Agreement

PLEASE READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

FreeingMusic Site Terms of use

FreeingMusic.com, Inc., (“FM”) owns and operates FreeingMusic.com (“Website”).  This Terms of Use agreement (the “Agreement”) states the terms and conditions under which a user (“User”) may access and use the Website. 

1.      Acceptance of Terms of Use.  By accessing and using the Website, User hereby accepts and agrees to the Agreement’s terms and conditions.  Should User NOT accept the terms and conditions, User must neither access nor otherwise use the Website.  FM hereby reserves the right to alter the Agreement at its sole discretion and without notice.
 
2.      Age Limitations.   The Website is intended to be accessed and utilized by Users who have attained the age of majority in their respective country.  By accessing and using the Website, User hereby represents, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian’s consent.  User hereby affirms that it is, at a minimum and without exception, 13 years old.  The Website is not intended to be accessed or utilized by children less than 13 years of age.
 
3.      User Content.  The Website may provide features which allow users to post or submit content (“User Content”) to or through the Website including, without limitation, photographs, messages, commentary, documents, images, files, or any other information or audiovisual material.  User is solely responsible for User Content that it posts or submits to or through the Website.  FM does not monitor or approve User Content posted or submitted to the Website by any other User.  FM may, in its sole and unfettered discretion, edit, remove, or delete any User Content.

As a condition of accessing and using the Website, User agrees not to post or submit User Content that:

a.     is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation; 
b.    violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder; 
c.     promotes malice or harm of any kind against any group or individual; 
d.    solicits user passwords, financial information, or personal identification for unlawful purposes; 
e.     contains a virus, spyware, malware, or harmful software; or
f.      constitutes junk mail, unsolicited mass mail, or spam.
 
The foregoing is only a partial list of the kind of User Content which is prohibited on the Website.  FM reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Website and terminating the violator's Website access.
 
By posting or submitting User Content on the Website, User automatically grants, and warrants that it has the right to grant, to FM and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license (“License”) to use and promote the User Content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose (“Purposes”).
 
User hereby waives, represents, and warrants (“Waiver”) that it has obtained the waiver of any and all moral rights in User Content that it submits or posts on or through the Website including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
 
User represents and warrants that it has obtained all necessary consent and authority from any individual whose likeness appears in any User Content which User posts on or submits to the Website to: 1) post and submit such content on or to the Website; and 2) permit FM and its licensees, affiliates, and successors to use such content for the aforementioned Purposes. 
 
User further represents and warrants that FM’s exercise of any of its rights under the License will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights. 
 
4.     General Use of Website.  User agrees to act responsibly.  User agrees NOT to:

a.     use any content or information available through the Website for any unauthorized purpose;
b.    interfere with or damage the Website including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
c.     collect, store, or distribute any information about any other user other than in the course of the permitted use of the Website;
d.    impersonate any person, company, or entity;
e.     modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website or any software used on or for the Website; or
f.      assist any third party in doing any of the foregoing. 

 

5.     Interactions with Other Website Users.  User is solely responsible for its interactions with other Website users including the User Content User posts and User’s messages to other Users.  FM shall not be responsible for any damage or harm resulting from User’s interactions with other users of the Website.
 
User understands that FM does not screen users.  FM makes no representations or warranties as to user conduct.  FM reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any User Content which FM considers prohibited. 
 
All messages sent between users may be reviewed by FM for compliance with this Agreement, but will be treated as private to the extent required by applicable law.  User is solely responsible for all interactions with other users.  User is implored to not provide financial information of any type to other users.
 
6.     Links.  The Website contains links to other internet sites and resources, and User hereby acknowledges and agrees that: 1) FM shall not be responsible for the availability of such external sites or resources; and 2) FM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.  User agrees that FM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such website or resource.
 
7.     Proprietary Rights.  All Website content, including User content, is protected under international law and is owned by the original Content owner/creator/artist.  The copyright to all such Content remains with its original owner. Unless expressly authorized, and with the exception of a User’s own User Content, User agrees not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from content available on the Website.

 
 
8.     Registration.  User may be asked to register with the Website to create a User account (“User Account”).  When creating its Account, User hereby agrees to: 1) provide accurate and complete information (“User Information”) as prompted by any Website registration form; and 2) maintain and promptly update his/her User Information to keep it accurate and complete.  User will be limited to creating only one (1) User Account per verified email address.  FM reserves the right to suspend or terminate User’s access to and use of the Website, or any portion thereof, on the basis of inaccurate or incomplete User Information.
 
