Terms of Service
Please read the following terms and conditions of use (the "Terms of Service")
which govern your use of StudioLines.com and your relationship with
StudioLines.com, and all individuals and companies associated with this
Web site (collectively referred to as "We" or "Us"). If you do not agree to
these Terms of Service, do not use StudioLines.com. We may change the Terms
of Service from time to time and at any time without notice to you, by posting
such changes on this Web site. By using StudioLines.com following any
modification of the Terms of Service, you agree to be bound by the changes to
the Terms of Service.
Our Objective
Our objective at StudioLines.com is to provide a wider channel for accessing
the music we carry. We want to give the public the music they want to hear,
while protecting the rights of the artists whose creative efforts yield the
music we listen to. The intent is to facilitate trade, to insure all involved
are satisfied with the outcome. To achieve that goal, we require everyone who
signs up with our service to agree to the Terms of Service described in this
document.
Definitions
-
StudioLines.com
- this Web site, and the business organized to operate and maintain it
- (the)
Public
- anyone who accesses this site or its contents through the Internet or other
commonly available communication channels
-
Legal Guardian
- a person at least eighteen (18) years of age who has the legal authority to
enter into a contract on the behalf of a person less than eighteen (18)
years of age
-
Member
- anyone, whether a person or business, who has obtained an account on our
system accessed through a username and password
-
Artist
- a Member who has creative work(s) posted on, or for sale through, the site
-
Venue
- a Member who hires or otherwise hosts Artist(s) for public or private
performances
-
Author
- a Member who writes creative text (such as news articles, band or club
reviews) made available to the public through the site
-
Additional Services
- any enhanced services provided by StudioLines.com to its Members beyond the
basic free offerings generally available on the site
-
Subscriber
- a Member who has purchased Additional Services in return for fee(s) paid,
usually on a recurring basis
-
External Entities
- persons and businesses not having any contractual relationship with
StudioLines.com, including, but not limited to, agents, managers, record
companies, etc.
General Terms of Service
StudioLines.com is offered to you provided you accept without modification the
terms, conditions, and notices contained herein.
StudioLines.com is provided to businesses, and to individuals who are at least
18 years old or minors (persons who are under 18 years of age) who have the
permission of their Legal Guardian to open and maintain an account. Clicking
an "I Accept" button at the bottom of the page where this Agreement is
displayed, completing the registration process, or usage of this Web site,
means that you are eligible for an account, and that you accept and agree to
the Terms of Service.
You acknowledge and agree that you must: (a) provide for your own access to
the World Wide Web and pay any service fees associated with such access, and
(b) provide all equipment necessary for you to make such connection to the
World Wide Web, including a computer, software, modem and working telephone
line, cable modem, or other network connection.
By using StudioLines.com, including any content contained therein, you agree
that use of StudioLines.com is entirely at your own risk. StudioLines.com is
provided to you as a convenience as an online music and information exchange
management tool. Although we strive to insure we are providing the highest
quality product possible, we cannot guarantee the accuracy or completeness of
the services or information.
StudioLines.com IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, SERVICES, SECURITY, OR UNINTERRUPTED ACCESS. SPECIFICALLY,
StudioLines.com DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED
TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR
CONTENT OF StudioLines.com OR INFORMATION; AND (ii) ANY WARRANTIES OF TITLE,
WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
We reserve the right to change any information or service on this Web site,
including but not limited to revising and/or deleting features or other
information without prior notice to you. It is your responsibility to check
this page periodically to review any changes to these Terms of Service.
Accessing external links found on this Web site will provide you with access
to other Web sites. StudioLines.com assumes no responsibility of any kind for
the content, availability or other features of any such sites. (See "Links
from and to StudioLines.com" below.)
The content and appearance of this Web site may vary depending on the
limitations and functionality of your browser software.
User Conduct On StudioLines.com
As a condition of your use of StudioLines.com, you warrant that you will not
use StudioLines.com for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You agree to abide by all applicable local,
state, national and international laws and regulations, and are solely
responsible for all acts or omissions that occur under your account or
password, including the content of your transmissions through StudioLines.com.
