TERMS AND CONDITIONS OF USE

Effective August 28, 2019

1. Contract 

This is a contract. When you access this website or any of the Related Services, you agree to all of these terms. Your use of this Site or any of the Related Services is also subject to our Privacy Policy, which you should review.

    1. When you enter the Transparence Entertainment Group, Inc. (“TEG,” “we,” “our,” or “us”) website or the pages in it (the “Site”), or when you click “Log In,” “Sign Up,” “Get Started,” “Register,” or similar, enter information, or use any of our services, you are agreeing to enter this agreement with TEG (the “Agreement”) and to be bound by its terms–even if you are using the Site or our services on behalf of a company. This Agreement applies to your use of musicreports.com, songdex.com, cuetrak.com, and other TEG-related sites or apps, together with their contents, communications, and other services that state they are offered pursuant to this Agreement (collectively the “Related Services”).
    2. If you register an account on this Site or in order to use any of the Related Services, you will become a “Registered User.” Some of the individual pages of this Site and some of the Related Services contain their own terms and conditions, which may change or add to the terms and conditions of this Agreement. If you choose not to register an account, you may still access certain features as a “Visitor.” This Agreement applies to you whether you are a Registered User or a Visitor.
    3. Termination. This Agreement is effective unless and until terminated by you or TEG, and either of us may terminate this Agreement at any time. Your access to this Site or to the Related Services may be terminated immediately, without notice from TEG, if in our sole discretion you fail to comply with any term or provision of this Agreement. If you breach any of this Site’s terms or conditions, this Agreement will automatically and immediately terminate. Upon the termination of this Agreement for any reason, you agree that you will cease to use the Site or the Related Services (as the case may be) immediately and destroy all Material obtained from the Site and the Related Services and all copies thereof, whether made under the terms of this Agreement or otherwise.

2. Consent and Revisions

When you access or use this site, you are giving consent for certain specific purposes.

    1. By using or accessing the Site or any of the Related Services, as described above, you consent to entering this agreement and agree to its terms. You also consent to TEG’ maintaining a record of these facts (whether by means of an automated log or other means) so we can document that you gave this consent.
    2. Registering an account or making use of the Related Services may require additional consents. If you register or use such services, you will be given an explanation of these consents and their purposes and provided with instructions on how not to give consent.
    3. We may revise this Agreement from time to time without sending you a notice. However, if we make such changes, we will post a revised version of this Agreement on the Site, and the revised Agreement will be identifiable by its effective date. If you object to the changes, you may terminate the Agreement (as modified) by the method described above. Your continued use of the Site or the Related Services after we publish a revised version of this Agreement means you are consenting to the revised terms and conditions. You also give consent to our documenting this fact, in case it needs to be verified later.

3. Age Restriction and Parental Control 

This Site is not for use by anyone under the age of 16.

    1. By accessing or using this Site or the Related Services you agree that you are at least 16 years old. If required by law, you must be even older than 16 to access or use this Site or the Related Services, unless you obtain the consent of a person who holds parental responsibility over you. If you are under 16 years of age and this exception does not apply to you, you must leave this Site now. Do not use any of the Related Services and do not click “Register” or provide information.
    2. Pursuant to 47 U.S.C. § 230(d), as amended, TEG hereby informs you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Common Sense Media, at www.commonsensemedia.org.

4. Intellectual Property 

We want you to know about the intellectual property of TEG and others, and how it may or may not be used.

