Terms of Use

General
Megapony.com ("Megapony," "Website," "Company," "We," "Our," "Us") exists for the use of independent musicians and comedians to advance their careers by creating an online location where "Content" (music, lyrics, comedic sets, images, links, biographies) can be displayed and shared in a public forum. By using this Website, "You" (band, musical/comedy group, individual artist, artist’s representative, listener) agree to be bound by these Terms of Use, whether or not you are a registered Member. The term "User" refers to a Visitor or Member.

Agreement Modification
Megapony may modify this Agreement and such modification shall be effective upon posting on Megapony.com. Your continued use of the website signifies your acceptance of the revised Agreement. Be sure to review this Agreement regularly.

Term
This Agreement, and any subsequent revision, shall remain in full effect while you use our services.

Trademark
Megapony and Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks or trade dress of Company in the United States and/or other territories. Our trademarks and trade dress are not to be used, including as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without prior written permission from Megapony.

Account Termination
Megapony reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your account or access to any part of the website at any time, with or without prior notice, for any or no reason, and without liability.

Eligibility
By using Megapony services, you affirm that:

all submitted registration information is accurate
you will maintain the accuracy of such information
you are 13 years of age or older (some areas of the Website may contain Content that is inappropriate for minors)
you are not violating any applicable regulation or law

Fees
We reserve the right to charge for any portion of Megapony Services and to change its fees. If we terminate your Membership or you elect to terminate your Membership, you shall not be entitled to a refund of these fees.

Registration Email and Password
Upon registering for Megapony Services, you will be asked to submit an email and password. You are responsible for maintaining the confidentiality of your login information. You are solely responsible for any and all use of your account. You agree to notify us immediately if you suspect any unauthorized use of your account.

Unauthorized Use
Megapony, in its sole discretion, reserves the right to remove commercial content. Illegal or unauthorized use of our services, including but not limited to collecting account information, by electronic or other means, for any purpose is prohibited.

Proprietary Rights in Content
Megapony does not claim any ownership rights for Content uploaded and posted to our site. By publishing any Content through Megapony Services, you hereby grant to Megapony a limited license to use, modify, publicly display, publicly perform, and distribute such Content soley on or through our Services. This limited license does not grant us the right to sell or distribute your Content outside of our Services. After you remove your Content from our website, we will halt distribution in a timely manner.

The license you grant Megapony is non-exclusive, royalty-free, fully-paid, sublicensable and worldwide.

You represent and warrant that:

you own all Content and its copyrights and other rights posted by you on or through Megapony Services or otherwise have the right to post, and you are legally able to grant the rights set forth herein
the posting of your Content does not violate the copyrights, publicity rights, privacy rights, contract rights, patents, trademarks or any other rights of any person or entity

You may not copy, modify, publish, translate, distribute, perform, broadcast, display or sell any Content appearing on or though Megapony services of which you do not own.

We perform technical functions including but not limited to transcoding and reformatting Content to allow its use throughout our services.

You are solely responsible for the Content that you post through our Services and for your interactions with other Users.

Megapony may reject or delete any Content for any or no reason. We assume no responsibility for monitoring our services for inappropriate Content or conduct.

Content for Download
Our Website includes an optional Service where you may publish Content and allow Users to download such Content. If you elect to use this Service, you automatically grant to Megapony and its Users an irrevocable, perpetual, non-exclusive, transferable, full-paid, worldwide license with the rights to sublicense to use, copy, perform, display, reformat, translate, excerpt, and distribute such Content and to prepare derivate works of. However, your Content is subject to the usage terms set forth in this Agreement and is applicable to all Users. Your removal of Content from the Website shall not terminate the license granted above, however Megapony will cease publishing such Content on the Website in a timely manner.

