Welcome to STEREOFAME.COM ("StereoFame"), owned, produced and operated by StereoFame, Inc., a Florida corporation (the "Corporation"). STEREOFAME.COM is a music-oriented content and information website that provides a service to musical artists and to other entities on behalf of musical artists (each an "Artist" and collectively "Artists") to post information regarding themselves as well as musical content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services, including without limitation, the StereoFame Superstar Search Competition and the Music Video of the Year Competition ("Products and Services"), including the addition of new properties shall be subject to these General Terms and Conditions of Use ("Terms and Conditions"). This document is a contractual agreement between you, on one hand, and the Corporation, on the other hand (the "Agreement"). For purposes of this Agreement, "you," or "your" refers to any and all individuals, companies, organizations and other entities that access or use StereoFame or participate in the Products and Services.
In addition, there are a variety of products and services offered through StereoFame that may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product of StereoFame that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. The Corporation also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of StereoFame. In addition, the Corporation also may offer other services from time to time that are governed by the terms of service of the respective service partners. The Corporation reserves the right to amend these Terms and Conditions at any time, and you are bound by the version posted when you visit StereoFame. The Corporation may, in its sole discretion, and at any time, discontinue StereoFame, the Products and Services or any part thereof, with or without notice, or may prevent your use of StereoFame with or without notice to you. The Corporation will have no liability to you if StereoFame and/or the Products and Services are discontinued or your ability to access same is terminated.
By using StereoFame you agree to be bound by these Terms and Conditions, whether or not you register as a listener ("Listener" which together with Artist shall collectively be referred to as a "User") or Artist. Because the Terms and Conditions contain legal obligations, please read them carefully.
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to StereoFame or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that the Corporation may terminate your access to StereoFame or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by the Corporation. Any such termination shall be in the Corporation's sole discretion and may occur without prior notice, or any notice. The Corporation further reserves the right to terminate any user's access to StereoFame or to any of the Products and Services for any conduct that the Corporation, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to the Corporation or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. The Corporation further reserves the right to terminate any user's access to StereoFame or to any of the Products and Services for any reason or for no reason at all, in the Corporation's sole discretion, without prior notice, or any notice.
In order to use the Products and Services, Users must have access to the World Wide Web and must navigate the Internet to http://www.STEREOFAME.COM. Where there is mature or adult content on StereoFame, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of StereoFame not open to persons under 18 years of age. If you are between the ages of 13 and 17, inclusive, you must obtain consent from your parent or legal guardian ("Parent") and the Parent must agree to be bound by the Terms and Conditions hereof individually and on your behalf. With respect to general audience content, if the Corporation learns that anyone under the age of 13 has accessed the Products and Services, the Corporation will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA") and without such consent StereoFame will immediately delete any personal information of each individual. Certain areas of StereoFame, however, may not be available to children under 13 under any circumstances.
The Corporation does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms of the Corporation ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or the Corporation has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, the Corporation has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All of the Registration Data becomes the exclusive property of the Corporation. The Corporation reserves the right to use and reuse all Registration Data and other personally identifiable user information contained therein subject to the Corporation's Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Corporation's Privacy Policy and on StereoFame.
You acknowledge receipt of the Corporation's Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 while on StereoFame. Notwithstanding any provision in these Terms and Conditions or the Privacy Policy to the contrary, you hereby allow the Corporation and StereoFame to disclose to all StereoFame Users and generally make public: (a) the number of points you have earned on StereoFame, (b) if you have registered as a listener or label on StereoFame, the Artists you have signed to your label or reviewed favorably, and (c) if you have registered as an Artist, the number of points you are generating for various StereoFame labels and/or Listeners.
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF STEREOFAME MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
You acknowledge and agree that you are solely responsible for any and all information, code, data, text, software, music, sound, photographs, pictures, graphics, videos (including music videos), chat, messages, files, or other materials and any other information uploaded or otherwise transmitted or delivered by you to StereoFame ("User Content"). The Corporation does not necessarily control the content posted in connection with the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use StereoFame at your sole risk. Under no circumstances will the Corporation be liable in any way for any third party content or User Content (collectively, "Content"), including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted in connection with the Products and Services. The Corporation is not obligated to and does not pre-screen Content posted on StereoFame but reserves the right to do so. The Corporation reserves the right, at its sole discretion, to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by the Corporation.