    1. TEG reserves all of its intellectual property rights in this Site, the Related Services, and all patents, Marks, and Material (as defined herein) made available through them (collectively the “Intellectual Property”). TEG’s Intellectual Property is protected by law, including but not limited to laws that apply to patents, copyrights, trademarks, and trade secrets.
    2. Copyright-Protected Intellectual PropertyThis Site, the Related Services, and all copyrightable material included in or made available through the Site and the Related Services, including but not limited to text, articles, documents and other written material, graphics, images, illustrations, charts, logos, audio and video clips, data, data compilations, software, buttons, icons, and all other material that is not in the public domain, along with the organization of that material (collectively “Material”), is protected by the copyright laws of the United States and other jurisdictions. To the extent such Material is not owned by TEG and is not in the public domain, it is owned by third parties and used under license. Except as specifically permitted herein, you may not reproduce any portion of the Material without prior written permission from Transparence Entertainment Group ™ 2018. All rights reserved.
    3. TrademarksThe name Transparence Entertainment Group ™, the acronym “TEG”, the logo, other service names, certain graphics, and the “trade dress” of this Site and the Related Services are service marks or trademarks (collectively, “Marks”) of Transparence Entertainment Group or of third parties. You may not copy or use the Marks without the prior written consent of their owners. Without limiting the preceding sentence, our Marks may not be used in any manner that is likely to cause confusion among customers or that disparages or discredits TEG.
    4. Additional Use ParametersExcept where expressly permitted by TEG, you may not copy, reproduce, publicly display, publish, upload, post, publicly perform, transmit or distribute the Intellectual Property of TEG in any way without TEG’ prior written permission. You may not embed pages from this Site or the Related Services in “frames” or other pages offered from other sites, nor may you “mirror” any of our Intellectual Property on any server. Nothing on this Site or the Related Services shall be construed as conferring any license of intellectual property rights by TEG or any third party. You are solely responsible for obtaining any such licenses. Any unauthorized use of any TEG Intellectual Property may result in serious civil and/or criminal penalties against you.YOU ARE EXPRESSLY PROHIBITED FROM DOWNLOADING ANY DATABASES OR MATERIAL WITHIN THOSE DATABASES, IN WHOLE OR IN PART, MADE AVAILABLE ON OR THROUGH THIS SITE OR THE RELATED SERVICES, EXCEPT TO THE EXTENT EXPRESSLY INDICATED IN THIS AGREEMENT, ON THE WEBSITE AND/OR IN ANY ADDITIONAL TERMS AND CONDITIONS THAT APPLY TO REGISTERED USERS. YOU AGREE AND ACKNOWLEDGE THAT ANY BREACH OF THE PROVISIONS CONTAINED IN THIS PARAGRAPH WOULD CAUSE TEG IRREPARABLE HARM, THE EXTENT OF WHICH WOULD BE DIFFICULT TO ASCERTAIN. ACCORDINGLY, YOU AGREE THAT TEG WILL BE ENTITLED TO INJUNCTIVE RELIEF AND/OR SPECIFIC PERFORMANCE, WITHOUT THE POSTING OF A BOND AND WITHOUT LIMITATION OF ITS OTHER RIGHTS AND REMEDIES, IN THE EVENT OF ANY BREACH OR ALLEGED BREACH OF THE TERMS OF THIS PARAGRAPH.

5. Limitations of Usage and Availability 

In certain circumstances, we may limit your use of this Site or the Related Services, or they may become unavailable.

    1. We reserve the right to limit your use of this Site or the Related Services. This means we may restrict, suspend, or terminate your account (if any) for any reason, including but not limited to our belief that you may be in breach of this Agreement or are misusing any services we offer. We have no obligation to use, process, or post any information you provide to us through this Site or the Related Services. We do not promise to store or maintain information you provide, including account registration information, except to the extent required by applicable laws and as described in our Privacy Policy. We may also change or discontinue this Site and any of the Related Services in our discretion and without notice.

6. Disclaimer

We disclaim all liability for the quality, safety, or reliability of this Site or the Related Services or their Contents.