Usage Terms
Megapony Services are for your personal use only. Use of any Services that involve commercial transactions may be subject to additional terms and conditions. If you download or copy Content from Megapony as permitted by the Member responsible for posting such Content, you agree to do so in compliance with the following usage terms:

Content is authorized only for personal, noncommercial use. You do not retain any commercial or promotional use rights by downloading or copying Content.
You may not combine Content with any other media, including but not limited to video or photography, to create multimedia work.
You may not use Content as a "ringer" in connection with your phone or phone calls, texts, or messages.
You agree that your download and copy of Content constitutes your acceptance of this Agreement and these usage terms, and that any use of Content other than in accordance with this Agreement may constitute copyright infringement.

Content for Media Licensing
Our Website includes an optional Service where you may publish Content and allow Megapony to search for, contact, and contract third party media personnel, companies or entities potentially interested in your Content for commercial use. This Service is offered to Members for a fee per each uploaded Content, and if confirmed Megapony shall act as an agent for the Member. This license you grant Megapony the right to is revocable, non-exclusive, and worldwide. The fee is completely non-refundable, no matter if your Content is eventually licensed or not or if you elect to revoke our Service. Acceptance of this Service does not transfer ownership of the Content to Megapony.

Protecting Copyrights and other Intellectual Property
Megapony respects the intellectual property of others and requires that our Users do so as well. If you believe your work has been posted through our services in a way that constitutes copyright infringement, please notify a Megapony agent by clicking here.

Other Prohibited Content and Conduct
Other prohibited Content and conduct includes, but is not limited to, Content and conduct that, in the sole discretion of Megapony:

is offensive or promotes racism, bigotry, hatred, harassment, sexual exploitation or physical harm against any group or individual
contains nudity, excessive violence or similar offensive subject matter
solicits personal information from anyone under 18 years old
promotes illegal activity
involves commercial activities
criminal or tortuous activity, including trafficking obscene material, fraud, child pornography, and spamming
encourages or attempts to revise/circumvent Megapony Services technology
involves viruses, worms, bots or any other computer codes, files or programs that limit, interrupt or destroy the functionality of Megapony Services or any computer software or hardware
permits the unauthorized use or access to our Services or any computer or networks
interferes with, disrupts, or creates an undue burden on our Services or the networks or services connected to Megapony
impersonates another User, person, or entity or using the account of another Member or permits any third party to access your account
involves selling or transferring your account
enables you to accept payment or anything of value from a third party in exchange for your performing commercial activity through unauthorized use of Megapony Services
harvests email addresses or other contact information
uses Megapony Services in a manner inconsistent with any and all applicable laws and regulations

Privacy
Use of Megapony Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Liability
In no event shall Megapony be liable to you or any third party for any indirect, consequential, incidental, exemplary, special or punitive damages, including lost profit damages occurring through your use of our Services, even if We have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Megapony for our Services during the term of Membership.

Disclaimers
Megapony is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted through our Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Megapony Services, and such Content does not necessarily reflect the opinions or policies of Megapony.

We are not responsible for the content expressed on websites posted by Users, and such websites are not necessarily monitored, investigated, approved, or endorsed by Us. When you access these third party sites, you do so at your own risk.

Megapony takes no responsibility for third party advertisements that are posted on our Website, nor does it take any responsibility for the goods or services provided by its advertisers.

We are not responsible for the conduct, whether online or offline, of any of our Users. Megapony assumes no responsibility for any error, omission, deletion, defect, interruption, delay, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Megapony is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Megapony Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with our Services.

Under no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from use of Megapony Services, attendance at a Megapony event, from any Content posted on our Website, or from the conduct of any Users, whether online or offline.

Megapony Services are provided "as-is" and as available and Megapony expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of Megapony Services.

Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and Megapony agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Megapony Services. Each of the parties hereby knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this Agreement. Each party certifies that no representative or agent of either party has represented that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this Agreement.

Indemnity
You agree to indemnify and hold Megapony and Our subsidiaries, affiliates, and respective officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Megapony Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post through our Services causes Megapony to be liable to another.

Other
This Agreement is accepted upon your use of the Megapony Website or any of the Megapony Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Megapony regarding the use of our Services. The failure of Megapony to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Megapony is a trademark of Megapony, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Contact Megapony with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.