By way of example, and not as a limitation, you agree not to:
- transmit or upload any material that contains software or other material
protected by intellectual property laws, rights of privacy or publicity or
any other applicable law unless you own or control the rights thereto or
have received all necessary consents;
- upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through StudioLines.com
which is protected by copyright, or other proprietary or intellectual
property right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or rightholder;
- upload, post, publish, reproduce, transmit or distribute in any way any
component of StudioLines.com itself or derivative works with respect
thereto, since StudioLines.com is copyrighted as a collective work under
U.S. copyright laws and may be covered under one or more patents pending;
- harvest or otherwise collect information about others, including email
addresses, without their consent;
- upload, post, publish or transmit any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening, abusive, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute illegal activity, give rise to civil liability, or
otherwise violate any local, state, national or foreign law, including
without limitation the U.S. export laws and regulations;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
- upload, post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained through
StudioLines.com for commercial purposes (other than as expressly permitted
by the provider of such information, software or other material);
- transfer or resell StudioLines.com, in whole or in part, or access to
StudioLines.com, to any third party;
- restrict, inhibit or interfere with another Member's use and enjoyment of
StudioLines.com or another individual's or entity's use and enjoyment of
similar services;
- interfere with or disrupt networks connected to StudioLines.com or violate
the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to StudioLines.com, other accounts,
computer systems or networks connected to StudioLines.com, through
password mining or any other means;
- post or transmit any bulk emails, advertisements, solicitations, offers
for sale of goods or services, surveys, contests, junk e-mail, chain
letters, pyramid schemes, investment opportunities or schemes, or other
unsolicited commercial communication (except as otherwise expressly
permitted by StudioLines.com) or engage in spamming or any duplicative
messages or flooding;
- impersonate any other person or entity, or misrepresent your affiliation
with any other person or entity;
- create a false identity for the purpose of misleading others as to the
identity of the sender or the origin of a message;
- post or transmit any information or software which contains a virus,
trojan horse, worm, time bomb, cancelbot, or other harmful or deleterious
component.
We have no obligation to monitor StudioLines.com. You acknowledge and agree,
however, that we do retain the right to monitor StudioLines.com and to
disclose any information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate StudioLines.com properly,
or to protect itself or its subscribers. We will not intentionally monitor or
disclose any private electronic message unless required by law. We reserve
the right to refuse to post or to remove any information or materials, in
whole or in part, that, in our sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms of Service.
Member Account, Password, Security, and Privacy
It is our policy to respect the privacy of our members. All information you
provide to StudioLines.com is protected under the terms of our Privacy Policy.
StudioLines.com will not monitor, edit, or disclose any personal information
about you or your use of our services, including their content, without your
prior permission, unless StudioLines.com has a good faith belief that such
action would be necessary to: (1) conform to legal requirements or comply with
legal process; (2) enforce the Terms of Service; (3) protect and defend the
rights or property of StudioLines.com; or (4) act to protect the interests of
our members or others. StudioLines.com may provide certain user information
in aggregate form to third parties, including its Member Artists or Venues, and
its advertisers, for demographic purposes.
StudioLines.com is provided to businesses, and to individuals who are at least
18 years old or minors (persons who are under 18 years of age) who have the
permission of their Legal Guardian to open and maintain an account. To become
a Member of StudioLines.com, you must complete our registration process,
providing current, complete and accurate information as requested on the
registration forms. You will choose your own username and password. You are
entirely responsible for maintaining the confidentiality of your password and
security of account. Furthermore, you are entirely responsible for any and
all activities that occur under your account. You agree to immediately notify
us of any unauthorized use of your account or any other breach of security
known or suspected by you. You must also maintain and update this information
to keep it true, accurate, current and complete. If any information provided
by you is untrue, inaccurate, not current or incomplete, we have the right to
terminate your account and refuse any and all current or future use of
StudioLines.com.
Some personal information you provide to StudioLines.com may be stored outside
of the country in which you reside.
You agree that StudioLines.com may access your account, including its
contents, as stated above or to respond to service or technical issues.
Submissions
Music and other creative works submitted to StudioLines.com for distribution
to the public remain the property of their creators, who retain the copyrights
to such works. In submitting music or other creative works, the Artist or
Author is giving StudioLines.com a non-exclusive, revokable license for
distribution of their work, unless provided for in a separate, specific and
additional agreement executed by both parties. Any subsequent revokation of
the distribution license must be accomplished by confirmed-delivery email, use
of appropriate forms on the StudioLines.com Web site, or certified postal
mail, and must provide a reasonable time for compliance. Artists and Authors
must certify they own or control all of the copyrights to their work, or they
have previously obtained proper permission to use any other copyrighted
material contained within their work. Artists and Authors further agree to
defend, indemnify and hold StudioLines.com, its affiliates, parents, officers,
directors and employees harmless from any and all claims, liabilities, costs
and expenses, including reasonable attorneys' fees, arising in any way from
their submission of creative works, messages, information, music, graphic
images, software or other materials to StudioLines.com.
Intellectual Property Rights
You acknowledge that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in
either sponsor advertisements or electronically distributed, commercially
produced information presented to you by StudioLines.com, or StudioLines.com's
Advertisers or other content providers, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. You
may make a copy of this content for your personal, non-commercial use only,
provided that you keep all copyright and other proprietary notices intact.
