(Updated on March 6, 2013)
Welcome to Tianyinmusic.com!
1.2 You may not use the Site and the Services if
(a) you are not of legal age to form a binding contract with Tian Yin Music, or
(b) you are not permitted to receive any Services under applicable laws.
1.3 You acknowledge and agree that Tian Yin Music may amend any Terms and Services at any time. You agree to review the Agreement periodically to be aware of such modifications. By continuing to use the Site and the Services, you agree that the amended Terms and Services will apply to you.
2. Use of the Site and Services
2.1 Subject to the Terms, Tian Yin Music grants you a limited, royalty-free license to view the text, images, graphics, video clips, sound, directories, files, listings, and other contents of the Site (the “Contents”). By accessing and using the Site and Services, you agree that you will comply with all applicable laws and regulations.
2.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that you will not copy, reproduce, download, re-publish, sell, distribute or re-sell any Services or Contents of the Site for any purpose that is not expressly permitted in the Terms.
2.3 You are not granted any right to use Tian Yin Music’s trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Tian Yin Music.
2.5 Tian Yin Music may allow you to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the sites. You acknowledge that Tian Yin Music has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
2.7 The Site may only be used for lawful purposes. You agree not to undertake any action that may undermine the integrity of the Site.
3.1 Capacity. Visitors must register as a Registrant in order to make use of certain features offered through the Site, as described herein. By clicking on the "I Accept" button, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the Terms. Failure to click the "I Accept" button will prevent an individual from becoming a Registrant.
3.2 Accurate Information. Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.
3.3 Registrant Profile; Password. Registrants will receive a user ID and password (“Profile”). Registrants agree not to allow any third party to use their Profile to access the Site and to safeguard the information that would allow another person or entity to access the Site by using their Profile. Registrants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Site by using their Profile. No part of a Profile may be transferred or sold to another party. Registrants agree to notify Tian Yin Music immediately of any unauthorized use of their Profile or the Site. Registrants and Visitors agree that Tian Yin Music shall not be liable for any loss that results from the unauthorized use of a Registrant’s Profile, either with or without such Registrant’s knowledge.
3.4 Revocation of Registration. Registrants agree that Tian Yin Music has the right to cancel their registration for any reason at any time, in our sole discretion. The revocation of a Registrant’s registration shall result in the loss of access to portions of the Site accessible by Registrants, and Registrants agree that Tian Yin Music shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
3.5 Charges. While visiting the Site is currently free of charge for the use as described in Section 2 above, you acknowledge that we may, in our sole discretion, decide at any time to charge for some or all use of the Site and Services.
4.1 Content. Tian Yin Music offers Registrants the opportunity to post text, comments, messages and other content (“Content”) to the Site about items offered for sale by Tian Yin Music. None of the Content posted by Registrants (“Registrant Content”) shall be subject to any obligation on Tian Yin Music ’s part, whether of confidentiality, attribution, or otherwise, and Tian Yin Music shall not be liable for any use or disclosure of any such Content. Content posted to the Site may be subject to size and usage limitations, and Registrants are responsible for adhering to such limitations.
4.2 Restrictions. By posting Content to the Site, Registrants warrant and represent that (i) they own the proprietary rights to any Content posted by them to the Site, or (ii) they have obtained prior written consent from the owner of proprietary rights to any Content posted by them on the Site. By posting Content on the Site, Registrants also warrant and represent that any such Content does not and will not infringe any party’s proprietary, publicity, privacy, or other rights and that such Content is not and will not be defamatory or libelous. Furthermore, Registrants agree not to post or otherwise submit to the Site any Content that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(c) interferes with or disrupts the Site, the Services, or otherwise interferes with operations of this Site in any way;
(d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work;
(e) is patently offensive to the Site community or to us, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f) harasses or harms, or advocates the harassment or harming of another person;
(g) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or solicits personally identifiable information (“PII”) from other Registrants or Visitors;
(h) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(i) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) displays pornographic or sexually explicit material of any kind;
(k) causes us to lose (in whole or part) the services of our ISPs or other suppliers;
(l) links to materials or other content, directly or indirectly, to the Registrant posting such material does not have a right to link;
(n) violates any applicable local, state, national, or international law.
4.3 Quality and Review of Content. Tian Yin Music does not, and you agree that Tian Yin Music has no obligation to, review Registrant Content, and therefore we do not guarantee the accuracy, integrity or quality of such Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Site. However, you acknowledge and agree that we have the absolute right to monitor all Registrant Content in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Registrants, visitors or service providers. You agree that we do not have any obligation to use or respond to any Registrant Content. You agree that you shall immediately notify Tian Yin Music in writing of any objectionable Content appearing on the Site.
4.4 Use. Except for Registrant Content posted by you, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Site, except that you may download Content from the Site as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with the Site or Tian Yin Music.
