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Welcome to MusicTalentDiscovery.com (MTD) App (hereinafter referred to as the “App”, “We”, “Us”, “Our”), owned and operated by RSG GLOBAL and its subsidiaries..
(hereinafter referred to as “the Company”) with its registered office located in Las Vegas, State of Nevada. The App is offered to users (hereinafter referred to as “You” or “Your”) for download conditioned on the user’s acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU DOWNLOAD THIS APP, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS OF USE.
Our App provides the online platform via which users can create their music talent videos and upload the same on the App and win various music talent promotions being conducted therein.
IN DOWNLOADING AND USING THIS APP, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY DOWNLOADING AND USING THIS APP AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1.2. “MusicTalentDiscovery.com” means the online platform via which users can create their music talent videos and upload the same on the App and win various music talent promotions being conducted therein.
1.3. "User/You/Your” means an individual/company which shall who downloads our App and creates music talent videos and uploads the same on the App to get votes and be promoted as being conducted therein.
1.4. “Services” means an online facility providing a platform wherein users can create their music talent videos.
1.5. “Account” shall mean the accounts created by the Users on our App to use the Services provided by our App and requires information such as name, address, contact number, etc.
1.6. "Content" means text, graphics, images, music, software, audio, video, information, or other materials.
1.7. "User Content" means all content that a user submits or transmits to us through email, feedback, comments, and messages on our App.
1.8. “Our App Content” shall mean all the Content that our app makes available through the Services, including any Content licensed from a third party.
1.9. "Collective Content" means User Content and our App Content.
2.1. The official language of these terms shall be English.
2.2. The headings and sub-headings are merely for convenience purposes and shall not be used for interpretation.
3.1. You may download, use the Service if you are at least thirteen (17) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any person under the age of thirteen (13) years accessing the app should do so only under parental guidance. If you are under the age of 17 years and using the App then it shall be deemed that you are using the App under parental guidance and the parents shall be liable for any activity carried out by their child on the App.
3.2. If you use our app on behalf of a music label company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity's behalf.
3.3. You must not be a competitor of our app or use our Service for reasons that compete with us or otherwise to replicate some or all of the Service for any reason.
3.4. Our App may, in its sole discretion, refuse to offer access to or use of the app to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the app is revoked in such jurisdictions.
3.5. Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
4.1. To avail of our music talent promotional services you shall be required to create an account with us. To create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or Twitter or Google accounts (each such account, a “Third-Party Account”).
4.2. If you access the Services through an SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You can disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
4.3. If you choose to register with us directly then you must register for an account with us (an "Account") and provide certain personal information such as username, email address, and password.
4.4. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our App cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your App account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.5. You agree to provide and maintain accurate, current, and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.6. When creating an Account, don’t:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to the rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene, or otherwise in bad taste.
4.7. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at: [email protected]
4.8. You may not transfer or sell your MusicTalentDiscovery.com (MTD) account and User ID to another party. If you are registering as a business entity, you guarantee that you have the authority to bind the entity to this Agreement.
4.9. Our Services are not available to temporarily or indefinitely suspended members. Our App reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our App reserves the right to refuse service to anyone, for any reason, at any time.
4.10. One individual can own only one account in his/her name.
4.11. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our App’s policies as stated in the Agreement and the App policy documents published on the App as well as all other operating rules, policies, and procedures that may be published from time to time on the App by Company.
Our App provides a platform wherein users can make their music talent videos, upload the same, and participate in various music talent promotions being conducted therein. To upload the videos, the users will have to make payments as listed on the App and per section 6 of the present document.
6.1. The user is required to make payments on the App through our payment gateway.
6.2. Users expressly agree and acknowledge that our App may employ or collaborate with third-party payment gateways using secure connections to facilitate, distribute, transact and receive payments for the Services offered and received on or through our App.
6.3. Our App reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our App may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third-party payment gateways and at no point, in time our App assumes any liability for any loss of data or wrongful payment, or invalid payment processing by such a third party.
6.4. Users agree that they will hold our App harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
7. MUSIC TALENT PROMOTION
Our App will conduct music talent promotion in which the users can upload their videos after paying the entry fees. The artist uploaded videos will be ranked to the top of the page based on maximum votes on the videos. The most voted video will be moved up the page and to the Top 100 section of the app. The App will only display the most voted videos to the Top 100 videos page. The App will also display the rules and regulations regarding the music talent promotion and the users will have to abide by the same to participate in the music talent promotion. The user understands that the App plays no role in the votes of the video and it will be the sole responsibility of the Participant to promote its videos. The user will not blame, claim or make Applicable for any results as the App will declare results only based on the votes on the videos. Any participant found indulging in malpractice to get votes, for example, using an automated votes on the app, etc. will be disqualified immediately and the account of such user will be terminated immediately.
