|
|
 |
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Eligibility and Registration
VoteTheMusic.com (“the Site”) is a service of Zooles.com and is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using the Site immediately. If for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site.
To become a Vote the Music registered voter and to use certain features of the Site, you must provide a name, e-mail address, zip code, birth date and your gender. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you may be asked to choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.
You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. Because any or all of this information disclosed through our site could become public, you should exercise caution when sharing any of your personal information.
This site has been developed for its members, friends and other permitted users. We want you to be able to use our site and get the most out of it, including ability to communicate with other users and chat, exchange ideas and direct interaction.
From time to time, in our sole discretion, we shall have the right (but not the obligation) to vote, on your behalf and as your proxy, at any one or more voter-based lists of artists or musical compositions that are favored by us, which lists are compiled, maintained and/or publicized by us or any third party and accessible in print or broadcast on radio, TV, web or any other medium now known or hereinafter developed.
We have made an effort to make these Terms and Conditions easy to read and understand and we hope that you will take the time so that you are at ease with the service. With your help, we can make VoteTheMusic.com a unique and effective online music community where fans come together to support their favorite artists. So go ahead and spend a few moments reading through these Terms and Conditions:
Participation Disclaimer
We assume no responsibility to review all communications and materials posted to or created by users accessing the Site, and are in no way responsible for the content of these communications and materials. By agreeing to these Terms and Conditions, you acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Site. However, we do reserve the right to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.
Modifications
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
Rules of Conduct in the Use of This Site
We are firm believers in the use of the Internet, in general, and this Site, in particular as a resource for fun, safe and responsible communication and interaction. Please be aware that your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password.
In accordance with our policies, you shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
| a) | be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; |
| b) | affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; |
| c) | send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; |
| d) | be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages; |
| e) | transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; |
| f) | forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; |
| g) | violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; |
| h) | modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; |
| i) | collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; or |
| j) | attempt to use multiple accounts or unauthorized forms of cheating the system to receive more points or rewards. |
Advertising
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Proprietary Rights in Content on the Site
By displaying or publishing ("posting") any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the various Services of the Site, you hereby grant to VoteTheMusic.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (a) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
The Services contain Content of VoteTheMusic.com ("VoteTheMusic.com Content"). Copyright, trademark, patent, trade secret and other laws protect VoteTheMusic.com Content, and VoteTheMusic.com owns and retains all rights in the VoteTheMusic.com Content and its various Services. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display VoteTheMusic.com Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
The Services contain Content of users and other VoteTheMusic.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
Notification of Copyright Infringement
We may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
We will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site or its various Services, please notify our Copyright Agent identified below.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following:
| a) | a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
| | b) | a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
| | c) | a description of the exact name of the infringing work on this site or the Service (and the location of the infringing work, if it appears on this site or the Service) or if the infringing work appears on a site linked to from this site or the Service where the material that you claim is infringing is located on such site;
| | d) | information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
| | e) | a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
| | f) | a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
|
To reach our Copyright Agent for notice of claims of copyright infringement:
By email:
copyrightagent@VoteTheMusic.com
By mail:
Copyright Agent
Zooles.com
P.O. Box 386
Park Ridge, NJ 07656
Please be aware that you could be liable for damages (which could also include attorneys' fees) if you materially misrepresent a claim that content is infringing upon your copyright. Note that in a recent case (see Online Policy Group v. Diebold, Inc. for more details), a company claimed their copyrighted material was being infringed upon and sent notification requiring the removal of this material. It was determined in court that the company knowingly and materially misrepresented the claim, and as such was ordered to pay damages and attorneys fees; the company has agreed to pay $125,000 in total.
If you are not absolutely certain as to whether material present on the Site infringes upon your copyright, for example, if it may be protected under exceptions to the copyright law, like fair use, it is strongly recommended that you contact an attorney prior to submitting any claim of copyright infringement.
Furthermore, if it comes to our attention that any material misrepresentation has occurred or is evident, we reserve the right to take any action we deem appropriate, in our sole discretion, including, without limitation, suspending your account.
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site or its Service. The Copyright Agent will not respond to any other inquiries.
Trademarks
All trademarks, service marks and trade names of VoteTheMusic.com used in the site are trademarks or registered trademarks of VoteTheMusic.com or third parties who have authorized the use of such marks on our site.
Warranty Disclaimer
This site and the materials and other items on or available through this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Disclaimer and Limitations of Liability
This Site, and all materials, products and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the Site will be available for use, or that all products, features, functions or operations will be available or perform as described. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, postings and materials associated with your use of the Site.
You understand and agree that, to the fullest extent permissible by law, this site, Zooles.com, the parent company, or their respective successors and assigns, or any of their subsidiaries, affiliates, or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the site or from this agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have us, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for us, to refund any monies actually paid by you for the products involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration and/or shopping process. We may terminate these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
We may deliver notices to you relating to the use of this site by means of e-mail, a general notice posted on our site, or by other reliable method to the address you have provided to us.
Indemnification
You agree to indemnify, defend and hold the Site, Zooles.com, the Parent Company, or their subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your postings.
The Parent Company reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Parent Company in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Company.
Third-Party Links
In an attempt to provide an enhanced user experience and value to our members and other visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on the Site as well as sites to which we link (including if a specific link does not work).
Privacy Policy
Your use of this site is also subject to our Privacy Policy, which you may review by clicking here.
Miscellaneous
This site is intended for use by residents of the United States of America only. Your use of the Site shall be governed in all respects by the laws of the State of New York, U.S.A., without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods (if otherwise applicable). You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Manhattan, New York. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
|
|
|
|
|
|
