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ARTIST TERMS AND CONDITIONS OF USE
ACCEPTANCE. By using ArtistSignal, you, as artist, agree for yourself, and for any band, group or performance organization in which you appear on the ArtistSignal site (“Band”) and for every other member of such Band, to be bound by these Artist Terms and Conditions of Use (“Terms”). ArtistSignal’s policy is for every member of every Band to agree to these Artist Terms and Conditions of Use, but, in the event not every member of your Band has so agreed, your agreement is on behalf of yourself, your Band and every member of your Band, and you expressly warrant that you have the right to bind all such parties legally and have their explicit consents to do so. Because the Terms contain legal obligations, please read them carefully. These Terms shall remain in effect in their entirety during and after termination of artist’s use of the site. Any violation of these Terms may result in suspension of artist’s right to use ArtistSignal and/or the monetary prize. Use of the site is void where prohibited. As a condition to artist’s use of the site, artist represents that artist is not a person barred from use of the site under the laws of the United States of America or other applicable jurisdiction or by ArtistSignal, and that artist is at least 18 years old or, if under 18 years old, has received the permission from artist’s parent or guardian to use the site.
DISQUALIFICATION. Artist will not be deemed to have any vested or contractual right to any prize money or other benefits. ArtistSignal reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual for any reason or for no reason at all. This right is absolute. Artist agrees to not violate any portion of these rules including rules of Conduct below, and to not tamper with the entry process or the voting process before, during, or other session. ArtistSignal reviews all votes after each session to determine abusive or potentially abusive voting patterns or simply voting which ArtistSignal believes does not meet the intents of ArtistSignal. ArtistSignal reserves the right to disqualify anyone at any time from the $10,000 with or without any reason or any probable cause, and in ArtistSignal’s sole and absolute discretion, and artist shall not be deemed to have any right in respect of any prize, award, financial incentive, representation or presence on the ArtistSignal site. No monetary incentive or otherwise may be offered by artists to voters in return for their votes. ArtistSignal is using many automated metrics including but not limited to artist’s IP address, general location, e-mail address, frequency of daily votes per account holder based on normal voting patterns the average person would be logically able to produce, and account information, all to prevent fraudulent and abusive voting or the appearance of such. ArtistSignal stores and tracks all voting and determines unusual patterns which are immediately reviewed by the engineering team but not necessarily made immediately public to the artist or account holder allowing ArtistSignal to disqualify anyone at any time. ArtistSignal also reserve the right to change the rules and procedures at any time.
REQUIREMENTS. Artist must be able to demonstrate with legitimate verifiable facts to the satisfaction of ArtistSignal that artist is indeed an emerging artist trying to be discovered.
ACCOUNT SECURITY. When artist registers, artist may be asked to choose a password. Artist is responsible for maintaining the confidentiality of artist’s password and account and is fully responsible for all activities that occur under artist’s password or account. Artist agrees not to use the password, account, or username of another artist at any time or to disclose artist’s password to a third party. Artist agrees to notify ArtistSignal immediately if artist suspects any unauthorized use of artist’s account or password.
NAME AND LIKENESS. By registering for and maintaining an artist account, artist grants ArtistSignal a non-exclusive license to use and to permit others to use throughout the universe the professional name of the artist, likenesses posted on the artist profile, other identifications, and biographical material posted on the artist profile concerning artist solely in connection with the advertising and promotion of ArtistSignal or to refrain therefrom.
GENERAL. By participating, artist agrees to be bound by these rules and the subjective decisions of ArtistSignal which shall be final and binding. Artist’s presence on ArtistSignal.com constitutes artist’s agreement to the recording and use of artist’s appearance, name, voice, singing voice, likeness and any musical or sound effects produced by or for artist for use in connection with any online content, motion picture, wireless/mobile device, or the Internet for all purposes (including advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights), as the same may be edited, in all media now known or hereafter created, throughout the universe, in perpetuity for no compensation, unless otherwise required by law.
