Membership Agreement / Terms and Conditions of this Service Provider
This agreement describes the legal relationship between ArtistServer.com (hereafter
referred to as "us or we" or "this Website") and you (an individual musical artist or an individual acting
as the legal representative of your band and hereafter referred to as "you"). These
terms have been drafted to help protect the interests and rights of the bands, individual
artists and their representatives. Please read the text carefully. By clicking the
"I Agree" button below, you are telling us that you agree to be bound by all terms and
conditions of this agreement and by submitting music or other content to us by any means,
you indicate that you agree to be bound by this agreement.
You hereby grant us, and by the act of delivering material to us, a non-exclusive,
worldwide, royalty-free license to: reproduce, distribute, publicly inform, publicly display, digitally perform, the Material, in whole or in part, and use the name and likeness of any individuals represented in the Material on this Website and it's network related sites, based on the access settings you establish for your material.
A. Responsibility for contents
1. In general, we encourage our Members to express their artistic talent
by allowing them to send to its website different kind of material (email, images,
musical pieces, videos, etc) and by offering them the possibility to build dedicated
web pages. Nevertheless, We have the right to remove, from its pages,
musical pieces, written texts, images or other files which unequivocally infringe
the law (e.g. if defamatory, or offensive for religions). This, however, will be
done with respect for freedom of thought and the author’s (Member's) expression.
2. We, not having the control of what is published on the website by third
parties, waives all responsibilities on the exactness, correctness and/or legitimacy
of information or data at the users’ disposal through on line services, pursuant to
the applicable law (in particular, law on copyright, public morality, public order,
privacy, etc.), and of the use that other users could make of this material.
3. You represent and warrant that the material is your or your band's own original work,
and contains no sampled material, that you have full right and power to enter into and
perform this agreement, have the right to grant the rights and licenses, and have
secured all third party consents necessary to enter into this agreement, that the
material does not and will not infringe on any third party's copyright, patent,
trademark, trade secret, or other proprietary rights, rights of publicity or privacy,
or moral rights, the material does not and will not violate any law, statute, ordinance
or regulation, the material is not and will not be defamatory, trade libelous,
pornographic or obscene, and the material does not and will not contain any viruses
or other programming routines that detrimentally interfere with the computer systems
or data. All factual assertions that you have made and make to us are true and complete.
You agree to indemnify and hold us and our customers harmless from any and all damages
and costs, including reasonable attorney fees, arising out of or related to your breach
of the representations and warranties described in this section. You agree to execute
and deliver documents to us, upon our reasonable request, that evidence or effectuate
our rights under this agreement.
4. In the event of a breach of this agreement, then all costs and expenses including
reasonable attorney fees incurred by the prevailing party therein shall be paid by
you. The obligation on the part of the other party shall be deemed to have accrued
on the date of the commencement of such action and shall be enforceable whether or
not the action is prosecuted to judgment. Should ArtistServer.com be named as a
defendant in any suit brought by or against you in connection with or arising out of
your songs or recordings, you shall pay to ArtistServer.com its costs and expenses
incurred in such suit including reasonable attorney fees.
B. Unacceptable contents
The following is a non-exclusive list of content and behaviors that are UNACCEPTABLE
on this service provider:
1. Content that contains or contains links to: nudity, pornography, adult content, sex,
or foul language.
2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their
associated utilities, or other piracy related information, whether for educational
purposes or not.
3. Content that has been promoted through the sending of unsolicited email (spamming)
or mail fraud schemes, or pages that promote or condone the sending of unsolicited email.
Users who utilize this service provider resources, including email addresses for spam
are also subject to prosecution to the fullest extent of the law.
4. Content that commits acts of copyright, trademark, patent, trade secret or other
intellectual property infringement.
5. Content that is racist, or otherwise extremely offensive to others, including content
which aggravates, harasses, threatens, defames, or abuses others.
6. Storage of log files or non-html content, or any use of space that circumvents the
display of advertising.
7. Having password-only, hidden, or restricted access pages (all web pages must be
accessible to the Internet community at large).
8. Sites that exploit images of children under 18 years of age.
C. Warranty
1. This service provider provides space for musical pieces and the hosting of web page
profiles and member uploaded files. This service provider is not responsible for any
deletion, alteration, or loss of data due to network or system outages, file corruption,
accidental deletion, or any other reasons. This service provider makes no guarantees
as to network, speed, or consistency, and cannot be held liable for such (network
aspects like these are beyond the control of this service). Although we will constantly
work towards a more stable and faster network for our services.
2. Users are responsible for regularly monitoring and creating backups of their own
files, and agree to use the this service provider resources and infrastructure at
their own risk. This service is provided on an "as is" basis without warranties of
any kind, either expressed or implied. Neither this service provider nor its partners
makes any warranty with respect to any content, information, services, or products
provided through or in conjunction with this service.
3. This service provider and its partners make no guarantee of the accuracy,
correctness, or completeness of any information on these web pages and are not
responsible for any errors or omissions arising from the use of such information;
any failures, delays, or interruptions in the delivery of any content or services
contained on our servers; or losses or damages arising from the use of the content
or services provided by this service provider.
4. This service provider may also link to or include on its website resources and
information provided by 3rd party partners and providers. We do not guarantee the
reliability of this information, nor does the inclusion of this information imply
our recommendation of these services; it is merely provided to assist you in the
creation of your website and provide added value to our service.
5. You agree to indemnify this service provider and its partners against any and all
claims and expenses, including attorneys' fees, arising from the your use of this
service. This expressly includes your responsibility for any and all liability
arising from the violation or infringement of proprietary rights or copyrights and
any libelous or unlawful material contained within your website or uploaded to the
database from your account.
6. This service provider does guarantee a system average monthly uptime of 98%
D. Account termination
1. This service provider may terminate or susspend Member accounts at any time, with
24hr notice for conduct that violates these guidelines, or for conduct that this
service provider believes is harmful to the business of this service provider, or
any of its Members, or partners. Pages, files, images and musical pieces found in
violation of these items may be subject to immediate deletion and removal from our
servers. This service is not liable for the loss of any Member data due to the
deletion of sususpectedaterial.
2. You have the right to terminate this agreement at any time by notifying usin writing
(or through email via the email address you register with). We agree to terminate
this agreement within 10 business days of our actual receipt of this notice.
This agreement will be governed by California law, excluding conflict of law principles.
Any action or proceeding arising out of the related to this agreement must be brought in
state or federal court located in California and we both irrevocably submit to the
exclusive jurisdiction of such courts. All notices, requests and other communications
under this agreement must be in writing (email messages shall be deemed writings). This
agreement sets forth the entire understanding and agreement of the parties as to this
agreement's subject matter and supersedes all prior proposals, discussions or agreements
with respect to such subject matter. This agreement may be changed and updated by ArtistServer.com - any changes will require you to either accept (via an 'Accept
button on our site in your admin area) the new agreement or select to terminate your
account.
Copyright Complaints: ArtistServer.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement please provide a letter containing the information as detailed below. You will need to contact us via email to get the mailing address.
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing copyright is located on the website, including the product description (i.e. Album or Book title) and the author or the artists name, if applicable;
- Your full name, address, telephone number, and email address;
- A statement by you that you, in good-faith, believe that the use of disputed work is not
authorized by the copyright owner, its agent, or the law;
- A statement should be signed by you, made under penalty of perjury, stating that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
(Version 1.0 08/31/2001 - doc created)
(Version 2.0 08/31/2005 - Site Name change: ElectronicScene to ArtistServer)
