Terms

By accessing and using this ArtistOfTheBay.org web site (the "site"), you are agreeing to be legally bound by these terms of use. ArtistOfTheBay.org is an online service for artists, industry and fans to meet, gain support, share their talents and gain worldwide exposure.

1. Modification of Terms of Use: By using the Site, you are representing that you are at least 13 years old (or the minimum legal age in the jurisdiction in which you are viewing the Site). We may modify these Terms of Use at any time. Modifications will be posted in these Terms of Use, and your use of the Site after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes therein. You should read these Terms of Use each time you access, and prior to using, the Site.

2. Use of Site: Content on the Site may be displayed and printed solely for your personal, non-commercial use. You may not reproduce, copy, sell, resell or otherwise make use of this Site, or any portion of this Site, without the express prior written consent of ArtistOfTheBay.org. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We reserve the right to refuse service, terminate accounts, and/or cancel orders by our sole discretion. You are responsible for maintaining the confidentiality of your password(s)-(If passwords becomes needed). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at [email protected].

You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site-(As of now everyone must contact us at our AOL address, with the necessary information and product).

3. Registration: In order to use the membership features you will be required to register and create an account using the ArtistOfTheBay online Registration Form. All registration information provided by you must be accurate and remain current. If any of your registration information changes, you can update it from your “My Home” page by selecting the “My Account Settings” link. AS of Now No Registration or Membership Features are establish. We will advise with NOTICE.

4. Basic Membership is Free: There is no charge for “Basic” membership.

5. Online Conduct: The following rules govern conduct on ArtistOfTheBay.org:

Personal Use Only: Content on the Site may be displayed and printed solely for your personal, non-commercial use (except as otherwise specified). You may not reproduce, copy, sell, resell or otherwise make use of this Site, or any portion of this Site, without the express prior written consent of ArtistOfTheBay.org. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

You agree to:

Follow all local, state, national and international laws and regulations.

Maintain the confidentiality of your password and login identity.Use the Site in a manner consistent with applicable laws and regulations.

Promptly inform ArtistOfTheBay.org about any changes to your membership registration information.

Comply with all intellectual property and other proprietary rights laws, including but not limited to federal and international copyright and trademark laws.

You agree not to:

Post your e-mail address, web address, ICQ or other personal contact information (except as specifically authorized).

Submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another party's rights.

Target ArtistOfTheBay.org or any other user with the intent to cause harm, distress, embarrassment or other discomfort.

Use a false e-mail address, impersonate any person or entity, utilize more than one screen name, or otherwise mislead as to the origin of content.

Use the ArtistOfTheBay.org web site for your own advertising or for selling goods or services or for other commercial purposes (except as specifically authorized on the site --- for example, a Band will have the right to promote their CD and to contact their fans as a component of their portfolio and/or by driving web traffic to their own personal web site. However a band cannot list a competitor site (i.e. MP3.com, tonos.com etc in an attempt to drive traffic from ArtistOfTheBay.org).

Solicit our members or send any other communication to our members (except as specifically authorized). This includes but is not limited to Industry and/or talent members who solicit ArtistOfTheBay.org members to join another competing and/or similar site/community as ArtistOfTheBay.org.

Send unsolicited email.

Involve or attempt to associate ArtistOfTheBay.org in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation.

Harass, abuse, or threaten other members or representatives or employees of ArtistOfTheBay.org, including (but not limited to) Member service representatives, or otherwise abuse ArtistOfTheBay's Member support efforts.

Republish information found in or on the site without first obtaining written permission from ArtistOfTheBay.org.

6. Abusive Conduct:

Reporting Abusive Conduct:

Please contact us at [email protected] in the event you need to report abusive conduct. Although we have no obligation to police the site, we do try to remove content that is clearly inappropriate when it is brought to our attention.

Consequences for Abusive Conduct:

If you violate these Terms of Use, ArtistOfTheBay.org may, with or without prior warning, terminate your account without refund. In the event of a serious violation (as solely determined by ArtistOfTheBay.org) ArtistOfTheBay.org may also file suit against you for business interference or other appropriate legal actions and we will seek compensation from you for potential damage to our reputation caused by your actions. ArtistOfTheBay.org has the right to cooperate with authorities regarding any suspected violation of these Terms of Use. All information contained within your Portfolio may and could be used in any action brought on by your suspected violation(s).

7. Content Issues:

Content Review and Monitoring:
ArtistOfTheBay.org has the right but not the obligation to screen or edit information that is posted or shared by our members and to remove any objectionable information, at our discretion, without notice. ArtistOfTheBay.org staff members may examine the content you post, or messages you send, for a variety of reasons including (but not limited to): responding to your requests for Member service; responding to Member complaints about the conduct of other users; looking for or investigating indications that content does not comply with the terms of this agreement or applicable Terms of Service; researching ArtistOfTheBay.org Member needs and interests; training ArtistOfTheBay.org staff; other business purposes such as reporting to banks, insurers, accountants, attorneys, investors, marketing partners, services partners, etc.; and any other reason that may potentially benefit ArtistOfTheBay.org or its Members.

Content Disclosure: ArtistOfTheBay.org has the right to disclose any information provided by its users in response to a court order, law, regulation, investigation or other government demand or requirement.

