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Version
1.0 as of June 1, 2004
Set
forth below are the terms of service (these "Terms
of Service") governing the Got Local Music.com
web site located at, or linked to through, the
root URL www.gotlocalmusic.com,
which may expand or change from time to time (the
"Website"). As used herein, the term 'Got Local
Music.com" refers to Got Local Music, the sole
owner and operator of the Website; the term "you"
or "your" refers to an individual, representing
yourself or, if applicable, acting as legal representative
for a group, business entity or corporation.
CAREFULLY
READ THESE TERMS OF SERVICE. BY AVAILING YOURSELF
OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING
TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH
TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED
BELOW.
Use
of Materials Found on the Website:
The information, artwork, text, audio, pictures,
software and other intellectual property (collectively,
"Materials") contained on the Website are protected
by copyright and international laws. You may only
access and use the Materials for personal or educational
purposes or as expressly provided for in applicable
Got Local Music.com terms of service. You may
not otherwise reproduce, distribute, publicly
perform, publicly display, modify or create derivative
works of the Materials, unless authorized by the
appropriate copyright owner(s). In the event that
you print Materials found on the Website, you
must include any copyright notice originally included
with the Materials on all copies. You should not
attempt to "pass off" any Materials as your own
work. Any computer software downloadable or otherwise
available on the Website is provided subject to
the terms of the applicable license agreement.
Sites
Linked From the Website:
Links to third-party web sites from the Website
are not necessarily under Got Local Music.com's
control, and Got Local Music.com does not assume
any responsibility or liability for any content,
opinions or materials available at such third-party
web sites. Got Local Music.com does not investigate,
monitor or check for accuracy such third-party
web sites and Got Local Music.com does not intend
any such links to third-party web sites to imply
Got Local Music.com's sponsorship or endorsement
thereof. Your use of such web sites is at your
own risk.
"Framing"
the Website:
Framing of the Website is permitted only by express
agreement with Got Local Music.com, and Got Local
Music.com may require if specific measures are
to be taken to avoid user or consumer confusion.
Such measures may include, but are not limited
to: clearly attributing the displayed Material
to the Website or providing each user or consumer
with the opportunity to visit the Website directly
by, for example, including a tab labeled "Remove
Frames." Got Local Music.com reserves the right
to withhold consent for any reason and any failure
to monitor or control each instance of the framing
of the Website shall not be considered a waiver
of any of Got Local Music.com's rights. Any framing
of the Website shall not imply the endorsement
or sponsorship of New Orleans Bands.net, or Got
Local Music.com Affiliates, as hereafter defined.
Copyright
and Trademark Infringement Policy and Notification
Procedure:
Got Local Music.com does not own the musical compositions,
sound recordings, art or other written or visual
images (collectively, the "Content") posted by
third parties to the Website. All Content is posted
by an individual, group or company (collectively,
the "Artist") who has represented and warranted
to Got Local Music.com that, among other things,
neither the Content nor the names, trademarks
and service marks under which Content is promoted
(collectively, the "Name") infringes any third
party's copyright, patent, trademark, trade secret
or other proprietary rights, rights of publicity
or privacy, or moral rights (see the section titled
Representations and Warranties of the current
Got Local Music.com Submission Agreement at http://www.gotlocalmusic.com.com/terms/submission_agreement.html).
Since
Got Local Music.com is not in a position to determine
who has the prevailing claim to use any particular
Content or Name posted to the Website, its policy
on such matters is that they be resolved directly
by the parties alleging misuse of their Content
and/or Name (the "Complainants") and the Artists.
We recommend that Complainants immediately notify
Artists about allegations of infringement by going
to the Artist's page on the Website, clicking
the URL of the home page and using the email to
transmit a message. It has been Got Local Music.com's
experience that most Artists are honest and responsible
citizens who may not realize they are engaged
in infringing activities. Typically, once notified
of a claim, Artists voluntarily cease using such
infringing Content and/or Name on the Website
and elsewhere.
Complainants
may notify Got Local Music.com concerning any
Content and/or Name being used on the Website
in violation of their rights either by providing
all requested information in the manner described
in Nos. 1-9 below, or by contacting us here.
Got Local Music.com only shall use information
provided by Complainants in accordance with its
then-current Privacy Policy
and as reasonably necessary to address any allegations
contained therein, which may include disclosing
some or all of the information to Artists. In
most cases, soon after receiving written notice
alleging infringement, Got Local Music.com either
will remove the allegedly infringing Content and/or
Name from those web pages identified or, at its
election, remove those web pages.
- Complainant's
full name and if applicable, the name of the
business entity represented.
- Complainant's
mailing address and if applicable, the mailing
address of the business entity represented.
- Complainant's
daytime telephone number.
- Complainant's
email address, if any.
- Description
or identification of the Content and/or Name
in which exclusive rights are claimed.
- Basis
for asserting ownership or exclusive rights
in the Content and/or Name.
- URL
of all web pages on the Website where the Content
and/or Name is known to be located.
- Reprint
the following sentence: "By submitting this
notification of infringement to Got Local Music.com,
under penalty of perjury and to the best of
my knowledge I attest that none of the information
provided herein is false or misleading, I am
the person identified in No. 1 above and I own,
or I am authorized to act on behalf of the owner
of the Content and/or Name."
- Submit
- (a) by email, sign electronically, then transmit
to info@gotlocalmusic.com;
subject: "Infringement Notification;" or (b)
by mail, sign physically then mail to Got Local
Music.com.
