Terms and Conditions

Terms of Use

This page is the Terms of Use (Terms) under which you may use Pro Musician’s List (PML), an online service to post and search employment opportunities. PML allows Users to create individual profiles, which may include personal information (Profiles), and to make these Profiles, or aspects thereof, public. Please read these Terms carefully. If you do not accept the Terms stated here, do not use PML and its services. By using PML, you agree to be bound by these Terms. PML may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding.

Eligibility


You must be 18 years of age or older, or have permission from a parent or legal guardian to visit or use PML in any manner. By visiting PML, you accept these Terms, you represent and warrant to PML that you have reached the appropriate age or have permission from a parent or guardian, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to PML that you will use the site in a manner consistent with any and all applicable laws and regulations.

Use of PML Content


PML authorizes you to view and access a single copy of the content available on or from PML solely for your personal use. The contents of PML, such as text, graphics, images, logos, button icons, software and other PML content, are protected under both United States and foreign copyright, trademark and other laws. You agree not to sell or modify PML content or reproduce, display, publicly perform, distribute, or otherwise use PML content in any way for any public or commercial purpose. You further agree to, in no other way, misuse any PML content that appears on this Site. The use of PML content on any other Website or in a networked computer environment for any purpose is prohibited.

PML Site Restrictions


Users may not use PML in order to transmit, post, distribute, store or destroy material, including without limitation, PML Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. 


Users are also prohibited from violating or attempting to violate the security of the PML Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the PML Site, overloading, flooding, spamming, mail bombing or crashing; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. PML will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Specific Prohibited Uses


The profile and other features of PML may be used only for lawful purposes by employers seeking employees. PML Profiles may be used only for lawful purposes by individuals to network for professional purposes with other individuals. 


PML specifically prohibits any other use of PML, and all Users agree not to do any of the following: (a) post jobs or content on the PML Site that contains hyperlinks, hidden keywords or keywords that are irrelevant to the job or are otherwise misleading; (b) use any PML Profiles for any purpose other than as an employer seeking employees; (c) post or submit to PML any incomplete, false or inaccurate biographical information or information which is not your own; (d) send unsolicited e-mail, make unsolicited phone calls or send unsolicited texts regarding promotions and/or advertising of products or services to a User of PML; (e) delete or revise any material posted by any other person or entity; (f) take any action that imposes an unreasonable or disproportionately large load on any PML Site's infrastructure; or (g) aggregate, copy or duplicate in any manner any of the PML Content or information available from PML, without express written consent from PML. 
PML does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, PLEASE CONTACT US.

Registration Information


When you register with PML, you will be asked to create a PML Account and provide PML with certain information including, without limitation, a valid email address. Information you submit will be used in accordance with PML’s Privacy Policies. PML reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by PML or by third parties. 
You understand and acknowledge that you have no ownership rights in your PML Account, and that if you cancel your PML Account, all your account information from PML will be marked as deleted in PML’s databases and will be removed from any public area of the PML site. In addition, third parties may retain cached copies of your Information.

User Content and Submissions


You are solely responsible for your PML account information, employer account information or job postings, profile, content, messages, audio, video, photos, images, compilations or other information (User Content) that you post on PML or transmit to other Users. You agree that in submitting User Content you will not impersonate any person, or submit any materials to PML that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. PML acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, PML will review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of PML. PML reserves the right to expel Users and prevent their further access to PML and/or use of PML services for violating the Terms or applicable laws, rules or regulations. PML may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for PML, damage PML’s brand or public image, or cause PML to lose (in whole or in part) the services of its ISPs or other suppliers. 


PML does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, PML may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove the User Content. PML has no liability or responsibility to Users for performance or nonperformance of such activities.


We appreciate hearing from our Users and welcome your comments regarding your experience with our site. Please be advised that by submitting any comments, feedback, testimonials, or success stories, you are granting PML permission to use your comments, feedback, testimonials, or success stories (collectively, Feedback) for marketing purposes. PML shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively, Submission), the Submission shall be the property of PML. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. PML shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Username and Password


You are responsible for maintaining the confidentiality of your account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your PML registrations and passwords, whether or not authorized by you. You agree to immediately notify PML of any unauthorized use of your account, profile, or passwords.

Cancellation 


You can cancel your subscription at any time, effective immediately or set to expire at the end of the current month, from the Dashboard section of your PML account. By canceling your subscription, your account and all related information will be removed from our website. Information may continue to be available for some period of time based on business hours. In addition, third parties may retain cached copies of your Information.

Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others


PML and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of PML, you agree not to use PML to infringe the intellectual property rights of others in any way. We will terminate the accounts of any PML Users, and block access to PML of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

Disclaimer of Warranty


PML DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE PML SITE LEADS TO THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PML IS NOT RESPONSIBLE FOR THOSE COSTS. THE PML SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PML, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. PML MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PML CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


Disclaimer of Consequential Damages

IN NO EVENT SHALL PML, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE PML SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PML SITE AND ANY PML CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PML IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability


PML’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PML SITE OR YOUR USE OF THE PML CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $50.

Links to Other Sites


PML provides access to third party content and links. You understand and agree that we're only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy or obscenity. PML is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third-party Websites, you do so at your risk.

Indemnity


You agree to defend, indemnify, and hold harmless PML, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any User Content or other material you provide to the PML Site, your use of any PML Content, or your breach of the terms of these Terms. PML shall provide notice to you promptly of any such claim, suit, or proceeding.

Term and Termination


These Terms will remain in full force and effect while you are a User of PML at any level. PML reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from PML and immediate termination of your registration with or ability to access PML and any other services provided to you by PML, upon any breach by you of these Terms or if PML is unable to verify or authenticate any information you submit to PML. Even after you are no longer a User of PML, certain provisions of these Terms will remain in effect. These Terms constitute a binding agreement between you and PML, and is accepted by you upon your use of PML. By creating a profile, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.