My Media Spaces Terms of Service

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE Mymediaspaces SERVICES.

INTRODUCTION

Mymediaspaces LLC ("Mymediaspaces ", "we,'' "our" or "us") operates Mymediaspaces ®, a place where people come to connect, discover, and share. Showcasing artists and their work, Mymediaspaces gives people access to a massive digital music library. With roots in music and social, the platform is built to empower all artists—from musicians and designers to writers and photographers—helping them connect with audiences, collaborators, and partners to achieve their goals. Through an open design, compelling editorial features, and analytics-based recommendations, Mymediaspaces fosters a creative community of people who connect around mutual affinity and inspiration for the purpose of shaping, sharing, and discovering what’s next.

The services offered by Mymediaspaces include (i) those offered on any Mymediaspaces -branded URL, including mymediaspaces.yooco.org (the "Mymediaspaces Website"), (ii) Mymediaspaces music and video services, (iii) Mymediaspaces developer services, (iv) Mymediaspaces mobile services, (v) Mymediaspaces advertising services, and (vi) any other features, content, or applications offered or operated from time to time by Mymediaspaces in connection with Mymediaspaces 'a business, including when Mymediaspaces is accessed via the internet, mobile device, television or other device (collectively, "Mymediaspaces Services"). The Mymediaspaces Services are hosted in the United States, and if you reside outside of the United States by using the Services you consent to the transfer of your personal data to the United States and elsewhere for all purposes identified in our Privacy Notice and/or Policy. If you do not agree to this international transfer of data, then you must refrain from using the Mymediaspaces Services. For more information, please see our Privacy Notice and Privacy Policy. The Mymediaspaces

This Agreement constitutes legally binding terms and applies to such use of the Mymediaspaces Services regardless of the type of device used to access them (“Device”) unless such services post a different terms of use or end user license agreement, in which case that agreement (“Other Terms”) shall instead govern. By accessing and/or using any of the Mymediaspaces Services, you agree to be bound by this Agreement (or if applicable, the Other Terms), whether you are a “Visitor” (which means that you simply browse the Mymediaspaces Services, including, without limitation, through a mobile or other wireless Device, or otherwise use the Mymediaspaces Services without being registered) or you are a “Member” (which means that you have registered with Mymediaspaces ). The term “User” refers to a Visitor or a Member. You are authorized to use the Mymediaspaces Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Mymediaspaces Services, you must indicate your acceptance of this Agreement during the registration process. Thereafter, you may create your account (your “Account”), and its associated profile(s) (each a “Profile”) in accordance with the terms herein.

In some instances, both this Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Mymediaspaces Services or to a service or product offered via the Mymediaspaces Services (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Mymediaspaces Services’ Privacy Policy, , Video Privacy Policy, and Cookie Policy, which you accept by using the Mymediaspaces Services.

INFORMATION OR COMPLAINTS CONTACT DETAILS

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the Mymediaspaces Website, or in another reasonable manner; and (2) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your Profile Settings.

If you would like to contact us for any further information or to make a complaint, please contact us at the Help Site.

SUMMARY OF KEY TERMS

It’s important that you read this entire Agreement; but, here are some of the more significant terms that we want to bring to your attention:

Each time you use the Mymediaspaces Services, the posted version of this Agreement (or Other Agreement) and any Additional Terms (defined below) apply to such use so you should check for any updates.

Mymediaspaces may terminate the Mymediaspaces Services and/or your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability, except that you may have certain refund rights related to paid Mymediaspaces Services. (Sections 2 and 3)
You consent to our privacy practices and related cookie practices as set forth in our Privacy Policy, Video Privacy Policy And Cookie Policy. This includes sharing of certain information about you with our Viant-affiliate companies and others, and for users who reside outside of the European Economic Area (“EEA”), includes for targeted, interest based advertising. Many of your activities on the Mymediaspaces Services may be viewable or shared with other Users and the general public, including when you interact with brands and ads. (Section 7.3)
You may only use the Mymediaspaces Content on the Mymediaspaces Services in connection with your permitted activities on the Mymediaspaces Services - and not in an offline environment or in connection with another website. (Section 6.6)
Mymediaspaces is providing the Mymediaspaces Services to you on an “as-is” basis, without any warranty of any kind, and Mymediaspaces ' liability to you in connection with your use of the Mymediaspaces Services is very limited. Many other limitations and disclaimers relate to your use of the Mymediaspaces Services. (Sections 14 and 15)
By using the Mymediaspaces Services, you grant us broad rights to use, exploit and disclose Content you post or make available via the Mymediaspaces Services, your profile and activity information, and your name, persona and likeness, as more fully explained below. You will not be entitled to compensation or attribution even if we or others profit from such use. (Section 6)Depending upon where you access the Mymediaspaces Services, many types of disputes that may arise in connection with your access to and use of the Mymediaspaces Services are subject to mandatory arbitration, which includes your waiver of a right to a jury trial, and a class action waiver. (Section 17).
These Terms of Use, and your use of the Mymediaspaces Services, are governed by Nebraska Law and any legal proceedings not subject to mandatory arbitration must be brought in state.