The Products and Services may only be used for the intended purpose for which such Products and Services are made available.
Prohibited Conduct
You agree that you will not use the Corporation's Products and Services to:
You acknowledge and agree that the Corporation and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available in connection with the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation the Corporation and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by the Corporation, in its sole discretion. The Corporation may also terminate access to, or membership in, StereoFame, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use or purchase of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of StereoFame, including without limitation, information posted on message boards.
You expressly acknowledge and agree that the Corporation may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Corporation, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by the Corporation with regard to its users may be disclosed in accordance with the Corporation's Privacy Policy.
The Corporation also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
The Corporation claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted on StereoFame, and the copyright in all such Content shall remain with its owner.
By posting User Content on StereoFame, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on StereoFame.
In order to make it possible for the Corporation to provide the Products and Services, you hereby grant the Corporation a limited, non-exclusive, worldwide, gratis, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any User Content on or through StereoFame, to publish and promote such User Content in connection with StereoFame and/or the Products and Services, to publish and promote such User Content on any other Corporation website through links to StereoFame, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your User Content from StereoFame. Except for the User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on StereoFame.
In addition, you hereby authorize the Corporation and its advertising and promotion agencies and anyone affiliated with any of them to use your Content, name, assumed stage name and likeness (if an individual) or the name of your band and the likeness of any or all the members thereof (if a group) and any trademarks and logotypes used by you on StereoFame, in advertising and promotion of StereoFame, the Products and Services and/or the Corporation, including but not limited to the use of same on StereoFame-related merchandise and any contests provided by or through StereoFame or the Corporation.
StereoFame may contain links to third party websites where Users can purchase goods or services from third party merchants (each a "Merchant"). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.
By submitting an order to purchase goods or services from a Merchant, you acknowledge that you are entering into a transaction with that Merchant, subject to the terms and conditions and privacy policy of that Merchant's website, and that StereoFame and the Corporation are not parties to the transaction.
Users are obligated to submit information that is true, accurate, current, and complete in connection with any transactions conducted with a Merchant or otherwise. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you to any Merchant is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.
Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User's alone. By submitting an order to purchase goods or services from a Merchant, you represent and warrant that you have the legal right to purchase and possess such goods or services.
The Corporation may or may not have a partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through StereoFame. The Corporation cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can the Corporation confirm the truth or accuracy of any statements made by Merchants on their websites or control whether Merchants who post statements on StereoFame will act in accordance with those statements. Your correspondence with, business dealings with, or participation in promotions of Merchants, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the applicable Merchant. Neither the Corporation nor StereoFame will be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Merchants on StereoFame.
The Corporation will not get involved in any dispute between Users and Merchants. The ability to include links is provided solely as a convenience, and the inclusion of any link by to or for a Merchant, Artist or User does not imply affiliation, endorsement, or adoption by the Corporation of the linked site or any information contained therein (See also the limitations provided in Section 13).
The SF Player Audio Player and any software contained therein (collectively, the "SF Player Software") are made available to you free of charge subject to the terms and conditions of this license. You may load the SF Player Software into the temporary storage of your computer each time you use it for the sole purpose of engaging in that use, provided that you do so in accordance with these Terms and Conditions, and such use does not violate the Corporation's intellectual property rights. You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from, the SF Player Software, and you may not copy, distribute, publicly display, or publicly perform the SF Player Software except as expressly authorized by these Terms and Conditions. You agree not to modify the SF Player Software in any manner or form, or to use modified versions of the SF Player Software, for any purposes. You may not use the SF Player Software to engage in or allow others to engage in any illegal activity. You may not claim any sponsorship by, endorsement by, or affiliation with the Corporation.
By uploading any so-called "skins" or "plug-ins" (collectively, "Skins") to the SF Player Audio Player, you grant to the Corporation and to users of StereoFame the perpetual, world-wide, gratis, royalty free license to copy, distribute, publicly display, publicly perform, and create derivative works from such Skins. You represent and warrant that all Skins are original works, created by you, which do not infringe any third party intellectual property, proprietary, or other rights.
AS WITH OTHER PRODUCTS AND SERVICES, THE SF PLAYER SOFTWARE IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.
The Corporation may make available through StereoFame certain music files solely for your personal use. All such music files are subject to copyright and/or other intellectual property protections afforded to the owners of such works under applicable state and federal law or otherwise. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED.