8. MUSIC TALENT UPLOAD FEES AND CANCELLATION
The video upload fees for the music talent promotion are non-cancellable or refundable and thus users are advised to exercise their prudence while paying the entry fees and entering into music talent promotion. The App will not entertain any cancellation request.
9. USER CONTENT
9.1. UPLOADS AND OTHER DISTRIBUTIONS
I. Our Services may include forums and other opportunities for you and other users to Upload (as defined above) content and materials (upon Upload, “User Content”). When you upload any User Content, you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Content, including any Personality Elements (as defined below) in your User Content, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you. For instance, we and our partners may display advertising, promotions, and other content in connection with your User Content and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Content, but are not required to do so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Content against us, our licensees, our representatives, or other users. When you upload any User Content, you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Content as used or modified by us (collectively, “Personal Elements”).
II. When you upload any User Content, you represent and warrant that you own that User Content or those have sufficient intellectual property and proprietary rights to make the grants in these Terms. You agree to pay any monies owed to any party based on our and our licensee’s use of your User Content.
III. By checking the UGC permission box on the app during music talent upload, you’re explicitly permitting “MTD” to promote, post, re-post, monetize, share your music talent video(s), image and media contents to all social media platforms including, Facebook, Instagram, YouTube channels Twitter, offline files and many other internet platforms in the order to reach as many audiences as possible.
9.2. PUBLIC NATURE OF OUR SERVICES; DELETIONS
I. You acknowledge that you have no expectation of privacy or confidentiality concerning any User Content. While we may offer you the ability to upload User Content anonymously, we may still store your account information.
II. If you upload any User Content, you may not be able to remove it from our App’s Services. We make no guarantees to remove User Content from our services. Even if our Services allow you to delete User Content, we may retain the User Content in our backup files, which are not publicly available. We retain the right to make use of your Content following these Terms even after your User Content is deleted. You acknowledge that (I) deletion of your User Content from our Services will not result in, and we are not responsible for, the deletion of the User Content by third parties who previously had access to that User Content and (ii) termination of your account will not automatically delete User Content you uploaded.
III. We also reserve the right to limit the storage capacity of your User Content. You assume full responsibility for maintaining backup copies of your User Content and we assume no responsibility for any loss of your User Content, for instance, due to its removal by us.
9.3. NO RESPONSIBILITY FOR USER CONTENT; USER DISPUTES
I. We are not responsible for any User Content. Each user is solely responsible for the User Content that he or she uploads. You are responsible for any claims, losses, or damages relating to all User Content that you upload.
II. We have no obligation to investigate, monitor, or correct any User Information (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on User Information.
III. User Content may not reflect our views. We do not endorse any User Content that you or other users upload and we may remove or refuse to post any User Content that, at our sole discretion, is objectionable or violates these Terms. You acknowledge that you may encounter User Content on or through our Services that you find objectionable, offensive, or otherwise inappropriate and you shall have no right against us based on User Content.
IV. You are solely responsible for any interaction with other users of the App platform, and we reserve the right but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Platform
9.4. UPLOADS DO NOT GRANT YOU RIGHTS
I. Your User Content will not be acknowledged or returned. You upload any User Content voluntarily, not in confidence, and no confidential or fiduciary relationship exists between us or any other party and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Content in any way.
9.5. IDEA SUBMISSIONS AND FEEDBACK
I. We do not accept unsolicited submissions for any media, products, or services. Please do not make unsolicited submissions to us through our Services, including (1) Uploads of your User Content, (2) submissions through any third party social network, website, app, or other platforms, or (3) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of Content or programming in any media to your Submissions. If you make any Submission, or if you provide any comments, information, ideas, concepts, reviews or techniques or other communication you may send to us (“Feedback”), including via responses to questionnaires and other methods, Submissions and Feedback shall be deemed User Content and will be subject to the grants by you applicable to User Content (but not any rights concerning User Content) in these Terms. Our receipt of your Submissions or Feedback is not an admission by us of their novelty, priority, or originality and does not limit our right to music talent promotion intellectual property rights related to your Submissions or Feedback.
9.6. DESIGNATION OF AGENT
You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in this Agreement.
You are responsible for any User Content you upload and for any consequences, including the use of your User Content by others. You acknowledge that your User Content may be syndicated, broadcasted, published, or otherwise distributed by us or our partners. You also agree that our services may include a social network or integrations with other social networks and that your activities (e.g., video viewing, interactions with other users or advertisers) may be shared with others both on and off our Services.
