Welcome to the MN1 news website at musicnewsfirst.com (“Site”) which is owned by Lankford Productions & Media Group, Inc. (LPMG). This Site is operated by LPMG and MN1 and materials on the Site are owned, for the most part, by LPMG. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant, or some other form of agreement between the third party and LPMG.
LPMG reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile, or other electronic means), publication, modification, copying, or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of LPMG or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material, or stills from audiovisual material available on this Site. The use of materials from this Site on any other website or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting LPMG in writing at:
1008 E 11th St
Fort Worth, TX 76012
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards, and greeting cards, and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered, or given away.
The Site may provide you with the chance to upload or provide messages, photos, videos, clips, ideas, feedback, comments, or other content (“Content”). You understand and agree that LPMG has the right in its sole discretion, but not the obligation, to monitor, edit, and remove any posted Content, and assumes no liability for any such Content. You warrant that you own or otherwise control all of the rights to such Content, that it is accurate, and that its use does not violate these terms and will not injure any person or entity. You further agree not to upload, post or otherwise make available Content that is protected by a third party’s copyright, trademark, or another proprietary right without the express permission of the third-party owner of the copyright, trademark, or another proprietary right. You shall be solely liable for any damage resulting from any infringements on third-party rights resulting from your submission of such Content.
You agree that your uploading and/or transmittal of Content does not violate any of the provisions set forth under the “Bulletin Boards and Chat Rooms” section of these terms. If you upload or transmit Content, you grant to LPMG a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, translate, create derivative works (including products) from, distribute, and display such Content, in whole or in part, throughout the world in all media. You grant LPMG the right to use the name that you submit in connection with such Content.
You agree that any Content that you submit shall be considered non-proprietary and non-confidential. LPMG shall have no obligations of any kind with respect to any Content and shall be free to reproduce, use, disclose and/or distribute any Content for any purpose whatsoever, without limitation. You also agree that LPMG shall be free to use any ideas, concepts, or techniques embodied in the Content for any purpose whatsoever, including, but not limited to, producing, developing, and marketing news stories, shows, the content of any kind, products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
BULLETIN BOARDS AND CHAT ROOMS
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). However, LPMG accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in forums on this site.
LPMG does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by LPMG prior to posting and do not necessarily reflect the opinions or policies of LPMG. LPMG makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, LPMG reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
LPMG assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time LPMG chooses, in its sole discretion, to monitor the Forums, LPMG nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that LPMG accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts, or removes your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
1) are unlawful, threatening, obscene, vulgar, pornographic, profane, or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national or international law;
2) violate the copyright, trademark, or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to LPMG that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
3) improperly assume or claim the identity, characteristics, or qualifications of another person
4) are for purposes of spamming
5) contain any virus or other harmful component
6) are libelous, or an invasion of privacy or publicity rights or any other third-party rights; or
7) are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of LPMG and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or deleted as LPMG sees fit.
You agree to release LPMG, its parents, and affiliates together with their respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
LPMG offers free headlines for personal, non-commercial use via Really Simple Syndication (“RSS”) (RSS 2.0). RSS is an XML-based format for easily sharing news headlines and summaries for use in your favorite news readers and Weblogs (blogs). The feeds include links back to the Site for the full article, and they update automatically.
To use RSS, you will need a special RSS newsreader or aggregator that will allow you to collect and display the RSS content. LPMG does not provide the required news reader or aggregator. There are many different news readers available, many for free. Most newsreaders are applications that you download and install. Others are web-based services you sign up for that work inside your browser.
LPMG reserves the right to cease offering any or all of the RSS feeds at any time or to require you to cease distributing any or all of the feeds at any time for any reason. LPMG assumes no liability for your activities in connection with the RSS feeds or for your use of the feeds in connection with your website.
LPMG’s podcasting service (“Podcasting Service”) consists of free news and information audio files (“Podcast Content”) that may be downloaded to your computer and then transferred to your MP3 player.
