TERMS OF SERVICE
Please read these Terms of Service and our Privacy Policy carefully
before using Artist Connect Services.
By using our Services, whether as a guest, as a registered user, or
otherwise, you agree that these Terms of Service will govern your
relationship with Artist Connect. If you do not completely agree to
these Terms of Service then you must not use any of our Services.
1. Definitions
“Account” means, any account provided by Artist Connect that you create to access
certain Services.
“Dispute” means, any controversy related to this agreement, including
without limitation claims arising out of or relating to any aspect of
the relationship between you and Artist Connect, claims that arose
before this agreement, and claims that may arise after the termination
of this agreement; however, this does not include claims related to or
arising from the enforcement or protection of Intellectual Property
Rights, and is subject to any applicable statutory consumer rights laws
in your local jurisdiction.
“Artist Connect” means, Artist Connect, Inc., a corporation formed under the laws
of the state of Delaware, located at 57 West 57th Street, 4th Floor, New
York, New York, 10019. References to “Us,” “We,”
or “Our” means Artist Connect, including any and all
subsidiaries parent companies, joint ventures, and other corporate
entities under common ownership and/or any of their agents, consultants,
employees, officers, and directors. Artist Connect does not include Artist Connect Affiliates or third
parties (analytics or ad tech companies, or similar
organizations).
“Artist Connect Affiliate” (or “Artist Connect
Affiliates”) means Artist Connect‘s third-party content providers,
distributors, licensees, or licensors.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether
now known or unknown, in and to patents, trade secret rights,
copyrights, trademarks, service marks, trade dress and similar rights of
any type under the laws of any governmental authority, including,
without limitation, all applications and registrations relating to the
foregoing.
“Notice” means, a delivered writing by e-mail, courier, or by Federal
Express delivery to the other party at their respective address, and
will be effective upon receipt.
“Privacy Policy” means, Artist Connect ‘s policy regarding privacy, which
also governs your use of the Services and is incorporated herein by
reference. The current version is available on our website.
“Service” (or “Services”) means, any website, device, platform, content, and other related
products and services provided by Artist Connect and Artist Connect
Affiliates, including without limitation any titles, computer code,
themes, objects, concepts, artwork, animations, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights,
documentation, and Artist Connect application clients and server
software.
“Terms of Service” (or “Terms”) means, the terms and conditions in this agreement.
“User Content” means, any and all data that you upload, transmit, or create
through the Services, including without limitation, user posts, Account
personas, profile information, sound, images, videos, precise and
imprecise location data, EXIF data, timestamps, metadata, and any other
content contributed by users to the Services.
2. Ownership and Limited
License
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Ownership. The Services are owned or licensed by Artist Connect, and are
protected by Intellectual Property Rights and other proprietary rights
laws. Artist Connect reserves all right, title, and interest in and to
the Services, including without limitation all Intellectual Property
Rights and other proprietary rights, that are not explicitly granted
to you in these Terms. Your permitted use of the Services is limited
by the Intellectual Property Rights of Artist Connect.
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License. Subject to your agreement and continuing compliance with these
Terms of Service and any other relevant Artist Connect policies,
Artist Connect grants you a non-commercial, non-exclusive,
non-transferable, revocable, limited license, subject to the
limitations in these Terms, to access and use the Services for your
own networking, hiring, and contracting services. You agree that you
will not use the Services for any other purpose.
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License Limitations. Any use of the Services in violation of the law, these Terms of
Service, or these License Limitations is strictly prohibited, and may
result in the immediate revocation of your limited license at Artist
Connect’s sole judgment, or may subject you to liability for
violations of law.
