Overview

Access to and use of the Polymath Digital, LLC, d.b.a. Music for Makers, (“Music for Makers”) web site, features and services contained therein (“Musicformakers.com Site”) is subject to and governed by the policies, terms and conditions set forth herein. Your access to and use of the Music for Makers subscription service, is subject to the terms and conditions contained herein. You should carefully read and review the notices, disclaimers, limitations, terms, provisions and conditions set forth herein. Your use and access to the Musicformakers.com Site indicates your acceptance of these Subscription Terms and Conditions (“Terms and Conditions”). These Terms and Conditions shall supersede any prior terms or conditions whether or not such terms or conditions are signed by Music for Makers. Music for Makers reserves the right to make changes to this service and any content related thereto and these Terms and Conditions at any time and without notice. Music for Makers reserves the right to make product information and pricing changes without notice. Music for Makers assumes no liability for the use of any content or information posted on the Musicformakers.com Site or your download and use of any content therefrom. Music for Makers reserves the right to refuse service, deny access, terminate accounts, and/or cancel orders for any reason in its sole discretion, including without limitation, if Music for Makers believes that customer conduct violates these Terms and Conditions, any applicable law or is harmful to the interests of Music for Makers.

Access

In order to place orders and/or download any content, you must enter your login credentials. You agree to safeguard your login credentials and refrain from disclosing your login credentials to any third party. Any unauthorized disclosure by you of your login credentials shall be deemed a violation of these Terms and Conditions and will result, at Music for Makers’ option, in immediate termination of your access to the Musicformakers.com Site. The Musicformakers.com Site is owned and operated by Music for Makers. Unless otherwise specified, all materials appearing on the Musicformakers.com Site, including text, site design, logos, graphics, icons, trademarks, tradenames, layouts, servicemarks, artwork, illustrations, depictions and images, as well as the selection, assembly and arrangement thereof, are the sole property of Polymath Digital, LLC, Copyright © 2016. ALL WORLDWIDE RIGHTS RESERVED. All software and content used on the Musicformakers.com Site is the sole property of Music for Makers or those vendors supplying the software and content. Content is not to be resold or used for any other purpose except as expressly permitted herein. No materials from the Musicformakers.com Site may be copied, reproduced, modified, republished, uploaded posted, transmitted, or distributed in any form or by any means without Music for Makers’ prior written permission or except as specifically permitted herein. All rights not expressly granted herein are reserved. Any unauthorized use of materials appearing on the Musicformakers.com Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are trademarks or service marks of Music for Makers or its third party suppliers. The use of any Music for Makers trademark or service mark without Music for Makers’ express written consent is strictly prohibited.

Subscription and Music License

The Musicformakers.com Site permits users to access certain features available in connection with the Musicformakers.com Site (“Free Features”) through the registration of an email address for a subscription to access the Free Features (“Subscription”). The Musicformakers.com Site permits users to access certain additional features available in connection with the Musicformakers.com Site (“Paid Features”) through the purchase of an annual subscription (“Paid Subscription”) or the purchase of music from the Music for Makers catalogue of songs (“Paid Account”). The Paid Subscription shall be for one year. The annual fee associated with the Paid Subscription shall be non-refundable. The fees associated the Paid Account shall also be non-refundable.

The Free Features include the right to access and use one free song sent via email to the account you registered in accordance with your Subscription per week (“Weekly Song”). The Weekly Song will be available for download from your email for a seven day period, upon the expiration of which your right to access the Weekly Song will be terminated. Upon download of the Weekly Songs, you are licensed to use the Weekly Songs in any manner you choose so long as you have a Subscription with Music for Makers; provided, however you may not sell or redistribute the Weekly Songs solely in its current form.

The Paid Features include the same access to the Weekly Song as under the Free Features, and in addition includes the right to access and use any song purchased from the Music for Makers catalogue of songs. Upon download of any of the catalogued songs or the Weekly Song, you are licensed to use any of the songs in any manner you choose so long as you have a Subscription or Paid Account with Music for Makers; provided, however you may not sell or redistribute any of the catalogued songs or Weekly Songs, solely in its current form.

Permitted Use

Your use of the Musicformakers.com Site shall be limited to viewing and ordering audio, web, and print content as specifically permitted as a licensee of Polymath Digital, LLC including the right to download and manage media.

Restriction on Musicformakers.com Site

The Musicformakers.com Site contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Musicformakers.com Site to a human perceivable form, except as specifically permitted herein. SCREENSHOTS, PRINTED IMAGERY AND ELECTRONIC IMAGE FILES PRODUCED FROM THE MUSICFORMAKERS.COM SITE IS PERMITTED FOR USE ONLY IN INTERNAL DOCUMENTS AND MAY NOT BE DISTRIBUTED OR USED FOR PUBLIC CONSUMPTION. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE MUSICFORMAKERS.COM SITE OR ITS OPERATING SOFTWARE OR ANY PART THEREOF WITHOUT THE EXPRESS WRITTEN CONSENT OF MUSIC FOR MAKERS; PROVIDED YOU WILL BE PERMITTED TO SHARE ANY REPORTS PURCHASED IN CONNECTION WITH ANY SUBSCRIPTION, AS HEREINAFTER DEFINED.

Third Party Content / Providers

You further acknowledge that certain content provided on the Musicformakers.com Site is subject to certain restrictions and limitations set forth in certain license agreements to which Music for Makers is subject (“Third Party Licenses”). Your strict compliance with the restrictions contained herein is necessary to insure Music for Makers’ compliance with any Third Party Licenses which Third Party Licenses may be modified from time to time. You further agree to be solely responsible for any requirements of any Third Party Providers accessed with respect to the Musicformakers.com Site, including but not limited to, any credit processors (“Third Party Providers”), and you agree to hold Music for Makers harmless with respect to any claims for damages as a result of any Third Party Provider.