You may only use the Podcasting Service with platforms that provide a functional link that, when accessed, takes the user directly to the podcast feed on the Site. The Podcast Content may be used only in a manner that allows linking or redirection to or delivery of the applicable page on the Site. You may not insert any intermediate page, splash page or any other content between the podcast link and the applicable page on the Site. LPMG retains all ownership and other rights in the Podcast Content and in any and all LPMG logos and trademarks used in connection with the Podcasting Service. If applicable, you must provide attribution to the appropriate page on the Site in connection with your use of the Podcasting Service, and, if you use a graphic in the attribution, you must use the appropriate LPMG logo incorporated into the Podcast Content.
LPMG reserves the right to cease offering any or all of the Podcasting Service or Podcast Content at any time or to require you to cease any and all use of the Podcasting Service or Podcast Content at any time for any reason. LPMG assumes no liability for your activities in connection with the Podcasting Service or for your use of the Podcast Content in connection with your website, computer, or MP3 player.
LPMG does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, storylines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. LPMG’s policy is to simply delete any such submission without reading it or forwarding it to other LPMG staff. Therefore, any similarity between an unsolicited submission and any elements in any LPMG creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to LPMG via this Site, however, these submissions become the property of LPMG and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as LPMG sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against LPMG, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact Legal Department of LPMG at 1008 E 11th St Fort Worth, TX 76012 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or LPMG, including its respective employees, agents, directors, officers and shareholders.
If LPMG has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that LPMG is connected with, operates or controls these websites.
LPMG takes no responsibility for third-party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Disclaimer of Liability and Warranties
While LPMG does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that LPMG DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error-free or reliable.
You acknowledge that LPMG and third-party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that LPMG is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that LPMG and third-party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
With respect to any Content provided by users or other submissions, LPMG is merely a distributor of such Content. LPMG is not responsible for any Content submitted by users or other third parties, including their opinions, judgments, advice, statements, services or other information provided. LPMG shall not be liable for any loss or damage caused by any reliance upon such information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Content.
You agree to defend, indemnify and hold harmless LPMG, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
LPMG reserves the right to immediately terminate your use of, or access to, this Site at any time if LPMG decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that LPMG considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify LPMG of your copyright infringement claim in accordance with the following procedure.
LPMG will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent:
1008 E 11th St
Fort Worth, TX 76102
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
If you agree to the TOU and (1) are of sufficient age and capacity to use MN1 and be bound by the TOU, or (2) use MN1 on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exMN1usive, non-assignable license to use MN1 in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from MN1, exMN1uding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email MN1ients) or services that interact or interoperate with MN1, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect MN1 content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of MN1’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse MN1’s flagging or reporting processes. You agree not to collect MN1 user information or interfere with MN1. You agree we may moderate MN1 access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available MN1 or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide MN1, (iii) combine or integrate MN1 or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects MN1 or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use MN1 or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting MN1 users’ information, inMN1uding personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of MN1 without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of MN1 – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of MN1 – the price per post applicable to that section of MN1; (F) sending an unauthorized/unsolicited email to an email address obtained from MN1 – $25 per violation; (G) using MN1 user information to make/send an unauthorized/unsolicited text message, call, or communication to a MN1 user – $500 per text/call/communication; (H) creating a misleading or unlawful MN1 account or buying/selling a MN1 account – $4 per violation; (I) abusing or attempting to abuse MN1’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting MN1 content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of MN1 in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or MN1aim, inMN1uding statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
When you make a paid posting (https://marketnewsfirst.com/classifieds/place-ad-2/), you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY
To the full extent permitted by law, MN1.COM and related sites’ parent company, Lankford Productions & Media Group, Inc (LPMG), and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“MN1 Entities”) (1) make no promises, warranties, or representations as to MN1, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide MN1 on an “AS IS” and “AS AVAILABLE” basis and any risk of using MN1 is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with MN1. MN1 Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to MN1, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY
Any claim, cause of action, demand, or dispute arising from or related to MN1 (“claims”) will be governed by the internal laws of Texas, without regard to conflict of law provisions, except to the extent governed by US federal law. Any claims will be exclusively resolved by courts in Fort Worth, Texas (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Fort Worth, TX; (2) indemnify and hold LPMG Entities harmless from any claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of MN1; and (3) be liable and responsible for any claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access MN1 thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.