You acknowledge you will not directly or indirectly:
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Partake in any activity or action that Artist Connect deems to be
against the spirit or intent of the Services;
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Copy, modify, edit, create derivative works of, publicly display,
publicly perform, republish, transmit, or distribute any material
obtained through the Services;
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Lease, sell, rent, or otherwise exploit for commercial purposes any
part of the Services, including without limitation access to or use of
the Services, except as expressly permitted and enumerated in and by
the Services and/or by Artist Connect;
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Delete, alter, or obscure any Intellectual Property Rights or other
proprietary rights notices from copies of materials from the
Services;
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Attempt to harass, threaten, bully, embarrass, abuse, or harm, or
advocate or incite harassment, abuse, or harm of another person,
group, Artist Connect itself or Artist Connect Affiliates;
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Organize or participate in any activity or group that is hateful,
harmful, or offensive towards a race, sexual orientation or
preferences, religion, heritage or nationality, disability or other
health class, gender, age, or similar classes determined by Artist
Connect;
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Initiate, assist, or become involved in any form of attack or
disruption to the Services, including without limitation distribution
of a virus, worm, spyware, time bombs, corrupted data, denial of
service attacks upon the Services, or other attempts to disrupt the
Services or other person's use or enjoyment of the Services;
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Use robots, spiders, crawlers, man-in-the-middle software, or any
other automated process to access, use, reverse engineer, or
manipulate the Services, Accounts or Artist Connect;
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Use of access services to obtain, generate, or infer any business
information about Artist Connect or Artist Connect Affiliates,
including without limitation information about sales or revenue,
staff, technical stack, or statistics about users other than such
statistics displayed as part of the normal functionality of the
Services;
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Promote, encourage, or participate in any activity involving hacking,
phishing, distribution of counterfeit Services, or taking advantage of
or creating exploits, bugs, errors, or undocumented features, except
for the sole purpose of privately and directly notifying Artist
Connect;
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Make available through the Services any material or information that
infringes any Intellectual Property Right, right of privacy, right of
publicity, or other right of any person or entity or impersonates any
other person, including without limitation celebrities and Artist
Connect employees;
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Attempt to gain unauthorized access to Services or Accounts not
belonging to you;
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Use the Services where it is prohibited by law.
- Accounts
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Each Account may only be used by one person. You must take all
necessary steps to protect the secrecy of your log in information.
Your Account may be terminated if someone else uses it. You must
immediately notify Artist Connect of any unauthorized use of your
Account or any other such breach of security. Artist Connect shall not
be responsible to you for any loss or harm that results from an
unauthorized person accessing your Account.
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Artist Connect may permanently delete Accounts that are deemed
inactive. Accounts shall be deemed inactive when they have not been
used for One Hundred and Eighty (180) days.
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You acknowledge that if your Account is deleted then you may lose
access to any information associated with that Account. If you wish to
delete your Account, please alert Artist Connect by sending Notice to
the following contact: info@artistconnectapp.com.
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No matter what else is said in these Terms or anywhere else within
the Services, you expressly acknowledge that you have no right, title,
or interest to or in any Account you create through our Services, and
your Account is not your property. Your Account is owned by Artist
Connect and is licensed to you on a limited basis under the same rules
as 2(a) and 2(c).
3. User Content
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To the maximum extent permissible by law, Artist Connect assumes no
responsibility or liability for the conduct of any user submitting any
User Content, and assumes no responsibility or liability for
pre-screening or monitoring the Services for inappropriate or illegal
content or conduct. We are unable to pre-screen or monitor all User
Content and we will not do so. Your use of the Services is at
your own risk, and you are solely responsible for any User Content
that you post.
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When you transmit or upload User Content, you agree to abide by the
following rules:
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All content will be accurate, complete, and free from fraud and
deception;
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All content will be free of any Intellectual Property Rights
infringement;
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All content will be free from obscenity, threats, defamation,
invasion of privacy, and other injuries to third parties;
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All content will be in compliance with these Terms of Service;
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All content will not be in violation of any law, contractual
restrictions, or other parties' rights;
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All content will be free of viruses, adware, spyware, worms, or other
malicious code;
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All content will be free of spam, commercial solicitation other than
that which is expressly permitted by Artist Connect by use of the
Services, chain letters, and mass mailings.
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All User Content that you post will be considered non-confidential.