Please read the entire Terms and Conditions as the use of any and all of the Corporation's properties, Products and Services are subject to these Terms and Conditions.
Users are invited to post content to their profile (a "Profile") subject to the following limitations: (a) the Corporation may limit the amount of bandwidth dedicated to any account; and (b) the Corporation reserves the right to display advertising on Profiles. Please consult the StereoFame Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. The Corporation reserves the right to modify or discontinue the Profile service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. Use of the Profile service is limited to Users who are at least 13 years old.
By registering on StereoFame, you represent and warrant that: (i) all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information; (ii) you are 13 years of age or older and that your use of StereoFame will not violate any applicable law; and (iii) you own or otherwise possess all of the rights required by law to permit the Corporation to legally reproduce, distribute, publicly perform, publicly display, prepare derivative works of, transmit (digitally and otherwise) and to otherwise make available the User Content and to grant the license in the User Content. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for the User Content and for your interactions with other users.
Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information. Please read Section 5 above, User Conduct, for additional terms and conditions regarding your use of StereoFame.
The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which the Corporation assumes no responsibility or liability.
The Corporation reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Corporation Network, including StereoFame, at any time, for any or no reason, with or without prior notice, and without liability.
Points earned within the StereoFame Game have no cash value. StereoFame Game points may not be purchased, sold, bartered or traded. Points have no value outside of the StereoFame Point Store. The number of points earned for certain actions and levels of play as well as the amount of points required for items in the StereoFame Point Store may change from time to time and such changes are solely at the discretion of StereoFame. StereoFame reserves without limitation, the right to eliminate points from any StereoFame participants' account in the event that StereoFame management determines such points were obtained in a manner that violates the rules and/or the spirit of the StereoFame Game.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE CORPORATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES TO THE FULLEST EXTENT OF THE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CORPORATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. THE CORPORATION SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CORPORATION DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. THE CORPORATION DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE CORPORATION DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE CORPORATION MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY THE CORPORATION.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE CORPORATION, ITS LICENSORS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARTNERS, MEMBERS, PRINCIPALS, AGENTS AND REPRESENTATIVES ("CORPORATION PARTIES") BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON STEREOFAME OR THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF THE CORPORATION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON STEREOFAME OR THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF STEREOFAME OR THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON STEREOFAME OR THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON STEREOFAME OR THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON STEREOFAME OR THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN STEREOFAME OR THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF STEREOFAME OR THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, STEREOFAME. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION 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 PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT STEREOFAME.
UNDER NO CIRCUMSTANCES SHALL THE CORPORATION PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, 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 OR NON-PERFORMANCE OF THIRD PARTIES.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
StereoFame offers access to numerous third party web pages and content available over the Internet. In the overwhelming majority of cases, including, but not limited to, sites contained within a directory of links on StereoFame, the Corporation has no control whatsoever over the content of such dites. In other instances, including, but not limited to, web pages hosted on StereoFame or provided to StereoFame by third parties, the Corporation may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police such content. Third party content accessible through StereoFame from such sources is developed by people over whom StereoFame exercises no control. Similarly, content hosted by StereoFame which is posted by third parties, and, with the exception of certain random screening functions, the Corporation cannot and does not screen such web pages before they are made accessible to other users of StereoFame. Accordingly, neither the Corporation nor its licensors assume any responsibility for the content of any site linked to StereoFame or in any web page hosted for a third party within StereoFame. In instances where StereoFame does review the sites that are displayed in directories, indices, and/or references, or where StereoFame makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by the Corporation, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
In connection with the Products and Services or otherwise, StereoFame may store information on behalf of Users. Examples include, but are not limited to, chat, Profiles and User postings. The Corporation reserves the right, in its sole discretion, to limit the amount of storage space available per User or to delete materials stored for an excessive period during which time such User's account has been inactive.
The Corporation may provide links to other sites or resources located on the World Wide Web ("Sites") either by allowing a User to leave StereoFame to access third party material or by bringing the third party material into StereoFame via "inverse" hyperlinks and framing technology. The Corporation and its affiliated entities have no control over such Sites. You acknowledge and agree that the Corporation is not responsible for the availability of such Sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Corporation 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 use of or reliance on any such content, goods or services available on or through any such Site.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through StereoFame or the Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Corporation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on StereoFame or the Product and Services.
