1. Copyright. The contents of the Site, including without limitation all text, images, Software, services, audio and video, the Gracenote database of music-related information, links, as well as any such combination and/or compilation of the same (collectively referred to herein as “Materials”), is the property of Gracenote and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Gracenote. No use of the Materials is allowed except as expressly stated herein. Some Materials may be copyrighted by Gracenote’s suppliers, licensees and affiliates, and copyright law also applies to other companies’ advertisements or information presented on this Site.
2. Trademarks. Gracenote (and Puffy G design), the Gracenote Logos (including PUFFY G (logo)), CDDB, CDDB (and design), MusicID, MediaVOCS, Gravity Mobile, CarStars, MusicID, MusicIP, MusicIP Mixer, DJMIX, DJMOOD, DJSCAN, MYDJ, MusicDNS, and Let Your Music Play are trademarks of Gracenote, Inc., either registered or not (collectively the “Gracenote Trademarks”), within the United States as well as in other countries. Without Gracenote’s prior permission and proper acknowledgement, you agree not to display or use the Gracenote Trademarks in any manner. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.
3. Registration. While registration is not required to access and use the Site, Gracenote requires registration (which requires providing your true name and identifying information) of users who wish to use certain Site functions (such as our Gracenote Careers webpage, Commercial Developer Registration, and the Open Developer Program). For sites where Gracenote does not require your true name or any identifying information, you agree not to choose a name that misleads or misidentifies you as another person, company or is confusingly similar to any products, services, trademarks or is indecent or otherwise offensive. If you choose to use your own name, you consent to it being passed to others by certain functionality and uses of the Site. Gracenote reserves the right, in its sole discretion, to remove any user for any reason at any time. By completing any Gracenote registration form, you also agree to the all related terms incorporated herein by reference.
6. Non-Commercial Use. Except for certain Site functions, this Site and the Materials are solely for your own personal non-commercial use. Beyond such personal non-commercial use, you may not copy, transmit, publish, distribute, display or in any other way exploit the Site and/or the Materials at any time. You may not aggregate or collect Materials from this Site to construct any kind of on-line or computer database. You may not use this Site or Materials to solicit the performance of any illegal activity or other activity which infringes the rights of Gracenote or others. You may not use or export or re-export any Materials or any copy or adaptation of such Materials, in violation of any applicable laws or regulations, including without limitation United States export laws and regulation. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, by hacking, password “mining” or any other illegitimate means.
7. Gracenote Links. For your convenience only, Gracenote provides links within the Site to other web sites operated by third parties. Gracenote exhibits no control over such third party websites and is not responsible for their content or the privacy practices thereof. Gracenote makes no representations or warranties and accepts no responsibility for the quality, content, nature or reliability of any third party web site or service accessible by hyperlink from the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site are solely between you and such advertiser. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that Gracenote will not be responsible or liable for any loss or damage incurred as the result of any such dealings.
9. Framing and other Technology Restrictions. Gracenote’s express written permission is required before embedding Gracenote pages in “frames” running from other sites. For further information please read our Copyright Infringement Policies and Procedures. You also may not, without our prior written permission, “mirror” any Materials contained on this Site or any other server. You may not use any Gracenote Trademark in any metatag unless we have granted you permission to do so in writing.
10. Indemnification. You agree to defend, indemnify, and hold harmless Gracenote, our parent and other affiliated companies (including our respective employees, contractors, officers, directors and agents, co-branders or other partners) from all liabilities, claims, and expenses, including attorney’s fees, that arise from any claim or demand made by any third party due to or arising out of your use of the Site or Materials. Gracenote reserves the right, at Gracenote’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gracenote in asserting any available defenses.
11. Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED BY GRACENOTE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRACENOTE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRACENOTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE, OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FROM THE SITE ARE FREE OF ANY HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Limitation of Liability. IN NO EVENT WILL GRACENOTE BE LIABLE TO YOU, OR TO ANY PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE SITE OR MATERIALS OFFERED HEREUNDER. GRACENOTE’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT BE GREATER THAN TEN DOLLARS (US $10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Changes to Site. Gracenote reserves the right, in its sole discretion, of which Gracenote may choose to do at any time and from time to time, to modify or discontinue, whether temporarily or permanently, the Site or the Materials with or without notice to you. Gracenote reserves the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Gracenote will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
18. Copyright Complaints. Gracenote respects your intellectual property rights as well as the rights of other third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail Gracenote at firstname.lastname@example.org.
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