Unsigned Artists

Terms of Use

August 31, 2007

Welcome to UnsignedArtists.com ("UnsignedArtists"), owned, produced and operated by UnsignedArtists.com, Inc. and potentially, in part or in whole, by its parent, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Company"). By using UnsignedArtists.com (the "website," and/or the "service") you indicate that you have read, understand, and agree to be bound by these Terms of Use (the "Terms" and/or the "Agreement") whether you are a user or a visitor. As used in this Agreement, the term "artists" will be used to denote the unsigned artists themselves; "fans" will denote those who do not contribute artistic content to the site but use it primarily to find and interact with artists; "visitors" are persons browsing the website who do not have an UnsignedArtists.com account; and "users" will represent all groups combined.

Eligibility

You must be 13 years of age or older to create an account or to use the service. If you are under the age of 13, you are prohibited from registering an account or accessing any UnsignedArtists.com content, features, and/or services.

Posting Material on UnsignedArtists.com

You are solely responsible for any photographs, files, images, videos, sounds/audio, written works, musical works, or any other materials (collectively "Content") that you publish, display and/or transmit to other users of the service. By posting Content to any part of the website, you are indicating that you own all rights in the Content or have the legal right to grant the required permissions and licenses to UnsignedArtists.com, and that your posting of the Content does not violate the rights (copyright, privacy, publicity, contractual obligations, etc.) of any person. By posting Content to any part of the website, you automatically represent and warrant that you have the right to grant and do grant to UnsignedArtists.com a limited, non-exclusive, transferable, fully paid, royalty free, worldwide license with the right to sublicense to use, copy, publicly perform, display, reformat, translate, excerpt in whole or in part, and distribute such information and content and to prepare derivative works of or incorporate into other works, such information and content and to grant and authorize sublicenses of the foregoing. This license does not grant us the right to sell your Content, nor does the license grant us the right to distribute your Content outside of this website. Unless we have a separate signed contract with you, UnsignedArtists.com does not claim any ownership rights to the Content that you post to the website. Upon posting your Content to the website, you continue to retain all ownership rights in such Content. You understand and agree that service monitors may review, delete, and/or remove any content that, in its sole judgment, violates this Agreement. Service monitors also have the right to review, delete, and/or remove any Content deemed offensive, illegal, or that may harm, threaten the safety of or violate the rights of other users. If you post any Content on or through the website that requires royalties, fees, other payments to be made, you are obligated to pay them. You may remove your Content from the website at any time. If you choose to remove your content from the website, the license granted in this section will automatically expire.

User Conduct

By accepting these Terms, you agree that no materials of any kind submitted through your account will violate or infringe upon the rights (including by not limited to copyright, trademark, privacy, or other personal or proprietary rights) of any third party, and will not contain libelous, defamatory or otherwise unlawful material. When you create your account you must provide true and accurate information. You agree not to impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or create a false identity on this website. You agree not to use or attempt to use another person's account without permission. You agree not to upload, post, email, transmit, or otherwise make available any content that we may, at our discretion, determine to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or that which is racially, ethnically, or otherwise objectionable. You agree not to intentionally upload, post, email, transmit, or otherwise make 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, hardware, cable or telecommunications equipment. You agree not to intentionally upload or embed any unapproved programming, software, or devices. You agree not to collect user names and/or email addresses by electronic or other means for the purpose of selling, sharing or using that information for the bulk sending of unsolicited commercial email, messages, or comments. Fan accounts established for the display of commercial advertisements, business solicitation materials, etc. are not permitted and may be removed. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although UnsignedArtists.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UnsignedArtists.com or others due to such unauthorized use.

Claims of Copyright Infringement

UnsignedArtists.com respects the intellectual property rights of others. If you believe your work has been copied in any way that constitutes infringement or are aware of any infringing material on the website, please let us know. We will investigate claims of alleged infringement and take actions as provided under the digital Millennium Copyright Act ("DMCA") 17 U.S. C. 512(c)(3). In order to begin this process, you must provide our copyright agent with the following information: an electronic or physical signature of the person or persons authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the website; your street address, telephone number, and email address; a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are either the copyright owner or are authorized to act on the copyright owner's behalf. Please send all copyright notices to our copyright agent: The Law Office of Valerie Lovely, 20 Park Plaza, 4th Floor, Boston, MA 02116, email copyright@unsignedartists.com.

Proprietary Content on UnsignedArtists.com

UnsignedArtists.com owns and retains all proprietary rights to the UnsignedArtists.com website which contains copyrighted material, trademarks, and other proprietary information belonging to UnsignedArtists.com. With the exception of information that is in the public domain, or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Export Controls

Certain software that is available through the service is also subject to United States export controls and cannot therefore be downloaded, exported, or re-exported from UnsignedArtists.com to any countries or in any way that violates U.S. export restrictions.

Warranty Disclaimer

UnsignedArtists.com is not responsible for the online or offline conduct of any user. UnsignedArtists.com is not responsible for any incorrect or inaccurate Content posted to the website, whether caused by users or by any of the equipment or programming associated with or utilized in the service. From time to time the service may be temporarily unavailable due to website maintenance or for other reasons. UnsignedArtists.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of, user communications. UnsignedArtists.com is not responsible for any problems or technical malfunctions of any cable, telephone network or lines, computer online systems, servers or providers, computer equipment, hardware or any software on account of technical problems, traffic congestion on the Internet, at any website, or any combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the website. Under no circumstances will the service be responsible for any loss or damage, including personal injury or death resulting from anyone's use of the service, any content posted on the website or transmitted to users, or any interactions between users of the website whether online or offline.

THE WEBSITE, SERVICE AND CONTENT ARE PROVIDED 'AS-IS' AND UNSIGNEDARTISTS.COM DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNSIGNEDARTISTS.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE UNSIGNEDARTISTS.COM WEBSITE.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL COMPANY BY LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UNSIGNEDARTISTS.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold Company, its agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising from your use of the service in violation of this Agreement, or your violation of any law or rights of any third party.

Privacy Policy

Use of the website is governed by our Privacy Policy, incorporated by reference into these Terms. If there are any inconsistencies between the Privacy Policy and the Terms of Use, the Terms shall control.

Governing Law and Venue

These Terms shall operate to the fullest extent permissible by law and will be subject to and governed by the laws of the Commonwealth of Massachusetts. Any questions concerning their meaning and intention shall be adjudged and resolved in accordance with the law of Massachusetts. Section titles have been provided as a convenience and have no legal or contractual effect. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable, or in conflict with the law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. If any controversy or claim arises out of or relating to these Terms or through use of the service, you agree to place the matter before an appropriate arbitrator in accordance with the 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 Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction over the matter. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts that has jurisdiction. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or use of the website. By using the website and thereby agreeing to these Terms, users consent to personal jurisdiction and venue in the state and federal courts of Massachusetts with respect to all such disputes.

Changes to Terms of Use

From time to time we may make changes to our Terms of Use. When this occurs, we will post the changes on our website and will indicate the effective date of the revision. You will be bound by any minor changes to the Terms when you use the service after those changes have been posted. We may also notify users of changes in the Terms by posting a notice on our site for 30 days. It is your responsibility to regularly review our Terms of Use and if you do not agree to abide by these or any future versions, please do not use or access this website.

Reporting Abuse

Please use the available flag, spam, or contact tools to report any inappropriate behavior or comments. You may also report any security or abuse issues to security@unsignedartists.com, or write to us: UnsignedArtists.com, Inc., P.O. Box 535, Grafton, MA 01519.

Acceptance

This Agreement is considered accepted by you when you use the website and is affirmed when you create an UnsignedArtists.com account.

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