Terms and Conditions

MBPTtunes.COM TERMS OF USE

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at MBPTtunes.com (the “Website” or “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use (the “Agreement”), as they may be amended by MBPTtunes LLC (“Company”, “We” or “Us”) from time to time in its sole discretion. We will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. If you establish a member account on the Site, We will email a notice to you that the Terms of Use have been changed. It is your responsibility to review these Terms of Use periodically and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. Eligibility. Only parties that can lawfully enter into and form legal contracts may use the Site and the Company’s Service. If you use our Service, you expressly represent to Us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may become a member of the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate our Service to anyone.

3. Use Of The Site. You agree that you will use the Site and our Service only for lawful purposes and in a lawful manner. While using the Site and our Service, you agree that you will not: (i) register under a false name or use an invalid or unauthorized email or physical address; (ii) use another’s account without permission; (iii) use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site; (iv) use an invalid or unauthorized payment method; (v) impersonate another user; (vi) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and grant Us all of the license rights under this Agreement; (vii) violate any laws, third-party rights, or our rights; post false, inaccurate, misleading, defamatory, libelous, obscene, pornographic, abusive, or threatening content; (viii) take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the Site or using it for purposes unrelated to use of the Site); (ix) transfer your account and User ID to another party without our consent; (x) violate or attempting to violate any security features of the Site or Service, including, without limitation; (A) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (B) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (C) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (D) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (E) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to Us) from the Site without our prior express written permission and the appropriate third-party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures We may use to prevent or restrict access to the Site. We reserve the right to remove any work posted by any member or cancel any membership or user ID for any reason. We also reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. or cancel any membership or user ID for any reason. You agree that you will not post any false, misleading, defamatory, or libelous statements in the review of any other member. We reserve the right to remove any comment or review for any reason.

4. Reservation of Rights. We retain the right, but do not have an obligation, in our sole and absolute discretion, to prevent or restrict access to the Site or to our Service, or take any other action in case of technical problems, objectionable material, inaccuracies, unlawful content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason. We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users. To ensure that the Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but We reserve the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Site or the Service by others.

5. Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy may be found by clicking here. The Company’s Privacy Policy is expressly incorporated into this Agreement by this reference. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide your email address, a user name and password. If you purchase or download content from the Site, as a non-member, you will also be asked to provide your email address. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree that the Company may use your email address to send you service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of service-related emails.

6. Services And Obligations Of Parties.

(a) Services Provided. The Site is an online venue where musicians may, among other things, create a free online profile. The profile allows musicians to (i) upload up to 100 songs; (ii) upload photos for songs; (iii) post up to five videos by using YouTube links; (iv) upload upcoming shows; (v) write a personal biography; (vi) upload one profile image and a profile background image; (vii) display information about the musician/band, such as band member biographies, recording label, and/or geographical location; (viii) post links to third-party sites, as more particularly described elsewhere in this Agreement; (ix) comment, receive comments, block comments and delete comments regarding that user’s uploaded content; (x) sell and/or distribute an album or single song under the following four pricing options (A) listing a set price; (B) give the song/album away for free; (C) give the song/album away free while simultaneously allowing the downloading user to leave a donation in an amount set by the downloading user; or (D) set a minimum price whereby the downloading user determines their own price, but where the musician member sets a minimum sales price; (xi) send, receive and /or block emails; and (xii) display, list and sell and/or distribute tickets to a musician’s/band’s event through the Site and process all credit card and other payments to said event on the event holder’s behalf. The Site also provides the means for Site non-members and Site members to post a link to the musician-member’s Site page via Facebook or Twitter. The Company is not responsible for the collection of any royalties or fees from any other party on your behalf. Some services, such as providing a master and song production are provided by third parties. You understand that additional fees may be required and additional terms and conditions may apply for such Service. The Company is not liable for the actions of such third parties and does not warrant any quality of service or product provided by any such third-party. The Company also provides a means for members to promote a newly uploaded work by a prompt asking if the member would like to send an update to the member’s list of contacts (“Fan List”). Members will not be able to write text or add images to such updates. By adding an email address to your Fan List, you represent and warrant that you have permission to send emails to such person and sending an email to your Fan List will not violate the CAN-SPAM Act of 2003 or any similar laws and regulations that may apply in the jurisdiction in which recipient resides.

