Radio Airplay Terms of Service
Description of Service, Acceptance of Terms, Modification
WBR-indie.com. (“WBR-indie”) provides users (“Users”) of the web pages located at WBR-indie.com, and their associated subdomains including but not limited to WBR-indie.com (the “Site”) with a platform for the discovery and promotion of music, the sharing of information and comments about music, communication with other Users, the posting, syndication of, linking to or uploading of User Content (defined below), social networking and other features, functions, or services on the Site (collectively, the “Service” or “Airplay Service”). The Service will include the cataloging, indexing, sharing and streaming of User Content.
This Agreement sets out the legally binding terms between you and WBR-indie.com. This Agreement applies to all Users of the Service. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the “Agreement”). WBR-indie.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
WBR-indie.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. WBR-indie.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular WBR-indie.com services, you and WBR-indie.com shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, WBR-indie.com may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WBR-indie.com properties, shall be subject to this Agreement.
Privacy
Your privacy is very important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
Intellectual Property
WBR-indie.com is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service, including all associated software, logos, text, and graphics, but excluding User Content (defined below). You agree not to display or use any WBR-indie.com’s intellectual property without WBR-indie.com’s prior permission.
International
You agree to not use the Service or export any portion of the Service, including the User Content (defined below) in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
Uploaded Content, Reviews, Comments, Etc.
You must have the right to submit the material to us for our use. You should only submit to us songs and recordings that you are authorized to allow us to have publicly streamed (“performed”) or played, because you own or control the public performing rights.
By providing any material to us, you certify: that you own or control the publishing rights to the material; that you are giving us permission to put it up on WBR-indie.com for streaming, without restriction.
By uploading Your Content, You grant to WBR-indie.com a non-exclusive license (including the right to sub-license for all purposes related to the WBR-indie.com service (such as, for example, embedding the WBR-indie.com player on third party websites or as personal blogs)) throughout the world to:
(a) communicate and make Your Content available on WBR-indie.com; and (b) to copy and otherwise exploit Your Content as necessary for all purposes associated with WBR-indie.com.
You shall deliver to WBR-indie.com:
(a) Copies of the master versions of Your Content from which WBR-indie.com shall be entitled to make copies for the purpose set out in this Agreement;
(b) All necessary, related artwork for use by WBR-indie.com in connection with the marketing and promotion of your content. WBR-indie.com may encode or transcode Your Content, but shall not modify it.
Please choose carefully the words, information, content, messages, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, display or make available on the Site or through the Service and any such content that you provide or make available to other Users (collectively, “User Content”). You are responsible for all User Content, as set forth below.
Any photographs posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and WBR-indie.com assumes no responsibility or liability for this material.
WBR-indie.com reserves the right, in its sole discretion, to reject, refuse to post or link to or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. WBR-indie.com has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. WBR-indie.com takes no responsibility and assumes no liability for any User Content.
Unless we indicate otherwise, if you do post or link to User Content, you grant WBR-indie.com and its affiliates a nonexclusive, perpetual, irrevocable, and fully sublicensable right to use, display, perform, reproduce, publish, and distribute such User Content throughout the world via the Service. You grant WBR-indie.com and it affiliates the right to use the name that you submit in connection with such User Content. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and WBR-indie.com’s use thereof.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. WBR-indie.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and terminating the membership of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright (including CDs and tracks you may have purchased), or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xii) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
Conduct
You agree to abide by the terms of this Agreement, and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) 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; (iii) collect or store personal data about other Users; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. (v) reverse engineer or decompile any elements of the Service.
Without limiting other remedies, WBR-indie.com and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your campaign and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your campaign will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and WBR-indie.com in any way on more than one occasion.
Use & Storage
You acknowledge that WBR-indie.com may establish general practices and limits concerning use of our Services, including without limitation the maximum number of days that User Content will be retained by or made available through our Service, the maximum disk space that will be allotted on WBR-indie.com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access our Service in a given period of time. You agree that WBR-indie.com has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by our Service. You acknowledge that WBR-indie.com reserves the right to delete accounts that are inactive for an extended period of time. Even if an inactive account is not deleted, WBR-indie.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Third-Party Content, Links and Syndication
WBR-indie.com is not responsible for any User Content, third-party content, syndicated content, applications, services, advertisements, and/or links that may be contained in the Service. The Service may contain links to third party websites that are not owned or controlled by WBR-indie.com. WBR-indie.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WBR-indie.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve WBR-indie.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through our Service, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. WBR-indie.com has no control over third-party websites or resources, and as such, you acknowledge and agree that WBR-indie.com is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources. WBR-indie.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content or User Content on the Service or as a result of the failure of such third-party services, applications, or content to function as intended.
Representations & Warranties
You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer, make available, or link to.
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Your access to our Service may be deleted or blocked without warning if it is found that you are misrepresenting your age.