9.8. THIRD PARTY SERVICES
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internets and wireless connectivity, mobile service, and other services needed for your access to and use of the Services, and you will be solely responsible for all charges related to them. You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third party terms of agreement when using our Services. You acknowledge and agree that these third parties may prohibit or restrict our certain Service features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of our Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.
10. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
10.1. Our App reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our App. Any person who knowingly and to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.
10.2. You acknowledge and undertake that you are accessing the services on the App and transacting at your own risk and are using your best and prudent judgment before making any purchases through the App.
9. YOU AGREE AND CONFIRM:
9.1. That you will use the services provided by our App, its affiliates, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the App.
9.2. You will provide authentic information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our App and/or other affiliated Apps without prior intimation whatsoever.
9.3. That you are accessing the services available on this App and transacting at your sole risk and are using your best and prudent judgment before entering into any dealings through this App.
9.4. It is possible that the other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the App and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the App, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the App you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the App. Please carefully select the type of information that you publicly disclose or share with others on the App.
9.5. You agree that you will not:
a. Restrict or inhibit any other user from using and enjoying the Interactive Features;
b. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
c. Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
d. Post or transmit any information, software, or other material which contains a virus or other harmful component;
e. Alter, damage or delete any Content or other communications that are not your Content or to otherwise interfere with the ability of others to access our App;
f. Claim a relationship with or to speak for any business, association, institution, or other organization for which you are not authorized to claim such a relationship;
g. Violate any operating rule, policy, or guideline of our Internet access provider or online service.
h. We reserve the right to charge you for the services in the near future if there is a significant change in our business model. We shall inform you about any such change by amending our User Agreement. You agree that Company reserves the sole right to change its business model and charge for the services being provided herein.
10. YOU MAY NOT USE THE APP FOR ANY OF THE FOLLOWING PURPOSES:
10.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
10.2. Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
10.3. You shall not create liability for us or cause us to lose (in whole or part) the services of our internet service provider ("ISPs") or other suppliers;
10.4. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the app or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the app or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the app. We reserve our right to bar any such activity.
10.5. You shall not attempt to gain unauthorized access to any portion or feature of the app, or any other systems or networks connected to the app or any server, computer, network, or to any of the services offered on or through the app, by hacking, password "mining" or any other illegitimate means.
10.6. You shall not probe, scan or test the vulnerability of the app or any network connected to the app nor breach the security or authentication measures on the app or any network connected to the app. You may not reverse look-up, trace, or seek to trace any information of any other User or visitor to the app, or any other customer, including any account on the app not owned by You, to its source, or exploit the app or any service or information made available or offered by or through the app, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your information, as provided for by the app.
10.7. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our app or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the app or our systems or networks, or any systems or networks connected to us.
10.8. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the app or any transaction being conducted on the app, or with any other person's use of the app.
10.9. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to us on or through the app or any service offered on or through the app. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
10.11. Interfering with any other person's use or enjoyment of the.
10.12. Breaching any applicable laws;
10.13. Interfering or disrupting networks or web Apps connected to the App.
10.14. Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
10.15. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Apps, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Apps, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for months, or to modify or discontinue our App, services. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
10.16. Further, we prohibit the transmission, distribution, or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit, debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
10.17. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, telephone numbers listed in the personals or any sub-category of personals, duplicate listings that contain more than 60% of the same characters, regardless of category, U.R.L. (Universal Resource Locator) or hyperlinks within an advertisement (except where allowed) or image, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements (SPAM).
10.18. Further, we prohibit the transmission, distribution, or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords, or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
10.19. We prohibit the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance, or regulation including the following:
I. Alcoholic beverages
II. Cigarettes or any other tobacco product for human consumption
III. Dangerous, counterfeit, or stolen goods
IV. Goods that do not exist
V. Any good that infringes or violates anyone's rights
VI. Any item which our sole discretion is inflammatory, offensive, or otherwise inconsistent with our standards of business ethics.
VII. Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate, or other languages that are deeply or widely offensive.
VIII. We strongly oppose SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of our services. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
IX. We also prohibit the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through our systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
X. You must NOT post any forms of advertisement on the app without prior permission from us.
All right, title and interest in and to the App is and will remain the exclusive property of our app and its licensors. The app service is protected by copyright, trademark, and other laws as applicable. Nothing in these Terms gives you a right to use the name of the app or app’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the app or located on the App.