(b) Additional Services. By registering on the site, you give Us permission to engage other companies involved in the entertainment industry, including but not limited to record labels, music publishers, radio stations, producers, and/or managers on your behalf to determine the availability of business opportunities. We will notify you of any discussions that occur on your behalf. You agree that We will be entitled to a percentage of any deal made on your behalf in an amount to be set by mutual agreement. You are not obliged to accept any offers generated by Us. We are not obliged to promote you and We do not guarantee the development of any interest on your behalf.

(c) Taxes and Reporting. Each member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of goods and services provided by members, from and by independent contractors.

(d) No Agency. No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement.

(e) Links To Third Party Content. Except to the extent the Site provides the means for Site non-members/Site members to post a link to a member’s Site page via social media networking sites, like Facebook, Twitter, YouTube and /or Tumblr, etc., you may not place links to third-party sites without the prior written approval of the Company. You may find on the Site links to other sites. You acknowledge and agree that We are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at your own risk and expressly relieve Us from any and all liability arising from your use of any third-party website.

(f) User Entries. You shall be solely responsible for your own entries and all content you post on the Site, and the consequences of posting or publishing entries or content. When uploading entries or comments to the Site, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and to use your entries and content in the manner contemplated on the Site and in this Agreement. You further affirm, represent and/or warrant that no fees or payments of any kind whatsoever shall be due to any performing rights organization (“PRO”) or music publisher for the hosting of your content and you represent and warrant that no fees of any kind shall be due any third-party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your content as authorized under this Agreement. If any agreement you have entered into with any third-party, including, but not limited, to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the rights and licenses set forth in this Agreement and making the representations and warranties set forth immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your content on the Service, including all court costs and legal fees. See Section 13(a), Content License and Access, regarding your grant of a license to the Company by uploading content to the Site. The Site provides a process by which members may submit content for promotion by the Company through the Site in the following categories: (i) Hot Artist; (ii) Hot Album; (iii) Hot Song; (iv) Hot Video; (v) Radio Playlist; (vi) Spotlight Artist; and (vii) Latest News. Such submissions are referred to as “Material Submissions.” Users are not allowed to make a Material Submission of content that is a new performance or recording of a contemporary or previously recorded, commercially released song, by someone other than the original artist. The Company has sole discretion in selecting the content to be promoted through Material Submissions. Without limiting in any way the license granted Us under Section 13(a), Content License and Access, by making a Material Submission, the user thereby grants the Company a perpetual, non-exclusive, royalty free license to use the content for the noted promotion(s), including the right to sublicense such work for airplay and/or write-ups in blogs and magazines. The Company is not required to provide user with information of when or if their content is published on a third party site. The Company does not guarantee that any  Material Submissions will receive airplay or promotion of any sort;including Material Submissions made by purchasers of Our VIP subscription service. The Company is not required to provide a list of third parties to whom the Company has submitted the user’s content A member may at any time request in writing that the Company remove Site content submitted by the member and the Company will use commercially reasonable efforts to remove such content from the Site within thirty days from such written request. Such a request, and compliance with the request, will not and does not modify any license granted to the Company by the requesting member and the Company will not require any third-party to whom the member’s content has been rightfully distributed to remove such content or stop the rightful use of such content. Furthermore, while the Company will use commercially reasonable efforts to remove such content from the Site, it may be unable to remove all such content due to caching and automatic storage systems.

(g) Purchase of Content.Any user, member, or Site visitor may purchase content posted by other members for the price listed. All transactions occur through third-party payment sites, such as PayPal. IN ORDER TO RECEIVE CONTENT AFTER PURCHASES THE PURCHASER MUST LINK BACK TO THE WEBSITE FROM THE PAYPAL PAGE. Failure to link back to the website may result in purchaser not receiving the purchased content. We will assist in getting the purchaser the purchased content but cannot guarantee that the purchaser will get their purchased content. No refunds will be issued. At the time of purchase, the Company grants the purchaser a limited, worldwide, perpetual, nonexclusive, non-sublicensable right to copy and use the content for noncommercial use and personal enjoyment only. Should you purchase any content, you realize that you do so at your own risk. Currently,MBPTtunes does not provide refunds for any purchases;this includes ticket purchases,music purchases and VIP subscriptions. MBPTtunes does not take a percentage of any ticket sales or music sales made on the Site. All monies from any music or ticket purchase goes directly to the seller. You must contact the seller for all refund inquiries. If a show has been cancelled,fraudulent or misrepresented please let us know. Although we cannot promise refunds or a resolution we will assist in rectifying the situation. If no resolution can be reached,buyers may also file a dispute on PayPal directly with the seller. 

