PureVolume

 
 
 

PUREVOLUME.COM - LISTENER TERMS AND CONDITIONS OF USE

Welcome to the listeners area (“Listeners 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 website that provides content and information to visitors and registered users (“Listeners”). 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 Listener Terms and Conditions of Use (“Listener 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 Listener Terms of Use and the General Terms of Use at any time.

1. ACCEPTANCE

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

2. REGISTRATION

PureVolume Listener accounts (“Listener Accounts”) are for the personal use of registered Listeners only. Listener Accounts set up for any other type of organization, promotion or purpose will be deleted. PureVolume approves all Listener Accounts electronically. Once your Listener Account is approved, you may create a Listener-specific profile on PureVolume (“Profile”). None of the PureVolume sites, including PureVolume, are directed to children under the age of 13. We operate our network of sites in compliance with the Children’s Online Privacy Protection Act of 1998, and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process. PureVolume reserves the right to terminate a Listener’s Listener Account at its sole discretion at any time upon notice to Listener at the e-mail address you provide at the time of registration, or such other e-mail address as you may later provide to PureVolume. Listeners may terminate their Listener Account at any time by following the instructions on the Cancel My Account page of the My Account section of the Listeners Area.

3. NAME AND LIKENESS

By registering for and maintaining an Listener Account, you grant to PureVolume and the PureVolume Companies a non-exclusive license to use and to permit others to use throughout the universe any content posted on Listener’s Profile concerning Listener, including, without limitation, usernames and photographs (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. E-MAIL COMMUNICATIONS FROM PUREVOLUME

From time to time, PureVolume will send Listeners e-mail communications informing them of updates to the site, or new Products and Services. You may opt-out of receiving these e-mail communications at any time. Simply log-in to your Listener Account, click the “Edit Profile” link and select the “No” button next to “Receive PV Email Updates”.

6. 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 Listener, and not PureVolume, shall be entirely responsible for all Content that it uploads, posts, emails or otherwise transmits via the Services. Listener 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. Please be aware that any Content you post on PureVolume, whether on your Profile or elsewhere, can be accessed by the public and can in turn be used by those people to send you unsolicited communications. PureVolume and the PureVolume Companies are not responsible for the personally identifiable information you choose to submit on PureVolume. Please think before you post any personal information online. Illegal and/or unauthorized uses of the PureVolume, including, without limitation, collecting user names and/or email addresses of Listeners 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.

7. 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 ant 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 Listener 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.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PureVolume OR ITS LICENSORS BE LIABLE TO ANY LISTENER ON ACCOUNT OF THAT LISTENER’S OR ANY USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, INCLUDING ANY USER’S INFRINGING USES OF LISTENER 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 LISTENER 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. INDEMNITY & 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 Listener 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."

10. 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 December 1, 2005