CONDUCT. Artist agrees to provide true, accurate, current and complete information about artist as prompted by the site registration process and to maintain and promptly update all such data, to keep it true, accurate, current and complete. Artist acknowledges and agrees that all information, data, audio, text, music, sound, musical works, works of authorship, photographs, pictures, graphics, video, images, messages, files, tags, software, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. ArtistSignal does not control the Content posted via the site and, as such, does not guaranty the accuracy, quality, or integrity of such Content. This means that artist, and not ArtistSignal, shall be entirely responsible for all Content that artist uploads, posts, e-mails or otherwise transmits via the site. Artist acknowledges and agrees that ArtistSignal shall have the right (but not the obligation), in ArtistSignal’s sole discretion, to refuse to publish, remove, or block access to any Content that is available via the site at any time, for any reason or for no reason at all, with or without notice. Without limitation, ArtistSignal shall have the right (but not the obligation), in ArtistSignal’s sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms, is otherwise offensive, indecent, objectionable or disparaging as determined by ArtistSignal, in its sole discretion, is subject to objection or possible objection by a third party, or is illegal and/or an unauthorized use of ArtistSignal, including, without limitation, collecting usernames, user i.d. numbers, and/or e-mail addresses of artists by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to ArtistSignal, or employing third-party promotional sites or software. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or artist Profiles without notice or explanation and may result in termination. All such Conduct will be investigated and appropriate legal action may be taken or recommended, including, without limitation, civil, criminal, and injunctive redress. Examples of prohibited Content includes, but is not limited to, Content that, in the sole discretion of ArtistSignal: is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; includes a photograph or video of another person that you have posted without that person’s consent; uploads, posts, emails, transmits or otherwise makes available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harms minors in any way; impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the site; uploads, posts, transmits or otherwise makes available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; uploads, posts, transmits or otherwise makes available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; uploads, posts, transmits or otherwise makes available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; uploads, posts, transmits or otherwise makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interferes with or disrupts the site or servers or networks connected to the site, or disobeys any requirements, procedures, policies or regulations of networks connected to the site; intentionally or unintentionally violates any applicable local, state, national or international law; “stalks” or otherwise harasses another person; and/or collects or stores personal data about other users. Upon any termination of artist’s rights to use the site, artist’s access to the site may cease and artist’s Content may no longer be retrieved, so artist should maintain a backup copy of artist’s Content.
CONTENT LICENSE. By posting Content on ArtistSignal (including, without limitation, audio, images, comments, master recordings, artwork, photographs, songs, and tour dates) artist warrants and represents that artist owns the Content posted by artist or otherwise has the right to grant these licenses to ArtistSignal, and that such Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. Artist agrees to pay for all royalties, fees and damages, including legal fees and costs, owing to any person by reason of any Content artist posts on ArtistSignal. With respect to any Content posted by or in connection with the site, artist hereby grants to ArtistSignal a world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, and otherwise exploit such Content (specifically including through streaming, online/broadcast and satellite radio, suggested play lists and user play lists, but specifically excluding through phonograph records), to publish and promote such Content in connection with the site (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within ArtistSignal or any other ArtistSignal website through links to ArtistSignal, and to sub-license such rights through multiple tiers of sub-licenses, all without any obligation to artist, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed.
LIMITATION OF LIABILITY. Artist expressly understands and agrees that under no circumstances shall ArtistSignal or its licensors, affiliates, agents or principals, be liable to any artist or third party on account of that artist’s or any other user’s use or misuse of and reliance on the site including any user’s infringing uses of artist’s Content. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ARTISTSIGNAL OR ITS LICENSORS, AFFILIATES, AGENTS OR PRINCIPALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). Such limitation of liability shall apply whether the damages arise from use or misuse of or any reliance on the site, from inability to use the site, from the interruption suspension, or termination of the site (including such damages incurred by third parties), from the distortion, blurring or other alterations of the Content, or from errors or omissions in any Content. Such limitations shall apply without limitation, to the costs of procurement of substitute goods or services, lost services, lost profits, or lost data. Such limitations shall apply with respect to the performance, non-performance of the Content or any information or merchandise that appears on, or is linked or related in any way to ArtistSignal. Such limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitations shall apply to the fullest extent permitted by law. Such limitations of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of artist’s Content stored throughout ArtistSignal, through hacking, accident or otherwise. Under no circumstances shall ArtistSignal or its licensors, affiliates, agents or principals be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond ArtistSignal’s reasonable control, including, without limitation, Internet failures, hacking, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, financial shortages, or loss of fluctuations in heat, light, or air-conditioning. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
INDEMINITY AND RELEASE. By using the ArtistSignal site artist agrees to indemnify, defend and hold ArtistSignal Inc. and their officers, employees, licensors, affiliates, agents and principals harmless from any and all claims and expenses, including attorney’s fees and costs, arising from artist’s use of the ArtistSignal site, artist’s sale of goods and services through a link from artist’s Profile Page or otherwise, or artist’s submission of ideas and/or related materials to or from any person’s use of any account or password artist maintains with ArtistSignal, regardless of whether such use is authorized by artist. By using ArtistSignal, using the site, or submitting any ideas and/or related materials to ArtistSignal, artist is hereby agreeing to release ArtistSignal and its parents, subsidiaries, affiliates, officers, employees, agents, principals, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that artist may have against artist arising out of or in any way related to such disputes and/or to the site or to any disputes regarding use of ideas and/or related materials submitted to ArtistSignal. Artist hereby agrees to waive all laws that may limit the efficacy of such releases. Apple, Inc. does not sponsor and is in no way affiliated with ArtistSignal and/or the monetary prize in any manner.
