property interest in any user account or musician account created through use of the Service. All rights in and to such accounts are and shall forever be owned by and inure to the benefit of TempoTrader.
A “Tempo” is a tradable subscription issued by a musician through the Service that grants the licensee of the Tempo access to content created by the issuing musician. TempoTrader owns, has licensed, or otherwise has exclusive rights to all of the Tempos that are issued through the Service. You agree that you have no right or title in or to any Tempo, including without limitation the virtual goods, content or currency appearing or originating in the Service. Tempos cannot be Transferred outside of the Service. A Transfer means any sale, gift or trade for anything of value outside of the Service (“Transfer”). TempoTrader does not recognize any purported Transfers of Tempos executed outside of the Service and accordingly, any Tempo that is purportedly Transferred is void.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
As a TempoTrader account holder you may submit Content to the Service, including but not limited to audio tracks and comments. TempoTrader does not guarantee any confidentiality with respect to any of the Content you submit.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TempoTrader all of the license rights granted herein.
TempoTrader does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and TempoTrader expressly disclaims any and all liability in connection with Content. TempoTrader reserves the right to remove content without prior notice.
TempoTrader respects the intellectual property rights of others and expects its users to do the same. TempoTrader will terminate the account and access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content on the Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, TempoTrader may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TempoTrader’s sole discretion.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEMPOTRADER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TEMPOTRADER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, AND/OR (VI) 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 SERVICE. TEMPOTRADER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TEMPOTRADER 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.
THE LIMITATION OF LIABILITY OF TEMPOTRADER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE THE GREATER OF $10.00 USD OR THE AMOUNT PAID TO TEMPOTRADER FOR SERVICES PROVIDED DURING THE PRECEDING 12 MONTHS. THIS LIMIATION OF LIABILITY SHALL APPLY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TEMPOTRADER SHALL NOT BE LIABLE FOR 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.
The Service is controlled and offered by TempoTrader from its facilities in the United States of America. TempoTrader makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.