LINKABLE TABLE OF CONTENTS

It is important that you read and understand the entire Agreement before using the Mymediaspaces Services. However, this table of contents, and the summaries that follow each heading, further highlights key issues and points. You can click on the headings and links to be taken to the full explanation.

AGREEMENT

Eligibility
Use of the Mymediaspaces Services and registration to be a Member for the Mymediaspaces Services (“Membership”) is void where prohibited and subject to compliance with Applicable Law, this Agreement and any applicable Additional Terms. By using the Mymediaspaces Services, you represent and warrant that (a) other than as authorized in the Non-Standard Profile terms in Section 9 below, all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) for Users who reside outside of the EEA, if you are 13 years of age or older but not of the age of majority where you reside, you will only use the Mymediaspaces Services with parental or legal guardian consent (following their review of this Agreement); and (d) your use of the Mymediaspaces Services does not violate any Applicable Law. You may not create an Account for anyone other than yourself without the other person’s permission. Your Account will be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful. Registered sex offenders and those convicted of violent crimes are not eligible for Membership. As a result of recent changes to the European Data Protection Laws, we are no longer able to offer Memberships to Users under 16 years of age who reside in the EEA.
Term, Terms and Termination
PLEASE NOTE THAT THE TERMS OF THIS TERMS OF USE AGREEMENT ARE SUBJECT TO CHANGE BY Mymediaspaces IN ITS SOLE DISCRETION AT ANY TIME, AND WE MAY CEASE OFFERING THE Mymediaspaces SERVICES AT ANY TIME. When changes are made, Mymediaspaces will make a new copy of the Terms of Use Agreement available at the Mymediaspaces Website and any new terms will be made available from within, or through, the Mymediaspaces Website. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. If we make any material changes and you are a Member, we will also send an email to you at the last email address you provided to us in accordance with the Terms herein. Any changes to the Terms of Use Agreement will be effective immediately for new visitors of the Mymediaspaces Website and will be effective thirty (30) days after posting notice of such changes on the Mymediaspaces Website for existing Members, provided that any material changes shall be effective for Members upon the earlier of thirty (30) days after posting notice of such changes on the Mymediaspaces Website or thirty (30) days after dispatch of an e-mail notice of such changes to Members. Mymediaspaces may require you to provide consent to the updated Terms of Use Agreement in a specified manner before further use of the Mymediaspaces Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Mymediaspaces Services. Otherwise, your continued use of Mymediaspaces Services constitutes your acceptance of such change(s). The Mymediaspaces Services currently only support the MP4 media file format. We are not responsible for the ongoing integrity, accessibility, or usability of any uploaded files so please back up any data you upload to the Mymediaspaces Website.
You may terminate your Membership at any time, for any reason, by following the instructions in your Profile Settings (discussed further in Section 9). Mymediaspaces may terminate the Mymediaspaces Services and/or your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability, except that you may have certain refund rights as provided in the next section. Further, we may deny, restrict, suspend, or terminate your access to all or any part of the Mymediaspaces Services at any time, for any or no reason, with or without prior notice or explanation, and to the maximum extent permitted by applicable law, without liability, except that you may have certain refund rights as provided in the next section.
In addition, Mymediaspaces reserves the right, in its sole discretion, to reassign or rename your username and/or Profile URL and to allow indexing of such URL by third party search engines. Mymediaspaces expressly reserves the right to remove your Profile or Content, in whole or in part, and/or deny, restrict, suspend, or terminate your access to all or any part of the Mymediaspaces Services, if My Media Spaces determines, in its sole discretion, that you have violated this Agreement, are acting in a manner we deem inappropriate for the Mymediaspaces Services, or pose a threat to Mymediaspaces , its employees, business partners, Users and/or the public. Even after Membership is terminated, or you cease using the Mymediaspaces Services, some terms of your Agreement with Mymediaspaces will remain in effect, including, without limitation, Sections 5-23, except as may be mutually agreed (e.g., acceptance of Other Terms). Mymediaspaces also retains the right to delete your profile and any content therein if it remains inactive for two years or longer, but may elect to retain the information for a reasonable time thereafter in the event you decide to reactivate it.
Fees, Offers and Refunds
You acknowledge that Mymediaspaces reserves the right to charge for any portion of the Mymediaspaces Services and to change its fees (if any) from time to time in its discretion on a prospective basis. We may offer customer support services from time to time, but are not obligated to do so. Customer support representatives do not have the authority to bind us or to change or waive our rights under this Agreement or any Additional Terms.
Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Mymediaspaces immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
Use by Members
The Mymediaspaces Services are for the personal use of Members and Users and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Mymediaspaces . Notwithstanding the foregoing, Mymediaspaces permits artists (e.g., musicians, actors, comedians, etc.) to create Profiles and post Content that promote the artist’s or artists’ professional endeavors or commercial activities (to the extent that they are not competitive with the Mymediaspaces Services) and any such use of the Mymediaspaces Services for such purposes is not considered a commercial use of the Mymediaspaces services in violation of this Agreement. Mymediaspaces reserves the right to remove commercial content in its sole discretion. Without limiting the generality of the commercial use restrictions, the unauthorized collection of usernames, user id numbers or similar designation, and/or email addresses of Members by electronic or other means, or employing third party promotional sites or software to promote Profiles for money, is prohibited. Commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Profiles without notice or explanation and may result in termination of Membership privileges.
To maintain the Mymediaspaces Services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable law, Mymediaspaces may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content (as further defined below) posted (including, without limitation, private Mymediaspaces messages, public comments, public group chat messages, private group chat messages or private instant messages (collectively, “Messages”)) by you, and Mymediaspaces may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of Content venues in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or the Agreement or any applicable Additional Terms, including, without limitation, the Content restrictions set forth below in Section 8.
Proprietary Rights in Content on Mymediaspaces
1. Mymediaspaces does not claim any ownership rights in the text, Messages, files, images, photos, videos, sounds, musical works, sound recordings, works of authorship, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the Mymediaspaces Services. After posting your Content on, through or in connection with the Mymediaspaces Services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By posting any Content on, through or in connection with the Mymediaspaces Services, you hereby grant to Mymediaspaces a limited license to use, modify, delete from, add to, combine with other content, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such Content by all means and manners now or later known, including, without limitation, on, through or in connection with the Mymediaspaces Services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account at your election (collectively, “Linked Services”), including, without limitation, distributing part or all of the Mymediaspaces Services and any Content included therein, in any media formats and through any media channels. Content submitted by Users and authorized by the User to be distributed on Linked Services need not be maintained on the Mymediaspaces Services by us for any period of time, and Users will not have the right, once submitted, to access, archive, maintain or otherwise use such Content on the Mymediaspaces Services or elsewhere. The license you grant is perpetual; provided, however, that after you remove your Content from the Mymediaspaces Services, we will make commercially reasonable efforts to remove such specific deleted Content from further distribution on the Mymediaspaces Services, as soon as practicable but, please be aware that any distribution of your Content that may have occurred by you or other Users via Linked Services, or otherwise (e.g., posted on third party User’s Profiles, sent by you to other Users, contributed to a mashup of Content from multiple Users, etc.) may continue to be displayed, distributed and used. Further, deleted Content may persist in archival copies on Mymediaspaces servers for a reasonable period of time. You understand and agree that once Content is distributed to a Linked Service, or incorporated into other aspects of the Mymediaspaces Services (e.g., as part of a derivative work), Mymediaspaces is under no obligation to delete or ask other Users or a Linked Service to delete that Content; therefore, it may continue to appear and be used indefinitely.
2. The license you grant to Mymediaspaces is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mymediaspaces ), fully-paid and royalty-free (meaning that Mymediaspaces is not required to pay you or anyone else deriving rights from you for the use by Mymediaspaces of the Content that you post), sublicensable (so that Mymediaspaces is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Mymediaspaces Services and, subject to good faith efforts to honor your Profile Settings, to third party search engines), and worldwide (because the Internet and the Mymediaspaces Services are global in reach). You also hereby grant to Mymediaspaces , and agree to grant to Mymediaspaces , the unconditional, perpetual, irrevocable, sublicensable, fully-paid and royalty free right to use, share and exploit your name, persona, and likeness, and your Profile information and information about your activities on the Mymediaspaces Services (including, without limitation, your activities in connection with our sponsors and advertisers), without any obligation or remuneration to you. However, from time to time we may offer you choices regarding how information about you is shared and we will make good faith efforts to honor your elections. For more information, see Profile Settings. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Content. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted hereunder. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6. If you are a minor, you represent and warrant that your parent or legal guardian has consented to you granting the rights as set forth in this Section 6, or that are provided in any Additional Terms.
