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Members Agreement

You acknowledge and agree that the following Terms of Use constitute a legally binding agreement (hereinafter the “Agreement”) between you (hereinafter the “USER”) and Breakmysong Inc., Breakmysong, inc (“Breakmysong or “we”) operates Breakmysong.com, which is a musical (recording artist), DJ social community platform that allows members to interact online with members (DJ’s and recording artist) all over the world in order to have their song/s played in clubs, on radio, online, podcast’s, social events, TV, and film.

Breakmysong services and features.
Breakmysong services are hosted in the United States. This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the Breakmysong Services. By accessing and/or using the Breakmysong Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Breakmysong Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Breakmysong Services without being registered) or you are a "Member" (which means that you have registered with Breakmysong). The term "User" refers to a Visitor Member or DJ. You are authorized to use the Breakmysong Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Breakmysong Services, you must indicate your acceptance of this Agreement during the registration process.

  1. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  2. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. harasses or advocates harassment of another person;
  4. exploits people in a sexual or violent manner;
  5. solicits or is designed to solicit personal information from anyone under 18;
  6. publicly posts information that poses or creates a privacy or security risk to any person;
  7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. urthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
  13. involves commercial activities and/or sales without prior written consent from Breakmysong such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph or video of another person that you have posted without that person's consent;
  15. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
  16. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
  17. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, , sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  18. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Breakmysong Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Breakmysong reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Breakmysong deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Breakmysong Services, you acknowledge that you will have caused substantial harm to Breakmysong, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Breakmysong $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Breakmysong Services;
  19. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Breakmysong Services;
  20. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  21. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Breakmysong Services other than your Content which you legally post on, through or in connection with the Breakmysong Services;
  22. providing or using “tracking” or monitoring functionality in connection with the Breakmysong Services, including, without limitation, to identify other Users’ views, actions or other activities on the Breakmysong Services;
  23. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Breakmysong page via HTML/CSS or any other means;
  24. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
  25. interfering with, disrupting, or creating an undue burden on the Breakmysong Services or the networks or services connected to the Breakmysong Services;
  26. impersonating or attempting to impersonate Breakmysong or a Breakmysong employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
  27. Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  28. selling or otherwise transferring your profile, your email address or URL;
  29. using or distributing any information obtained from the Breakmysong Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  30. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Breakmysong Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Breakmysong, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;
  31. relaying email from a third party's mail servers without the permission of that third party;
  32. using invalid or forged headers to disguise the origin of any Content transmitted to or through Breakmysong computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
  33. using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Breakmysong Website for the purposes of sending unsolicited or unauthorized material;
  34. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, indentified, misleading, malicious, or otherwise fraudulent; or
  35. using the Breakmysong Services in a manner inconsistent with any and all Applicable Law.