Artist Connect will only share personal information that you provide
in accordance with the Privacy Policy. Artist Connect is not
responsible for any other user or third party’s use or
appropriation of any User Content that you have submitted through the
Services.
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You hereby grant Artist Connect a non-exclusive, revocable,
perpetual, transferable, fully paid-up, royalty-free, worldwide
license (including the right to sublicense and assign to third party)
and right to use, copy, reproduce, quote, re-post, fix, print,
archive, store, modify, adapt, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license,
sublicense, syndicate, transfer, translate, lease, transmit, publicly
display, publicly perform, or provide access to electronically,
broadcast, communicate to the public by telecommunication, perform,
enter into computer memory, and practice, in any way, your User
Content, or any portion thereof, in any manner or form in any medium
or format, whether now known or hereafter devised, as well as all
modified and derivative works thereof in connection with our provision
of the Services, including marketing and promotions of the Services,
and without Notice, payment, or attribution of any kind to you or any
third party. Accordingly, you grant to Artist Connect and Artist
Connect Affiliates all licenses, consents, and clearances necessary to
enable Artist Connect to use User Content for such purposes. You also
hereby grant to Artist Connect the right to authorize others to
exercise any of the rights granted to Artist Connect under this
Section. You further hereby grant to Artist Connect the unconditional,
irrevocable right to use and exploit your name, likeness and any other
information or material included in any User Content and in connection
with any User Content, without any obligation to you. Except as
prohibited by law, you waive any rights of attribution and/or any
moral rights you may have in your User Content, regardless of whether
your User Content is altered or changed in any manner. Artist Connect
does not claim any ownership rights in your User Content and nothing
in these Terms of Service is intended to restrict any rights that you
may have to use and exploit your User Content. You agree that you can
only revoke this license by sending Notice to the contact listed in
Section 9(b) below.
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In compliance with the Digital Millennium Copyright Act, and other
similar or equivalent applicable laws, if Artist Connect is notified
that you have infringed the copyrights or other Intellectual Property
Rights of others then your access to the Services may be terminated
without prior Notice to you. If you believe that your content has been
infringed in the Services, please notify us by emailing the following
address: info@artistconnectapp.com. Note that if you knowingly misrepresent copyright infringement, you
may be liable for damages, including costs and attorneys’ fees.
Notices submitted to Artist Connect under this provision should
include:
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A description of the Intellectual Property Rights claimed to have
been infringed;
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A description of the material claimed to be infringing;
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Your name, mailing address, phone number, and email address;
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A statement by you that: (1) you have a good faith belief that
Intellectual Property Rights infringement has occurred here; and (2)
the information in this notification is accurate, and, under penalty
of perjury, you are authorized to act on behalf of the owner of the
Intellectual Property Rights that are allegedly infringed; and
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A physical or electronic signature of a person authorized to act on
behalf of the owner of the Intellectual Property Rights that are
allegedly infringed.
4. Term
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Unless modified or amended by Artist Connect, this agreement and its
provisions shall remain in effect. Termination of any license granted
by Artist Connect under this agreement does not affect any other
provisions of this agreement.
5. Account Access and
Permissible Assignment
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By using the Services, you warrant and represent that you are at
least 18 years of age and otherwise legally competent to read,
understand and accept the provisions of this agreement. If you are
under 18 years of age, you must not use any part of the Services,
create an Account, or submit any personal information to Artist
Connect through the Services.
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If you have been previously banned from using any Artist Connect
Services then you may not use our Services.
6. Service Availability
and Termination
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You acknowledge that:
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Artist Connect may in its sole and absolute discretion provide
subsequent amendments, versions, enhancements, modifications, upgrades
or patches related to any part of the Services;
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Artist Connect has absolute and sole discretion to immediately
terminate or restrict access to the Services, or any portion of the
Services, including any and all Accounts, at any time, for any reason,
without Notice and without liability to you;
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Access to the Services may be interrupted for reasons within or
beyond the control of Artist Connect, and that Artist Connect cannot
and does not guarantee you will be able to use the Services whenever
you wish to do so;
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Artist Connect may not offer the Services in all countries or
geographic locations;
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You are solely responsible for any internet connection and mobile
fees that you may incur as a result of using our Services.
