MCN ACCEPTABLE USE POLICY
MCN, Inc. (“MCN”) maintains this Acceptable Use Policy (“AUP”) to provide users (“You” or “Your”) of MCN’s services, systems and network (the “Services”) with information relating to Your use of our site at www.musiccitynetworks.com (the “Site"), and restrictions on the types of information and material You will be permitted to post or advertise (“Post,” “Posting(s),” “Posted”) on the Site.
MCN may amend this Acceptable Use Policy at any time by posting the amended AUP on the Site. All amended terms shall automatically be effective immediately after they are Posted on the Site. Your continued use of the Site will constitute Your acceptance of any changes or additions to this Acceptable Use Policy.
Scope and Application of AUP
Your compliance with, and cooperation in MCN’s enforcement of, this AUP is an important condition to Your continued use of the Site. This AUP is not intended to address all possible unacceptable Postings on the Site. As a result, MCN reserves complete discretion to determine what constitutes an unacceptable Posting and reserves the right to suspend or terminate Your ability to Post, or take such other action as MCN deems appropriate in its sole and exclusive discretion.
You may Post on the Site only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not Post to facilitate, or otherwise assist others in, the violation of any law or regulation.
The following list is illustrative, but not exhaustive, of the Posting activities that MCN, in its sole discretion, may prohibit You from engaging in on the Site. You agree that without express consent from MCN, Your Posting on the Site shall not:
violate the list of Prohibited and Restricted Items Policy that is incorporated herein;
be false, inaccurate or misleading;
be fraudulent or involve the sale of counterfeit or stolen items;
infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising);
be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
be obscene or contain child pornography;
contain hate speech, directed at any individual, group or entity;
contain immoral, scandalous, vulgar, tasteless, indelicate, crude or profane material;
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) or serve as/provide a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
be harmful or potentially harmful to the MCN Server structure as determined in MCN’s sole discretion, including without limitation overloading the MCN technical infrastructure;
create liability for MCN and its subcontractors or expose them to undue risk or otherwise engage in activities that MCN, in its sole discretion, determines to be harmful to MCN’s affiliates, operations, reputation, or goodwill;
link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation.
The following list is illustrative, but not exhaustive, of the material that You are prohibited from Posting on the Site:
Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
Obscene Material, Child Pornography and Pornography
Offensive Material or Hate Speech
Material that infringes on another’s intellectual property rights
Spamming and Related Activities
MCN strictly prohibits Your use of the Site to transmit SPAM or to advertise via SPAM. “SPAM” is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium. Activities that violate this AUP may also subject You to civil liability to third parties and to criminal penalties.
YOUR USE OF THE SITE MAY NOT VIOLATE ANY OF THE PROVISIONS IN THIS AUP. MCN MAY SUSPEND OR TERMINATE YOUR SERVICES, OR ALTERNATIVELY REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP.
You violate this AUP when You or any third party acting on Your behalf engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successfully or otherwise, contrary to the terms of this AUP.
MCN will not intervene or become involved in any disputes between You and a third party. Consequently, MCN reserves the right, in its sole and exclusive discretion, to suspend or terminate Your Postings upon its receipt of any third party complaint that You have engaged in any activity that violates this AUP, that may otherwise subject MCN to liability for any reason, or that may cause MCN to incur legal fees or other expenses.
MCN may suspend and terminate Your Postings without notice to You for breach of this AUP. MCN may also report Your activities to federal and/or state law enforcement agencies.
Monitoring of Services; Cooperation with Law Enforcement; Legal Documents
You are solely responsible for ensuring that materials that You Post on the Site comply with this AUP and all applicable laws and regulations. MCN is not responsible for reviewing, editing or taking responsibility for any information You may Post.
MCN may disclose information, including information that You may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. MCN assumes no obligation to inform You that such information has been provided and, in some cases, MCN may be prohibited by law from providing You with notice.
In addition to these activities, MCN’s other policies also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and MCN may respond as appropriate to these other activities as well.
It is Your responsibility to provide and check the contact information, including a required valid e-mail address, that You provide to MCN. It is Your responsibility to inform MCN promptly of any changes to Your contact information. MCN has no responsibility for communications that are misdirected as a result of Your failure to provide MCN with updated contact information.
