LiveMusicMatch (LMM) is an extension of CashorTrade.org (Cash or Trade, LLC)
The PURPOSE of this website is to help connect people who love live music.
LMM provides you with the ability to post your profile. A profile consists of a headline, a content message, some questions pertaining to your characteristics, profile, habits and personality. It also contains a question and answer fill in the blanks section and an either/or section. You have access to an correspondence platform assessable to members and a photo gallery. Using this website in any way means you are agreeing to these terms. If you disagree with this website in any way, your only option is to stop using it immediately.
The LiveMusicMatch web site located at [www.cashortrade.org/livemusicmatch or a redirect from www.livemusicmatch.com] (“Site”), which is owned and operated by Cash or Trade, LLC (“COT,” “we,” or “us”). By using the Site after having been afforded an opportunity to review the following terms and conditions concerning your use of the Site ("Terms"), you are indicating that you agree to follow and be bound by the Terms. These Terms were last revised on 4/16/2011.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for Content that you post, email or otherwise make available via the Site. You understand that COT does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on such Content, and that under no circumstances will COT be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that COT does not pre-screen or approve Content, but that COT shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site.
2. Proprietary Rights
The Site is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of COT. You further agree not to reproduce, duplicate or copy Content from the Site without the express written consent of COT, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site. Although COT does not claim ownership of content that its users post, by posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to COT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to any public area of the Site, you automatically grant COT all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
3. You agree not to:
• Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited), contact anyone who has asked not to be contacted or "stalk" or otherwise harass anyone; • Delete, modify or attempt to change or alter any of the Content on the Site; • Use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site; • Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations; • Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine or collect personal data about other users for commercial or unlawful purposes; or • Email, or otherwise make available Content: • that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; • that includes personal or identifying information about another person without that person's explicit consent; • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; • that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; • that a reasonable person would consider harassing, abusive, threatening, obscene or excessively violent, or constitutes a breach of any person’s privacy or publicity rights or hate speech • that violates or encourages other to violate any applicable law; or • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.
4. Use of Interactive Components of Site
We may charge fees to post Content in some areas of the Site. The fee is an access fee permitting Content to be posted in a designated area. All fees paid will be non-refundable.
Certain product, service, or company designations for companies other than COT may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where COT is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
7. Modifications To Terms
COT may change these Terms from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
8. Termination of Site/Modifications To Site
COT reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. You acknowledge and agree that COT will not be liable to you or any third party in the event that COT exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
9. Privacy; Passwords
10. Other Sites, Content, Products and Services
11. Disclaimers and Warnings
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. COT MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
12. Limitation of Liability
IN NO EVENT SHALL COT OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SUCH PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless COT and its affiliates, shareholders, directors, officers, employees, contractors and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with (a) your use of or access to the Site or the Content or your linking to or emailing the Site, (b) the violation of these Terms by you, (c) the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity, or (d) your submission of any Content or material to COT or the Site or from any person's use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The offer or advertisement of stolen property on the Site is strictly forbidden, and violates state, federal and international law. For all tickets you describe or offer on the Site, you warrant that your descriptions of the tickets accurately detail and describe the tickets offered. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding exchange or selling value of the tickets. COT does not monitor, obtain, nor have any knowledge of the face value of tickets listed on the Site. You agree that COT is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf.
You agree that COT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that COT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release COT, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
14. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Burlington, VT in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the State and Federal Courts located within Burlington, Vermont for any action (i) to compel arbitration, (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act,
17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) 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; (d) Information reasonably sufficient to permit us to contact the complaining party; (e) A statement that the complaining party has 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 (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Cash or Trade, LLC
PO Box 248
Johnson, VT 05656
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
18. Contact Information
If you have any questions regarding these Terms or the Site, please contact COT at info(at)cashortrade.org