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Background:
| A. | The Customer is of the opinion that the Service Provider (hamptonroadsmusic.com) has the necessary qualifications, experience and abilities to provide services in connection with the business of the Customer. |
| B. | The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement. |
In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Engagement:
The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of
The following is a list of provided standard member services. (Non-paying members)
| 1. | As a standard "band" member you will be allowed to link one original non-cover .mp3 song from "your" website to your band’s chart listing on hamptonroadsmusic.com |
| 2. | As a standard "band" or "voter" member your vote will be worth 1.5 votes when you are logged in and cast a vote. Only one vote per valid unique IP will be allowed per 24-hour period per band regardless of the number of registered account holders using said IP. |
The following is a list of provided platinum member services. (Paying members)
| 1. | As a Platinum Member you will be allowed to link one to three original non-cover .mp3 song(s) from "your" website to your band’s chart listing on hamptonroadsmusic.com |
| 2. | As a platinum member the calendar function will be enabled to allow you to use the site to promote your performances and other important date specific band info. |
| 3. | As a platinum member you will be eligible to receive prizes should your band come in one of the current prize sponsored spots on our sites main chart. (Info on what spots currently have prizes can be found on the Help section of the site under Platinum Member Prize Information.) |
| 4. | As a platinum member you will automatically be able to use any newly developed features for the platinum service as they become available. |
| 5. | As a Platinum member your vote will be worth 1.5 votes when you are logged in and cast a vote. Only one vote per valid unique IP will be allowed per 24-hour period per band regardless of the number of registered account holders using said IP. |
Term of Agreement:
The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect for an unspecified amount of time. However, it is subject to termination as otherwise provided in this Agreement.
Performance:
Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect. By logging into the HamptonRoadsMusic.com service songs which may contain explicit lyrics and or content will become accessible to you they appear with an x across the middle of the song link icons in the chart if the artist has correctly labeled them as explicit. By creating an account with the HamptonRoadsMusic.com service you aknowledge that you understand this and realize that not clicking these song icons is your best way to avoid them or simply logging out of the system. If you find a song has explicit lyrics and or content but is not correctly labeled as explict please report it to admin@hamptonroadsmusic.com
Compensation:
For the Services provided by the Service Provider under this Agreement, the Platinum Member Customers will pay to the Service Provider compensation in the amount of $7.99 per month. Compensation will be automatically paid once per month via the PayPal online payment service payable to paypal@hamptonroadsmusic.com. Accordingly, there will be no additional compensation.
Expenses:
The Service Provider will be reimbursed by the Customer(s) for any expenses incurred in connection with providing the Services hereunder to any Customer(s) legal or otherwise.
Severability:
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Currency:
Unless otherwise provided for, all monetary amounts referred to herein will be paid in US dollars.
Termination of Agreement:
The Customer may terminate this Agreement at any time in the case of Platinum membership you must provide the Service Provider notice of your plan for account termination before it's next scheduled billing cycle. No refunds will be paid for any unused service time if your account is canceled or terminated for any reason including the termination of the hamptonroadsmusic.com service. The Service Provider may terminate this Agreement at any time by giving the Customer(s) 90 days notice. The Service Provider may also terminate this agreement with any Customer if they fail to adhere to the rules of the contest which can be viewed in full under Rules in the help section of the HamptonRoadsMusic.com website.
The obligations of the Service Provider under this Agreement will terminate upon the earlier of the Service Provider ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Service Provider.
Governing Law:
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with the governed, to the exclusion of the law of any other forum, by the laws of the Commonwealth of Virginia, without regard to the jurisdiction in which any action or special proceeding may be instituted.
In withness whereof the parties have duly executed this Service Agreement by checking the required I agree to the hamptonroadsmusic.com membership service agreement option when creating their hamptonroadsmusic.com account. |  |
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