3. Each time you submit any Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor (including yourself) who is depicted in or contributed to any Content you submit, and that, as to that Content: (i) you are the sole author and/or owner of the Content posted by you on, through or in connection with the Mymediaspaces Services, or otherwise have the lawful right to grant the license set forth in this Section 6 or that is provided in any Additional Terms, all without any Mymediaspaces obligation to obtain consent of any third party and without creating any obligation or liability of Mymediaspaces , (ii) the Content is accurate (other than as authorized in Section 8 or any Additional Terms); (iii) the posting of your Content on, through or in connection with the Mymediaspaces Services and/or Linked Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity; and (iv) the Content will not violate this Agreement (including the prohibitions in Section 8 or any Additional Terms, or cause injury or harm to any person. You agree to pay all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Mymediaspaces Services and/or Linked Services.
4. Except as otherwise described in the applicable Mymediaspaces Services’ posted Privacy Policy, or any Additional Terms, you agree that (a) your Content will be treated as non-confidential - regardless of whether you mark them “confidential,” “proprietary,” or the like - and will not be returned, and (b) Mymediaspaces does not assume any obligation of any kind to you or any third party with respect to your Content. Certain content related to classic Mymediaspaces accounts (messages, comments, blogs, games, posts, and customizable background art) is no longer available for retrieval or download. Audio files that were uploaded over three years ago and flash video files are also no longer available for retrieval or download. Upon Mymediaspaces ’s request, you will furnish us with any documentation necessary to substantiate the rights to such Content and to verify your compliance with this Agreement and any applicable Additional Terms. You acknowledge that the internet, and the technology of Mymediaspaces and third parties used to enable it, may be subject to breaches of security and that you are aware that submissions of Content may not be secure, and you will consider this before submitting any Content.
5. In your communications with Mymediaspaces , please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even Mymediaspaces improvements to products or services, such as ideas, concepts, inventions, or designs for musical productions or equipment, books, scripts, screenplays, motion pictures, television shows, theatrical productions, or webisodes (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us (via the Mymediaspaces Services or otherwise) are deemed User Content and licensed to us as set forth in this Section 6. In addition, Mymediaspaces retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Mymediaspaces ’s receipt of your Unsolicited Ideas and Materials is not an admission by Mymediaspaces of their novelty, priority, or originality, and it does not impair Mymediaspaces ’a right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
6. The Mymediaspaces Services contain Content owned by Mymediaspaces (“Mymediaspaces Content”). Mymediaspaces Content is protected by copyright, trademark, patent, trade secret and other laws, and Mymediaspaces owns and retains all rights in the Mymediaspaces Content and the Mymediaspaces Services. Mymediaspaces hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Mymediaspaces Content (excluding any software code) solely for your personal use (and for the promotional uses permitted to artists hereunder) in connection with viewing the Mymediaspaces Website and using the Mymediaspaces Services, and in connection with standard search engine activity or use of a standard Internet browser (e.g., for making cache copies). From time to time, Mymediaspaces may make available to Users certain explicitly designated Mymediaspaces Content for Users use as part of User Content (defined below) (“Mymediaspaces Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Mymediaspaces Licensed Elements are made available on the Mymediaspaces Services; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Mymediaspaces Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Mymediaspaces Content, and (ii) may be immediately suspended or terminated for any reason, in Mymediaspaces 'as sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Mymediaspaces Content and/or Mymediaspaces Licensed Elements, subject to certain Additional Terms. You are only granted a limited license, and, as between you and Mymediaspaces , there is not a sale with respect to Mymediaspaces Content.
7. The Mymediaspaces Services contain Content of Users (“User Content”). Except as otherwise provided in this Agreement, or in any Additional Terms, you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the Mymediaspaces Services.
