JukeboxAlive is a music-oriented networking service that allows Members to create online profiles so in order to facilitate the distribution of music, increase the exposure of signed and unsigned artists and give the fans a central location for discovering new music. The Services offered by JukeboxAlive ("JukeboxAlive" or "we") include the JukeboxAlive Website (the "Website"), the JukeboxAlive media player, and any other features, content, or applications offered by JukeboxAlive in connection with the Website (referred to collectively as, the "Services").
This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the our site and any associated services, including but not limited to MyNewsletterBuilder and AudioCal. By using our Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with JukeboxAlive). The term "User" refers to either/both a Visitor or a Member. You are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save a copy of it for your records. If you do not agree with the rems herein, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Registration process.
JukeboxAlive may modify this Agreement from time to time and such modifications will be considered effective once posted by JukeboxAlive to this page. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Your JukeboxAlive profile may not include the following: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other JukeboxAlive Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and JukeboxAlive assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact JukeboxAlive or click on the "Report Abuse" link at the bottom of any JukeboxAlive page.
Furthermore, JukeboxAlive reserves the right, at our sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. If you are a paying Member, such termination will terminate any scheduled payments and you will be reimbursed for any outstanding balance on your account.
1. Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the your [--------------------------] page. JukeboxAlive may terminate your Membership at any time, without warning.
3. Fees. You acknowledge that JukeboxAlive reserves the right to charge for the Services and to change its fees at our discretion.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify JukeboxAlive immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by JukeboxAlive. Illegal and/or unauthorized use of the Services is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
6. Proprietary Rights in Content on JukeboxAlive.
1. You represent and warrant that: (i) 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 (ii) 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.
2. The JBA Network sites contain Content of JukeboxAlive ("JukeboxAlive Content"). JukeboxAlive Content is protected by copyright, trademark, patent, trade secret and other laws, and JukeboxAlive owns and retains all rights in the JukeboxAlive Content and the Services. JukeboxAlive hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JukeboxAlive Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
7. Posted Content.
1. JukeboxAlive may delete any Content that in the sole judgment of JukeboxAlive violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. JukeboxAlive assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time JukeboxAlive chooses, at our sole discretion, to monitor the Services, JukeboxAlive nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. JukeboxAlive does not endorse and has no control over the Content. Content is not necessarily reviewed by JukeboxAlive prior to posting and does not necessarily reflect the opinions or policies of JukeboxAlive. JukeboxAlive makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Prohibited Content/Activity. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. JukeboxAlive reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of JukeboxAlive:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter;
5. solicits personal information from anyone under 18;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or links to pirated music files;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. includes a photograph of another person that you have posted without that person's consent; or
13. for artist and industry profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. JukeboxAlive reserves the right to investigate and take appropriate legal action against anyone who, in JukeboxAlive's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
15. covering or obscuring the banner advertisements on your personal profile page, or any JukeboxAlive page via HTML/CSS or any other means;
16. any automated use of the system, such as using scripts to add friends;
17. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
18. attempting to impersonate another Member or person;
19. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
20. selling or otherwise transferring your profile;
21. using any information obtained from the Services in order to harass, abuse, or harm another person; or using the Services in a manner inconsistent with any and all applicable laws and regulations.
22. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of JukeboxAlive to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to JukeboxAlive by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 copyright owner's behalf. JukeboxAlive's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, JukeboxAlive 311 Montford Ave. Asheville, NC 28801; telephone: (828) 232-0016; facsimile: (828) 232-XXXX Attn: Copyright Agent; and email: copyrightagent@JukeboxAlive.
23. Member Disputes. You are solely responsible for your interactions with other JukeboxAlive Members. JukeboxAlive reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Disclaimers. JukeboxAlive is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on JukeboxAlive may contain links to other websites. JukeboxAlive is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by JukeboxAlive. Inclusion of any linked website on JukeboxAlive does not imply approval or endorsement of the linked website by JukeboxAlive. When you access these third-party sites, you do so at your own risk. JukeboxAlive takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. JukeboxAlive is not responsible for the conduct, whether online or offline, of any User of the Services. JukeboxAlive assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. JukeboxAlive is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall JukeboxAlive be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a JukeboxAlive event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and JukeboxAlive expressly disclaims any warranty regarding service availability and makes no warranties regarding .
11. Limitation on Liability. IN NO EVENT SHALL JUKEBOXALIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF JUKEBOXALIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JUKEBOXALIVE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JUKEBOXALIVE FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
12. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of North Carolina. Either JukeboxAlive or you may demand that any dispute between JukeboxAlive and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the offices of the American Arbitration Association in Charlotte, North Carolina.
13. Indemnity. You agree to indemnify and hold JukeboxAlive, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes JukeboxAlive to be liable to another.
14. Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and JukeboxAlive regarding the use of the Services. The failure of JukeboxAlive to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. JukeboxAlive is a trademark of JukeboxAlive, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.