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IndieSolo.com Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
Welcome to indieSolo.com, a niche music social community that connects artists and music fans from around the world. Artists have the opportunity to promote themselves and gain valuable feedback as fans rate their music, their vibe, and their brand.
IndieSolo.com is operated by EyeShout Media Inc. As used herein, "IndieSolo Service" or "Site" refers to indiesolo.com and all the linked pages which are owned and/or operated by EyeShout Media Inc. (referred to as "Company", "us", "we or "our"). For convenient purposes, we will refer to any products or services, as well as the offering of any Content displayed or performed on the Site (including, but not limited to text, graphics, images, news articles, photographs, slideshows, illustrations, video clips, audio clips, and links to third party websites, also known as the "Content"),
By using the IndieSolo Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you'.
The policies, terms and conditions below limit Company's liability and obligations to you and allow Company to change, suspend or terminate your access to and use of the Site and Services. By using the IndieSolo Service, you indicate your acceptance of these Terms of Service. If you do not agree to these Terms of Service, you have no right or license to access this Site and you should not do so.
Changes to indieSolo.com and the Terms of Service
Company reserves the right, in its sole discretion, to change, modify or otherwise update these Terms of Service at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modification, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, links to notices, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions. Company may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. Company may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
We urge you to carefully read the following terms and conditions, and all
policies referenced below or elsewhere on the Site. The following policies and
rules are incorporated into the Agreement by reference and provide additional
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY BELOW. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT.
Eligibility and Registration
You must be thirteen (13) years of age or older to register as a member of indieSolo.com (a "Member") or use the IndieSolo Service with the exception of creating a Band and Artist Profile. By registering for the IndieSolo Service, you represent and warrant that you are 13 or older and that you have the capacity to comprehend, understand, and agree to and comply with these Terms of Service. Please note that in order to submit and create a Band or Artist Profile in the IndieSolo Service, you must be eighteen years (18) and older. Nobody under the age of 18 is permitted to create or submit an application to be featured on IndieSolo Service, even though you are a Member and met the eligibility of registration requirement of being 13 years of age and older. If you do not agree with all of the following terms and conditions, you may not use the Site.
You should provide true, accurate and complete registration information to be an indieSolo.com ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password protected and secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, racist, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
You understand that the IndieSolo Service is made available for your personal, non-commercial use only. You represent, warrant, and agree that no Content of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful Content.
You also warrant and agree that you may not use the IndieSolo Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Canada, United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Content') that you submit, post, and display on the IndieSolo Service.
We may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances do we have any obligation to check the accuracy or truthfulness of the any Content, nor to monitor any Member's use of the IndieSolo Service.
Company does NOT claim any ownership rights in any Content that you submit, post, or display on or through the IndieSolo Service or on the IndieSolo.com Web site. After submitting, posting or displaying Content on or through the IndieSolo Service or on the IndieSolo.com Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By submitting, posting or displaying any Content on or through the IndieSolo Service, you hereby grant to Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the IndieSolo Service.
Without this license, Company would be unable to provide the IndieSolo Service. For example, without the right to modify your Content, Company would not be able to digitally compress music files that you or other Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Content, Company could not allow users and Members to listen and rate music posted by Members. The license you grant to Company is non-exclusive (meaning you are free to license your Content to anyone else in addition to Company), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on the IndieSolo
Service of the Content that you post), sub-licensable (so that Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the IndieSolo Service), and worldwide (because the Internet and the IndieSolo Service are global in reach). This license will terminate at the time you remove your Content from the IndieSolo Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Content that are not music or videos (i.e. photos, videos or skins); provided, however if you remove any of the Content from the IndieSolo Service, Company reserves the right to remove all of your Content from other Member's pages. The license does NOT grant Company the right to sell your Content, nor does the license grant Company the right to distribute your Content outside of the IndieSolo Service. You represent and warrant that: (i) you own the Content posted by you on or through the IndieSolo Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the IndieSolo Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the IndieSolo Service.
SUBMISSIONS AND PUBLIC FORUMS
IndieSolo Service includes message boards, e-mail and other interactive functions such as rating, and voting ("Forums") which allow feedback and submissions to Company and real-time interaction between Members. Only registered Members who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, giving a username and password, and expressly indicating by means of clicking on an applicable box or boxes the Member's acceptance of these Terms of Service. Registration is subject to Company's prior approval and your continued compliance with the terms of these Terms of Service. Company reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Company (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated.
Terms of Service directly applicable to use of such Forums include the following:
PURCHASE OF PRODUCTS FROM THIS SITE
1. The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. COMPANY MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company does not have any responsibility for the processing or delivery of products purchased from this Site.
2. You are solely responsible for all use made of the Site and Services under your password and account information and agree to pay for all Services purchased using your password and account information.
ABOUT DONATION CREDITS
IndieSolo Service may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply Company's' endorsement. Company has not reviewed all of the Third Party Sites linked to this Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
The IndieSolo Service is controlled and operated by Company from its headquarters in Waterloo, ON, Canada. Company makes no representation that Content in the IndieSolo Service are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of Canada, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Province or federal courts located in or closest to Waterloo, ON and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and Company in connection with your access and use of this Site.
Company may, in its sole discretion, terminate or suspend your access to all
or part of this Site for any reason, including, without limitation, failure to
comply with any of these Terms of Service. Upon termination, you must destroy
all Content obtained from this Site and all copies thereof, whether made under
the terms of this agreement or otherwise. In the event of termination, you are
no longer authorized to access or use this Site, and the restrictions imposed on
you with respect to Content downloaded from this Site and the disclaimers and
limitations of liabilities set forth in this agreement shall survive.
Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the Content contained in this Site, or with any of these Terms & Services, your sole and exclusive remedy is to discontinue accessing and using the IndieSolo Service.
THE CONTENT IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE AND MUSIC ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INDIESOLO SERVICE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE CONTENT, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the fullest extent permitted by applicable law, Company and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Company or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless Company and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Company and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Service (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, Company may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Company a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such Content or incorporate such Content into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against Company and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Company and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from the IndieSolo Service, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A Member to this Site will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. COMPANY MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION
Company has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing Content claimed to be the subject of infringing activity. If Company removes Content to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you contently misrepresent that a product or activity is infringing your copyrights.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
Send the Infringement Notification to the following address:
By mail: Kay Professional Corporation
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - COUNTER NOTIFICATION
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Content in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you contently misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
Send the Counter Notification to the following address:
Kay Professional Corporation
© 2006-2013 EyeShout Media Inc. All rights reserved. "IndieSolo", "ONE Band a Day", and "ONE band - ONE day - ONE massive world stage" are registered trademarks owned by EyeShout Media Inc.