8. The Mymediaspaces Services contain Content of third party licensors that are not Users (such licensors, “Third Party Licensors” and such content “Third Party Content”). Third Party Content is protected by copyright, trademark, patent, trade secret and other laws, and each Third Party Licensor retains rights in its Third Party Content. Subject to any applicable Additional Terms, you are hereby granted a limited, revocable, non-sublicensable license to view, or listen to, as applicable, the Third Party Content solely for your personal, non-commercial use in connection with viewing and using the Mymediaspaces Services and in connection with standard search engine activity or use of a standard Internet browser (e.g., for making cache copies). Except for the foregoing limited license, and except as otherwise expressly provided in writing by Mymediaspaces , you are granted no right, title or interest in any Third Party Content. You are only granted a limited license, and, as between you and Mymediaspaces , there is not a sale with respect to Third Party Content. Except as otherwise provided within this Agreement or applicable Additional Terms, or directly authorized by Mymediaspaces and/or a Third Party Licensor on the Mymediaspaces Services (e.g., as part of a promotion that encourages you to download specific Third Party Content for your use in connection with such promotion), you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third Party Content (except as may be a result of standard search engine activity or use of a standard Internet browser).
9. Mymediaspaces reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Mymediaspaces Services.
10. This Agreement and any Additional Terms include only narrow, limited grants of rights to Mymediaspaces Content and to use and access the Mymediaspaces Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Mymediaspaces and its licensors and other third parties. Any goodwill that is created in connection with your use of Mymediaspaces Content or the Mymediaspaces Services inures to Mymediaspaces . Any unauthorized use of any Mymediaspaces Content or the Mymediaspaces Services for any purpose is prohibited.
Content Posted
Please choose carefully the information that you post on, through or in connection with the Mymediaspaces Services and that you provide to other Users. Your Profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Mymediaspaces Members (for instance, in their Profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Mymediaspaces assumes no responsibility or liability for this material. If you become aware of misuse of the Mymediaspaces Services by any person or Linked Service, please visit our Help Site or, if available, click on the Profile, image, video, comment or other item to report the Content directly to our support team.
1. Mymediaspaces may reject, refuse to post or delete any Content that in the sole judgment of Mymediaspaces , violates this Agreement, is inappropriate for the Mymediaspaces Services or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. However, we are not obligated to take any action not required by law. Mymediaspaces , may, but assumes no responsibility or obligation for reviewing or monitoring the Mymediaspaces Services for inappropriate Content or conduct. If at any time Mymediaspaces chooses, in its sole discretion, to review or monitor the Mymediaspaces Services, Mymediaspaces 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.
2. You are solely responsible for the Content that you post on, through or in connection with any of the Mymediaspaces Services and/or Linked Services, and any material or information that you transmit to other Members and for your interactions with other Users. Any breach by you of this Section 7 will be subject to the indemnification obligations set forth in Section 19 below. We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the Content in question being removed from the Mymediaspaces Services.
3. The Mymediaspaces Services are a community and inherently a social media experience. Subject to our good faith efforts to honor your election of certain options we may offer from time to time that may offer you certain choices regarding what is shared and with whom, your activities, Content and Content consumption (including videos and music) may be viewable by, or shared with, others on and off of the Mymediaspaces Services, including advertisers. You consent to this, and irrevocably grant us sublicensable right to use and exploit your name, persona, likeness, pseudonym, Profile picture, information and Content, and to share it with others, without any obligation or remuneration to you. This may include, without limitation, associating you with commercial, sponsored or related content (such as a brand you like or the sponsors of an ad you click on). As examples, if you listen to a song by an artist, or become their fan, other Users may be told that and we may serve you ads for other artists or Content you might like. If you are not the age of majority where you reside, you represent and warrant that your parent or guardian has read this section and consented and agreed on your behalf.
4. For more information on social ads, social media consumption activity notifications and other activity notifications, and your options regarding them, and on how to opt-out of certain third-party ad serving.
nt/Activity Prohibited