ONLINE COMMUNITIES AND FAN CLUBS
MCN provides service and technology to allow individuals to join brand-specific online communities. Access to some communities may incur a fee which is charged on an annual basis. Any such online membership purchase is a non-refundable purchase. Any person purchasing a membership for a MCN hosted community understands that the purchase is not refundable for any reason.
MCN Online Store is managed by and fulfilled by MCN. ALL SALES ARE FINAL. WE DO NOT ISSUE REFUNDS. Clothing may be exchanged for another size, only if it is in new condition. We cannot do exchanges for a different item. If your item is defective, we will replace the merchandise with the same item. The new item will be mailed to you and we will credit you back for the postage for the return of the defective item once we have received the item. If the defective item is not returned to MusicCityNet within 15 days of the shipment of the replacement item, your account will be charged for the additional item. Shipping and Handling Fees are non-refundable unless we have made an error. We are NOT responsible for lost orders that are not reported within 30 days of the order date. All defective items or exchanges must be returned within 30 days of the order date.
We have a NO REFUND policy. We do not guarantee that every member will be able to get pre-sale tickets through the a fan club or online community. Just as any show can sell out of tickets, so can the pre-sales.
Nothing contained in this policy shall be construed to limit MCN's actions or remedies in any way with respect to any of the foregoing activities, and MCN reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the MCN service, and levying cancellation charges to cover MCN's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, MCN reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
If you have any questions regarding this Policy, please contact us at firstname.lastname@example.org
COPYRIGHT CLAIMS POLICY
MCN, Inc. (“MCN”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/
Upon proper notification of a claimed infringement, MCN will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the MCN websites infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MCN is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided in the notification is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is MCN’s policy:
to remove or disable access to the infringing material;
to notify the user that MCN has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system, their account(s) will be terminated, and they will no longer be able to use MCN services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the MCN user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user, must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
User's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which MCN is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
CAUTION: PURSUANT TO TITLE 17, SECTION 512(F) OF THE UNITED STATES CODE, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING, OR THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES, INCURRED BY THE ALLEGED INFRINGER, BY ANY COPYRIGHT OWNER OR COPYRIGHT OWNER'S AUTHORIZED LICENSEE, OR BY A SERVICE PROVIDER, WHO IS INJURED BY SUCH MISREPRESENTATION, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO THE MATERIAL OR ACTIVITY CLAIMED TO BE INFRINGING, OR IN REPLACING THE REMOVED MATERIAL OR CEASING TO DISABLE ACCESS TO IT.
Please contact MCN at the following email address: email@example.com
Types of Information Collected.
1.1 Traffic Data Collected.
MCN automatically tracks and collects aggregate data and information when You visit this Site, including but not limited to, Your (i) IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser (collectively, “Traffic Data”). Traffic Data is anonymous broad demographic information that does not personally identify You, but is helpful for administering our Site and improving Your experience on the Site. MCN may share such non-personally identifiable Traffic Data with existing and prospective business partners and advertisers. As is the case with most web sites, MCN also uses “cookies” to customize content specific Your interests.
1.2 Personal Information Collected.
In order for You to access and use certain services MCN offers via this Site, MCN may require You to provide information that personally identifies You (“Personal Information”). Personal Information may include: (i) Your email address and basic contact information; (ii) Your account, credit card number or other financial information; and (iii) demographic data, such as Your zip code and gender; (iv) computer sign-on data, statistics on page views, traffic to and from the Site and ad data (all through cookies - You can take steps to disable cookies on Your browser, however this is likely to affect Your ability to use the Site); (v) desired user name; (vi) discussion board posts and other messages, including correspondence between MCN and You; (vii) general information regarding your purchasing and shopping. If You communicate with MCN by e-mail or otherwise complete an on-line form or survey, any information provided in such communication may be collected as Personal Information.
1.3 Data and Reports Compiled or Generated Through the Site Services.
As a part of certain services, MCN compiles and stores data and information and generates reports related to Your access to and use of such services (“Service Data and Reports”).
Use of Personal Information Collected.
