Terms and Conditions
1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF PARTICIPATION
Unsigned Promotions (UnsignedPromotions.com) Service ("Service"), owned and operated by Unsigned Promotions, is provided to you ("User" or "You") under the terms and conditions of this Unsigned Promotions Terms of Participation ("TOP") and any operating rules or policies that may be published by Unsigned Promotions. The TOP comprises the entire agreement between User and Unsigned Promotions and supersedes all prior agreements between the parties regarding the subject matter contained herein. The Service has been created to be easily accessible to all Users of legal age, but it also has limitations and risks that User must be aware of before participating. Prior to, and as a condition of User's your participation, User must agree to abide by the TOP. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOP. You may review these Terms at any time by clicking on the "terms" link on Band pages.
2 QUALIFIED USERS: LEGAL CAPACITY AND OWNERSHIP OF RIGHTS
Use of the Service is available only to Users whom have the exclusive ownership rights to their intellectual property, including, but not limited, to all copyrighted works (e.g., music, lyrics, etc.)
3 DESCRIPTION OF SERVICE
Unsigned Promotions is providing User with the Service through its UnsignedPromotions.com web site. User agrees to the unrestricted personal use and enjoyment of any and all of User's Intellectual Works that User designates as available for download. User grants "listening for personal enjoyment only" rights to any Intellectual Works. User is NOT transferring, assigning or granting ownership rights to the Intellectual Works. User's Intellectual Works, will not be distributed other than through download from UnsignedPromotions.com unless express permision is given by the copyright owner/s. Unsigned Promotions retains the right to distribute works (with permission) to gain interviews, gigs for the bands it represents.
4 MODIFICATIONS TO TERMS OF SERVICE
Unsigned Promotions may change the terms and conditions of the TOP from time to time. Upon any change in the terms and conditions of the TOP, Unsigned Promotions will notify you by posting the changes in the "terms" area of the site. User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the TOP and its modifications; and (2) agreement by User to abide and be bound by the TOP and its modifications.
5 MODIFICATIONS TO SERVICE
Unsigned Promotions reserves the right to modify or discontinue the Service at any time with or without notice to User. Unsigned Promotions may add to, change, delete or end our or User's use of the Service at any time. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Unsigned Promotions shall not be liable to User or any third party should Unsigned Promotions exercise its right to modify, suspend or discontinue the Service.
It is Unsigned Promotions's policy to respect the privacy of its Users. Unsigned Promotions will not monitor, edit, or disclose the contents of a User's private data unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Unsigned Promotions; (2) protect and defend the rights or property of Unsigned Promotions; or (3) act under exigent circumstances to protect the personal safety of its Users or the public. User acknowledges and agrees that Unsigned Promotions neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
7 DISCLAIMER OF WARRANTIES
User expressly agrees that use of the service is at user's sole risk. The service is provided on an "as is" and "as available" basis. Unsigned Promotions expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Unsigned Promotions makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Unsigned Promotions make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer \ system or loss of data that results from the download of such material and/or data. Unsigned Promotions makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by user from Unsigned Promotions or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
8 LIMITATION OF LIABILITY
Unsigned Promotions shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Unsigned Promotions has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
9 NO RESALE OR COMMERCIAL USE OF THE SERVICE
User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service, without the express consent of Unsigned Promotions.
10 USER CONDUCT
User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Unsigned Promotions may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the TOP.
11 PROHIBITED CONDUCT
Unsigned Promotions prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. Additional prohibitions include bands/artists listed in the incorrect category, duplicate listings that contain more than 60% of the same characters, regardless of category, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Unsigned Promotions prohibits the following for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive. Further, Unsigned Promotions prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that User might become exposed to such items. User hereby expressly waives any right it may have to any damages (from any party) related to such exposure.
12 LAWFUL PURPOSES
The Service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. User may use the information related to the Service only to the extent necessary to facilitate transactions related to the Service.
User agrees to indemnify and hold Unsigned Promotions, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this TOP by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
Either User or Unsigned Promotions may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Unsigned Promotions shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the TOP or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Membership; and (3) notify Unsigned Promotions of termination. Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and Unsigned Promotions will have no obligation thereafter to forward any unread or unsent messages to User or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Unsigned Promotions may broadcast notices or messages through the Service to inform User of changes to the TOP, the Service, or other matters of importance; such broadcast shall constitute notice to User.
16 PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. Unsigned Promotions assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17 CORPORATE SPONSORS
User agrees and understands that Unsigned Promotions may have multiple corporate-branded interfaces with unique domain names (e.g. XYZCompany.WeSponsorMusic.com) that access all or part of the database of music in which User's music and content will be included pursuant to User's agreement to the TOP and participation in the Service. User agrees that this does not alter your agreement with Unsigned Promotions and does not constitute a legal relationship with nor does it require a legal agreement with any Unsigned Promotions Corporate Sponsor.
18 PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by Unsigned Promotions or its Advertisers or Corporate Sponsors, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Unsigned Promotions or its Advertisers or Corporate Sponsors.
19 THIRD-PARTY TRANSACTIONS
Unsigned Promotions is not involved in any transaction between any parties who use the Service. The Service is a venue only. Unsigned Promotions does not screen or censor or otherwise control the content offered to other Users, nor does Unsigned Promotions screen or censor or otherwise control the Users of its Service other than as stated in this TOP. Unsigned Promotions cannot and does not guarantee control of the behavior of the participants in the Service. Unsigned Promotions does not assume responsibility for the content or context of the user areas, and will not remove or edit postings to the public comments areas once they are entered into the Service, except to expire records or in our sole discretion. Unsigned Promotions retains the right to alert users of our service to "Mature Content" as defined by Unsigned Promotions, which definition includes, but is not limited to: nudity, profanity, racial slurs and obscenity. Any Intellectual Works that contain "Mature Content" may not be available in association with select Corporate Sponsors.
20 THIRD-PARTY DISPUTES
If there is a dispute between participants in the Service, Unsigned Promotions is under no obligation to become involved. In the event User has a dispute with one or more other Users, User hereby releases Unsigned Promotions and its officers, employees, agents and successors from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If User is a California resident, User waives California Civil Code Section 1542, which says "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, if known by him must have materially affected his settlement with the debtor."
The TOP shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflict of law provisions. User and Unsigned Promotions agree to submit to the exclusive jurisdiction of the courts of the State of Arizona. If any provision(s) of the TOP is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Unsigned Promotions 's failure to exercise or enforce any right or provision of the TOP shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Unsigned Promotions in writing. User and Unsigned Promotions agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOP are solely used for the convenience of the parties and have no legal or contractual significance.
22 DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), Unsigned Promotions will respond expeditiously to claims of copyright infringement committed using the Service. If You are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting Unsigned Promotions by email at gareth@unsignedPromotions.com
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