Artists Web Management
LAST UPDATED: 1 June, 2011*
This Terms of Service Agreement (the "Agreement") is between you ("you") and Artists Web Management ("AWM" or "we") concerning your use of our web sites, including the site from which you are linking to this Policy (the "Site"). Please read this Terms of Service agreement carefully. Your use of the site constitutes your agreement to this Terms of Service agreement. If you do not agree to the Terms of Service, do not use this Site. When using the Site, you also agree to abide by any additional posted guidelines, rules, terms and conditions applicable to services offered on the Site.
We provide users of the Site with access to content and services related to AWM and our clients, which may include music, videos, chat, forums, bulletin boards, blogs, fan clubs, photographs, graphics, video games, promotions, images, text, data, user comments, opinions, postings, weekly alerts, messages and other similar content (collectively, "Services"). We may, from time to time, modify or discontinue the Site, charge, modify or waive fees in connection with the use of the Site, and limit or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates or celebrities shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, or product offered thereon.
1. Rules of Conduct. You will not post, transmit, publish, or otherwise make available, through or in connection with the Site:
- Anything that is threatening, harassing, degrading or hateful, defamatory, fraudulent or tortious, obscene, indecent or pornographic, or infringes copyright, trademark or other proprietary right;
- Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense;
- Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software; orAny unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
* Note: You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend above. We reserve the right to update and modify this Terms of Service agreement by posting the revised version on this site.
You further agree that you will not:
- Use the Site for any fraudulent or unlawful purpose;
- Harvest or collect personally identifiable information about other users of the Site;
- Impersonate any person, including any representative of AWM or an affiliated person or falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks;
- Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without AWM's express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
- Frame or mirror any part of the Site without AWM's express prior written consent;
- Create a database by systematically downloading and storing all or any Site content; or
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without AWM's express prior, written consent.
2. User Names and Passwords. You may be required to register with AWM in order to access the Site or certain Services. We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else, that may be construed as impersonating another person, that violates the intellectual property or other rights of any person, or that we reject in our sole discretion. You are responsible for maintaining the confidentiality of your password(s), and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify AWM of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We expressly disclaim liability for any loss or damage arising from your failure to comply with any of the foregoing obligations.
3. Submissions. We and/or our third party service provider(s) may offer services through the Site (for example, message boards, chat functionality and blogs) that permit you to post information and materials. For any information and/or materials you submit through such services, or otherwise to the Site (each, a "Submission"), you grant to AWM, our affiliated entities and their designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for AWM's and the affiliated entities' business purposes, and (b) to sublicense the foregoing rights. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
You agree that we reserve the right to evaluate each Submission before allowing it to be posted on the Site, and that we may monitor, alter, remove, or refuse to post or allow to be posted any Submission. Further, we may disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site, to protect AWM, the Site's users, our clients, our affiliates, and their employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, or to comply with legal obligations or governmental requests.
Information and content on the Site may be provided by AWM, AWM clients, and by third party partners, advertisers or visitors to the Site. Please note that Site visitors may post messages or make statements on the Site that are inaccurate, misleading, deceptive, or that otherwise violate this Agreement. You should not rely on such messages, statements or information. AWM, its clients, and affiliates neither endorse nor are responsible for any opinion, advice, information, content or statements made on the Site by third parties. AWM disclaims responsibility, on behalf of itself, its clients and affiliates, for any information, materials, errors or omissions, made available through the Site. The opinions expressed on the Site reflect solely the opinions of the individuals who submitted such opinions, and do not reflect the opinions of AWM.
If you choose to make any of your personally identifiable or other information publicly available ON THE SITE, you do so at your own risk. AWM, its clients and affiliates have no control over, and shall have no liability for, any damages resulting from, the use, publication or misuse by any third party of information that you voluntarily make public through the Site.
Neither AWM nor any of the Affiliated Entities accepts, invites or considers unsolicited submissions of ideas, proposals or suggestions (collectively, "Unsolicited Submissions"), whether related to the Site, the products, AWM artists, or otherwise. If you do send us such Unsolicited Submissions, please be aware that such Unsolicited Submissions will not be treated as confidential and will become the sole property of AWM and/or the Affiliated Entities without any compensation to you or to any other person. AWM and the Affiliated Entities will have no obligations with respect to such Unsolicited Submissions and may use Unsolicited Submissions for any or no purpose whatsoever.
4. Products and Purchases. Certain products are made available for purchase or licensing through the Site, such as music, ring tones, ring back tones, SMS tones, images, screen savers, video, artwork, text, software and other copyrightable materials (collectively, the "Products"). Descriptions and images of, and references to, Products on the Site do not imply AWM's endorsement of such Products. Subject to your compliance with the terms and conditions of this Agreement, you have a limited, non-transferable, revocable right to use those Products you purchase or license through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that apply to such Products. You understand that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by AWM, its affiliates, clients and licensors, and you hereby agree to abide by such usage rules, including those set forth below. In connection with the purchase or license of any Product through the Site, you may be asked to supply certain information, including your credit card number or other account number, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY TRANSACTION. By submitting such information, you grant AWM the right to provide such information to third parties for purposes of facilitating and verifying the completion of the purchase. AWM reserves the right to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, to bar any user from making any transactions, and/or to refuse to sell or license any Product to any user. Price and availability of any Product offered through the Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, AWM has the right to refuse or cancel any orders placed for such Product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
All Product transactions through the Site are final and all charges from those transactions are nonrefundable, except as otherwise expressly set forth in this Agreement. We or our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link. We or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order. AWM reserves the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid.