We use Your Personal Information to:
provide MCN Services and products;
resolve disputes, calculate and collect fees, and troubleshoot problems;
verify users’ identity and the information users provide;
encourage safe online experience and enforce our policies;
customize users’ experience, analyze site usage, improve and measure interest in our services, and inform users about services and updates;
communicate administrative announcements when we need to provide users with information that may affect their use of Indie Labs Services and products;
communicate marketing and promotional offers to our users;
provide customer service; and
perform other business activities as described when we collect the information.
During the course of the business, we may use Your Personal Information to deliver to You information that is targeted to Your interests. Upon receipt of the first communication of this type, You will have the opportunity to opt-out of future communications by clicking on the unsubscribe link or by following unsubscribe instructions described within the communication. From time to time, we may implement solutions designed to more efficiently capture Your communications preferences. In any such event, we will strive to reflect any previously stated communicated preferences within such solutions. As part of your use of the Site, You agree that You may receive certain administrative communications from MCN, such as administrative announcements and customer service messages regarding MCN services and products, and You will not be able to opt out of receiving such administrative communications.
Confidentiality and Security of Personal Information.
If you choose to register with our websites, our registration forms require you to give us certain information including your name, address, zip/postal code, phone number, email address, and date of birth. Personally identifying information is used to contact you when necessary in the day to day running of the websites. In addition, financial information that is collected is used to bill you for products and services you may purchase through the websites.
5. Voluntary Contact.
If you send us information voluntarily, such as through personal correspondence, email, or chat rooms, or if other users or third parties send us correspondence about your activities or postings on our websites, we may collect such information. We use such information, and other information that we obtain from your use of the services, to resolve disputes, troubleshoot problems and enforce our Acceptable Use Policy, among other things. Please also note that information you volunteer in public areas, such as chat rooms and bulletin boards, is not protected information, and anyone could potentially collect and use such information in ways we cannot control.
6. Email Optout
In addition to using your information as described above, we also may occasionally send you email announcing special promotions, changes in our services, and other information we believe will be of interest to you. You may opt out of receiving any future mailings by clicking on "opt out using TrueRemove™" located at the bottom of all emails sent via MCN email marketing.
7. Other Limits to Your Privacy.
Disclosure of Customer Information through Business Transfers.
As MCN continues to develop its business, MCN may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, Your Personal Information may be among the transferred assets. Similarly, in the unlikely event that a portion or substantially all of MCN assets are sold or transferred to a third party, Personal Information likely would be one of the transferred business assets.
Consent to Privacy Statement.
At any time, You may revoke your consent, cease further use of Your email address to send You updates, and direct MCN to delete the information You have supplied. Although it is not always possible to remove or modify information in the databases, MCN will make reasonable efforts to do so. We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. For example, we may be forced to disclose information to the government or third parties under certain circumstances without your consent, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.
A Special Note About Children
This website is a general audience site and is not directed to or intended for use by children under the age of 13. To ensure compliance with federal law, this website does not knowingly collect or maintain personal information provided by children under the age of 13. If a child under the age of 13 has provided personal information in violation of the website access restrictions, a parent or guardian of that child must contact us immediately at firstname.lastname@example.org so we can promptly remove such information from our records.
MCN welcomes your comments and questions. You may contact us using the following address and contact information: E-mail: email@example.com
SALES AND RETURN POLICY
ALL SALES ARE FINAL. WE DO NOT ISSUE REFUNDS.
Clothing may be exchanged for another size, only if it is in new condition. We cannot do exchanges for a different item. Please reference the site before sending your merchandise back to us in order to ensure that we are carrying the size that you need.
If your item is damaged/defective, we will replace the merchandise with the same item. The new item will be mailed to you and we will credit you back for the postage (up to $6.00) for the return of the defective item once we receive the defective item back (please include postage if not on the outside of the package). If the defective item is not returned to MCN within 15 days of the shipment of the replacement item, your account will be charged for the additional item.
Shipping and Handling Fees are non-refundable unless we have made an error.
We are NOT responsible for lost orders that are not reported within 30 days of the order date.
All defective items or exchanges must be returned within 30 days of the order date.
Please include the following with your return:
If exchanging: $6 shipping and handling in the form of a check or money order to cover shipping and handling. Please note* If $6 is not included in the package, your credit card will be charged a $7.00 handling fee. (No exchange fee necessary for damaged/defective items.)
Attn: Merchandise Returns
1008 Old Tree Court
Nashville, TN 37210