1. We limit use of the Mymediaspaces Services to Content and activities that are appropriate, in our discretion, to our venue. The following are examples, without limitation, of the kind of Content or activities that are illegal, or prohibited to post on, through or in connection with the Mymediaspaces Services (“Prohibited Content”). Mymediaspaces reserves the right to investigate and take appropriate action (which may include taking legal action) against anyone who, in Mymediaspaces ’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the Mymediaspaces Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Mymediaspaces may seek to gather information from the Member who is suspected of violating these Terms and from any other Member, and will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any emails, or publishing or otherwise making available any Content that is believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Mymediaspaces FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Mymediaspaces DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER Mymediaspaces OR LAW ENFORCEMENT AUTHORITIES.
2. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Mymediaspaces :
  1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;,
  3. exploits people in a sexual or violent manner;
  4. contains nudity, excessive violence, or offensive subject matter or links to an adult website;
  5. solicits or is designed to solicit personal information from anyone under age 13;
  6. solicits or is designed to solicit an inappropriate or unlawful relationship with another User;
  7. publicly posts information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person’s contact information on the Mymediaspaces Services without authorization);
  8. other than as authorized in the Non-Standard Profile terms in Section 9 below, constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  9. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;
  10. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
  11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  12. furthers, promotes or depicts any illegal or criminal activity or enterprise or provides instructional information
  13. about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  14. depicts firearms or other weapons that is not related to sportsman activities;
  15. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
  16. involves commercial activities (beyond the limited ability of Artists to promote themselves as specifically provided herein) and/or sales without prior written consent from Mymediaspaces such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  17. includes a photograph or video of another person that you have posted without that person’s consent;
  18. uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
  19. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
3. Prohibited Content, including unauthorized commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Profiles without notice or explanation.
4. The following are examples of the kind of activity that is illegal or prohibited on the Mymediaspaces Website and through your use of the Mymediaspaces Services (“Prohibited Activity”). Prohibited Activity on, through, or in connection with the Mymediaspaces Services includes, but is not limited to:
  1. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Mymediaspaces Services (excluding use of the Mymediaspaces Services by Artists to create Profiles and post Content that promote the Artist’s professional endeavors consistent with the terms and conditions of this Agreement). You may not transmit any chain letters, junk email or unsolicited commercial or inappropriate Messages to other Members. In order to protect our Members from such advertising or solicitation, Mymediaspaces reserves the right to restrict the number of Messages which a Member may send to other Members in any 24-hour period to a number which Mymediaspaces deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk Messages or other unauthorized commercial communications of any kind through the Mymediaspaces Services, you acknowledge that you will have caused substantial harm to Mymediaspaces , but that the amount of such harm would be extremely difficult to ascertain. To the maximum extent permitted by applicable law, as a reasonable estimation of such harm, you agree to pay Mymediaspaces Fifty Dollars ($50) for each actual or intended recipient of such unsolicited Message or other unauthorized commercial communication you send through the Mymediaspaces Services;
  3. unless permitted by law, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Mymediaspaces Services;
  4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  5. except as may be permitted by Additional Terms or our intended use of functionality made available by us to you on the Mymediaspaces Services, modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Mymediaspaces Services (other than your Content which you legally post on, through or in connection with the Mymediaspaces Services) or as may be the result of standard search engine activity or use of a standard Internet browser;
  6. providing or using “tracking” or monitoring functionality in connection with the Mymediaspaces Services, including, without limitation, to identify other Users’ views, actions or other activities on the Mymediaspaces Services;
  7. covering or obscuring the advertisements and/or safety features (e.g., reporting functionality) on your Profile, or any portion of any Mymediaspaces Services or Content on the Mymediaspaces Services via HTML/CSS or any other means;
  8. any automated use of the Mymediaspaces Services, including but not limited to, using scripts or other code to connect to Profiles, send comments, or perform any other activity on the Mymediaspaces Services;
  9. interfering with, disrupting, or creating an undue burden on the Mymediaspaces Services or the networks or services connected to the Mymediaspaces Services;
  10. impersonating or attempting to impersonate Mymediaspaces or a Mymediaspaces employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing), excepting the permitted use of Non-Standard Profiles as set forth in Section 9;