User authorizes FM and its licensees, affiliates, successors, and assigns to collect, use, store, and disclose User Information for marketing purposes.
 
User may be required to select a username and password when completing the registration process.  User is solely and fully responsible for maintaining the confidentiality of its own username and password, and User is solely and fully responsible for all activities occurring under your username and password.  User agrees to: 1) immediately notify FM of any unauthorized use of User’s username and password or any other breach of security; and 2) ensure that User logs off from its account at the end of each session.  FM shall not be liable for any loss or damage arising from User’s failure to maintain the confidentiality of its username and password.
 
9.     Reserved.
 
10. Limits on Liability.  FM, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns (“FM Parties”) shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or relating to: 1) the Website’s availability; 2) the acts, omissions, or conduct of any user or third party, whether online or offline; 3) any Website or User Content; 4) any goods or services acquired as a result of any information obtained or transactions entered into through the Website; 5) any use of goods or services made available on any internet resource or webpage linked to the; or 6) the disclosure, alteration, or use of any User Content or User Information.
 
The FM Parties aggregate liability to User or any third party, in any matter arising from or related to the Website or the Agreement, shall not exceed the sum of one hundred dollars ($100). 
 
User’s access or use of any third party website or internet resource linked to or from the Website, or User’s use of goods or services from third party websites or internet resources linked to or from the Website, is made at User’s own risk.  User hereby releases the FM Parties from any damages User suffers from User’s access to third party website or internet resources, and User agrees not to make any claims against the FM Parties arising from any purchase or acquisition of goods and services made available through the Website or through third party websites or internet resources.

FM provides services from facilities in the United States of America and makes no representations that the Service is appropriate for use in other countries. Users, using the site from other jurisdictions do so at their own decision and are responsible for compliance with local law.

The FM Parties shall not be liable for any damages resulting from the failure, by any party, to protect User passwords or account information.  The FM Parties shall not be liable for any failure or performance delay under the Agreement due to circumstances beyond the FM Parties’ control including, but not limited to, natural catastrophes, governmental acts, laws or regulations, terrorism, labor strikes or difficulties, communication system interruptions, hardware or software failures, transportation interruptions, or any inability to acquire materials or supplies. 
 
11. Indemnification.  User agrees to indemnify, defend, and hold harmless the FM Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any FM Party alleging that User Content posted or submitted to the Website infringes any of the third party’s rights; 2) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; or 3) any cost or expense FM incurs in enforcing this Section.  FM reserves the right to control the defense and settlement of any action or proceeding against any FM Party that User is bound to defend pursuant to the foregoing.
 
12. Termination.  FM, in its sole and unfettered discretion, may terminate User’s access to the Website for any reason including, without limitation, User’s breach of this Agreement.  User agrees that any termination of its access to the Website may be effected without prior notice, and User agrees that: 1) FM may immediately deactivate or delete any of User’s accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Website or User Content.  User agree that FM shall not be liable to User or any third party for any costs or damages of any kind for or resulting from any termination of User’s Website access.  FM reserves the right to block users from certain IP addresses from accessing the Website.
 
13. Discontinuance of Service.  FM reserves the right to modify or discontinue, temporarily or permanently, any portion of the Website without prior notice.  User agrees that FM shall not be liable to User or to any third party for any modification or discontinuance of any portion of the Website.
 
14. Take-Down Requests, DMCA.  FM expressly prohibits users from uploading, posting, or otherwise distributing through the Website any content which may violate another party's privacy, publicity, intellectual property, or other rights.  If any User believes any Website content violates or otherwise infringes upon any of User’s rights, User is encouraged to contact FM immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Website.  To make such a request (“Take-Down Request”), User should provide FM designated agent, listed below, with:
a.     The identity of the Offending Content in sufficient detail such that it can be readily located :
1)     Song/Music title(s) and artist(s), full URL for its page.
2)     Identify the type (music, lyrics, album image, etc.) and details (e.g. title, publisher, dates, etc.) of the copyright work which you own the rights to and which you believe has been infringed. I
3)     which country your copyright applies to
b.     Your full contact info including username, name, mailing address, email address, and telephone number
c.     User id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).
d.     Include the following statement: "I have a good faith belief that use of the copyrighted materials specified above is not authorized by the copyright owner, its agent, or the law."
e.     Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
f.       A valid signature from a person authorized to act on behalf of the copyright holder. If you are providing notice by email, scan the signed document and send to copyright@freeingmusic.com.
 