7. Warranty and
Liability
YOU ACKNOWLEDGE THAT ARTIST CONNECT AND ARTIST CONNECT AFFILIATES ARE
NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY
WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE;
OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE
SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY ARTIST CONNECT TO YOU ON AN “AS
IS” AND “AS AVAILABLE” BASIS. ARTIST CONNECT MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY
CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR
LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH
YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, ARTIST CONNECT DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTIST CONNECT
DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS
OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE
SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER
ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION,
ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING
NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE
LIABILITY OF ARTIST CONNECT AND/OR ARTIST CONNECT AFFILIATES ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL
AMOUNTS YOU HAVE PAID (IF ANY) TO ARTIST CONNECT AND/OR ARTIST CONNECT
AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID ARTIST CONNECT OR ANY ARTIST CONNECT AFFILIATE ANY
AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ARTIST CONNECT AND/OR ANY
ARTIST CONNECT AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR
ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS
SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN
DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST
SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES
GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR
JURISDICTIONS, ARTIST CONNECT AND ARTIST CONNECT AFFILIATES SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT
TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL
JURISDICTION.
You acknowledge and agree that Apple Inc., and Apple Inc.’s
subsidiaries, are third party beneficiaries of the Terms, and that, upon
your acceptance of the Terms, Apple will have the right, and has
accepted the right, to enforce the Terms against you as a third party
beneficiary thereof.
8. Indemnity
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You agree to defend, indemnify and hold harmless Artist Connect,
Artist Connect Affiliates, and any third-parties under agreement with
Artist Connect, and any employee, contractor, vendor, agent, supplier,
licensee, customer, distributor, shareholder, director or officer of
any of the foregoing, as well as any person using the Services and any
person or entity that becomes aware of your use of the Services at any
time, with respect to any and all claims, liabilities, judgments,
awards, injuries, damages, losses, costs, fees, or expenses (including
but not limited to attorney’s fees and costs) that arise under,
from or in any way, directly or indirectly, relate to:
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Your failure to comply with any provision of these Terms of
Service;
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Your use of the Services, including but not limited to economic,
physical, emotional, psychological or privacy related considerations;
and
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Your actions to knowingly affect the Services via any bloatware,
malware, computer virus, worm, Trojan horse, spyware, adware,
crimeware, scareware, rootkit or any other program installed in a way
that executable code of any program is scheduled to utilize or
utilizes processor cycles during periods of time when such program is
not directly or indirectly being used.
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Artist Connect and Artist Connect Affiliates reserve the right, but
not the obligation, at their own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you.
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You acknowledge, and further agree that Artist Connect has no
obligation to defend, indemnify or hold harmless you in any way
related to this agreement, including but not limited to your use of
the Services, use of the Services by any person, or any connection
between the foregoing and any other person or entity that becomes
aware of your use of the Services at any time.
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This Section shall survive the termination of this agreement.
9. Dispute
Resolution
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Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate
the resolution of any Dispute informally for at least thirty (30) days
before initiating any arbitration or other proceeding, including any
legal proceeding in court or before an administrative agency. Such
informal negotiations commence upon Artist Connect’s receipt of
Notice from you.
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Contact Information. Artist Connect can be reached at the following address:
Artist Connect, Inc.
57 West 57th Street
4th Floor
New York, New York 10019
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Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute
informally within a total of thirty (30) days, or if Artist Connect,
in its sole and absolute discretion, determines that it will not be
possible to satisfactorily resolve that Dispute informally within a
total of thirty (30) days, you agree that either you or Artist Connect
may request resolution by final and fully binding arbitration
conducted under the Commercial Arbitration Rules of the American
Arbitration Association. The party requesting that a Dispute be
resolved by arbitration under this Section shall be responsible for
initiating such a proceeding.
