|
| |
| User / Privacy Statements |
|
| User Agreement |
Terms and Conditions
We reserve the right, in our sole discretion, to
modify these Terms and any Service fees, at any time,
effective upon the date we post a new set of Terms on the
Service site. Your continued use of the Service (UOR)
constitutes your binding acceptance of these Terms,
including any changes or modifications that we may make. If
any part of these Terms or any future changes to these Terms
are not acceptable to you, you may cancel your Service by
contacting us through our support form. We also reserve the
right, in our sole discretion, to restrict, suspend or
terminate your access to all or to any part of the Service
at any time for any reason without prior notice or
liability. We may change, suspend or discontinue all or any
aspect of the Service at any time, including the
availability of any Service feature, database, or content,
without prior notice or liability. We reserve the right to
remove any material that you submit to the Service for any
reason without prior notice to you and without liability to
us. Our goal is to ensure timely processing services;
however, we do not guarantee that your submission will be
processed within the expected timeframe. We will not have
any liability to you as a result of service outages that are
caused by our maintenance on the servers or the technology
that underlies the Service, failures of our service
providers (including telecommunications, hosting and power
providers) computer viruses, natural disasters or other
destruction or damage of our facilities, an act of God, war,
civil disturbance or other cause beyond our reasonable
control.
Your content
By submitting material to the Service, you represent and
warrant that: We, our customers and licensees shall not be
required to make any payments with respect to material that
you submit to our sites, including, but not limited to,
payments to you, third parties, music publishers, mechanical
rights agents, performance rights societies, persons who
contributed to or appear in your materials, your licensors,
unions or guilds; You have full right and power to enter
into and perform under these Terms, and have secured all
third-party consents, licenses and permissions necessary to
enter into and perform under these Terms, The material that
you submit to our sites does not contain "samples" of any
third party's sound recording or musical composition and
will not infringe on any third party's copyright, patent,
trademark, trade secret or other proprietary rights, rights
of publicity or privacy or moral rights; The material that
you submit is not and will not violate any law, statute,
ordinance or regulation; The material that you submit is not
and will not be defamatory, trade libelous, pornographic or
obscene, and You are at least eighteen years of age. By
submitting sound recordings or musical compositions or other
audio and/or audio-visual content to us, you grant us, our
affiliates, and our business partners a worldwide,
royalty-free, nonexclusive license to:
- publicly perform, publicly
display, broadcast, encode, edit, alter, modify,
reproduce, transmit, manufacture, distribute and
synchronize with visual images your material, in whole
or in part, alone or in compilation with content
provided by third parties, through any medium now known
or hereafter devised for the purpose of demonstrating,
promoting or distributing your material, to users
seeking to download or otherwise acquire it and/or (ii)
storing the work in a remote database accessible by
users;
- Make your material accessible
as audio and/or video streams;
- Use any trademarks, service
marks or trade names incorporated into your material and
use the likeness of any individual whose performance or
image is contained in your material.
Protect your password and subscription
You agree to provide true, accurate, current and complete
information about yourself as requested in the Service's
registration process and to update your information. You may
not reveal your subscription password to anyone else and you
may not use anyone else's password. You are responsible for
maintaining the confidentiality of your subscription account
and password. Unauthorized access to the Service is a breach
of these Terms and a violation of the law.
Requests for removal of listings
If you believe that material you own has been copied and
made accessible in a manner that violates your intellectual
property rights, please us contact us immediately. We will
consider such requests individually.
Third party sites and content
This Service contains links to other Internet sites that our
business partners and other third parties own or operate.
Your use of each of those sites is subject to the terms and
conditions, if any, that each of those sites have posted. We
have no control over third party sites and we are not
responsible for any changes to or content on them. Our
inclusion of any material in the Service's search database
or a link on our sites is not an endorsement of that
material or link or the companies that own or operate the
material or linked sites.
Your conduct on the Service
In addition to our Site, certain material that you submit
may, in our sole discretion, also become available to
certain partners around the world. If we discover that you
have manipulated the data or statistics for certain
materials, we reserve the right to remove the product from
our site and any of our Affiliates. The content on the
Service is intended for your personal, noncommercial use.
All materials published on the Service, including, but not
limited to, photographs, graphics, images, illustrations,
sound clips and flash animation are protected by copyright.
You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create new works from,
distribute, perform display or in any way exploit any of the
materials or content or the service in whole or part. If the
Service contains bulletin board services, chat areas, news
groups, forums, communities and/or message or communication
facilities (collectively, the "Forums"), you agree to use
any Forum only to send and receive messages and material
that are proper and related to that particular Forum.
