THIS AGREEMENT ("AGREEMENT") REPRESENTS A LEGAL AND OBLIGATORY AGREEMENT BETWEEN THE USER ("YOU" OR "YOUR") AND MP3 TREAT ("MP3 TREAT", "OUR," "US," "WE") CONCERNING YOUR ACCESS TO AND USE OF THE MP3 TREAT.COM WEBSITE AND SOFTWARE (THE "SOFTWARE"). PLEASE STUDY THIS AGREEMENT RIGOROUSLY BEFORE PURCHASE. BY ACCESSING THE SOFTWARE, YOU ARE IMPLICITLY ACCEPTING TO BECOME A PARTY TO THIS AGREEMENT AND CONSENTING TO BE CONSTRAINED BY THE TERMS AND CONDITIONS AS DESCRIBED IN THIS LEGAL NOTICE.
MP3 TREAT USERS
Using MP3 Treat to share files protected by copyright law without permission is strictly forbidden. The act of downloading MP3 Treat does not establish a license for acquiring or distributing unauthorized files. Your decision to download MP3 Treat software from www.MP3 Treat.com, implies that you agree to refrain from using MP3 Treat to commit copyright infringement.
SHARING FILES IN YOUR LIBRARY
All files you share with MP3 Treat become public and can be tracked down. To verify which files you are sharing with others via the MP3 Treat website, run MP3 Treat and click on the "Shared Files" section in the upper-left directory. Clicking on the folders (and sub-folders) will display the files you are currently sharing. To make sure you are using MP3 Treat legitimately, you are conditioned to hold the owner's permission to share every file included in your Library on the Gnutella network. For instance, you are prohibited to share music and movies protected by copyright, even if you purchased them officially. Carefully read the following suggestions to get a better understanding of how you can determine whether a file is OK to submit for sharing with other people:
- The first step is to check if the file has a shareable license class by referring to the "License" column within the MP3 Treat program.
- Files published as Creative Commons by other users will appear with this attached tag. Any file with a valid Creative Commons license is legal to share. You can verify a certain file by right-clicking on the CC icon, selecting the "View License" section and then clicking on "Verify". Take note that files with unchecked Creative Commons licenses may still be illegal to share with other users.
- Weedshare files can also be legally shared and are displayed as Weedshare in the License column. Such files conform to DRM (Digital Rights Management) that allows users to play the file three times free of charge before buying.
- You should look for a registration with the US Copyright Office database. However, certain works may still be protected by copyright and therefore illegal to share even if they do not appear registered with the US Copyright Office.
DOWNLOADING FILES VIA THE GNUTELLA NETWORK
Various software programs other than MP3 Treat enable users to connect to the Gnutella network. Take note that many users do not respect copyright law and that downloading copyrighted files from them means you are also in violation of the law!
Copyright law protects original works of authorship, including literary, dramatic, musical, artistic, and certain intellectual compositions. Persons who publicly perform, reproduce, distribute copies, or display works without permission from the rights owner could be in violation of the law. To find out more about U.S. copyright law, access http://www.loc.gov/copyright/. Downloading MP3 Treat does not grant you permission to download or upload content protected by copyright. MP3 Treat makes an appeal to all users to thoroughly respect copyright laws and carefully verify the content submitted for sharing.
Access http://www.ftc.gov/opa/2003/08/filesharing.shtm to get essential information provided by the US Federal Trade Commission (FTC) concerning the risks related with the use of P2P software.
MP3 TREAT FILTERING FUNCTIONS
The MP3 Treat filtering function was created to promote legal file sharing. With the filtering option enabled, MP3 Treat performs a verification of the files’ status before downloading them. For safety purposes, MP3 Treat disallows the downloading of a file if a rights holder has specified it should not be shared. Enabling the Filtering function assists users in using MP3 Treat to share files in a safe and responsible manner. When you install the MP3 Treat software, you will be asked to specify your filtering preferences. You can the readjust Filtering Options at any time by selecting the 'Filters' section in the menu and then 'Configure Content Filters'. This opens up the 'Content' section of 'Filters' in the Options dialog, and allows you to activate the content filters via the 'Enable Content Filters' checkbox.