In accordance with the Digital Millennium Copyright Act (“DMCA”), FM has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Website content.  If you believe in good faith that material appearing on this website infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
 
Agent:              Copyright Compliance Manager
Address:           8171 Yonge St. Suite # 159,Thornhill, On, L3T 2C6, Canada
Phone:             1(206)-486-6065
Fax:                 1(206)-339-9065                      
Email:               copyright@freeingmusic.com
 
 
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
To file a counter notification with us, you must provide a written communication (by email, fax or regular mail) that sets forth the items specified below. Please note that you will be liable for damages (including attorneys' fees and costs) if you materially misrepresent that the content is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Your counter-claim must provide FM designated agent, listed below, with the following:
a.     Identity the specific Song/Music title(s), or other unique identifying information for the content FreeingMusic has removed.
b.     Provide your full contact info including username, name, mailing address, email address, and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Cook County, Illinois, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
c.     Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content specified above was removed as a result of a mistake or misidentification of the material to be removed."
d.     A valid signature. If you are providing notice by email, scan the signed document and send to copyright@freeingmusic.com.
 
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this website constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
 
FM will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
 
15. Disclaimer.  The Website and the entirety of its contents are provided “as is,” and FM hereby disclaims all express and implied warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose.  FM expressly disclaims any representation that:
 
a.     the Website will meet User’s requirements;
b.    access to the Website will be uninterrupted, timely, secure beyond FM’s reasonable control, or error-free;
c.     any information obtained through or from the Website will be accurate or reliable;
d.    the quality of any products, services, information, or other material purchased or obtained by you through the website will meet expectations;
e.     any User-provided information will not be disclosed, in the absence of User-provided approval, to third parties beyond FM’s reasonable control; or
f.      any data or software errors will be corrected.  
 
FM shall not be held responsible for technical malfunctions of any telephone system, cable system, computer equipment, server, provider, or software.  FM shall not be held responsible for any injury or damage to User’s computer resulting from use of the Website including, but not limited to, web page viewing, file downloading, or following Website links.  User accesses the Website at his/her own risk and is singularly responsible for any loss, damage, or costs incurred during such activity.  FM shall not be responsible for any incorrect or inaccurate content posted on the Website, regardless of the cause of such inaccuracy.  FM shall not be responsible for any conduct of any User of the Website.  FM shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of User’s communication.  No data or information obtained from FM or the Website shall create any warranty.
 
16. Miscellaneous.
 
a.     Choice of Law; Jurisdiction.  This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law.  Any proceeding arising out of or relating to this Agreement must be brought in the courts of Cook County, Illinois, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding will be heard and determined only in any such court and agrees not to bring any proceeding arising out of or relating to this Agreement in any other court.  The parties agree that either or both of them may file a copy of this Section with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objections to venue or to convenience of forum.  Process in any proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.  In any action at law or in equity to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements incurred both before and after judgment in addition to any other relief to which such party may be entitled.
 
b.    Severability.  If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
 
c.     Separability.  This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
 
d.    Merger.  This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein.  The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement.  No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
 
e.     Contact.  Any questions regarding these Terms of Use may be directed to FM’s administrators at termsquestions@freeingmusic.com.
 

Terms of Use and Contest Rules © 2012 FreeingMusic, Inc.

 

 

FreeingMusic.com Contest Rules

 

1.       Contest Sponsor.

This Contest is sponsored by FreeingMusic,Inc. (FM), owner of www.freeingmusic.com (“Website”). FM provides the Website as an internet location wherein individuals (“Users”) can upload audio content and view the content uploaded by other users with no entry fee. FM allows Users who register with the Website (“Members”) to upload and vote on audio content (“Member Content” or “Submission”). FM, in the interest of promoting use of the Website, the submission of Member Content by Members, and the registration by Users in order to do the same, will host monthly contests in which Members compete for prizes (“Contest Prizes”).

 

2.       Contest Terms.

 

2.1.     Occurrence. 

The Website's intent is to hold monthly contests (“Contest”) which shall begin at 12:01AM CST on the first day of each month and end at 11:59PM CST on the last day of each month (“Contest Period”).

FM will publish each Contest Period and specific details about each Contest on the Website’s “News” page. FM reserves the right to, in its sole discretion and without notice, modify the time of the Contest.

2.2.    Participation and Eligibility. Participation in the Contest shall be restricted to Members who uploaded Submission (“Participants”). Pursuant to the Website's Terms of Service Section II, Participants represent, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian's consent, and it is, at a minimum and without exception, 13 years old.