No Unlawful or Prohibited Use

As a condition of your use of and access to the Musicformakers.com Site, you will not use the Musicformakers.com Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Copyright and Trademark

Copyright © 2016 Polymath Digital, LLC. All rights reserved. Any unauthorized use of materials appearing on the Musicformakers.com Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are registered trademarks, copyrights or service marks of Music for Makers. All other trademarks or service marks are property of their respective owners. The use of any Music for Makers trademark or service mark without Polymath Digital, LLC’s express written consent is strictly prohibited.

Links

The Musicformakers.com Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Music for Makers is not liable or responsible for the operation of or content located on or through any such site. The material available on these sites has been produced by independent providers that are not affiliated with Music for Makers and you assume all risk in connection therewith. Any content, opinions or recommendations expressed are solely those of the independent providers and are not the opinions or recommendations of Music for Makers.

User Content

If applicable, you agree to be responsible for any and all materials, content, photographs, etc., posted by you on the Musicformakers.com Site (“User Content”) and Music for Makers assumes no responsibility to verify the appropriateness, accuracy or usefulness of any User Content. Music for Makers reserves the right to reject any User Content and deny access for users for any reason. You hereby grant to Music for Makers a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the User Content that you post on or through the Musicformakers.com Site, subject to Music for Makers Privacy Policy.

You represent and warrant that: (i) you own the User Content posted by you on or through the Musicformakers.com Site or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of the User Content on or through the Musicformakers.com Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Musicformakers.com Site; (iv) you have the legal right and capacity to enter into these Terms and Conditions; and (v) you agree to indemnify and hold Music for Makers harmless for any claims, damages or causes of action arising from the posting of any User Content, including but not limited to, any claims of infringement.

You understand that any User Content you voluntarily disclose for posting to the Musicformakers.com Site may be available to the public. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content to the Musicformakers.com Site.

By uploading any User Content, user acknowledges that any User Content shall become the exclusive property of Music for Makers.

Disclaimer and Limitation of Liability

ALL SERVICES AND CONTENT DELIVERED ON THE MUSICFORMAKERS.COM SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE CONTENT MAY NOT BE CURRENT, ACCURATE OR COMPLETE. MUSIC FOR MAKERS, DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUSES, OR THAT IT WILL ALWAYS BE AVAILABLE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, MUSIC FOR MAKERS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE OPERATION AND CONTENT, INCLUDING THE ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS OR USEFULNESS THEREOF OF THE MUSICFORMAKERS.COM SITE. IN ADDITION, SOME CONTENT APPEARING ON THE MUSICFORMAKERS.COM SITE HAS BEEN PROVIDED BY THIRD PARTIES. MUSIC FOR MAKERS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY INFORMATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS OR USEFULNESS THEREOF OR THAT SUCH INFORMATION. ANY CLAIM FOR DAMAGES BY YOU HEREUNDER SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO MUSIC FOR MAKERS UNDER ANY CURRENT SUBSCRIPTION THAT YOU ARE SUBJECT.

Indemnification

You hereby agree to indemnify and hold harmless Music for Makers, along with any Third Party Providers, for any claims or damages asserted by any party arising from your or your representatives’ use of the Musicformakers.com Site along with any claims resulting from your violation of any term set forth herein.

Personal / Billing Information

Information submitted to Music for Makers through forms on the Musicformakers.com Site or otherwise is governed by the Music for Makers Privacy Policy, which is available on the Musicformakers.com Site.

Refund Policy

While Music for Makers makes every effort to maintain the Musicformakers.com Site to provide 100% availability, Music for Makers shall not provide any refunds with respect to any unexpected outages with respect to the Musicformakers.com Site. Any orders made by you under the Musicformakers.com Site are final and not subject to refund by Music for Makers.

Severability

Should any provision of this Agreement be declared unenforceable, then such provision shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. All rights not specifically granted in this Agreement are reserved by Music for Makers.

No Waiver

Failure of Music for Makers to enforce any term, provision or condition of these Terms and Conditions in whole or in part shall not be deemed a waiver of such term, provision or condition, nor the right to enforce such term, provision or condition or any other term, provision or condition contained herein.

Term and Termination

These Terms and Conditions are effective until terminated or modified by Music for Makers. Music for Makers may terminate these Terms and Conditions and your access to the Musicformakers.com Site with respect to you or any other third party without notice at any time for any reason. In addition, in the event that Music for Makers determines, in its sole discretion, that you have breached any of these Terms and Conditions, Music for Makers reserves the right to terminate access to the Musicformakers.com Site and take any other action which Music for Makers, in its sole discretion, deem to be appropriate. Any and all obligations of user herein, including user’s indemnification obligations, shall survive the termination or expiration of any Subscription.

General

You further agree that these Terms and Conditions is the complete and exclusive statement of the agreement between Music for Makers and you which supersedes any proposal or prior agreement, oral or written, and any other communication between Music for Makers and you relating to the subject matter of these Terms and Conditions. No variation of the terms of these Terms and Conditions or any different terms will be enforceable against Music for Makers unless Music for Makers gives its express consent, including an express waiver of the terms of this Agreement, in a writing signed by an authorized officer of Polymath Digital, LLC. This Agreement shall be governed by the applicable laws of the State of Tennessee. The parties hereto submit to the exclusive jurisdiction of the courts of the County of Shelby, State of Tennessee. All rights in any materials not specifically granted in this Agreement are reserved by Polymath Digital, LLC.