PureVolume

 
 
 

PUREVOLUME.COM- ARTIST TERMS AND CONDITIONS OF USE

Welcome to the artists area (“Artists Area”) of PureVolume.com (“PureVolume”), owned, produced and operated by PureVolume, Inc. (“PureVolume”) and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “PureVolume Companies”). PureVolume.com is a music-oriented content and information website that provides a service to musical artists and to bona fide independent record labels and major record labels on behalf of musical artists (each artist or record company is hereinafter referred to, individually as an “Artist,” and collectively as “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 (“Products and Services”), including the addition of new properties shall be subject to these Artist Terms and Conditions of Use (“Artist Terms of Use”), as well as the General Terms and Conditions of Use (“General Terms of Use”), incorporated herein by reference. PureVolume reserves the right to amend these Artist Terms of Use and the General Terms of Use at any time.

1. ACCEPTANCE

By using the Artists Area of PureVolume, you agree to be bound by these Artist Terms of Use, as well as the General Terms of Use, as modified from time to time. Because both the Artist Terms of Use and the General Terms of Use contain legal obligations, please read them carefully. Any violation of these Terms of Use or the General Terms of Use may result in suspension or termination of your right to access the Artists Area of PureVolume.

2. REGISTRATION

PureVolume Artist accounts (“Artist Accounts”) are for the use of Artists only. Artist Accounts set up for any other type of organization, promotion or purpose will be deleted, including, without limitation, production companies and recording studios. PureVolume approves all Artist Accounts electronically. Once your Artist Account is approved, you may create an Artist-specific mini-page on PureVolume (“Artist Page”). PureVolume is for the personal use of users (“Users”) and the promotional and/or commercial (pursuant to paragraph 7 below) use of Artists only. Organizations, companies, and/or businesses may not register with PureVolume and should not use the site for any purpose without the express written consent of PureVolume. PureVolume reserves the right to terminate an Artist’s Artist Account at its sole discretion at any time without prior notice to Artist. Artists may terminate their Artist Account at any time upon sixty (60) days written notice to PureVolume or by using the tools provided in the Artists Area.

3. NAME AND LIKENESS

By registering for and maintaining an Artist Account, you grant to PureVolume and the PureVolume Companies a non-exclusive license to use and to permit others to use throughout the universe the professional name of Artist, likenesses posted on the Artist Page, other identifications, and biographical material posted on the Artist Page concerning Artist (collectively the "NIL Materials") solely in connection with the advertising and promotion of PureVolume and the PureVolume Companies, or to refrain therefrom.

4. PRIVACY

You hereby acknowledge receipt and acceptance of PureVolume’s Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on PureVolume. If you have not yet read the Privacy Policy, please do so now.

5. CONDUCT

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Artist, and not PureVolume, shall be entirely responsible for all Content that it uploads, posts, emails or otherwise transmits via the Services. Artist conduct on PureVolume is governed by the General Terms of Use. You acknowledge and agree that PureVolume 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 via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, PureVolume 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 of Use or is otherwise objectionable as determined by PureVolume, in its sole discretion. Illegal and/or unauthorized uses of the PureVolume, including, without limitation, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to PureVolume will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

6. CONTENT LICENSE

By posting Content on PureVolume (including, without limitation, blogs, master recordings, artwork, photographs and tour dates) 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 privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on PureVolume. With respect to any Content posted by or in connection with the Products and Services, you hereby grant PureVolume 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, podcasting, online/broadcast and satellite radio, suggested playlists and User playlists, but specifically excluding through phonograph records), to publish and promote such Content in connection with the particular Products and Services (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within PureVolume or any other PureVolume website through links to PureVolume, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, 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.

7. MERCHANDISE SALES

Artist Pages may contain links to third party websites, including, without limitation, Artist’s personal website, where Users can purchase Artist-related goods or services, including, without limitation, merchandise, albums and concert tickets. By creating such links on your Artist Page, you agree to abide by the terms of the transaction and promptly fulfill all such orders. In addition, you acknowledge that you are entering into a direct transaction with the User, and that PureVolume, PureVolume and the PureVolume Companies are not parties to the transaction. In no event shall you create a link to a third-party website selling illegal items or items otherwise prohibited under the General Terms of Use. PureVolume reserves the right to delete any links to offensive or illegal materials.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PureVolume OR ITS LICENSORS BE LIABLE TO ANY ARTIST ON ACCOUNT OF THAT ARTIST’S OR ANY USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, INCLUDING ANY USER’S INFRINGING USES OF ARTIST CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PureVolume 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 THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). 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 THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, PUREVOLUME. 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 ARTIST PAGES OR OTHER CONTENT STORED THROUGHOUT PUREVOLUME, THROUGH HACKING OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL PureVolume OR ITS LICENSORS 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, 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, OR LOSS OF OR 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.

9. LINKING TO PUREVOLUME

Please see the General Terms of Use and the Trademark Usage Rules for rules governing the creation of links to the PureVolume website and the use of the PureVolume Companies’ marks.

10. INDEMNITY AND RELEASE

By using the PureVolume web site you agree to indemnify PureVolume, Inc., the PureVolume Companies, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the PureVolume web site, your use of the Products and Services, your sale of goods and services through a link from your Artist Page or otherwise, or your submission of ideas and/or related materials to PureVolume or from any person's use of any account or password you maintain with PureVolume, regardless of whether such use is authorized by you. By using PureVolume, using the Products and Services, or submitting any ideas and/or related materials to PureVolume, you are hereby agreeing to release PureVolume and its parents, subsidiaries, affiliates, officers, employees, 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 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 PureVolume. 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."

11. INTELLECTUAL PROPERTY DISPUTES

It is the policy of PureVolume to respond expeditiously to claims of intellectual property infringement. PureVolume 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. Upon receipt of notices complying or substantially complying with the DMCA, PureVolume 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. PureVolume will terminate access for Users who are repeat infringers. Please see the General Terms of Use for more information.

12. IDEA SUBMISSION

PureVolume is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to PureVolume, we would like to hear them -- but any submission will be subject to the General Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO PUREVOLUME BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO PureVolume, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO PureVolume THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PUREVOLUME IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PureVolume, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Last Modified October 5, 2005

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