Artist Intersect

Terms of Use

 

Welcome to the Artist Intersect website of Artist Intersect, LLC ("AI"). AI provides you access to the AI website and websites hosted on the AI platform (the "Site") and software, information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below (the "Terms of Use"). Your access to and use of this website is subject to the following terms and conditions and all applicable laws. By accessing and browsing our website, you accept, without limitation or qualification, these terms and conditions. If you do not agree to them, please DO NOT USE THIS WEBSITE OR OTHER WEBSITES AND SERVICES HOSTED ON THE AI PLATFORM. Your continued use of this Site evidences your agreement to be bound by each of the Terms of Use and constitutes a legally binding contract between you and AI. AI respects the privacy concerns of our website users and future viewers. For information concerning the collection and use of information by AI, please refer to our Privacy Policy.

 

Registration

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AI has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AI cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You hereby represent and warrant that you are an adult, 18 years old or older, and are able to legally consent to this Terms of Use or that you are either the parent (with sole or shared custody, as applicable) or the legal guardian of the minor child (the 1CMinor 1D) who is providing material and that you have the legal capacity to enter into the binding agreements on behalf of the Minor. The Minor and you, both individually, and additionally, you on behalf of the Minor and as the Minor 19s parent or legal guardian, agree to be bound by all the provisions of this Terms of Use and you guarantee all the Minor 19s obligations and duties under the Terms of Use. Individuals under the age of 13 are prohibited from accessing the Site without verified parental consent furnished to AI in accordance with the Children's Online Privacy Protection Act of 1998. SOME AREAS OF THE WEB SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.


AI 19s Intellectual Property Rights

All text, graphics, multimedia content or other material that you see or read on this website and all related code (the 1CMaterials 1D) is owned or being used with permission by AI, and may not be used except as provided in the terms and conditions listed here. You may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You may not modify, reuse, re-post, or use the Materials for public or commercial purposes, without AI 19s written permission.


Trademarks

"Artist Intersect", the "Artist Intersect logo", as well as other marks which may appear on the Site ("Marks"), are the service and trademarks of AI. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without AI's written permission, you agree not to display or use in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the written permission of AI.


Linked sites and transactions on other sites

This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because AI has no control over such sites and resources, you acknowledge and agree that AI has no responsibility for the accuracy of information provided by or availability of other sites. Links to external sites do not constitute an endorsement by AI of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. AI does not author, edit or monitor these pages or links. You further acknowledge and agree that AI is 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 these other sites or resources.


Digital Millennium Copyright Act notice

AI respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that AI directly makes available on the Site and we ask our users to do the same. AI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. However, if you believe any material on the Site, either posted by AI, our users or any other party, is infringing, please contact AI at the address below. Pursuant to the Digital Millennium Copyright Act, AI has a designated agent to receive copyright infringement claims.

You may notify AI of alleged intellectual property rights infringement by contacting our designated DMCA Agent at info@artistintersect.com

Infringement notices addressed to AI's DMCA Agent need to include the following information so that AI can locate the material and properly process the request:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


User conduct and submissions

While we are looking forward to receiving your materials for our Artist Intersect program, it is our company policy not to accept or consider creative materials, ideas, or suggestions other than those we have specifically requested. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Any communication or material you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary. AI does not claim ownership of any communication or material you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site. By uploading, posting, emailing or otherwise making available any content or other information on the Site, you grant AI a worldwide, perpetual, royalty-free, non-exclusive license to distribute, reproduce, modify, adapt, publicly perform, publicly display, sublicense, freely assign, create derivative works from and otherwise use and exploit any such content or information in any medium now known or hereinafter developed. You also agree that AI may disclose any such content or information to any third party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, enforce AI's rights, analyze or respond to third party claims or generally protect AI and its users. Furthermore, AI is free to use any ideas, concepts, know-how, or techniques contained in any communication you submit to us for any purpose at any time and without any remuneration. Any modification of this licensing policy must be in writing and signed by an authorized AI signatory.

You represent and warrant that you own or have the all the legal rights to post or upload any content or information that you post, upload or transmit to the Site.

You may not post, upload, or transmit to the Site or to the AI servers any communications, text, graphics or other information that: (1) is unlawful, obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others, hateful, or racially, ethnically or otherwise objectionable; (2) contains any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violates the privacy of individuals, including other users of the Site; or (6) violates any applicable local, state, national or international law.

If you download any third party material from this Site, including without limitation, music and video files, you agree that your use of this material is for personal, noncommercial use.

If you send emails from this Site, you agree that you will not send out unsolicited emails/spam. Any emails that are sent from this Site must have a working unsubscribe link, a valid return address and will not contain any false, misleading or deceptive information in the header, subject line or message.


Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.

IN ADDITION, AI DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL AI BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.


Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL AI, ITS PARENT, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE SERVICES AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.


Indemnity

You agree to indemnify and hold AI and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, partners, sponsors and employees of each harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another party.


Distribution limitations and territorial restrictions

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AI to any registration requirement within such jurisdiction or country. This Site is controlled and operated by AI from its offices within the State of California, U.S.A. AI makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by AI.


Choice of law and forum selection

These Terms of Use and the relationship between you and AI shall be governed by, construed and enforced in accordance with the laws of the State of California and the USA, as it is applied to agreements entered into and to be performed entirely within California and without regard to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by AI, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in the county of Los Angeles, California. You and AI agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the county of Los Angeles, California.


Severability

If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.


Waiver

Any delay or failure on the part of AI to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.


Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modification and termination

AI reserves the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information, content or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that AI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

AI may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if AI believes that you: (1) have breached these Terms of Use; (2) infringed the intellectual property right of a third party; (3) provided any information that AI is unable to verify or authenticate; (4) uploaded or transmitted unauthorized content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.

AI reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by AI. Any change or modification made by AI will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by AI. You should therefore periodically visit this page to review the most recent Terms of Use.

Revised October 19, 2010