12. INTELLECTUAL PROPERTY RIGHTS:
12.1. Our app, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this app. Access to this app does not confer and shall not be considered as conferring upon anyone any license under any of our app or any third party's intellectual property rights. All rights, including copyright, in this app, are owned by or licensed to us or third-party suppliers. Any use of this app or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our app. You cannot modify, distribute or re-post anything on this app for any purpose.
12.2. The app names and logos and all related services and our slogans are the trademarks or service marks of our app. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this app. Access to this app does not authorize anyone to use any name, logo, or mark in any manner.
12.3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this app (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the app for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this App is the property of our app or its suppliers and protected by copyright laws of the United States of America. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this app is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by our app, one of its affiliates, or by third parties who have licensed their materials to us and are protected by copyright laws of United States of America The compilation (meaning the collection, arrangement, and assembly) of all Contents on this app is the exclusive property of our company and is also protected by copyright laws of United States of America.
12.4. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Inappropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
12.5. If you believe in good faith that any material used or displayed on or through our app infringes your copyright, you (or your agent) may send us a notice at: [email protected] requesting that the material be removed, or access to it blocked, please provide us with the following information:
I. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
II. Identification of the copyrighted work claimed to have been infringed;
III. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
IV. Your contact information, including your address, telephone number and email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
V. A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
12.6. You should assume that everything that you see or read on this app is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our app or other copyright owners, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our app are subject to the trademark rights of our app, including our name and Logo, corporate logos, and emblems. Modifying, distributing, or using for any purpose the material in any of our app which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this app is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
12.7. We are not liable for content uploaded by users. All users are responsible solely for user content uploaded. The user is responsible for all damages, losses, claims, and disputes associated with the use of our app, website, or digital applications.
12.8. We would not accept any legal, casual, or implied obligation to monitor or investigate user content or information for completeness or accuracy. User Content is the user’s sole responsibility.
12.9. Users are solely responsible for resolving disputes of any kind with other users. MTC reserves the right to delete or block users if any terms and conditions are violated at our discretion, and without notice.
Users agree to defend, indemnify and hold harmless our app, its employees, directors, officers, agents, and their successors and assigns from and against all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or with the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
14. TERMINATION/SUSPENSION OF ACCOUNT:
14.1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the app (or any portion of the app). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the app affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you for material downloaded from the app, and the disclaimers and limitations of liabilities outlined in the Agreement, shall survive.
14.2. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
I. If we determine that you have breached, or are acting in breach of, this User Agreement;
II. If we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
III. If we determine that you have engaged, or are engaging, in fraudulent or illegal activities;
IV. You do not respond to account verification requests;
V. To manage any risk of loss to us, a User, or any other person; or
VI. For other similar reasons.
14.3. If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the app.
14.4. If we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
15. APP STORES:
15.1. Users acknowledge and agree that the availability of the App is dependent on the App Store from which users received the App license. Users acknowledge that the Terms are between users and us and not with the App Store. Our app, not the App Store, is solely responsible for its Properties, the content thereof, maintenance, support services, and warranty, therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App, users must have access to a wireless network or other internet-enabled networks, and users agree to pay all fees associated with such access. Users also agree to pay all fees (if any) charged by the App Store in connection with the Company Properties, including the App. Users agree to comply with, and their license to use the App is conditioned upon their compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Company Properties, including the App. Users acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
15.2. At some point we may wish to update the app. The app is currently available on Android (and for any additional systems we decide to extend the availability of the app to), the Apple store and may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
16. GOVERNING LAW AND JURISDICTION:
16.1. This Agreement shall be governed by and construed under the laws of the United States of America without regard to its choice of law principles.
16.2. The parties consent to exclusive jurisdiction and venue in the courts sitting in Nevada, United States of America.
17. RESOLUTION OF DISPUTES:
17.1. DISPUTE BETWEEN YOU AND US:
A. In the interest of resolving disputes between you and us most expediently and cost-effectively, you and we agree that any disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. The venue for arbitration shall be Nevada, United States of America.
c. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
18.1. The app is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the download and use of the app.
18.2. We make no warranty that the Services or App will meet your requirements or that the Services or your access to the App will be uninterrupted, timely, accurate, or reliable; nor do we make any warranty as to any information that may be obtained through the Services or App. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or App is done at your discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
18.3. The app provides content from other apps/Internet sites or resources and while our app tries to ensure that material included on the app is correct, reputable, and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the app. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
I. Your use of or your inability to use our App, Services, and tools;
ii. Delays or disruptions in our App, Services, or tools;
iii. Viruses or other malicious software obtained by accessing our App, Services, or tools or any site, Services, or tool linked to our App, Services, or tools;
iv. Glitches, bugs, errors, or inaccuracies of any kind in our App, Services, and tools or the information and graphics obtained from them;
v. The content, actions, or inactions of third parties, including items listed using our App, services, or tools or the destruction of allegedly fake items;
vi. A suspension or other action is taken concerning your account; and
18.4. To the fullest extent permitted under applicable law, our app or its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the app, its services or this User Agreement.
