Legal Terms and Conditions
ACCESS AND SECURITY
To protect the integrity of the process for commercial distribution of new music and to comply with legal requirements for royalties on copyright, access to the Promo Only MPE system is restricted to authorized users employed by Record Companies, Radio Stations and Authorized Users as indicated by the various Record Companies.
When you are added to the Promo Only MPE system, you are assigned a Username and a password generated at random by the system. This Username and Password will be emailed directly to you. You will be solely responsible for maintaining the secrecy and confidentiality of your Username and Password, and you must notify Promo Only MPE immediately of any breach of security, such as loss, theft or unauthorized disclosure. Until you notify Promo Only MPE of the loss and/or theft of your Username and Password, you will remain liable for use of the Promo Only MPE system.
Promo Only MPE or the copyright owner has the sole and unfettered discretion to revoke your rights of access to the Promo Only MPE system at any time and for any reason whatsoever.
USE OF THE PROMO ONLY MPE SYSTEM
The Promo Only MPE system has been established to allow you, as an authorized user, easy and instant access to new music releases and associated promotional materials (“CONTENT”) for the sole purpose of previewing those new releases and downloading new releases selected. You agree that you will use the Promo Only MPE system solely for these purposes, and in particular you will not:
- Permit individuals who are not authorized users to access the Promo Only MPE system, to audition CONTENT contained on it;
- Unless otherwise authorized by the applicable copyright owner(s), modify, translate, distribute or create derivative works from the CONTENT downloaded from the Promo Only MPE system;
- Unless otherwise authorized by the applicable copyright owner(s), recopy or redistribute CONTENT downloaded from the Promo Only MPE system;
- Remove any proprietary notices or labels on CONTENT; or
- Add to, alter, or delete CONTENT, except as may be specifically contemplated by these conditions of use or expressly authorized by Promo Only MPE and/or copyright owners of the CONTENT.
Promo Only MPE or the copyright owner retains the right, exercisable in its sole discretion, to modify, suspend or terminate the privileges of any authorized user who abuses or appears to abuse the Promo Only MPE system by using them for purposes other than previewing new releases or downloading.
ACCURACY OF CONTENT
Promo Only MPE provides a conduit for delivering to authorized users audio and video files, information and links as inputted by the various Record Companies relating to new music releases. Information and links associated with the audio files can include but not limited to artist name, song title, release date, artist image, promotional info and similar material.
Given the large volume of material supplied by the Record Companies and included on the Promo Only MPE system, Promo Only MPE cannot and does not guarantee, warrant or endorse the accuracy, reliability, legality, decency or copyright compliance of any of this material or of any material on any third party websites whose links are placed on the Promo Only MPE system by Record Companies.
Promo Only MPE represents and warrants that all music releases and associated materials available on the Promo Only MPE system are sourced from and provided by the respective Record Companies that have chosen to participate in the Promo Only MPE system. Promo Only MPE further represents and warrants that the Record Companies have authorized such releases and materials to be so available under the conditions set forth herein.
Except as otherwise provided for above, Promo Only MPE provides the Promo Only MPE system on an "as is" basis and expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Promo Only MPE system. In no event shall Promo Only MPE be liable for any indirect, incidental, punitive, consequential damages of any kind whatsoever with respect to the Promo Only MPE system.
YOUR PRIVACY
Promo Only MPE respects the privacy of all authorized users. Except as set out below, Promo Only MPE does not disclose any personal information relating to you as an authorized user without your express written consent, which consent may be expressed in your agreement with Promo Only MPE or in a written variation or amendment of it.
Promo Only MPE does disclose to Record Companies;
- Your name, e-mail address, call letters, city and state, to enable them to notify you from time to time of new releases added to the Promo Only MPE system
- Reporting usage, including the number of times and dates each new release is previewed by streaming, download, burn or export
The Promo Only MPE system contains links to other radio, record and affiliated music industry websites. These websites may have privacy policies that differ from those of Promo Only MPE. You should carefully check them when you visit those websites.
DIGITAL RIGHTS MANAGEMENT
The Software includes a digital rights management system ("DRM") designed to manage and enforce intellectual property rights in the content. Owners of the content are using DRM to protect the integrity of their content and to ensure that their intellectual property, including copyright, is not misappropriated, and to ensure that their content is used in accordance with content usage rules, which the content owner may properly apply. These content usage rules are attached as metadata to each data file, which comprises each audio track, and are published when the authorized user opens that data file. You may not take any action to circumvent the security or content usage rules provided or enforced by the DRM or the Software.
CONFIDENTIALITY
You agree and acknowledge that the services provided by Promo Only MPE are proprietary and confidential. Accordingly, you agree to maintain and keep confidential all information disclosed to you relating to Promo Only MPE, its services, and not to disclose that information to any third party without our express permission. We request that you use the same care and discretion to avoid disclosure, publication or dissemination of our Promo Only MPE information as you use with your own similar confidential information which you do not wish to disclose, publish or disseminate.
