Terms of Use

UPDATED ON SATURDAY, OCTOBER 25, 2008

1. OVERVIEW

This artist agreement is accepted by you upon your use of the Website and is further affirmed by you becoming a member of the Burst Development website, Music (Facebook). The failure of Burst Development to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision.

2. AGE

In compliance with the COPPA Act, you must be over 13 years of age to use this website. Please visit http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm for details.

3. WEBSITE COPYRIGHT AND TRADEMARK RIGHTS

The website is owned by its creators, Burst Development. Its structure, organization, and code are the valuable trade secrets of Burst Development. The website is also protected by United States Copyright Law and the use of any trademark does not give you any rights of ownership in the company or our trademark.

4. RIGHTS TO MATERIALS

You represent and warrant that all materials (including, but not limited to, songs, pictures, videos, member profiles, emails, event listings, blogs, ads, etc) are your original owned property or that you have the necessary rights of use or ownership thereto. You further guarantee that all the uploads are completely your original materials, and do not contain samples or excerpts from others that may be recognized as copyright infringement. Any subsequent loss to the rights of materials will require you to remove these uploaded materials from our website immediately. Any disputes to these rights of materials will be handled by the parties involved directly.

5. USE OF MEMBER MATERIALS

Although all Burst Development members reserve ownership rights to all their uploaded materials, you will grant Burst Development the right, without prior permission, to use and promote any and all uploaded materials (including, but not limited to, songs, pictures, videos, member profiles, emails, event listings, blogs, etc) free of charge, royalties, or claims within the premesis of Facebook and this application. We however, will not sell any of your materials in any circumstance.

6. SPECIFIC USE

All members agree to use the website services for their personal use and not give access to their account to others. All businesses must obtain the prior written consent of Burst Development before joining. No member is authorized to solicit the emails or electronically capture any personal information of artists with the intent of sending unsolicited correspondence. Burst Development will take immediate legal action to stop or prevent any unauthorized use of this website.

7. CHANGES

Burst Development reserves the right to make changes to this website and to your member profile at any time without notice. Burst Development may also terminate your account without warning or specific reason. However, any member may terminate his/her account at anytime using the tools provided by Facebook.

8. SITE USE

Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR INFRINGEMENT. Neither Burst Development nor any other party involved in creating, producing, or delivering the website shall be liable for any incidental, consequential, indirect, or punitive damages arising out of your access to, or use, of the website. Burst Development does not warrant that the functional aspects of the website will be uninterrupted or error free, or that this website or server that makes it available are free of viruses or other harmful components. Your use and browsing of the website is at your own risk.

9. SEEQPOD

Burst Development and its applications have no affliation with Seeqpod. All features within Music is provided under Seeqpod's API. All data from Seeqpod does not relate to Burst Development in anyway. Please refer to section four of this document on processing complaints directly to the material provider.

10. MUSIC STORE

The music store affilation is managed by Amazon. We are not liable to any support requisitions regarding the Music Store.