  11. for band, comedy, filmmaker and other Profiles containing a Mymediaspaces player, copying the code for your Mymediaspaces Player and embedding it (or directing others to embed it), hosting or posting it anywhere other than in your Profile (except as where may be permitted through Additional Terms);
  12. using the Account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your Account;
  13. selling or otherwise transferring your Profile, username, vanity URL (which all belong to Mymediaspaces and is licensed to you pursuant to the license set forth in Section 6);
  14. using or distributing any information obtained from the Mymediaspaces Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  15. the unauthorized collection of usernames, user id numbers or similar designation, email addresses or other personal information of Members by electronic or other means, or employing third party promotional sites or software to promote Profiles for money;
  16. displaying an unauthorized commercial advertisement on your Profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the Mymediaspaces Services on behalf of that person, such as placing commercial content on your Profile; links to e-commerce sites not authorized by Mymediaspaces ; posting comments with a commercial purpose; selecting a Profile with a commercial purpose as one of your top connections; or sending Messages with a commercial purpose (excluding use of the Mymediaspaces Services by artists to create Profiles and post Content that promote the artist’s professional endeavors consistent with the terms and conditions of this Agreement);
  17. using invalid or forged headers to disguise the origin of any Content transmitted to or through Mymediaspaces ’s computer systems, or otherwise misrepresenting yourself or the source of any Message or Content;
  18. using any automated system, including, but not limited to, robot, both rover, spider, scraper, crawler, spyware, scripts, engine, device, software, extraction tool in order to monitor, harvest, copy or distribute (except as may be a result of standard search engine activity or use of a standard Internet browser) Content, Messages, email addresses or other personal information of Members, or other data from the Mymediaspaces Services for the purposes of sending unsolicited or unauthorized material, selling to data aggregators or similar entities, or revealing personal information publicly;
  19. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;
  20. the unauthorized posting of any private information of any person;
  21. offering to sell, barter or trade, or selling, bartering or trading for your vote in any aspect of the Mymediaspaces Services that provides a voting functionality;
  22. modifying, adapting, translating, altering, reverse engineering, copying, decompiling, reverse assembling, disassembling, unencrypting, unhashing, or creating derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from any portion of the Mymediaspaces Services or the data or technology underlying their operation; or
  23. using the Mymediaspaces Services in a manner inconsistent with this Agreement or Applicable Law.
Profiles and Profile Settings
Mymediaspaces may allow you to create multiple Profiles associated with your Account on certain aspects of, or all of the Mymediaspaces Services. Examples of such Profiles are “Real Name Profiles”, “Alias Profiles”, “Parody Profiles”, “Role Playing Profiles”, “Fan Profiles”, “Artist Profiles”, or other Profiles that Mymediaspaces may authorize from time to time. We may offer you, from time to time, the ability to choose how you share or make your Profile, or aspects of it, available to others by means of “Profile Settings”, which functionality may change as the Mymediaspaces Services evolve. Mymediaspaces currently makes all Profiles of Members aged 18 and older public by default. Profiles of Members whose ages are 13 to 17 are currently “restricted” by default, as further detailed in the Privacy Policy. You may adjust the public or restricted status of your Profile in your Profile Settings. We will make good faith efforts to honor Profile Settings, but are not responsible for errors and reserve the right to change the way Settings and preferences work from time to time, so visit your Profile Settings regularly to ensure that the reflect your preferences and to see how we may have added or changed how you can exercise choice. For more information on how to use Profile Settings, and how they are intended to work, . You may not use any Profile for purpose of impersonation, deception or confusion.
1. Real Name Profiles. You may create a Profile in which your activities on the Mymediaspaces Services are associated with your real name (each, a “Real Name Profile”), and you agree and acknowledge that any risk associated with such Real Name Profiles are borne solely by you.
2. Alias Profiles. An Alias Profile allows you to create an alternate public-facing profile as an alternative to a Real Name Profile, which publicly displays your real name in association with your Profile and activities on the Mymediaspaces Services. For example, you might decide that in an Alias Profile, your username or full name for that Profile is a nickname or other made up name.