18.5. The Content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action based on the content on the App.
18.6. User understands and agrees that any information or material and/or goods or services obtained through the service is done at user's discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
18.7. No advice or information, whether oral or written, obtained by the user from us for free or through or from the service shall create any warranty not expressly stated herein.
a. We have employed the highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at: [email protected] upon becoming aware of any unauthorized access, any illegal online activity, or any other security breach on the app, your Account, or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to secure your password.
21. EXPRESS RELEASE:
You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from all liability for claims, damages (actual and/or consequential), costs, and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our App. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences. In addition, you expressly waive and relinquish all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
22. USER AGREEMENT AS DEFENCE:
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
23.1. Any notices must be given by electronic mail to us at; Attn: Legal Department [email protected]
23.2. In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
24. OUR SERVICE AND GUARANTEES:
Our app reserves the right to modify or terminate the app’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our app does not guarantee continuous, uninterrupted access to the app, and the operation of the app may be interfered with by numerous factors outside our control.
25. LINKS TO OTHER APPS:
26. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce every such provision thereafter. The express waiver by us of any provision, condition, or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.
28.1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld at our sole discretion.
28.2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
29. FORCE MAJEURE:
29.1. We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
I. Acts of god;
ii. Natural disasters;
vi. Shortage of supplies, equipment, and materials;
vii. Strikes and lockouts;
viii. Civil unrest;
ix. Computer hacking; or
x. Malicious damage.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our app. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our app. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by when you use this app.
31.1. Our app team may send you information about offers, notices, letters, and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at: [email protected] or by clicking the unsubscribe link in our emails sent to you.
31.2. You consent to receive notices and information from us in respect of the app and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
31.3. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgment that you can electronically receive, download, and print this Agreement.
31.4. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the app, you permit us to provide these records to you electronically instead of in the paper form.
31.5. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our app. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable time to process your withdrawal request. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
31.6. To ensure that we can provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at: [email protected]
32. REVIEWS, FEEDBACK, SUBMISSIONS:
32.1. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
32.2. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights (s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
32.3. Our website does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
32.4. You may upload to any Interactive Area or otherwise transmit post, publish, reproduce or distribute, on or through our website only Content that is not subject to any Intellectual Property Rights or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on our website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by RSG GLOBAL,; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to us the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit us to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted for such Content.
32.5: All music talent PROMOTIONs understands and agrees that they must be an independent, unprofessional, unsigned artist not associated with any other recording contract in any country at the time of their entry into the MTD talent music talent promotion. Being associated with any other recording or professional performance company automatically disqualifies the music talent PROMOTION from all winnings. No exceptions.
33. COPYRIGHT & TRADEMARK:
33.1. Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of MusicTalentDiscovery.com or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
33.2. Monthly Talent music talent promotion (MusicTalentDiscovery.com) names and logos and all related products and services and our slogans are the trademarks or service marks of RSG GLOBAL,. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.
33.3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by United Kingdom laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by our website, one of its affiliates, or by third parties who have licensed their materials to us and are protected by their respective jurisdiction laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by their respective jurisdiction laws.
33.4. If you learn of any unlawful material or activity on our website or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
33.4.1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
33.4.2. Identification of the copyrighted work claimed to have been infringed;
33.4.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
33.4.4. Your contact information, including your address, telephone number, and email address;
33.4.5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
33.4.6. A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
33.4.7. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Inappropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
33.4.8. Notices regarding our app or website should be sent to [email protected]
34. DIGITAL SIGNATURE:
34.1 By participating in our MTD App talent discovery music talent promotion, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our MTD App talent discovery music talent promotion. Your Account registration constitutes an acknowledgment that you can electronically receive, download, and print this Agreement.
35. ENTIRE AGREEMENT:
The Agreement, in connection with the other obligations, policies, and rules detailed in writing on the app, constitutes the entire agreement between you and the app "RSG GLOBAL, and its subsidiary".
36. CONTACT US:
For any further clarification of our Terms and Conditions, please write to us at: [email protected]
**MTD App May Potentially Contain Nudity, Pornography, and Profanity**