5. Usage Restrictions for Products. You may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sub-license, trade, offer to sell, or sell the Products. You may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for Products, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. The delivery of a Product does not transfer to you any commercial rights in the Product, nor does AWM transfer to you any rights to use the Product for promotional or other marketing purposes. All Products you purchase on or through the Site are solely for your personal, non-commercial use. Additionally, the following usage restrictions apply based on the type of Product you are purchasing through the Site:
a. Full permanent digital video downloads. You may not activate any purchased audio track on more than three (3) traditional personal computers.
b. CD burning: You may not make more than seven (7) burns of a particular playlist (such as an album) to a CD.
c. No DVD Burning: You may not burn to DVD any digital copy of a purchased video.
d. Portable devices: You may not transfer purchased audio tracks from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).
e. Full permanent digital audio downloads. You may not activate each purchased video on more than three (3) traditional personal computers.
f. Portable Devices: You may not transfer purchased videos from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).
g. Digital Video Rentals: Limited-time downloads or limited-access streaming to a personal computer or portable device, including mobile devices, is permitted for a period of 24 hours or such other limited time period as specified in the particular offering pursuant to which the rental occurs.
h. Digital Audio Subscription Services. If you subscribe to an audio or video streaming or downloading on-demand service through the Site, you must register at least one (1) traditional personal computer (or other device that supports an industry-standard security solution and through which you may access this Site) and no more than three (3) traditional personal computers for the portion of the service (if any) that includes streaming and downloading on demand on a subscription basis. If the applicable subscription service you subscribe to provides for streaming and downloading on demand for access on portable devices, you may register up to three (3) additional portable devices (expressly excluding any cellular telephone or other device capable of cellular or WAP communication). You may access subscription services only through a registered device and only after providing a valid and unique "user name" and "password". AWM reserves the right to authenticate any registered device as belonging to you prior to allowing you to download or stream any audio or video content to such registered device on a subscription basis.
Any other types of digital products sold or offered on or in connection with this Site are subject to the terms set forth in the specific offering pursuant to which the sale or other type of offering occurs. In the event of a conflict between these Terms of Usage and the terms and conditions set forth in such specific offering, the terms of the specific offering shall govern.
6. Product Requirements and Compatibility. You acknowledge that use of our Products requires other hardware and software tools, and that such hardware and software are your sole responsibility. AWM reserves the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products.
AWM MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SITE, OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM (S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SITE.
7. AWM's Proprietary Rights. The information, text, documents, materials and Services made available through the Site are and shall remain the property of AWM and its clients, affiliates, licensors and suppliers. Except as expressly authorized in advance in writing by AWM, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, such property, or create derivative works therefrom. All trademarks and service marks on the Site not owned by AWM are the property of their respective owners. The trade names, trademarks and service marks owned by AWM, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of AWM trade names, trademarks or service marks without our express prior written consent.
UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
8. Links. The Site may provide links to other web sites and online resources. AWM has no control over such sites and resources, and you agree that neither AWM nor its affiliates or artists are responsible for their availability or for any content, advertising, products or other materials made available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. AWM and its affiliates and clients do not endorse such sites, and are not responsible for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. AWM shall have the right, at any time and in its sole discretion, to block links to or from the Site through technological or other means without prior notice. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
9.Limitations of Liability and Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. AWM, THE AFFILIATED ENTITIES, AND THEIR RESPECTIVEARTISTS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. AWM, ITS AFFILIATES, AND ARTISTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES.
AWM, ITS AFFILIATES AND ARTISTS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE, OR INABILITY TO USE, THE SITE, OR FROM CONTENT POSTED ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
YOU AGREE THAT THE MAXIMUM LIABILITY OF AWM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AWM TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
You agree to defend, indemnify and hold harmless AWM and the Affiliated Entities and their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of your use of, or activities in connection with, the Site, or any violation of this Agreement by you.
10. Termination. This Agreement is effective until terminated. AWM, in its sole discretion, may terminate your access to or use of the Site. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that AWM may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.
11. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A. and any applicable federal laws. The Site is controlled and operated by AWM from the United States, and is not intended to subject AWM to the laws or jurisdiction of any state, country or territory other than that of the United States. AWM does not represent or warrant that the Site is appropriate or available for use in any jurisdiction other than the United States. We may limit the Site's availability to any person, geographic area or jurisdiction we choose, in our sole discretion.
12. Export Control. As a user of this Site, you are subject to United States export controls and are responsible for any violations thereof.
13.Remedies. You agree that any unauthorized use of the Site, the Products, or any related software or materials, would result in irreparable injury to AWM, its affiliates, artists, and/or our licensors, for which money damages would be inadequate. In such event AWM, its Affiliates, artists, and licensors, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you.
14.Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://dir.yahoo.com/Business_and_Economy/Shopping_and_Services/Communic... Internet_and_World_Wide_Web/Software/Blocking_and_Filtering/.
15.Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Artists Web Management, 9415 Culver Blvd, Culver City, California, 90232, or by calling us at 310 446 1100. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send AWM a notice requesting that AWM remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send AWM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Artists Web Management
9415 Culver Blvd
Telephone Number: (310) 446 1100
Fax Number: (310) 446 1109
Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
17. Miscellaneous terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, fiduciary, or franchisor-franchisee relationship between you and AWM, its affiliates or artists. If any provision of this Agreement is found to be unenforceable for any reason, that provision will be deemed severed from this Agreement and will not affect the enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach hereunder will be deemed to be a waiver of any other breach. This agreement, together with all policies referred to herein, is the entire Agreement between you and AWM relating to the subject matter herein and supersedes any and all written or oral agreements or understandings between you and AWM. Notices to you may be made via posting to the Site, by e-mail, or by regular mail. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. AWM will not be responsible for failures to fulfill any obligations due to causes beyond its control. AWM obtains permission from content owners to make their content available to you through the Site. You agree that the content owners that license or otherwise make their content available to AWM in connection with the Site are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.