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MUSICONHOLD.COM TERMS OF SERVICE
MusicOnHold.com provides you, the site user, with access to its content, resources, tools for communication, commerce platforms, and other services relating to the business world of on hold messaging. Through the MusicOnHold.com web site (“Website”) you are provided various information free of charge and a wide variety of paid services. Your use of this web site is limited by these terms of service.
MusicOnHold.com may incorporate advertisements and sponsorships into the MusicOnHold.com web site. MusicOnHold.com makes no submission about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within this web site for any purpose. The web site is provided "as is" without warranty of any kind. MusicOnHold.com hereby disclaim all warranties and conditions with regard to the use of this web site.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This web site is provided to you under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by MusicOnHold.com as part of the Terms of Service. These Terms of Service comprises the entire agreement between you and MusicOnHold.com and supersedes any prior agreements pertaining to the subject matter contained herein. Your using the MusicOnHold.com web site, or any of the MusicOnHold.com products or services, means that you agree to these Terms of Service.
MODIFICATION OF THESE TERMS OF USE
MusicOnHold.com reserves the right to change any of the terms, conditions, and notices under which this web site is offered. You are responsible for regularly reviewing these terms and conditions including changes/modifications if any incorporated by us from time to time. Your continued use of this web site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION TO 'THE SERVICE'
Musiconhold reserves the right to modify or discontinue, temporarily or permanently, this web site or any of the products or services offered herein, without notice to you at any time and from time to time. You agree that MusicOnHold.com shall not be liable to you or any third-party for any modification or discontinuance of this web site or any MusicOnHold.com products or services.
USER CONDUCT
You also hereby agree that you shall not make use of MusicOnHold.com web site, or any products or services offered herein, for any commercial purpose other than those approved of by MusicOnHold.com or any of MusicOnHold.com's partners or service providers.
Registration Obligations
As a condition of your use of MusicOnHold.com's web site and products and services, you agree to provide: (a) true, accurate, current and complete information about yourself as required by the any requested registration form (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, MusicOnHold.com has the right to terminate all services to you and refuse any and all current or future use of any MusicOnHold.com products or services (c) MusicOnHold.com has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services. You have also consented to MusicOnHold.com the right to use your registration information to provide targeting of advertising and other service offers. This could be also be used to customize the content you see, to fulfill your requests for certain products and services and to contact / intimate you about special offers or new products. You may not use any MusicOnHold.com product or service in the violation of any civil or criminal law, or in violation of any federal or state regulation, code or statute.
We may serve advertisements to this site or work with a third party to serve the advertisements. Advertisements placed on the site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that MusicOnHold.com has the right to run such advertisements and promotions.
LIMITATION OF LIABILITY
You expressly understand and agree that MusicOnHold.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, other intangible losses, regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise (even if MusicOnHold.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use any service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
CONTENT PROVIDED TO THE MUSICONHOLD.COM
MusicOnHold.com does not claim ownership or responsibility over the "content" (in the form of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials) in that some content is provided by third parties.
CONTENT MADE AVAILABLE THROUGH THE SERVICE
All content provided at this web site, and through any products and services offered via MusicOnHold.com are copyrighted and protected by copyright laws.
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to you by MusicOnHold.com and its affiliates, advertisers and partners, or other MusicOnHold.com users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, you are only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), the Services or the Advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Services or the Advertiser.
INDEMNITY
You agree to indemnify and hold MusicOnHold.com and its parents, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use MusicOnHold.com's web site, products or services, your connection to this web site, your violation of the Musichonhold.com Terms of Service or any other provision of the TOS, or the infringement or misappropriation by you, or a third party using your computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts, or your violation of any rights of another.
TERMINATION
The User agrees that MusicOnHold.com may terminate your account or use of this website, or any MusicOnHold.com products or services if MusicOnHold.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or has violated the rights of MusicOnHold.com or other users or parties, or if you fail to pay for any product or service as requested by MusicOnHold.com.
NOTICE
Notices to you may be made via online announcements, either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
MusicOnHold.com may broadcast notices or messages through the Services to inform User of changes to the TOS, the Services, or other matters of importance; such broadcasts shall constitute notice to User.
GENERAL
We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction. Jurisdiction for any legal matters regarding MusicOnHold.com is exclusively held to be in the State of Michigan .
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of the State of Michigan excluding its conflict of law provisions. User and The Service agree to submit to the exclusive jurisdiction of the courts of the State of Michigan . Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
ASSIGNMENT
No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, MusicOnHold.com shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
No Agency
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
Severability
If any provision(s) of the TOS is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Waiver
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.
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