Without limiting the foregoing, you agree that you will not
(i) defame, abuse, harass, stalk, threaten or otherwise
violate the legal right of others; (ii) publish, post,
upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information; (iii) upload
files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation
of another person's computer; (iv) advertise or offer to
sell any goods or services for any commercial purpose; (v)
conduct or forward surveys, contests, pyramid schemes or
chain letters; (vi) download any file posted by another user
of a forum that you know or reasonably should know, cannot
be legally distributed in such matter, (vii) falsify or
delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin
or source of software or other material contained in a file
that is uploaded; or (viii) restrict or inhibit any other
user from using and enjoying the forum. We reserve the right
to terminate your access to any or all of the forums at any
time without notice for any reason whatsoever. If, in our
sole discretion, you choose a username that is obscene,
indecent, abusive or which might otherwise subject our site
to public disparagement or scorn, we reserve the right,
without prior notice to you, to automatically change your
username, delete your posts from the Forums, deny you access
to the Forums, or any combination of these options. If you
continue to choose usernames that we find objectionable, we
reserve the right to permanently terminate your access to
the Forums, the Service or both. You will not use the
Service for illegal purposes. Use of the Service is subject
to existing laws and legal process, and nothing contained
herein shall limit our right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of the Service or information provided to or
gathered by us with respect to such use.
Legal Policies and Notices
You hereby agree to indemnify, defend and hold the Service,
and all of our officers, directors, owners, agents,
information providers, affiliates and licensors
(collectively, the "Parties") harmless from and against any
and all liability, losses, costs and expenses (including
attorneys' fees) incurred by any Party in connection with
any claim arising out of (1) any use or alleged use of your
account or password by any person, whether or not authorized
by you, (2) any claim arising out of the material that you
submit to the Service, including, but not limited to, claims
for defamation, violation of rights of publicity and/or
privacy, copyright infringement, trademark infringement and
any claim or liability relating to the content, quality, or
performance of materials that you submit to the Service. We
reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you
agree to cooperate with our defense of such claim. The
listing, or absence of listing, of any document in the
Service's search database does not imply any warranty or
guarantee by us, for any companies, products, or services
described in such documents. We disclaim any and all
responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or
availability of information or material displayed in the
Service's search results. We disclaim any responsibility for
the deletion, failure to store, mis-delivery, or untimely
delivery of any information or material. We disclaim any
responsibility for any harm resulting from downloading or
accessing any information or material on the World Wide Web
or Internet using search results from the Service.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO
THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE
CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN
"AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE
DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT
OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU
EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY
OR COMPLETENESS OF ITS CONTENT. WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE
AT ANY TIME WITHOUT NOTICE.
Any controversy or claim arising out of or relating to these
Terms or our sites will be settled by binding arbitration in
accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be
conducted in Asheville, North Carolina, and judgment on the
arbitration award may be entered in any court having
jurisdiction thereof. Either you or we may seek any interim
or preliminary relief from a court of competent jurisdiction
in Asheville, North Carolina necessary to protect the rights
or property of you or the Party (or its agents, suppliers,
and subcontractors) pending the completion of arbitration.
These Terms constitute the entire agreement between you and
the Parties with respect to the Service, and supersedes all
previous written or oral agreements. If any part of these
Terms is determined to be invalid or unenforceable pursuant
to applicable law, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the
original provision and the remainder of the Terms shall
continue in effect. Some states do not allow exclusion of
implied warranties or limitation of liability for incidental
or consequential damages, so the above limitations or
exclusions may not apply to you. In such states, our
liability and that of our third party content providers and
their respective agents shall be limited to the greatest
extent permitted by law.
|
|
| Privacy |
|
Privacy Agreement
We take your privacy seriously. Because we gather
certain types of information about our users, we want to
help you understand the terms and conditions surrounding the
collection and use of that information. This privacy
statement discloses the types of information we gather, how
we use it, and how to correct or change it. These privacy
practices apply to the Web site that you were viewing when
you clicked through to this policy, which is operated
directly by us, by our partner, or by our affiliate.
1. What information does Online Network1 collect?
Our primary goal in collecting personal information is
to provide you with the best and most useful content and
services. Several of the services and features that we offer
on our sites require you to provide us with information as a
condition of usage. These include access to
subscription-only areas, the ability to post opinions or
other content, participation in sweepstakes or contests,
subscriptions to print magazines and email newsletters and
participation in message boards.
We collect personally identifiable information, such as your
name, email address, postal address, phone number, mobile
number and credit card information when you provide it to
us. From time to time, we may also collect other sensitive
information such as your job title, gender, username and
password. We may also receive information about you from
other sources and add it to the information you provided to
us.
Once you register with one of our Online Network1 sites you
are no longer anonymous to us.
2. What is Online Network1 practice regarding cookies?
Your Internet browser has a feature called cookies,
which stores small amounts of data on your computer about
your visit to any of our sites. You do not need to have
cookies turned on to visit most of our sites, although
active participation in certain areas of our sites may
require cookies. Cookies alone tell us nothing about who you
are unless you specifically give us personally identifiable
information, in which case we use the information to enhance
your services in the ways described below. By adjusting your
settings on your browser, you may elect not to allow cookies
to be collected.