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The American Arbitration Association (“AAA”) will run the
arbitration between you and Artist Connect, and AAA’s rules and
procedures (including their Supplementary Procedures for
Consumer-Related Disputes, if applicable) will be used. If something
in these Terms is different than AAA’s rules and procedures,
then we will follow these Terms instead. You can look at AAA’s
rules and procedures on their website www.adr.org or you can call them
at 1-800-778-7879.
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YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT
WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND
ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING
ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT,
TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH
RESPECT TO ANY SUCH DISPUTE. You and Artist Connect both agree that
neither shall attempt to have any other arbitration or class action
related to any other party joined to any arbitration in which you are
involved with Artist Connect. To the fullest extent permitted by law,
no arbitration proceeding shall be decided on a class-action basis or
utilizing class action procedures. You and Artist Connect further
agree that each may bring claims against the other only in an
individual capacity, and not as a plaintiff or a class member in any
purported class or representative proceeding.
10. Miscellaneous
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Changes. It is your responsibility to read, understand, and accept this
agreement in connection with your use of the Services. You acknowledge
that Artist Connect may make changes to these Terms of Service at any
time, and that Section headings in this agreement are for purposes of
convenience only. Unless Artist Connect states otherwise, any changes
to these Terms are effective when posted. If you continue to use the
Services after any changes are posted then you agree that those
changes will apply to your continued use of the Services. You should
check this page regularly to stay informed about any changes.
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Complete agreement. This agreement: (1) is the final and complete agreement and
understanding of the parties concerning the subject matter hereof, and
supersedes and replaces any and all prior and contemporaneous
agreements and understandings with respect thereto; (2) may not be
changed, amended, or in any manner modified by you except as
authorized in a writing signed by both parties’ authorized
agents; (3) is not assignable, except to a successor in interest to
substantially all of a party’s business or assets and any other
attempt to assign or transfer this agreement or any interest herein is
void; and (4) shall be binding upon, and inure to the benefit of, the
parties hereto, their respective heirs, executors, administrators,
successors, personal representatives, licensees, and assigns.
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Force Majeure. No party shall be responsible for delays or failure of
performance resulting from acts beyond the reasonable control of such
party, including, war, terrorism, acts of public enemies, strikes or
other labor disturbances, power failures, fires, floods, earthquakes,
acts of God, and other natural disasters.
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Waiver. No act or failure to act by Artist Connect will be deemed a
waiver of any right contained in this agreement, and any waiver by
Artist Connect must be in writing and signed by an officer of Artist
Connect. If Artist Connect does expressly waive any provision of this
agreement, such waiver shall not be a waiver of any other provisions
of this agreement, and the waived provision shall not be waived for
all time in the future.
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Severability. If any provision or sub-provision of this agreement is found to
be invalid or unenforceable, the remainder shall be enforced as fully
as possible and the unenforceable provision or sub-provision shall be
deemed modified to the limited extent required to permit its
enforcement in a manner most closely representing the intention of the
parties as expressed herein.
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Remedies. You acknowledge and agree that any violation or threatened
violation of this agreement will cause irreparable injury to Artist
Connect, entitling Artist Connect to seek injunctive relief without
the necessity of proving actual damages, in addition to all other
remedies at law or in equity. You specifically acknowledge that
money damages alone would be an inadequate remedy for the injuries and
damages that would be suffered and incurred by Artist Connect as a
result of a breach of any of the provisions of this agreement.
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Governing Law and Venue. Any dispute or claim arising out of or related to this
agreement shall be governed by and construed in accordance with the
laws of the State of Delaware without reference to any choice or
conflict of laws principles. Unless subject to arbitration under
Section 9, the Courts in the State of Delaware shall have exclusive
jurisdiction over any legal suit, action, or proceeding arising out
of, or relating to, disputes or claims that might arise under this
agreement. Accordingly, the parties consent to the personal
jurisdiction of the Courts in the State of Delaware, and hereby waive
any and all jurisdictional or venue defenses otherwise available to
them.
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Language. To the fullest extent permitted by law, the controlling
language for these Terms of Service is English.