You may not modify, copy, reproduce, republish, upload, post, transmit, or
distribute in any way content available through StudioLines.com and its
associated Web sites, including music, graphics, code and software.
Links from and to StudioLines.com
Links included within StudioLines.com may cause you to leave our Web site and
be connected to external sites ("Linked Sites") which are not under the
control of StudioLines.com. You acknowledge and agree that StudioLines.com
has no responsibility for the accuracy or availability of information provided
by the Linked Sites, or any link contained in a Linked Site, or any changes or
updates to such sites. StudioLines.com is not responsible for Webcasting or
any other form of transmission received from any Linked Site. StudioLines.com
provides these links to you only as a convenience. Links to external Web
sites do not constitute an endorsement by StudioLines.com of the sponsors of
such sites or the content, products, advertising or other materials presented
on such sites. We do not author, edit, or monitor these external pages or
links. You acknowledge and agree that we are not responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on such external sites or resources.
Payment
For features of StudioLines.com for which periodic charges apply, each
subscriber to such features is responsible for the subscription fees and any
charges incurred therefor. After you become a registered Subscriber for such
features, StudioLines.com automatically charges your credit card each month
until you notify us in writing via confirmed-delivery email, through use of an
appropriate form on the StudioLines.com Web site, by telephone or Fax, or by
sending physical mail, requesting that we cancel your subscription to such
features and/or to StudioLines.com generally.
If you elect to purchase such Additional Services, you agree to provide
StudioLines.com with accurate and complete billing information, including your
legal name, address and telephone number, and to update this information
within 30 days of any change to it. Payment, or attempting payment, by
fraudulent means will result in immediate and permanent termination of your
account, and possible criminal penalties. On signing up for Additional
Services, you must pay StudioLines.com the then applicable fees ("Fees").
Currently applicable Fees are available at www.StudioLines.com. We reserve
the right to change the Fees or applicable charges and to institute new
charges at any time, upon thirty (30) days prior notice to you (which may be
sent by email). The Fees will automatically be charged annually or according
to subscription, in advance.
Your account will be considered delinquent if your credit card company refuses
for any reason to pay the amount billed to it and that amount remains unpaid
at the beginning of the next accounting cycle. The Additional Services may be
suspended, archived or purged from system if your account is delinquent for
more than one billing cycle. We are not obligated to restore archived data
from delinquent accounts and may impose a charge to do so.
If you believe you have been billed incorrectly, you must provide notice no
later than 60 days after the closing date on the first billing statement in
which you believe such error occurred, in order to receive an adjustment or
credit. Inquiries should be directed to StudioLines.com's Customer Support
department via email to support@StudioLines.com.
We may choose to bill through an invoice, in which case, you must submit full
payment for invoices issued in any given month within thirty (30) days after
the mailing date of such invoice, or StudioLines.com may be terminated.
Unpaid invoices are subject to interest of 1.5% per month on any outstanding
balance, or the maximum permitted by law, whichever is greater, in addition to
all expenses of collection.
Limitation of Liability
The information and services included in or available through StudioLines.com
may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. StudioLines.com and/or its respective
suppliers may make improvements and/or changes in StudioLines.com at any time.
StudioLines.com does not represent or otherwise warrant that our service will
be uninterrupted or error-free, that defects will be corrected, or that
StudioLines.com or the server that makes it available, are free of viruses or
other harmful components. StudioLines.com does not warrant or represent that
the use or the results of the use of StudioLines.com or the materials made
available as part of StudioLines.com will be correct, accurate, timely, or
otherwise reliable.
You specifically agree that StudioLines.com shall not be responsible for
unauthorized access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any transactions
entered into through StudioLines.com. You also specifically agree that
StudioLines.com is not responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property rights. You
also specifically agree that StudioLines.com is not responsible for any
content sent using and/or included in StudioLines.com by any third party.
StudioLines.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
StudioLines.com FOR ANY PURPOSE. StudioLines.com IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. StudioLines.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO StudioLines.com,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER StudioLines.com NOR ANY OF ITS EMPLOYEES, SUPPLIERS, AGENTS, ASSIGNS,
SUCCESSORS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU
OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF
StudioLines.com, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF StudioLines.com OR RELATED
WEB SITES, WITH THE DELAY OR INABILITY TO USE StudioLines.com OR RELATED WEB
SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, INABILITY TO GAIN
ACCESS TO OR USE StudioLines.com, UNAUTHORIZED ACCESS TO, LOSS OF, OR
ALTERATION OF YOUR DATA OR TRANSMISSIONS, OR OUT OF ANY BREACH OF ANY
WARRANTY, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
MUSIC OR GRAPHICS OBTAINED THROUGH StudioLines.com, OR OTHERWISE ARISING OUT
OF THE USE OF StudioLines.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF StudioLines.com OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, THE RESPECTIVE LIABILITY OF StudioLines.com, ITS EMPLOYEES,
SUPPLIERS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH LAW. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF StudioLines.com, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING StudioLines.com
AND ITS RELATED WEB SITES.