We also use technologies, including electronic images known
as Web bugs sometimes called transparent GIFs, clear GIFs,
or beacons that allow us to track general user-traffic
patterns. We also automatically receive and record
information from our servers and from your browser,
including your IP address, the time of your visit to pages
on our site, and information about pages you visited. Unless
you have registered for one of our products or services, the
information we gather through the use of tracking
technologies cannot be matched with any personally
identifiable information about you.
We use cookies and tracking technologies in a variety of
ways, including:
1. Keeping count of return visits to our site or our
advertisers' or partners' sites;
2. Accumulating and reporting anonymous, aggregate (data
collected in mass), statistical information on Web-site and
advertisement usage;
3. Determining which features our overall user population
likes best;
4. Saving your password so you don't have to re-enter it
each time you visit our sites;
5. Displaying the most appropriate advertising or content
based on your interests.
We allow other companies that are presenting advertisements
on our sites and, sometimes, in our newsletters to use
tracking technology on your computer. We do not give any
personally identifiable information to them as part of this
relationship. Unless you visit the Web site of these
companies and provide them with personally identifiable
information about yourself, these tracking technologies tell
those advertisers nothing about who you are. Our
advertisers' use of tracking technology is subject to their
own privacy policies.
3. How does Online Network1 use the information?
We use the information we gather for four general
purposes:
1. To customize the advertising and the content you see;
2. To enhance the user experience in our network of sites.
We use tracking information to determine how well each page
performs overall based on aggregate user demographics and
traffic patterns to those pages. This helps us continue to
build a better service for you;
3. To fulfill your requests for certain products and
services, such as sending out electronic newsletters and
enabling you to participate in paid services, polls,
contests, and message boards;
4. To send you information you agreed to receive about
topics we think will be of interest to you.
Personally identifiable information
We will make your personally identifiable information
available to other companies or people when:
1. You have elected to allow us to share that information at
the time that you registered with us or provided us the
information, or through a subsequent affirmative election
through our website.
2. You volunteer information or create a public profile in
the course of your participation in our community features
such as forums, user opinions and reviews, chat rooms, photo
sharing or other forms of public communication and
interaction.
3. You use cobranded services (i.e., sites or services that
we offer to you in connection with a partner, who is
identified on the site). When you use a cobranded service
within our network of sites, you grant us permission to pass
your registration information back to that service partner.
Their use of your information is subject to their applicable
privacy policies.
4. We hire third-party vendors to provide specialized
services such as customer support; email message deployment;
suppression, merge and de-duplication services; data
processing; and special products or services that you have
requested. These companies are only allowed to use the
information in order to help us fulfill our services to you.
We do not provide your information to these companies for
their own, permanent use.
5. You unsubscribe for a mailing that we send to you on
behalf of a third party. We may share your removal
instruction with the third party so that it may be added to
that person�s list of people to whom they may not send
emails.
6. You are the winner of a contest or a sweepstakes that is
co-sponsored with a third party and that third party needs
your information in order to manage the prize fulfillment
process.
7. When required by law, such as when we respond to
subpoenas, court orders, or legal process.
8. We believe that your actions violate applicable laws, New
Artist Radio�s Terms of Use, or any usage guidelines for
specific products or services, or threaten the rights,
property, or safety of our company, our users, or others.
Aggregate information
We aggregate personally identifiable information and
disclose such information in a non-personally identifiable
manner to advertisers and other third parties for marketing,
promotional, and other purposes. We do not disclose to these
entities any information that could be used to identify you
personally.
Business transfers
We are always seeking to improve our network of Web
sites and our business. In accomplishing these objectives,
we may buy or sell a company, or one or more of the
companies in our corporate family may merge with or be
acquired by another company. If we sell a business, we may
transfer some or all of your information as a part of the
sale in order that the service being provided to you may
continue or for other business purposes.
What are my options?
Users who would rather not provide any of the user data
requested by our registration process do not need to
register with us. You can still view much of the content and
use many of the services offered by our sites without
registering.
We also give users the following options:
1. Opting not to receive our electronic newsletters or those
of third parties when registering. Users who opt in may
remove themselves from mailing lists at any time through the
subscription-management pages or by following the
instructions at the end of the e-mail they received from us;
2. Opting not to provide certain personal information when
registering for a site, provided, however, that you may not
be able to use some of our products or services without
providing us with certain information.
Privacy of children
None of the sites within our network is directed to
children under the age of 13. We operate our network of
sites in compliance with the Children's Online Privacy
Protection Act and do not permit registration by, and will
not knowingly collect or use personally identifiable
information from, anyone under 13 years of age. This
requirement is clearly posted during the registration
process.
|
|
| |
|