Get Success 101, LLC. (hereafter referred to as the "Company" or 'Get Success 101"), is a service that enables Users to set up accounts in order to post, listen to or sell uplifting media. You may become a User by just visiting the site or through the Registration process. Get Success 101 provides its services (the "Service"), to you subject to the following Terms of Service (the "Terms"), which may be updated by us from time to time without notice to you. Please check these Terms periodically for changes.
By using the Service, you agree to be bound by these Terms, our Privacy Policy, all applicable laws and all conditions or policies referenced here.
In addition, when using the Service, you shall be subject to any guidelines or rules (the "Guidelines")
applicable that may be posted online from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
You will not hold the Company responsible for others' content, actions or inactions.
You acknowledge that we have no control over and do not guarantee the quality, safety or legality of organizations or individuals promoted,
the truth or accuracy of content or listings; If you do not agree to these Terms of Service then do not use or access mormontalent.com.
By using the Get Success 101 service you agree to the following:
1. You will comply with all local, state/provincial, regional & national laws in your area of residence.
2. You are to alert the Get Success 101 service staff about any unauthorized use of your copyrighted materials.
3. You agree to abide by all our terms and conditions and the PayPal acceptable use policy.
4. You are truthful in all information you provide in and through Get Success 101,
you are not impersonating anyone and you are being truthful as to any affiliation with any person or entity.
Get Success 101 is not responsible for any error or omission in the information any User provides.
5. You agree to upload only family freindly content.
Communications
Electronic communications from mormontalent.com will be sent to users to inform them of a variety of events about the state of their media.
You agree to allow Get Success 101 to send these communications to your email address.
You also agree that Get Success 101 is not liable for any user generated content that is sent to you as a part of these communications.
Registration
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service,
you may be required to register with mormontalent.com and select a password and user name ("User ID").
You shall provide Get Success 101 with accurate, complete, and updated registration information.
Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your mormontalent.com account.
You shall not (i) select or use a User Name or domain a name of another person with the intent to impersonate that person;
(ii) use a User Name or domain a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use a User ID or domain a name that is otherwise offensive, vulgar or obscene.
Get Success 101 reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality
of your Get Success 101 password. You shall never use another user's account without such other user's express permission.
You will immediately notify Get Success 101 in writing of any unauthorized use of your account,
or other account related security breach of which you are aware.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links
to the Site. When you access third party websites, you do so at your own risk.
These other websites are not under Get Success 101's control, and you acknowledge that Get Success 101 is not responsible
or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply endorsement by Get Success 101 or any association with its operators.
You further acknowledge and agree that Get Success 101 shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content,
goods or services available on or through any such website or resource.
The Content and License
You agree that the Service contains Content specifically provided by Get Success 101 or its partners and that such Content is protected
by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content
accessed through the Service. Get Success 101 grants each user of the Site and/or Service a worldwide, non-exclusive,
non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use,
reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without
prior written permission from Get Success 101, or from the copyright holder identified in such Content's copyright notice.
You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any
third party right.
Copyright Notifications
Get Success 101 respects the intellectual property of others, and we ask our users to do the same.
Get Success 101 may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe
the intellectual property rights of others. Get Success 101 will remove infringing materials in accordance with the Digital
Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide Get Success 101 with a written notification containing
at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S.
Copyright Act, 17 U.S.C. §512(c)(3), for more information): an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Get Success 101 Site, sufficient for Get Success 101
to locate the material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you that the above information
in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright
owner's behalf. If you believe that your work has been removed or disabled by mistake or misidentification, please provide the
Get Success 101's Copyright Agent with a written counter-notification containing at least the following information (please confirm
these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more
information): a physical or electronic signature of the subscriber/user of the Services; 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 access to it was disabled; a statement made under penalty
of perjury that the subscriber has a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material to be removed or disabled; and the subscriber's name,
address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court
for the judicial district in which the address is located, or if the subscriber's address is outside of the United States,
for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person
who provided notification under subsection (c)(1)(C) or an agent of such person. You acknowledge that if you fail to comply
with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that Get Success 101
may ignore such incomplete or inaccurate notices without liability of any kind. Under Section 512(f) of the Copyright Act, 17 U.S.C.
§512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake
or misidentification may be subject to liability.
Intellectual Property Rights
Project Creators,
The Service provides you with the ability upload your content to the Site. Get Success 101 will not have any ownership rights in your content,
however, Get Success 101 needs the following license to perform the Service. You hereby grant to Get Success 101 the worldwide,
non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform
the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute
and otherwise exploit ("Host") the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service. You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Service or the Get Success 101's Hosting of the content as contemplated by these Terms of Use. To enable Get Success 101 to Host your content pursuant to the above provisions, you hereby grant to Get Success 101 the worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service.
Users,
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you: acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission; by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Get Success 101 a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Get Success 101's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Get Success 101 does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; represent and warrant, and can demonstrate to Get Success 101's full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Get Success 101 and all users of the Service; you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service; that the use or other exploitation of such User Submissions by Get Success 101 and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and understand that Get Success 101 shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Get Success 101 will not be liable for any errors or omissions in any content; and that Get Success 101 cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Get Success 101 does not endorse and has no control over any User Submission. Get Success 101 cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
International
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations,
you do so at your own initiative and are responsible for compliance with local laws.
Termination
Get Success 101 may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice,
effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
If you wish to terminate your account, you may do so by contacting us. All provisions of the Terms of Use which by their nature should
survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Warranty Disclaimer
Get Success 101 has no special relationship with or fiduciary duty to you. You acknowledge that Get Success 101 has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Get Success 101 from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Get Success 101 makes no representations concerning any Content contained in or accessed through the Site, and Get Success 101 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GET SUCCESS 101, AND ITS
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A)
THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B)
ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C)
ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D)
THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Electronic Communications Privacy Act Notice (18USC 2701-2711): GET SUCCESS 101 MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
Get Success 101 will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Get Success 101's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Indemnification
You shall defend, indemnify, and hold harmless Get Success 101, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Get Success 101 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Get Success 101 in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL GET SUCCESS 101, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Electronic Delivery/Notice Policy and Your Consent
By using the Services, you consent to receive from Get Success 101 all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Get Success 101 may provide such electronic Contract Notices by posting them on the Get Success 101 Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Get Success 101 Site and Services.
Integration and Severability
The Terms of Use are the entire agreement between you and Get Success 101 with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Get Success 101 with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous
Get Success 101 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Get Success 101's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Get Success 101's prior written consent. Get Success 101 may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received.
Your Content
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Get Success 101. Get Success 101 does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of wheteher it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Get Success 101 shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Grant of License
By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct Get Success 101 to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to your Content offline) and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for Get Success 101 to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to Get Success 101 on a limited, worldwide, non-exclusive, royalty-free and fully paid basis. By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the permissions tab in the track edit section for each sound you upload, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks. The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. Removal of audio Content from your account will automatically result in the deletion of the relevant files from Get Success 101’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Get Success 101 is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Furthermore, if you authorize any of Your Content to be available for offline listening, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Platform who saved the applicable Content for offline listening on their devices, but no longer than 30 days from the time of deletion. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Liability for content
You hereby acknowledge and agree that Get Success 101 (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Get Success 101 excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto. You hereby acknowledge and agree that Get Success 101 cannot and does not review the content created or uploaded by its users, and neither Get Success 101 nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law. Get Success 101 and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Get Success 101 or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.