Questions
concerning Got Local Music.com's Copyright and
Trademark Infringement Policy and Notification
Procedure should be addressed as described in
No. 9 above.
Please
note, until receiving notification from Artists
and Complainants that their disputes have been
resolved, it is unlikely that Got Local Music.com
knowingly will permit any Artist, including the
Complainant, to post such allegedly infringing
the Content and/or the Name on the Website. Of
course, Got Local Music.com will be happy to cooperate
as is reasonable with respect to implementing
any agreement among the parties to such a dispute.
Forward-Looking
Statements:
The Website may contain projections or other forward-looking
statements regarding future business events or
activities. Got Local Music.com cautions you that
any such statements reflect only predictions and
that actual developments, results and events might
differ materially. Nothing contained on the Website
constitutes a solicitation by Got Local Music.com
of the purchase or sale of securities.
Modification
of Terms of Servives:
Got Local Music.com may modify these Terms of
Servives from time to time in its sole discretion.
When such modification is made, Got Local Music.com
will post a revised version of these Terms of
Servives on the Website. Modifications will be
effective when they are posted. Got Local Music.com
is not required to provide you with notification
that any such modification has been made. It is
your responsibility to review these Terms of Servives
from time to time to be aware of any such modifications.
Each time you visit the Website, you will be deemed
to have accepted any such modifications.
Your
Conduct:
You shall use the Website for lawful purposes
only. You shall not post or transmit via the Website
any material which violates or infringes in any
way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate
any law, or which, without NGot Local Music.com's
express prior approval, contains advertising or
any solicitation with respect to products or services.
International
Use:
Got Local Music.com makes no representation that
Materials on this Website are appropriate or available
for use in locations outside the United States,
and accessing them from territories where their
contents are illegal is prohibited. Those who
choose to access the Website from locations outside
the United States do so at their own risk and
are responsible for compliance with local laws.
WARRANTY
DISCLAIMER:
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND
RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE,
MATERIALS AND RELATED SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. GOT LOCAL
MUSIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES
WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN,
WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY
IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION,
GOT LOCAL MUSIC.COM MAKES NO REPRESENTATION THAT
THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE. GOT LOCAL MUSIC.COM WILL NOT BE
LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS
OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT
OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE
AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE
ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING
THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION
OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL GOT
LOCAL MUSIC BANDS.COM BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION
OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED
UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN
WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES,
SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY
TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE
CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY
BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation
of Liability:
By availing yourself of the Website, Materials
or related services, you agree to release and
hold Got Local Music.com and the employees, officers,
directors, shareholders, agents, representatives
of Got Local Music.com, its affiliates, subsidiaries,
advertising, promotion and fulfillment agencies,
any entity controlling, controlled by or under
common control with Got Local Music.com, any third-party
providers or sources of information or data and
legal advisers (collectively, "Got Local Music.com
Affiliates") harmless from any and all losses,
damages, rights, claims and actions of any kind
arising from or related to the Website, Materials
or related services including but not limited
to: (a) telephone, electronic, hardware or software,
network, Internet or computer malfunctions, failures
or difficulties of any kind; (b) failed, incomplete,
garbled or delayed computer transmissions; (c)
any condition caused by events beyond the control
of Got Local Music.com that may cause the Website
or related services to be disrupted or corrupted;
(d) any injuries, losses or damages of any kind
arising in connection with or as a result of your
use of the Website, Materials or related services;
or (e) any printing or typographical errors in
any materials associated with the Website, Materials
or related services. In addition, you agree to
defend, indemnify and hold Got Local Music.com
Affiliates harmless from any claim, suit or demand,
including reasonable attorney's fees, made by
a third party due to or arising out of your utilizing
the Website, Materials or related services, your
violation or breach of these Terms of Servives,
your violation of any rights of a third party,
or any other act or omission by you. IN NO EVENT
WILL GOT LOCAL MUSIC.COM BE LIABLE FOR ANY INDIRECT,
STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF
YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING,
INCLUDING NEGLIGENCE), EVEN IF GOT LOCAL MUSIC.COM
WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
Provisions:
You agree to comply with all applicable laws regarding
the transmission of technical data exported from
the United States or the country in which you
reside. Your correspondence or business dealings
with, or participation in promotions of or with
parties found on or through the Website, including
payment and delivery of related goods or services,
and any other terms, conditions, warranties or
representations applicable to such dealings, are
solely between you and such parties. These Terms
of Servives are governed in all respects by the
laws of the State of California as such laws are
applied to agreements entered into and to be performed
entirely within California between California
residents. Legal proceedings related to the matters
herein shall be brought in and adjudicated solely
in the courts of Jefferson, California, United
States of America. Both parties consent to extra-territorial
service of process and submit to the jurisdiction
of said courts. If any provision of these Terms
of Servives is held to be invalid or unenforceable,
such provision shall be struck and the remaining
provisions shall be enforced. Got Local Music.com's
failure to act with respect to a breach by you
or others does not waive its right to act with
respect to subsequent or similar breaches. These
Terms of Servives set forth the entire understanding
and agreement of the parties as to the subject
matter hereof and supersede all prior proposals,
discussions or agreements with respect thereto.
A printed version of these Terms of Servives and
of any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to these Terms of Servives
to the same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
©
2003 Got Local Music.com, All rights reserved.
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