7. Specific Rights and Obligations Regarding Ticketing Service.

a) Ticketing Service. We shall send each purchaser an email confirming the sale of one or more tickets to the purchaser, and a link to download and print the ticket or tickets purchased.  

(b) Ticket Changes. Each ticket purchased for an event shall be given a separate distinguishing confirmation number in order to avoid duplicate tickets.  Event holders have the option to allow the purchaser to change/edit the name on a ticket by accessing their purchaser’s user profile and making the change or they may require the purchaser to submit a formal request to change/edit the name on a ticket. If the latter option is selected, the event holder has the ability to accept or deny the request. A ticket purchaser may submit a change/edit request using the Company’s form for such change/edit in the purchaser’s user profile. Purchasers may submit unlimited requests; however, upon submitting a request, they purchaser must wait until the event holder responds by accepting or denying such request before sending another request.

(c)  Show cancellations,misrepresentations and fraudulent ticket sales. If a show has been canceled ,fraudulent or misrepresented and no refund is issued by the seller ,please let us know. MBPTtunes does not issue refunds. Refunds are issued by the seller. Although we cannot promise refunds or a resolution we will assist in rectifying the situation. If no resolution can be reached, buyers may also file a dispute on Paypal directly with the seller.  If we find the seller to be at fault, we may take actions, including revoking their selling privileges and banning them from the site. In seer cases we may seek damages in a court of law. 

9. Fees.  A user may qualify for the VIP level by making a monthly payment  to Us of $7.50. A current list of VIP features may be found by registering for or logging into your member profile and following this link. We may choose to temporarily change the fees for our Service for promotions or for new services. All fees are quoted in U.S. Dollars. All fees paid to Us are nonrefundable. We earn fees for Service delivered by Us that are accessible through the Site and to cover expenses and fees we incur to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, we will transfer the remaining payment amount to the user who provided the content upon which such payment was made. User hereby authorizes the Company to run credit card authorizations on all credit cards provided by user, to store credit card details as user’s method of payment for Service, and to charge user’s credit card (or any other form of payment authorized by you or mutually agreed to between you and Us).

10. No Warranties. Company hereby disclaims all warranties. You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Release of Liability. You will not hold the Company, its officers, directors, employees or agents responsible for other users’ actions or inactions, including their posts. We provide a venue to allow anyone to offer, sell and buy media content. We have no control over and do not guarantee the quality, safety or legality of any product or service provided by any member, the truth or accuracy of member information, the qualifications, background, or abilities of members, the ability of members to deliver products, or that members will complete a transaction. Each seller and buyer must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the other on or through the Site, and any other terms, conditions, representations, or warranties associated with such transactions. If you have a dispute with another Member, you release Us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You acknowledge the release of liability set forth herein is an essential and material term of this Agreement and that without such waiver the Company would not have entered into this Agreement. To the maximum extent permitted by law, you will not hold Us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this Agreement, including but not limited to, loss of profits, loss of data, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, in no event will the Company’s liability to you for any action or claim related to the Service provided pursuant to this Agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total fees you paid to Us in the twelve months prior to the action giving rise to the liability.

12. Indemnity. You agree to defend, hold harmless and indemnify the Company, its officers, directors, agents, subsidiaries, joint venturers and employees from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees and costs) incurred by Us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third-party against Us: (i) in connection with your use of the Service or the use of the Service using your account, including any payment obligations incurred through use of the Service; or (ii) resulting from: (A) your use of the Site; (B) your decision to supply credit information via the Site, including personal financial information; (C) your decision to submit postings and/or accept offers from other members; (D) any breach of contract or other claims made by members with whom you conducted business through the Site; (E) your breach of any provision of this Agreement; (F) any liability arising from the tax treatment of payments to or form you or any portion thereof; (G) any negligent or intentional wrongdoing by you; (H) any act or omission of yours with respect to the payment of fees; (I) your dispute of, or failure to pay, any invoice or any other payment; (J) your posting and/or selling of content or services protected by the copyright or trademark of any third-party; and/or (K) your obligations to another member. This defense and indemnification will survive this Agreement and your use of the Site.

13. Intellectual Property.

(a) Content License and Access. When you submit content to the Site, you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the business of the Company, in any media known now or in the future, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. Subject to and conditioned on compliance with this Agreement, We grant you a limited license to access and to use the Site for the purpose of selling and/or distributing your uploaded content and buying and/or downloading the content offered by other members, pursuant to the terms, conditions and covenants of this Agreement. You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on the Site in any way for any public or commercial purpose, without our prior written consent or the consent of the rights holder, if you are not the rights holder. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal listening and/or viewing. You agree that you will not attempt to reverse-engineer or attempt to interfere with the operation of any part of the Site, unless expressly permitted by law. Except as to content uploaded by you, you may not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose the Site or any portion thereof that is not expressly permitted by Us, in writing.

