Disclaimer

General

a. This Agreement (Agreement) governs the relationship between Create Music Group, Inc., a private corporation with limited liability under United States law, registered in Delaware, (Provider) and the users of its services (User(s)), including but not limited to the use of the website https://createmusicgroup.com/ (Website); its applications, including but not limited to, Splits®, Client Portal, Create Licensing, Account Management, Client Management, & Create Expert; its network; and its personalized support (altogether: Services). By accepting this Agreement in the Registration Procedure, User agrees to comply with all of the terms and conditions hereof and agrees to abide and be bound by the Privacy Policy and Terms of Service. This Agreement may be modified by Provider at any time. A modified Agreement shall be effective immediately after posting on the website https://createmusicgroup.com/. User agrees to be bound individually to this Agreement, regardless of the location of use or the purpose of use. The right to use the Services is personal to User and is not transferable to any other person or entity.

Registration

a. Accessing Services, requires registration by means of the Registration Procedure. This registration requires User to submit a limited amount of personal information (compulsory fields) such as full name, e-mail address, nationality, gender, location (city and country). Only after the Registration Process is completed, User will be granted credentials with which access to the Services is granted. Provider may, at its on discretion or upon certified request of User(s) also re-assign credentials to its users.

Obligations

a. User
  • User agrees not to share confidential or proprietary information.
  • User guarantees that all data relating to him or her and provided by him or her is accurate and updated if necessary.
  • agrees to keep his or her sign-in credentials safe and confidential.
  • User accepts full responsibility for any actions that are committed through his or her account.
  • User guarantees that the content shared by User through the Services is not illegal and does not infringe the rights of third parties.
  • User shall indemnify the Provider against claims by third parties, of whatever nature, in relation to this data. In particular, User guarantees that he will not share information that:
    • is harmful to others;
    • contains personal information of other people, without permission;
    • falsely states or disguises his or her identity;
    • is discriminatory or obscene;
    • infringes on Intellectual Property;
    • contains viruses, worms or any code or hyperlinks that are harmful to computer software, computer data, or other equipment.
b.

Use of Services by User for the purpose of unsolicited or unauthorized advertising (such as “spam” or “harvesting”) is not permitted. Personal data shared by other users through the Services may not be used by the User for other purposes, such as sending commercial information by e-mail, facsimile, SMS, MMS, mail, messenger applications and the like. User will not circumvent or override any security measures taken by the Provider.

c.

User indemnifies Provider, its subsidiaries, affiliates, employees or directors, and holds Provider, its subsidiaries, affiliates, employees or directors harmless for all damages and costs related to claims from other parties that are a result of the content he or she submits through the Services and/or concerning his or her non-compliance to this Agreement.

License grant

a. User grants Provider a license that is royalty-free and non-exclusive, irrevocable, worldwide, perpetual, assignable, unlimited and assignable and sub-licensable, as regards all the information shared by the User through the Services, with which license Provider may publish, copy, alter, and distribute this information. Personal data is excepted from this license.

Privacy Policy

a. This Privacy Policy is supplemental to the greater Privacy Policy of CMG Sign-in which can be found at https://auth.createmusicgroup.com/privacy

b. Provider will undertake suitable measures to protect User’s privacy. Provider may change security procedures on its own discretion.

c. The mandatory personal data that is requested in the registration procedure serves the purpose to verify your identity and authorize you to our Services. Unless otherwise stated in the relevant section, we may also make use of your personal data to send you information about Provider and its products and/or services.

d. After registration, Users that are connected to Provider have exclusive access to Services that are not available to the public at large. After logging in, User will be able to add sensitive & personal data, besides the data that is required for registration to the Website. This information may be seen by other connected Users. User explicitly agrees to be solely responsible for the sharing of this data.

e. If Provider needs to call in help from third parties to process your personal data, such parties will not be given permission to use your personal data in any other way than as outlined by Provider. If a situation arises whereby a third party should ask Provider leave for inspecting your personal data, Provider will merely supply your personal data to such a third party after it has adequately provided a necessity to justify such use. Provider will never intentionally release or sell your personal data.

f. User explicitly accepts the use of cookies on Services. Provider may use cookies or similar means to collect other information while User is using Services, as e.g. what specific parts of our website are visited, and what services User uses via the Website. This information is collected by Provider to better fine-tune its products to the user’s interests and requirements. Cookies may also be used to accelerate future activities on Services.

g. Statistics about the site may be used to personalize experiences on Services and to evaluate statistics about the use of the website – anonymous and as the overall result. Information about your computer, as for instance your IP address, the type of Internet browser as well as the type of operating system you use, may also be collected.

h. If User has questions as regards this privacy policy, notices abuse of personal data, or wishes to file a complaint, or have data amended or deleted, he or she is requested to contact the Provider as indicated under “Notification”.