INTELLECTUAL PROPERTY DISPUTES. It is the policy of ArtistSignal to respond expeditiously to claims of intellectual property infringement, all as outlined in the ArtistSignal Copyright Intellectual Property Policy (“IP Policy”). ArtistSignal will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Action (‘DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, ArtistSignal will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ArtistSignal’s policy is to terminate access for users who are infringers or suspected to be infringers, from time to time. ArtistSignal may make changes in its IP Policy. The IP Policy shall be deemed part of these Terms.
IDEA SUBMISSION. ArtistSignal is always improving its site and developing new features. If artist has ideas regarding improvements or additions to ArtistSignal, ArtistSignal would like to hear them. However, under no circumstances shall any disclosure of any idea or related materials to ArtistSignal be subject to any obligation of confidentiality or compensation. By submitting the idea and/or any related material to ArtistSignal, artist acknowledges and agrees that ownership of any idea and/or related material shall immediately be transferred to ArtistSignal and ArtistSignal is and will be forever waiving any and all rights that artist may have in the idea or any related materials, and is and will be representing and warranting to ArtistSignal that the idea and/or related materials are wholly original with artist, that no one else has any rights in the idea and/or materials and that ArtistSignal is free to implement the idea and to use the materials if it so desires, as provided or as modified by ArtistSignal, without obtaining permission or license from any third party, without obtaining any consent from artist and with the right to modify, blur, combine or alter the idea and/or related materials in ArtistSignal’s sole discretion, all without compensation or obligation to artist.
AMENDMENT. ArtistSignal is owned, produced, and operated by ArtistSignal, Inc. and reserves the right to amend these Terms at any time. Such changes will be effective immediately upon posting on the site. Artist’s continued use of the site after posts of revised Terms signifies artist’s acceptance of the revised Terms. Artist must frequently review these Terms and any other applicable policies or guidelines on the site to ensure artist is updated as to any changes. ArtistSignal reserves the right to terminate an artist or voter account at its sole discretion at any time without prior notice.
INFORMATION COLLECTION AND USE BY ARTISTSIGNAL. ArtistSignal collects user submitted personal information such as name and e-mail address, to send notifications to those users relating to, without limitation, the ArtistSignal service. As is standard practice on many corporate websites, ArtistSignal also may log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and other visitors to the site. This data is used to improve the website services, to analyze trends, prevent and detect abusive voting patterns and to administer the site, to track users’ movements around the site, to gather demographic information about our user base as a whole, and to use or permit others to use in any other manner non-personally-identifiable information. User IP addresses are recorded for security and monitoring purposes.
ArtistSignal may also use users’ e-mail address to send updates, a newsletter, or news regarding the service. ArtistSignal may send e-mail messages which use a “click-through URL” linked to content on the ArtistSignal website. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination web page. ArtistSignal may track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications.
ArtistSignal may also collect non-personally-identifiable information for market research purposes for ArtistSignal and others to gain a better understanding of ArtistSignal users and thus provide more valuable service. ArtistSignal may also collect information regarding customer activities on ArtistSignal website. This helps ArtistSignal to determine how best to provide useful information to customers and to understand use of the ArtistSignal website.