    1. TEG makes no representations or warranties of any kind, whether express or implied, regarding this Site, the Related Services, or their contents. To the fullest extent permissible by law, TEG expressly disclaims any such representations and warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. Moreover, TEG does not represent or warrant that any Material is current, accurate, or complete. This includes information provided by this Site or through the Related Services by TEG, information uploaded by third parties, and information or services provided by sites linked from this Site or the Related Services.
    2. This Site, the Related Services and their contents are provided strictly on an “as is” basis. You agree that your use of the Site, the Related Services, and any such contents is solely at your own risk. You also agree that you are solely responsible for all costs associated with any servicing or repairs of any equipment you use, including any electronic device, as part of your use of the Site, the Related Services, or their contents, and that TEG will not in any way be liable to you for damages of any kind related to such use. You agree to waive any and all claims of any kind or nature against TEG, its employees, officers, directors, shareholders, affiliates, or licensees, with respect to your use of this Site, the Related Services, and/or any contents thereof. In waiving any rights and/or claims under this Agreement, you acknowledge that you have read and understand Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
    3. TEG may be required to comply with law enforcement authorities or court orders that direct us to disclose the identity of anyone who submits Material that may be threatening or libelous or which violates any law.

7. Limitation of Liability & Indemnity 

Our legal liability to you is limited.

    1. You agree that neither TEG nor any of its employees, officers, directors, shareholders, affiliates, licensees, or representatives will be liable for damages arising out of or in connection with your use of or inability to use this Site or the Related Services or their contents. This is an all-encompassing limitation of our liability that applies to all damages of any kind, including but not limited to damages that are: direct, indirect, consequential, compensatory, special, or punitive; related to loss of profit, income, data, or time; related to damage to property, profits, revenues, or reputation; and related to claims made against you and/or TEG by any third party, whether a natural person or entity. You agree to defend, indemnify and hold harmless, TEG, its officers, directors, employees, affiliates, licensees, and representatives from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from or related to your use of the Site or of the Related Services or their contents, or your breach of any of the agreements, representations or warranties you have made to or with TEG pursuant to this Agreement.

8. Use of Software 

You will abide by all software licenses related to this Site and the Related Services.

    1. This Site and the Related Services may contain or utilize software, applications, application program interfaces (“APIs”), documentation and related materials (collectively “Software”). All such Software is the copyright-protected property of TEG or of third parties. If you use the Software, you agree to be bound by the terms of this Agreement and of any licenses, terms, or conditions that accompany the Software (“Software Licenses”) You may not copy, distribute, download, publish, modify, reformat, reconfigure, extract, link, incorporate into other software, databases or online material, or otherwise appropriate any Software contained in or used by this Site or the Related Services except as provided in this Agreement and in the Software Licenses.

9. Material You Submit 

You grant TEG a license to all Material you submit, and you promise not to submit dangerous or inappropriate Material.

    1. If you submit any Material to the Site or any of the Related Services, you will do so in good faith, and you grant TEG a non-exclusive, perpetual, worldwide, transferable and sub-licensable license to use, store, access, copy, modify, distribute, publish, publicly display, publicly perform, or process such Material, without the requirement of any further consent, notice, and/or compensation to you or to any other party.
    2. You agree not to submit to the Site or any of the Related Services any Material that:
      • libels or defames anyone, or invades someone’s privacy;
      • discloses information you have no lawful right to disclose
      • is obscene, abusive, or threatening;
      • violates or infringes the legal rights of any person or entity, including intellectual property and privacy rights;
      • you know to be inaccurate;
      • violates any law or advocate any unlawful activity; or
      • advertises, solicits funds for or otherwise advocates any organization, goods, services, or political campaign.
    3. You also agree not to submit or upload to the Site or any of the Related Services any software virus, worm or other harmful code, or software, scripts, or other processes designed to scrape the Site or any of the Related Services for data. You agree not to use the Site or any of the Related Services in any manner that interferes with their normal operation or availability, including to other users, or that unreasonably or significantly increases the traffic load on our information technology infrastructure.
    4. You are solely responsible for any Material you submit. TEG has no responsibility for and expressly disclaims any liability for the presence, contents, legality, originality, reliability, appropriateness, or use of any such Material by anyone. By submitting any material, regardless of who created or owns it, you agree to be bound by these terms.

