Service Terms and Conditions

Introduction and Acceptance

From time to time, Rodney Mills Masterhouse (“Masterhouse”) may provide you with the opportunity to use certain services via one or more of its websites (“Services”). Some of these Services include the ability to use website development tools, to access a promotional or utility web space that can be personalized with your own content in order to create a personal webpage (“Personal Homepage”), and to create unique music or Musics using Masterhouse-provided content and music as well as your own personal pictures (“Music”). The term “Services” includes any tools, pictures, information, music, masters, MP3’s, DDP’s and other content provided by the Masterhouse in connection with the Services.

A limited license to use the Services shall be granted to you free of charge on the express condition that you accept, without modification, and abide by these Service Terms and Conditions (“Service Terms”). If you do not agree to these Service Terms, please do not use any of the Services. By using any of the Services, you agree that you have read, understood and agree unconditionally to be bound by these Service Terms, and further understand and agree that these Service Terms are in addition to our general Terms of Use, and that your use of each of the Services is subject to both these Service Terms and our general Terms of Use.

Please read these Service Terms carefully. From time to time and at its sole discretion, the Masterhouse reserves the right to change these Service Terms for any reason, with or without notice to you. However, if the Service Terms change, we will always post the revised Service Terms on our website www.RodneyMills.com (our “Main Website”) or another website that we designate as the successor Main Website. This means that the then-current Service Terms posted on the Main Website will always be the governing Service Terms. We encourage you to review the Service Terms regularly for any changes. Your continued use of the Services will mean acceptance of any changes we make to the Service Terms.

You may withdraw your consent to these Service Terms or the general Terms of Use at any time for any reason by providing written notice to us using the contact information provided below. In such event, we will have the right, but not the obligation, to promptly remove any content that you have stored on our websites or servers (including, without limitation, any music, Musics or pictures that you have stored) and/or discontinue allowing access by third parties to such content (including, without limitation any Music or Personal Homepages), and the provisions regarding termination below will apply.

If you have any questions about our Service Terms or would like to withdraw your consent to these Service Terms or the general Terms of Use, you may email us or write to:

By email: booking@RodneyMills.com
By conventional mail: Rodney Mills Masterhouse
Attn: Web site Legal Policies
22 South 13th Street
Fernandina Beach, FL 32034

Masterhouse Rights and Limitation of Liability

The Masterhouse reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on the Masterhouse’s servers on your behalf. Without limiting the foregoing, you agree that the Masterhouse shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Homepage or Music, or any information, pictures, content, music, masters or email provided by or stored by you on your Personal Homepage or in connection with your Music, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of the Masterhouse.

You acknowledge that the Masterhouse reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Masterhouse shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

IN NO EVENT SHALL THE TOTAL AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.

Your Obligations

In exchange for receiving the Services, you agree that you will not:

(1) Use the Music, your Personal Homepage, or any other Service for any purpose other than in connection with sending masters to manufacturers, radio promoters, digital distributors or individuals directly associated with your masters or files, as applicable;

(2) Use the Music, your Personal Homepage, or any other Service either directly or indirectly, in connection with any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);

(3) Illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute any of the Services, any other party’s Music or Personal Homepage, or any other data or information provided on the Masterhouse’s websites or in connection with the Services;

(4) Alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person;

(5) Access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in the Masterhouse’s systems or network resources;

(6) Impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorized computer functions to the Masterhouse’s computer systems or those of any other users or any other person;

(7) Use the Music, your Personal Homepage, or any other Service to engage in any practice or conduct that is unlawful under any applicable laws or regulations;

(8) Use the Music, your Personal Homepage, or any other Service to engage in any activity that harms or would be reasonably likely to harm the reputation, image, or goodwill of the Masterhouse; or

(9) Use the Music, your Personal Homepage, or any other Service to reference, offer, facilitate, promote or use the following: gambling, gaming, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner.

You may select a log-in and password upon completing the user account’s registration process. You are responsible for maintaining the confidentiality of your log-in and password, and are fully responsible for all activities that occur under your log-in and password. Without limiting the foregoing, you must immediately notify the Masterhouse of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services.

License

With respect to any Music, lyrics, pictures, information, writings, or other content provided by you in connection with the Services or uploaded onto our website’s servers (“Your Property”), you shall retain any and all licenses to your content. The Masterhouse respects your intellectual property rights and will make every effort to keep your files private and secure while they reside on our servers.

Indemnification

You agree to defend, indemnify, and hold harmless the Masterhouse and its subsidiaries, affiliates, officers, agents, partners, and employees for all liabilities, damages, fees, losses, costs, and expenses of whatsoever kind or nature (including reasonable attorneys’ fees and court costs) arising out of or in connection with any claim arising out of or in connection with (i) any act, omission, misrepresentation (including any unauthorized representation) or negligence by you or anyone acting on your behalf; (ii) any violation of any applicable law by you or anyone acting on your behalf; (iii) any breach of these Service Terms or the general Terms of Use by you or anyone acting on your behalf; or (iv) any claim that Your Property violates the intellectual property or any other proprietary rights of a third party.

Termination

You agree that the Masterhouse may, in its sole and absolute discretion, immediately terminate your Personal Homepage, Music, any associated email address or link, and/or access to the Services without any prior notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Service Terms, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the website, (h) discontinuance of the Services as a whole, (i) a statement by you that you no longer agree to these Service Terms or the Terms of Use, or a statement by you otherwise requesting termination of your access to the Services, (j) completion of the mastering process, and/or (i) any other reason reasonably considered by the Masterhouse to be in its best interest.

Termination of your Masterhouse account may include, at the Masterhouse’s sole and absolute discretion, (a) removal of access to all offerings within the Services, including but not limited to your Personal Homepage, Music, and the Masterhouse’s email, groups, message boards, website development tools, (b) deletion of your user name and password and all email, information, files and content associated with or on your Personal Homepage, and (c) barring further use of the Service.

All terminations shall be made in the Masterhouse’s sole discretion and that the Masterhouse shall not be liable to you or any third-party for any termination of your access to your Music, Personal Homepage, Your Property, or any associated email, email address, information, or other content, or access to the Service. Upon termination, the Masterhouse will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to the Masterhouse with respect to the Services terminated; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination.

Unless expressly set forth otherwise, no right or remedy granted by any provision of these Service Terms is intended to be exclusive of any other right or remedy provided in these Service Terms or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Service Terms, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Service Terms, at law, in equity, or otherwise.

Force Majeure

Neither party shall be liable to the other party for any failure to perform its obligations under these Service Terms if such failure was the result of an act, occurrence, or other event outside of its reasonable control, including without limitation: acts of God, fire, severe weather, and other natural disaster and events; accidents, acts of government, war, warlike conditions, terrorism, and public disorder; a failure or error in the operation, of all or any part of the website, Masterhouse computer systems, logistics infrastructure, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, and the taking offline of any of those computer systems or network resources when necessary; and any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this website or network resources or any other computer systems or network resources to which they may be connected by any person.