The Corporation grants to you, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, and non-exclusive license to use the software necessary to access, explore and otherwise use StereoFame in real time and to use the Products and Services in a manner consistent with this paragraph 16. Notwithstanding the foregoing, nothing within StereoFame or any of the Products and Services shall be construed as conferring on you any license under any of the Corporation's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that the content of StereoFame, including, without limitation, all text, graphics, images, video material, audio material, and other Content is protected by copyright, trademark, patent, or other proprietary rights of the Corporation and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to duplicate, modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Corporation in connection with StereoFame or the Products and Services. You agree not to do any of the following: (i) hold yourself out as in any way sponsored by, affiliated with, or endorsed by the Corporation, any of the Corporation's affiliates, or any of the Corporation's service providers; (ii) use any of the trademarks or service marks or other Content accessible through StereoFame for any purpose other than the purpose for which such Content is made available to users by the Corporation; (iii) defame or disparage the Corporation and its affiliated entities, the trademarks or service marks of the Corporation, or any aspect of the Products and Services; (iv) adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or StereoFame; (v) change or delete any proprietary notices from materials downloaded from StereoFame; (vi) reproduce, distribute, sell, lease, transmit, publicly perform, publicly display, prepare derivative works or compilations in connection with any Content.
StereoFame offers a non-assignable, non-transferable, and non-exclusive license to link to StereoFame web sites and use StereoFame logos ("Logos"), subject to the following provisions. Logos may be placed on a web site for the sole purpose of creating a link to StereoFame and allowing users of your site to access the Products and Services. Logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by StereoFame. Logos may only be used in accordance with the Corporation Trademark Usage Guidelines and Instructions found here, and may only be used in the exact size, shape, colors, design, and configuration as the Logos provided to you. Use of the Logos requires adherence to the following: (i) Logos may not be altered in any manner; (ii) Logos must appear by themselves, with reasonable spacing (equal to no less than the height of the applicable Logo) between each side of the applicable Logo and other graphic or textual elements; (iii) Logos may not be used to disparage StereoFame, the Products and Services, or in a manner which, in the Corporation's reasonable judgment, may diminish or otherwise damage the Corporation's good will in such Logos. By using any such Logo, you acknowledge that StereoFame has exclusive rights to such Logo, and that all good will generated through your use of such Logo will inure to the benefit of StereoFame. If you use Logos, you must include appropriate attribution. By way of example: "StereoFame® is a registered trademark of StereoFame, Inc. a Florida corporation. StereoFame, Inc. reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. StereoFame, Inc. reserves the right to take action against any use that does not conform to these provisions."
By using StereoFame you agree to indemnify the Corporation Parties and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of StereoFame, your use of the Products and Services, or your submission of ideas and/or related materials to the Corporation or from any person's use of any account or password you maintain with StereoFame, regardless of whether such use is authorized by you. By using StereoFame, using the Products and Services, or submitting any ideas and/or related materials to the Corporation, you hereby release the Corporation Parties 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 you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to the Corporation. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of StereoFame or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
All marks appearing on StereoFame, or the Products and Services ("Marks") belong to the Corporation, the Artists, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of the Marks without the express written consent of the Corporation or the owner of the mark, as appropriate, is strictly prohibited.
It is the policy of the Corporation to respond expeditiously to claims of intellectual property infringement. The Corporation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. To be effective, the notification must be a written communication that includes the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website; (iii) a reasonably detailed description of where the alleged infringing material is located on StereoFame; (iv)information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of notices complying with the foregoing, StereoFame 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. StereoFame will terminate access for Users who are repeat infringers. Notices of claimed infringement should be directed to:
General CounselPlease put "Notice of Infringement" in the subject line of all such notifications. When the Corporation removes or disables access to any material claimed to be infringing, the Corporation may attempt to contact the User who has posted such material in order to give such Users an opportunity to respond to the notification, although the Corporation is under no obligation to do so. Any and all counter notifications submitted by such User will be furnished to the complaining party. The Corporation will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before the Corporation replaces or restores access to any material as a result of any counter notification.