Participation is void where prohibited.

           Submission uploaded to the Website by Participant is automatically entered to participate in FM’s monthly contests for prizes.

FM RESERVES THE RIGHT TO ELIMINATE ANY PARTICIPANT FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, PARTICIPANT'S REFUSAL TO PERFORM, INAPPROPRIATE OR PROFANE COMMENTS OR CONDUCT DURING THE CONTEST ON THE PART OF PARTICIPANT, ILLICIT OR ILLEGAL ACTIONS ON THE PART OF PARTICIPANT, OR PARTICIPANT'S VIOLATION OF ANY TERM OF THIS AGREEMENT.

 

2.3.    Protocol.

2.3.1.        Structure. Prior to or during the Contest Period, Participant will be allowed to upload Submission in MP3 format to the Website. No other formats will be accepted.

2.3.2.       Voting. Site Members will be eligible to cast one vote per a Submission per calendar day, including Submission that Participant himself or herself uploads.

2.3.3.     Winning.

2.3.3.1.      Winners. The three (3) Participants that upload the Submission receiving the highest number of votes over the Contest Period shall be deemed the Winners.

2.3.3.2.             Voting Winners. At the end of each Contest Period, FM shall, at its sole discretion and on the basis of the number of votes received, select the three (3) Winners. In the unlikely case of a tie, the final Winners will be chosen at the sole discretion of FM. Each Submission can only be selected to win once per year.

2.3.4.       Prize Award. FM shall, in its sole discretion, decide what Contest Prizes will be awarded to the Winners for each Contest Period, and FM reserves the right to change the Contest Prizes at any time. The Contest Prizes for each Contest will be advertised on the Website’s “News” page. All decisions of FM are final and binding.

2.3.5.       Prize Notification. Contest results will be posted on the Website’s “News” page within three (3) days from the date and time of the termination of the Contest. Winners will also be notified by e-mail. Winners must respond to the notification e-mail within 10 calendar days from the date and time of the notification e-mail. If a response is not received within the allotted time frame, or if Winners are unable to claim the prizes or either unwilling or unable to provide the required identification materials or to sign the required Agreements in order to claim the prizes, replacement Winners will be selected at FM’s discretion pursuant to Section 1.3.4.2, and the Participant with the next-highest number of votes over the Contest Period who is eligible and able to fulfill the prize requirements will be deemed the replacement Winner and awarded the prize. These updated results will be posted on the Website’s “News” page and these replacement winners will be contacted via e-mail and have 10 calendar days from the date of the winner notification e-mail to confirm receipt of the winner notification e-mail. This method will continue until all winners have been confirmed. Depending on the nature of the Contest Prizes, specific details on the distribution of Contest Prizes may be given to Winners at the time of Prize Notification. Prize acceptance shall constitute and signify Winner’s agreement to the terms of the Contest Rules. Any costs, expenses, or taxes associated with the acceptance and use of any Contest Prize are the sole responsibility of the Contest Prize Winners. All Contest Prize details are at FM sole discretion, and the Winners may make no substitutions or assignment of a Contest Prize other than as specified in this Agreement. FM shall not be responsible or liable for its failure to contact potential winners. A potential winner, who fails to notify FM with any complaint or problem within three (3) days after winner's Submission is posted on the Website, forfeits their right to do so.

 

2.4.    Termination. FM reserves the right, in its sole discretion and without prior notice, to make changes to this Agreement or to terminate the Contest or this Agreement at any stage for any reason including, but not limited to, an insufficient number of Participants, insufficient financing or sponsorship, any potential legal issues that may arise relating to the Contest or this Agreement, or any violation of this Agreement by the Participant. Elimination from the Contest constitutes a termination of this Agreement. FM reserves the right, in its sole discretion, to decide whether Participant's conduct has violated any terms of this Agreement.

 

3.      Legalities.

 

3.1.    Grant. Participating in Contest and/or accepting a prize gives permission irrevocably and in perpetuity to FM and its subsidiaries and affiliates to, without additional compensation or royalty, except as prohibited by law,  use, adapt, reproduce, distribute, display, and publicly perform Participant's name, picture, Submission, visual likeness, biographical data, or any other information in connection with the Contest in whole or in part, worldwide, in connection with the promotional or marketing activities of FM and/or its subsidiaries or affiliates. Participant re-acknowledges and understands that any material it submits and/or enters into the Contest (e.g. Submission) may be used by FM pursuant to the Terms of Service.