CORRECTING/UPDATING OR REMOVING INFORMATION. An artist may modify or remove any of the personal information contained in artist’s Profile at any time by simply logging into artist’s account and changing artist’s information.
SECURITY. ArtistSignal endeavors to keep information private. ArtistSignal uses reasonable measures such as encryption to protect private information that is stored within ArtistSignal database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and ArtistSignal restricts access to such private information to those who need access to perform their job functions, such as our customer service personnel and technical staff. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of artist information at any time. For any additional information about the security measures ArtistSignal uses on ArtistSignal website, please contact ArtistSignal at our support link at ArtistSignal.com.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARTISTSIGNAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE.
ARTISTSIGNAL DOES NOT REPRESENT OR WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM ARTISTSIGNAL OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTISTSIGNAL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, MUSIC, STREAMING OR PHOTOGRAPHY. ARTISTSIGNAL ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
CONTACTING ARTISTSIGNAL. If you have any questions about these Terms and Conditions, the practices of this site, or artist’s dealings with this site, please contact ArtistSignal at our support link at ArtistSignal.com.
ArtistSignal Copyright and Intellectual Property Policy
Updated February 8, 2013
In accordance with the Digital Millennium Copyright Act (“DMCA”) (http://www.copyright.gov/legislation/dmca.pdf), we will respond promptly to notices of alleged infringement that are reported to us.
Before proceeding, please understand that should you knowingly materially misrepresent that an activity is infringing, you may be liable for damages
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by delivering a DMCA Notice of Alleged Infringement (“DMCA Notice”) with the following information to the address listed below.
1. Identify the copyrighted work or works that you claim have been infringed.
2. Identify the material or link(s) you claim is infringing and to which access is to be disabled, including the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver the DMCA Notice, with all items completed, to us:
We do not permit copyright infringing activities on the Site and, if properly notified, will remove or disable access to infringing content. In addition, we reserve the right to remove or disable access to content for any or no reason without prior notice. In appropriate circumstances, we will also terminate the users who we determine, in our sole discretion, are or may be repeat infringers.
A poster of Content that is alleged to be infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When we receive a counter notice, we may reinstate the material in question, in our sole discretion. To provide a counter notice to us, please deliver a notice with the following information to the address listed below.
1. Identify the material that has been removed or to which access has been disabled on the Site and the location at which such material appeared before it was removed or access to it was disabled.
2. Provide your mailing address, telephone number, and email address.
3. Include both of the following statements in the body of the Notice:
“I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled.”
“I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which ArtistSignal may be found, and I will accept service of process from the complaining party who notified ArtistSignal of the alleged infringement or an agent of such person.”
4. Provide your full legal name and your electronic or physical signature.
Deliver the counter notice, with all items completed, to us:
We may be required to disclose information to individuals asserting rights under the DMCA. By using the Site, you hereby authorize us to release information about you if required by law or subpoena, without prior notice to you.
You agree that you, and not ArtistSignal, are responsible for any violations of any intellectual property rights in any Content that you upload to the Site.
If you believe that your trademark is being used by a user in a way that constitutes trademark infringement, please provide deliver a notice to us including the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit us to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the trademark claimed to have been infringed, including (i) for registered trademarks, a copy of each relevant federal trademark registration certificate or (ii) for common law trademarks, evidence sufficient to establish the time period and geographic area in which such trademark has been used by you;
4. Information reasonably sufficient to permit us to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of, or are authorized to act on behalf of the owner of, the trademark in question.
Upon receipt of notice as described above, we will confirm the existence of the trademark on the Site, notify the user who posted such trademark, and take whatever action we deem to be appropriate, in our sole discretion, including removal or takedown of such trademark from the Site. A user may respond to notice of takedown by showing that: (a) the trademark in question has been cancelled, or has expired or lapsed or (b) that the user has a trademark registration, an unexpired license covering the use, or some other relevant right to the trademark in question. If the user succeeds in showing either (a) or (b), then the trademark in question will not be removed or may be reinstated if previously removed.
Notwithstanding the foregoing, we will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.