(b) Reservation of Rights Regarding Intellectual Property; Limited Licenses. We and our licensors retain all right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The MBPTtunes.com logo and name are trademarks of the Company, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our, or any third-party’s intellectual property rights, whether by estoppel, implication or otherwise.

14. Notices. Unless you otherwise tell Us in writing, We will communicate with you by email (using the email you provided to Us during the registration process, as amended by you) or by posting communications on the Site. You consent to receive communications from Us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after We send it to the email address you have provided to Us, or when We post such communication on the Site. You must keep your email address updated and you must regularly check the Site for postings. We may also give you legal notice to the address provided, if any, during the registration process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing. By registering an account you permit MBPTtunes to send you newsletters regarding our product. You may opt-out at any time.

15. DMCA Copyright Infringement Notification and Counter-notification.

(a) Notification. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that allows the Company to immediately suspend and/or terminate any Site or Service user who is found to have infringed on the rights of Company or of a third-party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third-party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringed 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 Company to locate the material; (iv) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement 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 owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated copyright agent at:

Via Mail: Naima Askew,

MBPTtunes LLC,

320 East 156th Apt.2G, Bronx, New York 10451

Via Email: dmca@MBPTtunes.com

You may inquire about notifications with the Company’s designated copyright agent by calling 917-736-7621. Please note that under Section 512(f) of the Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You acknowledge and agree that if you fail to fully comply with all of the requirements listed above, your DMCA notice may not be valid.

(b) Counter-Notification. If you believe that content you submitted that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notification containing the following information to our designated copyright agent, at the above address/email: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement, under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal or court in Bronx, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, We may send a copy of the counter-notice to the original complaining party informing that party that We may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Please note that under Section 512(f) of the Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

(b) Counter-Notification. If you believe that content you submitted that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notification containing the following information to our designated copyright agent, at the above address/email: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement, under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal or court in Bronx, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, We may send a copy of the counter-notice to the original complaining party informing that party that We may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Please note that under Section 512(f) of the Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

16. Affiliated Sites. The Company has no control over, and no liability for, any third-party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

17. Governing Law and Forum for Disputes. The Site is controlled and operated by Company from its offices in the State of New York. Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in other locations. You agree that the Site shall be deemed solely based in New York and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than New York. Your use of, or access to, the Site should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New York. You agree that this Agreement is executed in the State of New York and that this Agreement is governed in all respects by the laws of the State of New York, and Federal laws, without giving effect to any principle that may provide for the application of the law of another jurisdiction and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You agree that any claim or dispute you may have against the Company must be resolved by a court located in Bronx County, New York. You hereby submit to the personal jurisdiction of the courts located within Bronx County, New York for the purpose of litigating all such claims or disputes, although We retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country.

18. Termination. This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by Us or you as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event: (i) We shall continue to perform Service necessary to complete any open transaction between you and another member; and (ii) you shall continue to be obligated to pay Us and any member for any Service for which you have engaged from Us or such member in order to complete any such transactions. When your membership is terminated, you may no longer have access to data, messages, files and other material you kept on the Site. The material may be deleted along with all your previous posts and bids.

19. Modification. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use, including its Privacy Policy incorporated herein by this reference; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The Company shall send each member an email notice of the modification of these Terms of Use. The Company shall also post any revision to these Terms of Use to the Site and the revision shall be effective prospectively and immediately upon such notification and posting. In the event of a conflict between the provisions of these Terms of Use and the Company’s Privacy Policy, the terms of these Terms of Use shall govern. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. You are responsible for reviewing the notice and any changes. This Agreement may not be otherwise amended except in a writing signed by both you and Us. Your continued use of the Site and our Service following changes to the Agreement will constitute your acceptance of changes or modifications to this Agreement. If you do not agree to any changes to this Agreement, do not continue to use the Site or our Service.

20. Miscellaneous. This Agreement sets forth the entire understanding and agreement between you and the Company with respect to the subject matter of this Agreement. You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. We will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized Company representative. No delay or omission by Us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission and any attempt to do so will be null and void. We may assign our rights under this Agreement without restriction. The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all policies and documents referenced in this Agreement comprise the entire agreement between you and the Company with respect to the use of this Site and our Service and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any websites that link to or are linked from this Site.