Indemnification
You agree to defend, indemnify and hold StudioLines.com, its affiliates,
parents, officers, directors and employees harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys' fees, arising
in any way from your use of StudioLines.com or the placement or transmission
of any message, information, music, graphic image, software or other materials
through StudioLines.com by you or users of your account or related to any
violation of these Terms of Service by you or any user of your account.
Failure to Comply With Terms of Service and Termination
Subscription to StudioLines.com may be terminated at any time, with or without
cause, by either StudioLines.com upon notification by email or telephone, or
by the Subscriber with notice as provided in the next paragraph. When the
termination is requested by the Subscriber, any subscription fees are NOT
refunded. Subscribers are liable for charges incurred by them through the time
of their termination of service.
To cancel a StudioLines.com subscription, you must contact the StudioLines.com
Customer Support department using confirmed-delivery email, forms on our Web
site, or via Fax, postal mail or telephone. The email address for this is
support@StudioLines.com
You acknowledge and agree that we may terminate your password or account or
deny you access to all or part of StudioLines.com without prior notice if you
engage in any conduct or activities that we, in our sole discretion, believe
violate any of these Terms of Service, violate the rights of StudioLines.com,
or is otherwise inappropriate for continued access.
StudioLines.com has no obligation to maintain any content in your account on
termination, or to forward any unread or unsent messages to you or any third
party.
If you purchased Additional Services, you must pay in full for such Additional
Services up to and including the last day on which they are provided. We will
remove all content of an account shortly after cancellation or termination,
and we may, but are not obligated to, delete archived data. Except as
otherwise expressly provided herein, all sections of these Terms of Service
which by their nature should survive termination will survive termination,
including, without limitation, accrued rights to payment, warranty
disclaimers, and limitations of liability. Termination is not an exclusive
remedy and we reserve all other available remedies.
StudioLines.com will immediately terminate any account which it believes, in
its sole discretion, is transmitting or is otherwise connected with any spam
or other unsolicited bulk e-mail. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated then
you agree to pay StudioLines.com liquidated damages of $5 for each piece of
spam or unsolicited bulk e-mail transmitted from or otherwise connected with
your account, otherwise you agree to pay StudioLines.com's actual damages, to
the extent such actual damages can be reasonably calculated.
Participation in Promotions of Advertisers
Any dealings with Advertisers found on StudioLines.com or participation in
promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with
such dealings or promotions, are solely between you and the Advertiser or
other third party. StudioLines.com shall not be responsible or liable for any
part of any such dealings or promotions.
Miscellaneous
The Terms of Service and the relationship between you and StudioLines.com
shall be governed by the laws of the State of Massachusetts, and the United
States of America, without regard to any conflict of law provisions. You and
StudioLines.com each agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of Massachusetts. Use of
StudioLines.com is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and StudioLines.com as a result of this
agreement or use of StudioLines.com unless provided in a separate, specific
and additional agreement executed by both parties. StudioLines.com's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of StudioLines.com's
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of StudioLines.com or information provided
to or gathered by StudioLines.com with respect to such use. The failure of
StudioLines.com to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. If any part
of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
StudioLines.com with respect to StudioLines.com and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and StudioLines.com with respect to StudioLines.com.
A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. You and StudioLines.com agree that any regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of StudioLines.com or the Terms of Service must
commence within one (1) year after such claim or cause of action arose;
otherwise, such cause of action is permanently and forever barred. The
section titles in the TOS are solely used for the convenience of the parties
and have no legal or contractual significance.
It is the express will of the parties that this agreement and all related
documents have been drawn up in English.
Any example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Copyright and Trademark Notices
All contents of StudioLines.com are Copyright © 2001 StudioLines.com and/or
its suppliers, c/o StudioLines.com, Post Office Box 15591, Kenmore Station,
Boston, Massachusetts 02215 U.S.A. All rights reserved.
Trademarks
StudioLines.com, StudioLines, and/or other StudioLines.com products and
services referenced herein are either trademarks or registered trademarks of
StudioLines.com. The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
ToS.txt::20010506.2027
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Last modified April 17, 2002 @ 6:52 pm
Copyright © 2001-2002 by StudioLines.com. All rights reserved.