MP3 TREAT USER PRIVACY
MP3 Treat ensures the privacy of its users. We assure you that MP3 Treat does not log IP addresses and/or any other personal information. However, your Internet Service Provider (ISP) may be demanded by legal authorities to disclose such information under special circumstances.
WHAT ARE THE RISKS RELATED WITH COMMITTING COPYRIGHT INFRINGEMENT?
Keep in mind that copyright owners may monitor your actions on P2P networks such as MP3 Treat's. Committing copyright infringement renders you susceptible to paying significant settlement fees if summoned in court. Think twice before engaging in illegal file sharing activities, as copyright owners have sued thousands of individuals for online copyright infringement, so it is best not to take any chances.
WHERE CAN I ACCESS ADDITIONAL INFORMATION REGARDING PEER-TO-PEER AND COPYRIGHT?
More detailed information on music and movie copyright protection can be found on the RIAA and MPAA official websites.
TERMS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT
MP3 Treat’s policy is to respect and protect the legal rights of copyright owners. Therefore, MP3 Treat coheres to the following statement and take down policy, in full compliance with Sections 512(c) and/or 512(d) of the DMCA (17 U.S.C. . 512 et seq.). If you consider any of the Content contravenes your intellectual property rights, please send us a notification declaring such infringement and subsequently a "DMCA Takedown Notice". To ensure that it will be taken in consideration, a DMCA Takedown Notice must (1) be submitted to MP3 Treat's delegated agent, ("Copyright Agent"), and (2) comprise the following:
- Either a physical or an electronic signature of a person empowered to represent the interests of the owner of a supposedly infringed exclusive right;
- Identification of the allegedly infringed copyrighted work or, in case multiple copyrighted works found on a single online site are addressed by a single notification, an illustrative list of such works;
- Identification of the material claimed to be in violation of copyright law or to be the target of unlawful activity and that is to be removed or banned and relevant information to enable the service provider to track down the material in question;
- Adequate contact information to enable the service provider to reach you - address, telephone number, and, if available, an e-mail address;
- A statement that you confirm that use of the material in the manner complained of is not in agreement with the rights holder, its agent, or the law;
- A statement that, under sanction of perjury, the information provided in the notification is correct and you are authorized to act on behalf of the owner of the exclusive right that is claimed to have been infringed.
DMCA Takedown Notices must be sent to the following address: MP3 Treat Support, email: support[at]MP3 Treat.com; all notices received will be verified and evaluated by MP3 Treat's Copyright Agent. Take note that only DMCA Takedown Notices must be submitted to the Copyright Agent; any other feedback, comments, online purchase requests or other messages should be sent to the appropriate customer service links specified on the Website. You acknowledge that in order for MP3 Treat to be authorized to take any form of action, your DMCA Takedown Notice must conform to all of the requirements described above.
Copyright and Licenses
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Mp3Treat.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Mp3Treat.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Mp3Treat.com by all means and in any media now known or hereafter developed. You also grant to Mp3Treat.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Mp3Treat.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Mp3Treat.com.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Mp3Treat.com, Mp3Treat.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for Mp3Treat.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Mp3Treat.com a. You also understand that Mp3Treat.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Mp3Treat.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Mp3Treat.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Mp3Treat.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Mp3Treat.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Mp3Treat.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Mp3Treat.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Mp3Treat.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Mp3Treat.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Mp3Treat.com web site, please understand that it is independent from Mp3Treat.com, and that Mp3Treat.com has no control over the content on that web site. In addition, a link to a Mp3Treat.com web site does not mean that Mp3Treat.com endorses or accepts any responsibility for the content, or the use, of such web site.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Mp3Treat.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Mp3Treat.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Mp3Treat.com may assign its rights and duties under this Agreement to any party at any time without notice to you.