Unless expressly stated to the contrary elsewhere within StereoFame or the Products and Services, all legal issues arising from or related to the use of StereoFame or the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Florida applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of StereoFame and/or the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Jacksonville, Florida, and judgment on the arbitration award may be entered into in any state or federal court in Jacksonville, Florida having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in the state court located in St. Johns County, Florida or in the federal court located in Duval County, Florida (collectively, the "Courts"). Except as set forth above, the Courts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any User's use of StereoFame and/or the Products and Services. By using StereoFame and/or the Products and Services and thereby agreeing to these Terms and Conditions, Users consent to personal jurisdiction and venue in the Courts with respect to all such disputes.
StereoFame reserves the right to modify StereoFame and the Products and Services from time to time, for any reason, and without notice, including the right to terminate any or all of the Products and Services. StereoFame reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. By using StereoFame you are bound by the version posted when you visit.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between the Corporation and you with respect to the subject matter hereof; except with respect to any terms and conditions located on any individual web site of the Corporation or in connection with the Products and Services ("Other Terms") which Other Terms are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that the Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to (i) the use of the applicable web site and (ii) any Products or Services available on or through such web site or the respective Product or Service where such Other Terms may be found.
The Corporation's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions shall remain in full force and effect.
You acknowledge and agree that you and the Corporation are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of the Corporation.
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns.
These Terms and Conditions shall continue in effect for as long as you use StereoFame or the Products and Services, unless specifically terminated earlier by the Corporation. All provisions of these Terms and Conditions which impose obligations which are continuing in their nature shall survive termination of these Terms and Conditions.
You consent to receive communications from the Corporation concerning your use of StereoFame and/or the Products and Services ("Communications"). The Communications may be those that the Corporation is required to send to you by law concerning the Products and Services ("Required Communications") or otherwise. You consent to receive Communications electronically. The Corporation may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on StereoFame. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which the Corporation sends Communications by visiting your personal profile information page.
For a period of 120 days from the date that the Corporation first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to StereoFame, Inc., Post Office Box 442288, Jacksonville, FL 32222. Attention: StereoFame Customer Service (the "Customer Service Address"). The Corporation may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then the Corporation reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.
In order to receive Required Communications, you must provide the Corporation, upon registration with StereoFame, a valid email address to which the Corporation may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 6.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. The Corporation will provide notice of any changes to these requirements.
StereoFame is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to StereoFame ("Submission"), StereoFame would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO STEREOFAME BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. IF YOU CHOOSE TO SEND US ANY SUCH IDEAS, THEN YOU HEREBY IRREVOCABLY TRANSFER, FREE OF ANY PRESENT OF FUTURE COMPENSATION, ANY AND ALL RIGHTS, THROUGHOUT THE UNIVERSE, IN AND TO EACH SUBMISSION (INCLUDING THE INDIVIDUAL ELEMENTS OF EACH SUBMISSION), INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHT RIGHTS, TRADEMARK RIGHTS (AND GOODWILL APPURTENANT THERETO), TRADE SECRET RIGHTS, INDUSTRIAL RIGHTS, AND MORAL RIGHTS, WHETHER NOW EXISTING OR HEREAFTER ARISING. TO THE EXTENT MORAL RIGHTS MAY NOT BE ASSIGNED OR TRANSFERRED, YOU HEREBY WAIVE ENFORCEMENT OF ANY AND ALL MORAL RIGHTS. THE CORPORATION SHALL BE ENTITLED TO COMPLETE UNRESTRICTED USE OF THE SUBMISSIONS AND ALL INFORMATION CONTAINED THEREIN FOR ANY PURPOSE, WHETHER COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO OR RECOGNITION OF THE AUTHOR OR PROVIDER OF THE SUBMISSIONS. BY SUBMITTING THE SUBMISSION TO THE CORPORATION, YOU ARE REPRESENTING AND WARRANTING TO THE CORPORATION THAT THE SUBMISSION IS WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMISSION AND THAT THE CORPORATION IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS SUCH SUBMISSION WAS PROVIDED OR AS MODIFIED BY THE CORPORATION, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY PARTY, INCLUDING, WITHOUT LIMITATION, YOU.
Certain software, and related documentation or technical information, available through StereoFame may be subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
Should you violate these Terms and Conditions or any other rights of the Corporation, the Corporation reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all accounts linked to you on any and all of the Corporation's or its affiliated entities' web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
StereoFame, Inc. Abuse ManagerPlease read the entire Terms and Conditions, as all of the Corporation's properties, Products and Services are offered subject to these Terms and Conditions.
Last updated May 20, 2010
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