Disclaimer / Intervention Provider

a. User cannot rely on the Services from Provider or any information contained in these Services, due to their nature. All services and information are provided on an “as is” basis. Provider does not endorse, support, sanction, encourage, verify or agree with the information relating to the Services. Any information or material placed through the Services, including advice and opinions, are the views and responsibility of those making the comments and do not represent the views of Provider. Provider is not responsible and not liable for the use, misuse or misappropriation of information contained in these Services. Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material relating to the Service, without notice. Provider may modify and replace their Services at their own discretion. The Provider cannot guarantee that the Services will be available or accessible at all times and without errors or interruptions. Provider has no obligation to store or maintain the content that is shared by the User through the Services. Provider disclaims all warranties, including but not limited to warranty as regards the accuracy or fitness of data. Provider is not responsible for the delivery of any messages that are sent by Users through the Services.

Limitation of Liability

a. Provider, its subsidiaries, affiliated companies, employees or directors are not liable or in default for an omission that is a result of strikes, riots, war, government instructions, fire, explosions, theft, floods, or any comparable cause that are not in the direct control of the Provider. Provider, its subsidiaries, affiliated companies, employees or directors, are not cumulatively liable for any damages that are a result of errors made or wrong information disclosed by the User and/or any other users of the Services unless the damages ensue from willful misconduct, gross negligence or wilful recklessness of the Provider. Provider, its subsidiaries, affiliated companies, employees or directors, are not cumulatively liable for any damages that are a result of actions from third parties that are used for the provision of its Services unless the damages ensue from willful misconduct, gross negligence or wilful recklessness of the Provider.

b. In the instance, Provider is liable for direct and attributable damages, Provider is only cumulatively liable for any damages that do not exceed three times the monthly fee that is paid for a subscription and if such monthly fee cannot be determined to exceed an amount of Five hundred U.S. dollars ($500).

c. Provider, its subsidiaries, affiliated companies, employees or directors, are not liable for any immaterial damages, consequential damages, loss of use, profit, revenue, or data, regardless on which grounds the liability is claimed.

d. In the event that a limitation of liability cannot be maintained due to a court ruling or a lawfully mandatory provision, payment of damages is limited to the maximum amount that is paid by the Provider’s liability insurance.

Notice and Takedown

a. The Provider is entitled to act immediately in relation to any act from the User. User is obliged to remove information immediately on request of the Provider. If User does not respond to this request, Provider is entitled to remove the information or to prevent access to this information.

b. If a conflict arises between the User, other users, and/or another party, the Provider cannot be required to assess the validity of the claims of third parties or of the User’s defense. Provider thus cannot become involved in a dispute between the User, other users, and or a third party. However, Provider will remove information or User accounts as a whole after he has received a properly substantiated claim as regards the acts from a particular user that are unlawful or in breach of this Agreement. After receiving a complaint, Provider may also prohibit a User to contact certain other users of the Services.

c. If User suspects that any material used on the Website, constitutes an infringement on Intellectual Property, please send notice to the Provider. If User wishes to file a complaint as regards the acts of other users of the Services, please send notice to the Provider.

Termination

a. User has the right to terminate this Agreement subject to the terms agreed to at sign-up for any particular Service. Provider may terminate the Agreement and Account at any time and for any reason, with or without notice. Termination is effective immediately.

Dispute Resolution

a. This Agreement is governed by the laws of the United States, and specifically, the State of New York. Any disputes arising from or related to this Agreement will be submitted to the competent court of New York, NY.

Severability

a. If one or more provisions of this Agreement appear to be invalid, the remainder of the Agreement will remain unaffected. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that matches the intent of the original provision.

No Waiver

a. Failure of the Provider to enforce any part of this Agreement shall not constitute a waiver of any of Provider’s rights under this Agreement.

Notification

All notifications to Provider mentioned in this Agreement shall be carried out:

i. By e-mail support@createmusicgroup.com with the subject Attn: CMG Sign In.
ii. By regular mail: Create Music Group, Inc., Attn: CMG Sign-In, 1320 N. Wilton Pl, Los Angelese, CA 90028

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