Terms & Conditions

MusicSkins Custom Skin Creator – IMPORTANT INFORMATION

  • Please do not upload images that you don't have the rights to reproduce.
  • Please do not upload images containing explicit sexual content, racist, homophobic, or other ignorant themes, or any images that contain disparaging remarks about other people or companies.
  • MusicSkins reserves the right to refuse to print any custom projects that we feel violate our image upload policies.
  • You are 100% responsible for the images that you upload for use in creating custom MusicSkins and any issues (legal or otherwise) that arise from the creation of MusicSkins branded products displaying your uploaded images
  • MusicSkins does not gain any rights to your images when you upload them to create a custom skin. We only use the images that you upload to create your custom MusicSkins Skin(s) and to gain a better idea of what people are interested in so we can refine our services to offer the best possible selection of licensed images for our customers.
  • If you're interested in licensing your images to MusicSkins to sell through our website and retail channels send a link to your online portfolio or a few .jpgs to info@music-skins.com. We're always adding new artists to our site and we'd love to have a look at your work.
  • We would never sell any products featuring your copyrighted work to anyone other than you without first obtaining permission from you.
  • We hope you enjoy our site that we've worked very hard to create. Please respect the rights of our artists, collaborators and everyone else by only using the site as it was intended and following the rules above.

The MusicSkins Terms of Use

MusicSkins LLC ("MusicSkins") provides service to you subject to the following Terms of Use. These Terms of Use ("Terms") govern your access to and use of the services and the MusicSkins website (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Services.

Basic Terms

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. You may use the Services only if you can form a binding contract with MusicSkins and are not a person barred from receiving services under the laws of The United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules and regulations. The Services that MusicSkins provides are always evolving and the form and nature of the Services that MusicSkins provides may change from time to time without prior notice to you. In addition, MusicSkins may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Any information that you provide to MusicSkins is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information The United States and/or other countries for storage, processing and use by MusicSkins. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, shipping notifications, and administrative messages. These communications are considered part of the Services and your MusicSkins user experience, which you may not be able to opt-out from receiving. You can opt-out of most communications from MusicSkins including our standard newsletter.

Passwords

If you sign up for the MusicSkins user account you will be required to create a password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MusicSkins cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content (ie. user submitted comments, uploaded images, photos, etc.). Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no ircumstances will MusicSkins be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

MusicSkins Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of MusicSkins and its licensors. The Services are protected by copyright, trademark, and other laws of Canada, the United States and other foreign countries. Nothing in the Terms gives you a right to use the MusicSkins name or any of the MusicSkins trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding MusicSkins, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Intellectual Property Rights

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. Any photograph, image, information, know-how, idea, suggestion, material, or other content you post to the Site through use of the Services, including but not limited to: posts in a forum or photo gallery and images uploaded for the creation of custom products ("Products") to be supplied by MusicSkins to the customer, will be collectively referred to herein as "Content". Content that complies with the Terms may be used by the customer to create Products. Posting of Content not owned by you or which you have no permission to submit will be considered a violation of the Terms, and may be a violation of federal, provincial and/or state intellectual property and/or other applicable laws. You specifically represent that any Content is: (i) your original work, or it is properly licensed, and does not violate the copyright or any other personal or property right of any third party; and that (ii) you have obtained any and all releases and permissions necessary for submitting the Content. You retain your rights to any Content you submit, post or display on or through the Services. You may not use the Services in connection with any web site other than the Site or in any other medium, or with any Content or connection with any activity, that is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, national, racial, gender, eligious, professional, sexual orientation, disability or age group; profane or pornographic, promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; defames, misrepresents, or contains disparaging remarks about other people or companies; infringes on the rights of any third party; or violates any law.

The Services are intended for personal use only. You may not use photos of celebrities or other famous persons. If you create Products or any Content using the Services, you represent and warrant that: (i) you have received all necessary releases and permissions to use, modify and reproduce any photos or materials used to create the Products or that you have personally taken the photos; and (ii) your Creation does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.

If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material using the Services, and we may pursue any remedies available under these Terms of Use or at law. We may contact you or any third parties to verify the information you provide to us, the rights you have secured with respect to the Products, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. We may also send you information and notices regarding your Products by email, telephone or other means based on the information you provide to us.

Copyright Policy

MusicSkins respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. In appropriate circumstances, MusicSkins will also terminate a user's account if the user is determined to be a repeat infringer.

Prohibited Activities

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You agree not to: (i) use the MusicSkins Content, or the Services for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying Services, including by hacking or defacing any portion of MusicSkins website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communications or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the presentation of the Services or any MusicSkins Content; (vi) upload for the purpose of reproduction or sharing via social networking websites any Content using the Services or where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such materials; (vii) use any materials in any manner that infringes any Intellectual Property Rights or other rights of any party; or (viii) market any goods and services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by MusicSkins in writing. We reserve the right, but undertake no duty, to review, move or delete or refuse to process any Content provided for the purpose of creating Products, in our sole discretion.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, MusicSkins computer systems, or the technical delivery systems of MusicSkins providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MusicSkins (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with MusicSkins (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of MusicSkins is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the services to sendaltered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, MUSICSKINS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. MusicSkins will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that MusicSkins has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MusicSkins or through the Services, will create any warranty not expressly made herein.

Discontinuance

MusicSkins reserves the right at any time and from time to time to discontinue, temporarily or permanently, your ability to use the Services and/or your ability to access Content, with or without notice, in its sole discretion. You agree that MusicSkins shall not be liable to you or to any third party for any such suspension or discontinuance.

Links to Third Party Sites

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MusicSkins of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Infringement and Regulatory Complaints

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MusicSkins, its users and the public. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using the Services in violation of any applicable federal, provincial, state, or local laws.

Limitation of Liability

IN NO EVENT SHALL MUSICSKINS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MUSICSKINS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by MusicSkins from its facilities in Brooklyn, NY. MusicSkins makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless MusicSkins, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of MusicSkins, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Binding Arbitration

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND ANY OF THE MusicSkins ENTITIES arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), the MusicSkins Content, User Content, the Creations, the Services or any related activities resulting from any of the foregoing SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be limited solely to the dispute or controversy between you and MusicSkins. NEITHER YOU NOR MusicSkins SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER MusicSkins CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorney fees, if any.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. MusicSkins is not intended for children under 13. If you are under 13 years of age, then please do not use the MusicSkins Website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by MusicSkins without restriction.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of MusicSkins to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the state of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Trademarks

All of the MusicSkins trademarks are owned by MusicSkins LLC and may not be used for any purpose without the prior written permission of MusicSkins.

Copyright Notice

The MusicSkins Website is © 2009, MusicSkins LLC - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of MusicSkins.

General

These Terms, and our Privacy Policy are the entire and exclusive agreement between MusicSkins and you regarding the Services (excluding any services for which you have a separate agreement with MusicSkins that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between MusicSkins and you regarding the Services. We may revise these Terms from time to time without any notice to you; the most current version will always be at MusicSkins.com/terms. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Services are operated and provided by MusicSkins LLC, 24 15th St, Suite 202, Brooklyn, NY 11215, USA. If you have any questions about these Terms, please contact us.

Effective: September 16th, 2009