ACCEPTANCE OF TERMS OF
Welcome to earstage.com. The provision of our service to you is
subject to the following Terms of Service ("TOS") which may be updated by us
from time to time without notice to you. A current version of our TOS, which
you may review at any time, is available at:
In addition, when using our various services, you may be subject to
additional guidelines or rules applicable to such services, as same may also
be posted from time to time. All of those guidelines or rules are hereby
incorporated by reference into these TOS.
Through our earstage.com website, we provide users with access to a
rich collection of music resources and other related matters involving
community and web-based social networking. You also understand and agree
that the Service may include advertisements and that these advertisements
are necessary for us to continue to provide the Service. Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release by us of any new properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS"
and that we assume no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to access the
Initially in using the Service you are not obligated to formally register
with us. However, when you do formally register with us, and in
consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service'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 which we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, we have the right to suspend or terminate your account with
us and refuse any and all current or future use of the Service (or any
Registration Data and certain other information about you are subject to our
MEMBER ACCOUNT, PASSWORD
Once our registration process is implemented and you have registered with
us, you will receive a password and account designation. You shall be
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 us 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. We cannot and
will not be liable for any loss or damage arising from your failure to
comply with this Section 5 or any other provision of this TOS.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not us, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
We do not control the Content posted via the Service and, as such; do not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will we be liable in any
way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use
the Service to: upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable; harm
minors in any way; impersonate any person or entity, including, but not
limited to, any one from our company, moderator, personality or host, or
falsely state or otherwise misrepresent your affiliation with a person or
Forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service; upload, post, email, transmit or
otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements); upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party; upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose upload, post,
email, transmit or otherwise make available any material that contains
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; interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Service; intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law; "stalk" or otherwise
harass another; or collect or store personal data about other users.
You acknowledge that
we may not pre-screen Content, but that we and our Editors and other
designees shall have the right (but not the obligation) in our sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, we and our Editors and other designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by us or submitted
to us, including without limitation information in any of our public forums,
and in all other parts of the Service.
consent and agree that we may access, preserve, and disclose your account
information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of our users and the public as well as our employees.
You understand that
the technical processing and transmission of the Service, including any
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that
the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by us and/or any content providers
who provide any materials utilized by the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
SPECIAL ISSUES FOR USAGE
OUTSIDE THE UNITED STATES.
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
While we are always happy to hear from you, it is earstage.com's
policy not to accept or consider creative materials, ideas, or suggestions
other than those we specifically request. This is to avoid any
misunderstandings, including such misunderstandings that might arise if
ideas submitted by you are similar to those that we may have independently
developed. Therefore we request that you do not send us any creative
materials, including without limitation screenplays, stories, original
artwork and/or reviews ("Unsolicited Materials"). Any communication or
Unsolicited Materials you do transmit to the Service by electronic mail or
otherwise will be treated as non-confidential and non proprietary. Please
note that communications or Unsolicited Materials you transmit or post may
be used by earstage.com for any purpose without payment of any
kind, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, earstage.com is
free to use any ideas, concepts, know how or techniques contained in any
communication or Unsolicited Materials you send to the Service for any
purpose whatsoever including, but not limited to, developing, manufacturing
and marketing any and all products incorporating any such information. For
the avoidance of doubt, the foregoing provisions concerning Unsolicited
Materials does not apply to any sound recordings, musical compositions,
album artwork, biographical information, and other materials that you may
submit to us pursuant to your election to participate in the
earstage.com Artist Download and Ringtone Sales Service.
Accordingly, earstage.com's use of those materials submitted by you
pursuant to your participation in such service are subject to the terms and
conditions found in the earstage.com Digital Sales Agreement which
you may elect to enter into.
You agree to indemnify and hold us, and our subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, 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, transmit or
make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights
NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including your
earstage.com I.D.), use of the Service, or access to the Service.
REGARDING USE AND STORAGE.
You acknowledge that we may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space
that will be allotted on our servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that we have no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that we reserve the right to log off accounts that are
inactive for an extended period of time and to remove accounts entirely that
are not active for an extended period of time. You further acknowledge that
we reserve the right to modify these general practices and limits from time
MODIFICATIONS TO SERVICE.
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that we shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
You agree that we may under certain circumstances and without prior notice;
we may immediately terminate your account and access to the Service. Cause
for such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a request by
you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical
or security issues or problems, and (f) extended periods of inactivity.
Termination of your earstage.com account includes (a) removal of
access to all offerings within the Service, including but not limited to
earstage.com Mail, Groups, Messenger, Blogs, Domains, Personals,
Lists, Message Boards, Greetings, Alerts and Games, (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause shall be
made in earstage.com's sole discretion and that we shall not be
liable to you or any third-party for any termination of your account, any
associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that we shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because we have no control over such sites and
resources, you acknowledge and agree that we are not responsible in any way
for the availability of such external sites or resources, and that we do not
endorse and are not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be 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 or through any such site or resource.
OUR PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws.
We grant you a
personal, non-transferable and non-exclusive right and license to use the
object code of our Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized
access to the Service.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. b. 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. c.
WE MAKE NO WARRANTY THAT i. THE SERVICE WILL MEET YOUR REQUIREMENTS, ii. THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, iii. THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND v. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. d. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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. e. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. f. A SMALL PERCENTAGE OF USERS
MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
NO THIRD PARTY
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
You agree that we may provide you with notices, including those regarding
changes to the TOS, by email, regular mail, or postings on the Service.
You acknowledge and agree that the earstage.com logo and other
related materials and product and service names are our trademarks and
without our permission, you agree not to display or use them in any manner.
NOTICE AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property of others, and we ask our users to do
the same. We may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers
of such intellectual property. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide our Copyright
Agent with the following information: a. An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright or
other intellectual property interest; b. A description of the copyrighted
work or other intellectual property that you claim has been infringed; c. A
description of where the material that you claim is infringing is located on
the site; d. Your address, telephone number, and email address; e. 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; f. 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
The TOS constitute the entire agreement between you and us and governs your
use of the Service, superseding any prior agreements between you and us. You
also may be subject to additional terms and conditions that may apply when
you use or purchase certain other services, affiliate services, third-party
Content or third-party software.
The TOS and the
relationship between you and us shall be governed by the laws of the State
of California without regard to its conflict of law provisions. You and we
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Los Angeles, California.
Our failure to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
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 Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
The section titles
in the TOS are for convenience only and have no legal or contractual effect.
Please promptly report any violations of the TOS to
privacy AT earstage.com