3. Parody, Role Playing and Fan Profiles. Mymediaspaces may allow you to create profiles for the purpose of parody, role playing, or being a fan (collectively, Parody, Role Playing and Fan Profiles are known as “Non-Standard Profiles”). You are allowed to create Non-Standard Profiles, but you must indicate in the Non-Standard Profile that Non-Standard Profile will be used for the Non-Standard Profile purposes, by including a statement of this fact in the about section of your Profile (e.g., “This is a parody Profile.”, or similar language). You must also ensure that the full name that you choose for the Non-Standard Profile includes some indication that the Non-Standard Profile is being used in a parody, role-playing, fan or other manner than as a true and veritable Account of an actual living person. For example, if you want to create a Non-Standard Profile for the purpose of (i) role playing, you should add “-roleplay” to the end of the desired full name; (ii) fanning, you should add “-fan” to the end of the desired full name; (iii) parody or farce, you should add “-fake”, “-parody”, or “-joke” to the end of the desired full name. You must not use a Non-Standard Profile for purposes of impersonation, deception or confusion.
4. Artist Profiles. Mymediaspaces may allow you to create a Profile specifically designed for artists (each an “Artist Profile”), for example, musicians, comedians, or other artists. Mymediaspaces may provide Artist Profiles with features and functionality not available to other Profile types, and you must not use an Artist Profile if you are not legitimately an artist.
5. Suspension or Termination. Mymediaspaces may suspend or terminate Profiles, and/or the Membership of Accounts associated with them, in the event they do not comply with this Agreement, or for any other or no reason. Individuals and artists that are Members may set up profiles, subject to certain rules. From time to time we may offer certain functionality to allow you to express privacy, communication and other preferences, which we will make a good faith effort to honor.
Protecting Copyrights and Other Intellectual Property
Mymediaspaces respects the intellectual property of others, and requires that our Users and Members do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity. It is Mymediaspaces ’s policy to terminate, in appropriate circumstances, the Membership of repeat or substantial infringers. If you believe your work has been copied and posted on or through the Mymediaspaces Services in a way that constitutes copyright and/or trademark infringement, please see the Copyright Infringement Notice Form and the Trademark Infringement Notice Form where you may notify Mymediaspaces of your complaint. More information about copyright and trademark can be found..
Disclaimers
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Mymediaspaces IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE Mymediaspaces SERVICES; (B) THE Mymediaspaces CONTENT ON OR PROVIDED THROUGH THE Mymediaspaces SERVICES; (C) THE CONTENT OR USER CONTENT (INCLUDING THE ACCURACY AND RELIABILITY THEREOF); (D) THE THIRD PARTY CONTENT; (E) THE LINKED SERVICES; (F) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE Mymediaspaces SERVICES; (G) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN THE Mymediaspaces SERVICES; AND/OR (H) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM Mymediaspaces OR OTHERS VIA THE Mymediaspaces SERVICES.
2. IN ADDITION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Mymediaspaces IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE Mymediaspaces SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE Mymediaspaces SERVICES OR LINKED SERVICES.
3. PROFILES AND LINKED SERVICES ON, THROUGH OR IN CONNECTION WITH THE Mymediaspaces SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. Mymediaspaces IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY Mymediaspaces . INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON THE Mymediaspaces SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY Mymediaspaces . WHEN YOU ACCESS THESE THIRD PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. Mymediaspaces TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE Mymediaspaces SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. Mymediaspaces IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Mymediaspaces SERVICES OR LINKED SERVICES. Mymediaspaces 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. Mymediaspaces 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 ON ANY OF THE Mymediaspaces SERVICES OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, 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 Mymediaspaces SERVICES OR LINKED SERVICES.
4. UNDER NO CIRCUMSTANCES SHALL Mymediaspaces BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE Mymediaspaces SERVICES OR LINKED SERVICES, ATTENDANCE AT A Mymediaspaces EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE Mymediaspaces SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE Mymediaspaces SERVICES, WHETHER ONLINE OR OFFLINE. THE Mymediaspaces SERVICES AND YOUR ABILITY TO ACCESS THE LINKED SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND Mymediaspaces EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. Mymediaspaces CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE Mymediaspaces SERVICES OR LINKED SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.
Limitation on Liability
1. IN NO EVENT SHALL Mymediaspaces BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE Mymediaspaces SERVICES (INCLUDING THE CONTENT AND Mymediaspaces CONTENT) OR LINKED SERVICES, OR THE PERFORMANCE OF THE Mymediaspaces SERVICES OR LINKED SERVICES, (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY Mymediaspaces OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE Mymediaspaces SERVICES, (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS, (D) ANY ERRORS OR OMISSIONS IN THE Mymediaspaces SERVICES’ TECHNICAL OPERATION, OR (E) ANY DAMAGE TO A USER’S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF Mymediaspaces HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,