10. Links to Third-Party Sites 

We may provide links to third-party web sites as a convenience but are not responsible for their content.

    1. Our Site and the Related Services may contain links to other web sites that are not under TEG’ control. We provide links to third-party web sites, or refer to information found on them, as a convenience to you and other users. This does not mean we are endorsing the owners of those sites, their products, or their services. We make no representations of any kind regarding the content of such sites and you agree that you irrevocably waive any claim against TEG with respect to such links and sites. If you access a third-party web site through this Site or the Related Services, you do so at your own risk. TEG is not responsible for the accuracy or reliability of any information or Material contained on third-party web sites you access through our Site or the Related Services.

11. Linking to this Site

We welcome links from your site to ours, as long as you observe certain guidelines.

    1. TEG welcomes other sites linking to our Site, so long as the following guidelines are followed. Your link, together with any surrounding graphics or text, must not suggest that TEG promotes or endorses your or any third party’s opinions, products, services, or web sites, or that TEG has any kind of relationship with you or an entity you represent. You may not use TEG’ logos or other marks without our express written consent, and we reserve the right to withdraw such consent at any time. Where appropriate, we encourage you to link directly to the relevant internal page rather than to our home page. However, before linking to an internal page, you should inform us which page you propose to link to, what specific content on our Site you are interested in, how it relates to the content at your site, when you plan to start linking, and the duration for which the link will be available. When requesting to make such a link, please include the URL of the page on your site where the link will appear. Once your link is active, the linked TEG page should appear in its own browser window. It must not appear within a frame and must not be portrayed as belonging to anyone other than us. We encourage links from keywords or phrases related to the specific topic over more generic links to our company name. To request the inclusion of a link on your site or to inquire further, contact:Webmaster
      Transparence Entertainment Group, Inc.
      5959 Topanga Canyon Blvd. Suite 181
      Woodland Hills, CA 91367
      [email protected]
    2. By linking your site with the TEG site, you agree that you will not provide false or misleading information about TEG, its employees, officers, directors, shareholders, affiliates, licensees, clients, representatives, services, or activities. You further warrant and represent that your web site does not infringe the rights of any other person or entity, including but not limited to copyrights and trademarks. You agree that your site does not violate any laws, advocate unlawful activity, or contain content that is not appropriate for all ages. TEG reserves the right to remove or to request you to remove any link that is not in compliance with the foregoing terms and conditions.

12. Laws and Export Controls

You will comply with all applicable laws.

    1. By accessing or using this Site and/or the Related Services, you agree you will comply with all applicable laws, including, without limitation, the privacy laws, intellectual property laws, anti-spam laws, export control laws (including those applicable to information, software, technology, and/or services), tax laws, and regulatory requirements of any jurisdiction where you seek or gain access. TEG makes no representation that the contents of the Site and the Related Services is or will be appropriate or available for use in any particular location. You may not use the Site or the Related Services if you are subject to sanctions imposed by the United States government or of sanctions consistent with United States law imposed by the governments of the country where you are using the Site, the Related Services, or their contents.
    2. In addition, to the extent any aspect of the Site or Related Services constitutes information and/or software that is not “published” within the meaning of 15 C.F.R. § 734.7, export of the same may be prohibited by the U.S. Export Administration Regulations or other applicable U.S. laws.

13. Governing Law and Jurisdiction 

Any dispute will be resolved in California courts, using California law.

    1. This Site is controlled by TEG from its offices in Los Angeles, California, USA. You and TEG agree that all matters relating to your access to, or use of this Site will be governed by the laws of the United States of America and the State of California, without regard to the conflicts of laws principles thereof. You and we also agree that the California courts, state and federal, located in Los Angeles County, will have exclusive jurisdiction over any disputes relating to or arising out of this Agreement, and you and we agree to personal jurisdiction in those courts.