TERMS OF SERVICE

 

 

Use of MP3Masher.com constitutes full acceptance of and agreement to the following terms and conditions (the “Terms”); if a user does not accept these Terms, he or she is not granted rights to use MP3Masher.com and should refrain from accessing MP3Masher.com now or in the future.

 

MP3Masher is designed to allow fans of music to create original musical works – MP3s.  Our library of sound bites and effects allows you to create fun mp3s for use on your PC, MP3 player and more.  Keep coming back as we will be constantly adding to that library.  You can record or create your own sound bites and upload them to our site for use in creating a dope mix or mash-up.  If you own the copyright to a musical work then feel free to upload it and mash away.  Warning:  Merely buying a song does not give you the right to copy it or make a derivative work from it.  You would need a license to do so.  So mash away and enjoy!

 

You understand that all information, data, text, graphics, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated.  This means that you, and not the designers and maintainers of MP3Masher.com.com, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via this service.  MP3Masher.com does not control the user content posted via this service and, as such, does not guarantee the accuracy, integrity or quality of such user content.  You understand that by using this service, you may be exposed to user content that is offensive, indecent or objectionable.  Under no circumstances will MP3Masher.com be liable in any way for any user content, including, but not limited to, for any errors or omissions in any user content, or for any loss or damage of any kind incurred as a result of the use of any user content posted, emailed, transmitted or otherwise made available via this service.

 

You agree to not use this service to: transmit or otherwise make available any content that is unlawful, harmful, abusive, threatening, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a MP3Masher.com employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this service; transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or collect or store personal data about other users.

 

You acknowledge that MP3Masher.com does not pre-screen user content, but that MP3Masher.com shall have the right (but not the obligation) in its sole discretion to refuse or move any user content that is available via this service.  Without limiting the foregoing, MP3Masher.com shall have the right to remove any user content that violates the Terms or is otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any user content, including any reliance on the accuracy, completeness, or usefulness of such user content.  In this regard, you acknowledge that you may not rely on any user content created by MP3Masher.com or submitted to MP3Masher.com.

 

You acknowledge and agree that this website may preserve any user supplied content and may also disclose said content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any user content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MP3Masher.com, its users and the public.

 

Any attempt to violate system integrity by breaking system security, or any attempt to alter or destroy data belonging to another user will cause revocation of the offending account.  You will receive a password and account designation upon completing this service's registration process.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

 

You agree that MP3Masher.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of this service, and remove and discard any content within this service, for any reason, including, without limitation, for lack of use or if MP3Masher.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms.  MP3Masher.com may also in its sole discretion and at any time discontinue providing this service, or any part thereof, with or without notice.  You agree that any termination of your access to this service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that MP3Masher.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this service.  Further, you agree that MP3Masher.com shall not be liable to you or any third-party for any termination of your access to this service.

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE AND ANY RELATED FEATURES OR SERVICES (THE “SERVICE”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  MP3MASHER.COM 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 AND NON-INFRINGEMENT.

 

MP3MASHER.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MP3MASHER.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MP3MASHER.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MP3MASHER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

In order for us to comply with COPPA we do not allow minors under the age of thirteen (13) years of age to create an account using this service.

 

We reserve the right to change the terms of service at any time.

 

You acknowledge that you have read and understand these Terms and that these Terms have the same force and effect as a signed agreement. You should print a copy of these Terms and keep it with your records.

 

Please refer also to our Privacy Policy.