IBuddz.com
Artist Terms and
Conditions of Use
Welcome to the artists
area ("Artists Area") of IBuddz.com ("IBuddz"), owned, produced and
operated by AgilePaper Corp. ("AgilePaper") and, potentially, in part
or in whole, by its parents, subsidiary and affiliate corporations,
successors, and assigns (collectively referred to as "AgilePaper
Companies"). IBuddz.com is a music-oriented content and information
website that provides a service to musical artists (each an "Artist"
and collectively "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. AgilePaper 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 IBuddz, 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 IBuddz.
2.
REGISTRATION
IBuddz 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. Once your Artist Account is submitted, you may
create an Artist-specific mini-page on IBuddz ("Artist Page"). IBuddz
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
IBuddz and should not use the site for any purpose without the express
written consent of First Beat Media. IBuddz reserves the right to
terminate an Artist Account at its sole discretion at any time without
prior notice to the Artist. Artists may terminate their Artist Account
at any time upon sixty (60) days written notice to
IBuddz.
3.
NAME AND LIKENESS
By
registering for and maintaining an Artist Account, you grant to IBuddz
and the AgilePaper 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
solely in connection with the advertising and promotion of IBuddz and
the AgilePaper Corp Companies, or to refrain there
from.
4.
PRIVACY
You
hereby acknowledge receipt and acceptance of iBuddz’s Privacy Policy,
including our Notice Regarding the Privacy of Children Under 13 While
on IBuddz. 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 First Beat Media, shall be entirely responsible for all Content
that it uploads, posts, emails or otherwise transmits via the
Services. Artist conduct on IBuddz is governed by the General Terms of
Use. You acknowledge and agree that AgilePaper 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,
AgilePaper 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 AgilePaper Corp., in its sole
discretion. Illegal and/or unauthorized uses of the IBuddz, 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 IBuddz
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 IBuddz (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 IBuddz. With respect to any
Content posted by or in connection with the Products and Services, you
hereby grant AgilePaper Corp. 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 IBuddz or any other
AgilePaper website through links to IBuddz, 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 IBuddz and AgilePaperare
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. IBuddz 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
AGILEPAPEROR 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 AGILEPAPEROR 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, IBUDDZ. 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 IBUDDZ, THROUGH HACKING OR OTHERWISE. UNDER NO
CIRCUMSTANCES SHALL AGILEPAPEROR 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 IBUDDZ
Please see the General
Terms of Use and the Trademark Usage Rules for rules governing the
creation of links to the IBuddz website and the use of the AgilePaper
Companies' marks.
10.
INDEMNITY AND RELEASE
By
using the IBuddz web site you agree to indemnify AgilePaper Corp., the
AgilePaper 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 IBuddz 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 AgilePaper or from any person's
use of any account or password you maintain with IBuddz, regardless of
whether such use is authorized by you. By using IBuddz, using the
Products and Services, or submitting any ideas and/or related
materials to First Beat Media, you are hereby agreeing to release
AgilePaper 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 AgilePaper Corp.. 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 AgilePaper Corp. to respond expeditiously to claims
of intellectual property infringement. AgilePaper Corp. 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, IBuddz
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. IBuddz will terminate access for Users who are repeat
infringes. Please see the General Terms of Use for more
information.
12.
IDEA SUBMISSION
IBuddz is always improving
its Products and Services and developing new features. If you have
ideas regarding improvements or additions to IBuddz, 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 IBUDDZ BE SUBJECT TO ANY OBLIGATION OF
CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA
AND/OR ANY RELATED MATERIAL TO FIRST BEAT MEDIA, YOU ARE WAIVING ANY
AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS
AND ARE REPRESENTING AND WARRANTING TO AGILEPAPERTHAT 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 IBUDDZ IS FREE TO
IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS
PROVIDED OR AS MODIFIED BY AGILEPAPER CORP., WITHOUT OBTAINING
PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Last
Modified December 1,
2009