Terms and Conditions
Description of Service, Acceptance of Terms, Modification
Major Spins, LLC. ("MajorSpins") Radio Airplay provides users ("Users") of the web pages located at Majorspins.com, and their associated subdomains including but not limited to Majorspins.com (the "Site") with a platform for the discovery and promotion of music, the sharing of information and comments about music, functions, or services on the Site (collectively, the "Service" or "Airplay Service"). The Service will include the cataloging, indexing, sharing and streaming of User Content.
This Agreement sets out the legally binding terms between you and MajorSpins. This Agreement applies to all Users of the Service. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the "Agreement"). MajorSpins may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
MajorSpins may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. MajorSpins may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular MajorSpins services, you and MajorSpins shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, MajorSpins may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MajorSpins properties, shall be subject to this Agreement.
1. You must have permission to upload all of your content and make it available worldwide (without restriction), or you must have obtained permission from the relevant rightsholder(s).
2. MajorSpins may use your tracks solely for its internet radio streaming service.
3. The license you grant to MajorSpins is non-exclusive (meaning you are free to license your Content to anyone else in addition to MajorSpins), fully-paid and royalty-free (meaning that MajorSpins is not required to pay you or anyone else deriving rights from you for the use on the MajorSpins Services of the Content that you post), sublicensable (so that MajorSpins is able to use its affiliates, subcontractors and other partners such as Jango.com, Internet content delivery networks and wireless carriers to provide the MajorSpins Services), and worldwide (because the Internet and the MajorSpins Services are global in reach).
4. MajorSpins does not claim any ownership rights in your content. You will continue to own your content and can use it in any way that You choose.
MajorSpins is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service, including all associated software, logos, text, and graphics, but excluding User Content (defined below). You agree not to display or use any MajorSpins's intellectual property without MajorSpins's prior permission.
License and Site Access
MajorSpins grants you a limited license to access and make personal use of the Service. You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of MajorSpins. Any musical work made available via the Service is intended for Streaming only. Streaming meaning the transmission of an audiovisual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time listening and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing any musical work for any purpose or in any manner other than Streaming is expressly prohibited. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Service is for the personal use of Users only and may not be used in connection with any commercial endeavors except those may be specifically endorsed or approved by the management of MajorSpins from time to time. Illegal and/or unauthorized use of the Service, including collecting usernames, email addresses or User Content of other Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site or other illegal purposes will be investigated. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MajorSpins. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of MajorSpins and our affiliates or other Users. You may not use any meta tags or any other "hidden text" utilizing MajorSpins's name or trademarks without the express written consent of MajorSpins.
Any unauthorized use terminates the permission or license granted by MajorSpins. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to MajorSpins so long as the link does not portray MajorSpins, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MajorSpins logo or other proprietary graphic or trademark as part of the link without express written permission.
Account, Password, Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify MajorSpins of any unauthorized use of your password or account or any other breach of security , and (ii) ensure that you exit from your account at the end of each session. MajorSpins cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or MajorSpins has reasonable grounds to suspect that you have not, MajorSpins has the right to suspend or terminate your account and refuse any and all current or future us of the Service.
You agree to not use the Service or export any portion of the Service, including the User Content (defined below) in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
Uploaded Content, Reviews, Comments, Etc.
You must have the right to submit the material to us for our use. You should only submit to us songs and recordings that you are authorized to allow us to publicly stream ("perform"), because you own or control the public performing rights.
By providing any material to us, you certify: that you own or control the publishing rights to the material; that you are giving us permission to put it up on MajorSpins.com for streaming, without restriction.
By uploading Your Content, You grant to MajorSpins a non-exclusive license (including the right to sub-license for all purposes related to the MajorSpins service (such as, for example, embedding the MajorSpins player on third party websites or as personal blogs)) throughout the world to:
(a) communicate and make Your Content available on the Radio Airplay service; and (b) to copy and otherwise exploit Your Content as necessary for all purposes associated with the MajorSpins service.
You shall deliver to MajorSpins:
(a) Copies of the master versions of Your Content from which MajorSpins shall be entitled to make copies for the purpose set out in this Agreement;
(b) All necessary, related artwork for use by MajorSpins in connection with the marketing and promotion of your content. MajorSpins may encode or transcode Your Content, but shall not modify it.
Please choose carefully the words, information, content, messages, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, display or make available on the Site or through the Service and any such content that you provide or make available to other Users (collectively, "User Content"). You are responsible for all User Content, as set forth below.
Any photographs posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and MajorSpins assumes no responsibility or liability for this material.
MajorSpins reserves the right, in its sole discretion, to reject, refuse to post or link to or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. MajorSpins has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. MajorSpins takes no responsibility and assumes no liability for any User Content.
Unless we indicate otherwise, if you do post or link to User Content, you grant MajorSpins and its affiliates a nonexclusive, perpetual, irrevocable, and fully sublicensable right to use, display, perform, reproduce, publish, and distribute such User Content throughout the world via the Service. You grant MajorSpins and it affiliates the right to use the name that you submit in connection with such User Content. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and MajorSpins’s use thereof.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. MajorSpins reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and terminating the membership of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright (including CDs and tracks you may have purchased), or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xii) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
You agree to abide by the terms of this Agreement, and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) collect or store personal data about other Users; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. (v) reverse engineer or decompile any elements of the Service.
Without limiting other remedies, MajorSpins and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and MajorSpins in any way on more than one occasion.
You are solely responsible for your interactions with other Users of the Service. MajorSpins reserves the right, but has no obligation, to monitor disputes between you and other Users.
Use & Storage
You acknowledge that MajorSpins may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on MajorSpins’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MajorSpins has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that MajorSpins reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that MajorSpins reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.