AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at www.musicdiarygroup.com. The Site is the property of Music Diary Group, LLC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE.

Music Diary Group, LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Music Diary Group, LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Music Diary Group, LLC, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Music Diary Group, LLC’s prior written consent.

Your Use of this Site
Music Diary Group, LLC reserves the right to bar activity such as: Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may NOT attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may NOT probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may NOT reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Music Diary Group, LLC, including any musicdiarygroup.com account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree NOT to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may NOT forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to musicdiarygroup.com on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may NOT use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Music Diary Group, LLC or others.

USING OUR SERVICES

PAYMENTS, TAXES, AND REFUNDS

BUYER

A buyer is referred to as a visitor to www.musicdiarygroup.com who shops and purchases downloadable singles and merchandise. You can acquire Content on our Services for a charge which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Music Diary Group, LLC. Music Diary Group, LLC will charge your payment method (such as your credit card, debit card or other method available in the U.S.) for any paid Transactions, including any applicable taxes. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Music Diary Group, LLC. From time to time, Music Diary Group, LLC may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Music Diary Group, LLC to a corresponding counterclaim.

SUBSCRIBER

A subscriber is referred to as an artist who utilizes www.musicdiarygroup.com to promote and sell their singles for a predetermined period of time. You can purchase a subscription on our Services for a charge which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Music Diary Group, LLC. Music Diary Group, LLC will charge your payment method (such as your credit card, debit card or other method available in the U.S.) for any paid Transactions, including any applicable taxes. All Transactions are final. Subscription prices may change at any time. If technical problems prevent or unreasonably delay sale of content, your exclusive and sole remedy is either replacement of the time lost, partial refund of the price paid as appropriate or a consolation service as determined by Music Diary Group, LLC. From time to time, Music Diary Group, LLC may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Music Diary Group, LLC to a corresponding counterclaim. Should you choose to cancel a paid subscription prior to the end of the quarter; a full refund will only be provided within 24 hours of purchasing the subscription. Thereafter, a partial refund will be issued based on the length of use of the subscription. Cancellations need to be requested in writing to Music Diary Group, LLC via email. Should a subscriber cancel a subscription payment without informing Music Diary Group, LLC appropriately, the above cancellation policy will apply and legal action may be taken against you for fraudulent activity.

SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Music Diary Group, LLC may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

– Music Diary Group, LLC delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.

– It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.

-Neither an account nor a subscription is required to purchase downloadable singles or merchandise.

– You may not tamper with or circumvent any security technology included with the Services.

-It is mandatory to set up an account via the “Log In” section of the website in order to upload singles for purchase.

SUBSCRIPTIONS

Music Diary Group, LLC may allow you to purchase services on a subscription basis (“Paid Subscriptions”). Subscription packages are described in the Pricing Section of the website (www.musicdiarygroup.com). Quarterly (3 month) subscriptions are offered to “subscribers.” Subscriptions need to be paid in full prior to singles being uploaded onto the website. Should you choose to cancel a paid subscription prior to the end of the quarter; a full refund will only be provided within 24 hours of purchasing the subscription. Thereafter, a partial refund will be issued based on the length of use of the subscription. Cancellations need to be requested in writing to Music Diary Group, LLC via email. Should a subscriber cancel a subscription payment without informing Music Diary Group, LLC appropriately, the above cancellation policy will apply and legal action may be taken against you for fraudulent activity. Paid Subscriptions will not be automatically renewed. Payment is required for each quarter. Music Diary Group, LLC will keep information on file for previous Subscribers for 90 days after an expired subscription. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. Subscribers who have a current subscription at the time of a price increase will keep agreed upon subscription price for the remainder of the subscription period.

SUBMISSION REQUIREMENTS

Music Diary Group, LLC reserves the right to review all submissions and determine what will be uploaded. If you do not adhere to the guidelines specified under Submission Requirements we will not respond to your e-mail.

PROFESSIONAL STANDARDS FOR SUBMISSION

1) High Resolution single/album cover and Video (at least 1000×1000 pixels).

2) Studio quality sound.

3) Artwork must NOT contain any promotional content (Website, Facebook, Twitter, etc.).

4) No profanity or explicit/derogatory content (Inspirational and/or Gospel content only)

SUBSCRIBER RESPONSIBILITIES

Music Diary Group, LLC is NOT responsible for any outside marketing of your submitted music, videos, movie trailers, or advertisements. For better results, we encourage you to direct consumers to www.musicdiarygroup.com to listen, download, and/or view your submissions.

Music Diary Group, LLC will NOT give refunds for unsuccessful submissions (i.e; music singles that don’t sell).

Music Diary Group, LLC is NOT liable for submitted content that contains copyrighted instrumentals (ie: remixes) or a beat and/or lyrics that you (the subscriber) do not own or have permission to use. Please be aware that legal action may be taken against you.