4.5 Grant of License to Registrant Content. By posting Registrant Content to the Site or by otherwise submitting Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to Tian Yin Music, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Site and elsewhere. Tian Yin Music shall not be limited in any way in its use, commercial or otherwise, of any Content posted by Registrants appearing on the Site. Registrants hereby waive any moral rights in, or approval rights to, such Content. Further, we have the explicit right to incorporate any Content posted or otherwise conveyed by any Registrant to this Site into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.
5. Commercial Transactions.
5.1 Purchases. Certain products are offered for sale through the Site. In the event you wish to purchase any of these products, you will be asked by Tian Yin Music or an authorized third party on Tian Yin Music ’s behalf to supply certain PII, including without limitation, your full name, address and credit card information. You agree to provide Tian Yin Music or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
5.3 Risk of Loss. All items purchased from us are made pursuant to a shipment contract entered into when you order products offered through the Site. The risk of loss and title to such products pass to you upon our delivery of such products to the shipping carrier.
5.4 Product Descriptions. We attempt to be as accurate as possible in describing products offered for purchase through the Site; however, we do not warrant that all such descriptions are correct, accurate, complete, reliable, current or error-free. Furthermore, we do not warrant that any Registrant Content describing products appearing on the Site is correct, accurate, complete, reliable, current or error-free. Please do not rely on such Content in determining whether to purchase a particular item. If a product offered through the Site is not as described by us, your sole remedy is to return it unused as in accordance with Section 3.5.
5.5 Returns. If you have purchased a product offered through the Site that you wish to return to us, please email us at CustomerService@tianyinmusic.com.
6. Intellectual Property.
6.1 Copyright. Except for Registrant Content, any Content appearing on the Site is the property of Tian Yin Music or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.
6.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of Tian Yin Music or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Tian Yin Music.
6.3 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon. The Tian Yin Music’s actual knowledge of facts or circumstances from which infringing material or acts are evident. The Tian Yin Music's copyright agent for notice of claims of copyright infringement can be reached as follows:
Attn: Copyright Agent
Tian Yin Music
We suggest that you consult your legal advisor before filing a notice with The Tian Yin Music's copyright agent. You should note that there can be penalties for false claims under the DMCA.
7. Links. Tian Yin Music and/or third parties may provide links to other sites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Tian Yin Music shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
8. DISCLAIMER OF WARRANTIES.
8.1 REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TIAN YIN MUSIC MAKES NO GUARANTY AS TO THE ACCURACY, CORRECTNESS OR COMPLETENESS OF: (I) ANY CONTENT (INCLUDING WITHOUT LIMITATION REGISTRANT CONTENT AND PRODUCT DESCRIPTIONS AND/OR PRICING) APPEARING ON THE SITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF; (II) ANY FAILURES, DELAYS OR INTERRUPTIONS WITH RESPECT TO THE ORDERING OF AND DELIVERY OF PRODUCTS ORDERED BY YOU; (III) LOSSES OR DAMAGES ARISING FROM THE USE OF CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE SITE; (IV) ANY CONDUCT BY REGISTRANTS OR VISITORS; OR (V) ANY PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.
8.2 ALL PRODUCTS ORDERED THROUGH THE SITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TIAN YIN MUSIC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, TIAN YIN MUSIC DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8.3 To the maximum extent permitted by law, the information and Services provided on or through the Site are provided “as is”, “as available” and “with all faults”, and without warranty of any kind.
8.4 Tian Yin Music does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use or for lost or corrupted data or software, or the provision of services and support.
9. LIMITATION OF LIABILITY.
9.1 IN NO EVENT SHALL TIAN YIN MUSIC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY PRODUCTS ACQUIRED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE TIAN YIN MUSIC’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (I) THE CUMULATIVE AMOUNT PAID BY YOU FOR THE PRODUCTS ACQUIRED THROUGH THE SITE BY YOU WHICH GIVE RISE TO YOUR CLAIM, OR (II) $100.
9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
11. Force Majeure. Under no circumstances shall Tian Yin Music be held liable for any delay, failure, disruption of the Content or Services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunication or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of court, or tribunals or non-performance of third parties.
12. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific products, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Tian Yin Music shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
13. Commercial Use. You acknowledge and agree that the Site is for the personal use of Registrants and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
16.1 Except as provided in the following sentence, all notices or demands to or upon Tian Yin Music hereunder shall be given by certified mail, postage prepaid and return receipt requested to Tian Yin Music and to a Registrant at the address listed in such Registrant’s Profile. The notices shall be effective when they are received by Tian Yin Music in the above-mentioned manner. Notice shall be deemed given three (3) days after the date of the mailing. Please contact us first by e-mail at CustomerService@tianyinmusic.com.
16.2 You agree that all agreements, notices, demands, disclosures and other communications that Tian Yin Music sends to you electronically satisfy the legal requirement that such communication should be in writing.
19. Contact Us. If you have any questions or concerns regarding the Site and the Services, please contact us by e-mail at CustomerService@tianyinmusic.com.
Updated on March 6, 2013