3.2.   Representations and Warranties. The parties hereby represent and warrant that: (i) Participant has the right to the Submission and that each party has the legal right and authority to enter into this Agreement; (ii) the performances and the rights granted to each party hereunder shall not conflict with or violate any commitment or agreement either party has to any other person or entity hereunder or the full enjoyment by FM of the rights herein granted; (iii) each party shall perform its duties fully and to the best of its abilities; and (iv) the materials provided by either party shall not violate any law nor infringe upon nor violate any rights of any person, firm, corporation, or entity.

3.3.   Indemnification.

3.3.1.       Participant shall fully indemnify, defend, and hold harmless FM from and against any and all claims, losses, damages, expenses, and liability including, but not limited to, those for copyright infringement, suits arising from offering, promoting, advertising, sale, or authorized use of Submission by  FM.

3.3.2.      Participant has the right, but shall not be obligated, to maintain federal registration of the Submission. In the event that FM becomes aware of any claimed or alleged infringement of Submission by a third party, FM shall advise Participant of the nature and extent of such infringement or dilution within a reasonable time. In the event that FM sues or takes other action, legal, equitable, administrative, or otherwise, to stop an infringement or dilution of Submission, Participant shall cooperate fully with FM . In any legal action arising from use, or ownership rights of Submission, where both Participant and FM are co-parties, FM retains the right to control the litigation, including any and all settlement negotiations.

3.3.3.      If Participant is a minor, its parent or legal guardian hereby agrees to indemnify, defend, and hold harmless FM and all other Released Parties, as defined below, from and against any and all claims, costs, losses, damages, and expenses (including reasonable attorneys' fees) incurred by FM and any other Released Party arising out of or in connection with Released Claims, also defined below.

3.4.   Release. PARTICIPANT ACKNOWLEDGES THAT ANY ACCEPTANCE, PARTICIPATION IN, AND USE OF ANY PRIZE IS SOLELY AT PARTICIPANT'S OWN RISK. THEREFORE, PARTICIPANT, ON BEHALF OF ITSELF AND ITS ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASES, DISCHARGES, AND AGREES TO HOLD HARMLESS FM AND ITS AFFILIATES AND SUBSIDIARIES, ALONG WITH EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY) RELATING TO ANY CLAIM PARTICIPANT MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY LOSS OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY PARTICIPANT OR ANY THIRD PARTY AS A RESULT OF THE CONTEST, ANY USE BY FM OF PARTICIPANT'S NAME, VISUAL LIKENESS OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH PARTICIPANT'S ACCEPTANCE, PARTICIPATION IN, USE OF AND/OR INABILITY TO USE ANY PRIZE AWARDED TO PARTICIPANT, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE “RELEASED CLAIMS”). PARTICIPANT SPECIFICALLY UNDERSTANDS AND AGREES THAT THIS RELEASE WILL PREVENT PARTICIPANT AND ITS SUCCESSORS FROM BRINGING A LAWSUIT, CLAIM OR OTHER ACTION AGAINST FM OR ANY OTHER RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER LEGAL RELIEF FROM FM OR ANY OTHER RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.

3.5.   Applicable Law. This Agreement shall be governed by the laws of the State of Illinois, without reference to its choice of law rules. The parties to this Agreement hereby irrevocably and unconditionally agree that any suit, action, or proceeding arising out of or related to the Contest shall be brought only in the United States District Court for the Northern District of Illinois or in the Circuit Court of Cook County, Chicago, Illinois, and the specific choice from among the foregoing shall be determined by the party initiating such suit, action or proceeding. To the fullest extent permissible by law, Participant hereby consents to the personal jurisdiction, venue, and forum of such courts and hereby irrevocably and unconditionally waives any claim or objection that it is not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument.

3.6.   Severability. If any provision of this Agreement is found to be unenforceable in any respect by a court, it is my intention and understanding that this Agreement shall nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable. To the extent permitted by applicable law, I hereby waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Sponsor or any Released Party under this Agreement

3.7.   Acknowledgment. Participant acknowledges and agrees that its consent to the terms set forth above, consistent with the Website's Terms of Service, is material inducement for FM to award a Prize to it and FM would not do so in the absence of Participant's consent as evidenced its execution of these Contest Terms.

3.8.   Merger. This Agreement, along with the Website's Terms of Service, constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral.

Terms of Use and Contest Rules © 2013 FreeingMusic, Inc.




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