Offensive Content: It is possible that other users or members may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. By using the Site, you assume the risk of such occurrences.

8. Commerce on our Web Site:

You may have opportunities to order and purchase merchandise or services through the Site. All transactions relating to merchandise or services offered by any party other than ArtistOfTheBay.org are solely between the seller and you, and you acknowledge that ArtistOfTheBay.org and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.

9. Links:

The Site may contain links to other web sites or resources. ArtistOfTheBay.org is not responsible for the content or operation of such other web sites or resources, and shall have no liability in connection with them.

10. Intellectual Property Rights:

ArtistOfTheBay Intellectual Property:
The content displayed on the Site, including without limitation text, graphics, logos, images, artwork, audio clips, digital downloads, data compilations, trademarks, service marks and software, is the exclusive property of ArtistOfTheBay.org or its content providers (including Members) and is protected by copyright, intellectual property and/or trademark laws.

Materials Posted or Uploaded to Site:

Any sound recordings, musical and/or vocal works, pictures, videos, song lyrics, text, resumes, bios, manuscripts and/or other materials (collectively the "Material") submitted by you shall be available for ArtistOfTheBay.org to use on a non-exclusive basis anywhere and everywhere throughout the universe without any payment to you. You agree to authorize and/or license ArtistOfTheBay.org to reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Material in whole or in part, alone or together with other material. ArtistOfTheBay’s full permission to use the materials/content you post on a non-exclusive basis in any way we see fit (such as a part of a Site advertising campaign or marketing promotion). You retain full ownership of your materials/content. The intent of the “non-exclusive basis anywhere and everywhere throughout the universe without any payment to you” is to be sure ArtistOfTheBay.org is in a position to promote and leverage your work to gain you as much support as possible.

License Grant:

If you post or submit material, (unless we indicate otherwise), you grant ArtistOfTheBay.org and its affiliates a royalty-free, non-exclusive, worldwide, non-terminable, perpetual right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet based protocols, distribute in any media through any electronic, wireless or broadband means, now known or hereafter devised, electronically publish and synchronize with visual images, electrically transcript, your content and Materials. This license applies to any and all content of any sort submitted or in any way posted under the terms in effect at the time of the submission.

Rights to Post Content:

You hereby warrant that you are of legal age to enter into contracts and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein.

Original Submissions:

You further guarantee to ArtistOfTheBay.org that the video, text, compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies.

Legal Materials:

You acknowledge that ArtistOfTheBay.org is a community site and you guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene.

Non-Harmful Submissions:

You guarantee to ArtistOfTheBay.org that the Material will not contain any "viruses" or other information which may damage or otherwise interfere with ArtistOfTheBay.org computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to ArtistOfTheBay.org under this paragraph and you shall indemnify us and our customers from any damages and costs, including reasonable attorney’s fees, arising from your breach. You shall sign and deliver to ArtistOfTheBay.org any additional documents that ArtistOfTheBay.org may request to confirm ArtistOfTheBay’s rights under this agreement.
Rights to Use for Promotional Purposes:
ArtistOfTheBay.org shall also have the right to use the Material for the purpose of promoting ArtistOfTheBay.org products and services and to use the name, likeness and biographical material and any logos, marks or trade names of you or any individuals performing or otherwise represented in the Material or the artist or artists included or referred to in the Material without any payment to you or any other persons or companies. For the purposes of promotion via any potential webcasting partners, ArtistOfTheBay.org shall have the right to waive, on your behalf, any performance royalties on the Material.

11. Copyright Issues:

ArtistOfTheBay respects the intellectual property of others and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the ArtistOfTheBay.org URL (i.e., web page address) where it is posted or the name of the book in which it has been published.

Identification of the URL or other specific location on the Site where the material you claim is infringing is located, including enough information to allow us to locate the material. Your name, address, telephone number and electronic mail 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 owner or authorized to act on the author's behalf. ArtistOfTheBay’s Copyright Agent may be reached as follows:
ArtistOfTheBay.org Copyright Agent, P.O. Box 360265, Brooklyn N.Y., 11236-0265

12. Indemnity:

You agree to defend, indemnify and hold harmless ArtistOfTheBay.org, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Site.

13. Representations & Warranties:

Disclaimer of Warranties:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. OUR WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM OUR SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. ArtistOfTheBay.org AND ITS CONTENT PROVIDERS ARE NOT GIVING LEGAL OR OTHER PROFESSIONAL ADVICE.

Limitation on Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ArtistOfTheBay.org, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, including but not limited to reliance on information obtained on the Site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ArtistOfTheBay.org records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT ArtistOfTheBay.org IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ArtistOfTheBay.og OR ITS SUBSIDIARIES AND AFFILIATES.

14. Exclusions and Limitations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

15. Warning against Hackers:

It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Site, you assume the risk of such occurrences.

16. Additional Terms:

This Site contains other terms and conditions, which you agree to observe and follow.

17. Miscellaneous Terms:

By accessing the Site, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ArtistOfTheBay.org or its affiliates. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

ArtistOfTheBay.org Terms of Use Last Updated: September , 2020

Please direct questions regarding this Terms of Use Agreement to: [email protected]