Terms of Use and Copyright Agreement

(Effective JANUARY 5th, 2010)

NOTE – even though we are real humans who are mainly focused on helping create an amazing work environment for folks, it is still important to have this Agreement in place. Basically all it says is if you’re up to no good and wanting to re-release our music in any way without a Licensing Agreement, we’re covered and you’re not so you may as well just not. 

So, we must ask you to: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to ASOMAssagemusic.com, owned and operated by Asoma Music ("we," "us," or "Asoma Music.”) Asoma Music provides this website and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between ASOMAssageMusic and you, the Site visitor and/or member ("you", "your"), with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.

By becoming a member and using the Site, you agree to respect and uphold the terms of this Agreement, all applicable laws and regulations. The Site's Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any licenses or indemnifications. 

USE OF MUSIC

Music is for your professional setting and personal enjoyment. Any file-sharing, while difficult to police, is still looked upon with disgrace. 

Licenses are available upon request for health + fitness, yoga, instructional DVDs, TV, stage or online productions,  or any media of any nature. Your membership with ASOMAssageMusic.com does in no way allow the use of any of its Titles in any of these or other forms unless secured with our licensing department. 

Code of Conduct

You agree to respect the rights of others and exercise good judgment.

You agree that you will not:

  • Use Music contained on Site for any purpose other than spa/massage treatment. Written consent must be obtained from Asoma Music before Music is placed on any media including DVD, CD, TV production, any internet-based media production, on-hold messaging, live dance production, stage event, or other use.
     
  • Use the Site for any commercial purpose, such as conducting sales of tickets, merchandise or services of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling anything of any kind unless you clear it with our Affiliate manager.
     
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
     
  • Frame" or "mirror" any part of the Site without our prior written authorization;
     
  • Link to any page of or content on the Site other than the URL located at http://www.asomassagemusic.com
     
  • Harvest or collect information about Site visitors or members without their express consent;
     
  •  Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
     
  • Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals.

User Content

We allow Members to make contributions to the Site including, without limitation, creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively "User Content"), through blog.  By submitting any User Content to the Site, or by posting such User Content to any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), adapt, modify, distribute, have distributed and promote, make, have made, sell, offer for sale, import and commercialize the User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in ASOMAssageMusic's sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. 

Yes, that last paragraph was almost one sentence. Unreal. But wait – there’s more!!!

You also hereby waive any so-called moral rights or other similar rights in your User Content. No User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If ASOMAssageMusic does decide, in its sole discretion, to attribute any User Content to you, you hereby grant ASOMAssageMusic the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name

By submitting User Content you certify that you either (i) are eighteen (18) years old or are an emancipated minor and have the right to submit the User Content and grant the licenses provided hereunder, or (ii) have obtained your parent's or legal guardian's express consent to submit the User Content and to grant the licenses provided hereunder.

In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to ASOMAssageMusic under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and this Agreement or, if such persons are minors, the written consent, release, and/or permission of such minor's parent or legal guardian. You agree not to submit or post any User Content that: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) is pornographic or sexually explicit, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) is used to impersonate or claim the identity, characteristics or qualifications of any other person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (viii) exploits minors in a sexual or violent manner, (ix) promotes, condones or encourages illegal activity or ix) is generally offensive or in bad taste.
 

Membership

When and if you register to become a member, you agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (ii) maintain and update your information (including your email address) to keep it accurate, current and complete. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
 

As part of the registration process, you will be asked to select a password. User Names will be your e mail address. Your user name and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for any and all activities (including purchases, as applicable) that are conducted through your account. You agree not to share your user name and password, and agree not to transfer or resell your use of or access to the Site to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by emailing us at info@asomassagemusic.com.

Billing and Payment

In joining ASOMAssageMusic, you agree to pay the non-refundable membership fee in the online order form (the "Order Form"), as well as any fees and charges related to purchasing merchandise at the Site or through the Site from one of our business partners. We reserve the right to change membership fees and other charges by notifying you sixty (60) days in advance of the effective date of the change. If you do not agree to any such change, your sole remedy will be to terminate your membership and account. If you do not terminate your membership and account, you will be deemed to have agreed to the change. Fees and other charges shall be invoiced in accordance with the terms and conditions set forth both in this Agreement and the Order Form. All payments shall be made in U.S. currency. You agree to pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due ("Due Date"). 

Cancellation

Your initial membership fee is non-refundable. However, you may cancel your membership by providing us written notice within thirty (30) days following the date of your initial membership fee. You must notify us at least fifteen (15) days prior to the first day of the next calendar month to avoid being charged the fee for such month. For security, all cancellation requests must be made by the primary contact person on the account who must provide sufficient identification. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. You may cancel online by visiting the Login Page: http://www.asomassagemusic.com/member_login/home_page.php
 

Subject to your compliance with the terms and conditions of this Agreement, you may only download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal and professional Health+Wellness service-related use. ASOMAssageMusic cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. 

The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by Asoma Music in conjunction with others pursuant to contractual arrangements, and will remain the property of Asoma Music and its licensors and suppliers. The Site is protected by Canada and U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
 

Links

The Site contains links to other Internet websites, including affiliated websites which may or may not be owned or operated by Asoma Music. Unless otherwise explicitly stated, Asoma Music is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites. Asoma Music is providing these links to you as a helpful resource for your wellbeing and others’. 

Claims of Copyright Infringement

We respect the intellectual property rights of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides information for copyright owners. See the following site for more on the DMCA:

http://www.loc.gov/copyright/

Disclaimers

THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ASOMASSAGEMUSIC AND ITS PARENTS AFFILIATES, LICENSORS, ADVERTISERS, and SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE. 

Indemnification

You agree to indemnify, defend and hold ASOMAssageMusic Membership, Asoma Music, Artist and Artist's management, and each of their parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site.
 

Translations

As a convenience to our members, we have occasionally and in our sole discretion provided versions of these Terms in languages other than English (each, a "Translation"). We have attempted to make the Translations accurate, but we cannot be responsible in the event of any errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in meaning between a Translation and these Terms, these Terms in the English language shall govern and be given precedence. Furthermore, we do not provide any customer service in any language other than English, and cannot take responsibility for any problems or issues that may arise as a result of this fact.
 

Changes may me made periodically to the Site, which we may provide notification by means including, without limitation, posting a revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "Last Updated" legend at the top of this Agreement. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
 

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of North America. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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