You represent and warrant that you are solely responsible for all User Content posted, uploaded, published, made available or displayed,. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WBR-indie.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by our Service and these Terms of Service. For clarity, you retain all of your ownership rights in your User Content.
You represent and warrant that you shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
You represent and warrant that you will not use our Service to upload, post, link to, 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 any telecommunications equipment.
FINANCIAL TERMS AND CONDITIONS
- Subscription Fees.
Subscribers of Monthly Airplay Packages agree to provide WBR-indie.com with valid credit card credentials, or alternatively valid PayPal Account credentials, which WBR-indie.com will charge on a monthly basis until the Subscription Service is terminated pursuant to this Agreement. By providing credit card billing information or PayPal account information, Subscriber shall be authorizing WBR-indie.com to charge that credit card until termination of the Subscription Service. WBR-indie.com shall have the right to immediately discontinue Subscriber’s Service Benefits if WBR-indie.com does not receive payment when due. As consideration for a Subscription Service, Subscriber agrees to pay WBR-indie.com all applicable subscription fees as posted on the Site at the time Subscriber applies for the Subscription Service. All subscription fees are due immediately pursuant to the payment option Subscriber chooses, and are non-refundable except as otherwise provided herein (see: 5. Subscription Cancellation Refunds). WBR-indie.com may exercise all available remedies to collect fees due and owing for any Subscription Service.
Note that the charges will show up as “FJ Productions Inc” on your Credit Card or PayPal statement.
- Modifications to Subscriber’s Account.
In order to change any of Subscriber’s account information, Subscriber must email info@WBR-indie.com to make this request.
- Currency
Fees and prices appearing on the Site are based on United States dollars. Payments for any Service or purchase made on or through the Site shall be made to WBR-indie.com in United States dollars.
- Payments
You agree to pay for all fees and charges incurred under your WBR-indie.com purchase or subscription. When you pay for Services or purchases with a credit or debit card or similar form of payment (a “Card” payment method) including a Paypal account, you authorize any and all charges and fees to be billed to your card even if it’s from time to time for subscriptions. Regardless of the method of payment, it is your sole responsibility to advise WBR-indie.com of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder.
Disclaimer
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WBR-indie.com EXPRESSLY DISCLAIMS 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. WBR-indie.com MAKES NO WARRANTY THAT (i) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WBR-indie.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Indemnification, Limited Liability
You hereby indemnify and hold harmless, and upon WBR-indie.com’s request, defend, WBR-indie.com, its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or WBR-indie.com’s or any User’s use thereof violates or infringes the rights of another party. You will reimburse WBR-indie.com and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that WBR-indie.com obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. WBR-indie.com shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon WBR-indie.com’s request. WBR-indie.com shall have the right, at its expense, to participate in the defense thereof under your direction.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION, AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WBR-indie.com’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO WBR-indie.com FOR OUR SERVICES.
Applicable Law
This Agreement and the relationship between you and WBR-indie.com shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and WBR-indie.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Georgia – Atlanta.
Except as explicitly stated otherwise, any notices to WBR-indie.com shall be sent by certified mail, return receipt requested, to WBR-indie, 6750 Jamestown Drive Alpharetta GA 30005 and also sent by email at the same time to info@WBR-indie.com. Notice shall be deemed given three (3) days after the date of mailing.
Copyright Infringement
WBR-indie.com respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WBR-indie.com’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a hyperlink to the material that you claim is infringing on the Service. Please note, providing a song, artist, or album name is not sufficient, you must provide a unique hyperlink to each item of material that you claim is infringing on the Service ; (4) your address, telephone number, and email address; (5) 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; and (6) 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 behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to WBR-indie.com at:
info@WBR-indie.com
Please note that this procedure is exclusively for notifying WBR-indie.com and its affiliates that your copyrighted material has been infringed.
Miscellaneous
This Agreement along with the Privacy Policy and any additional terms, rules or regulations posted on the Service constitute the entire agreement between you and WBR-indie.com and govern your use of our Service, superseding any prior agreements between you and WBR-indie.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of WBR-indie.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement 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 this Agreement 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
If you have any further questions, please contact us at info@WBR-indie.com
Streaming Terms of Service
By accessing the website at https://WBR-indie.com, (“WBR-indie.com”) you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any and all applicable local laws. If you do not agree with any of these terms, you are prohibited from using and/or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
DESCRIPTION OF SERVICE
WBR-indie.com is an e-commerce music advertising and marketing site that aims to provide the marketing and promotion of music via pitching to digital networks or by other means, now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for WBR-indie.com to provide the Service mentioned above. You also understand and agree that the Service may include certain communications from WBR-indie.com, such as service announcements, user messages, administrative messages and your personal WBR-indie.com profile updates, and that these communications are considered part of WBR-indie.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that may augment or enhance the current Service, including the release of new WBR-indie.com properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that WBR-indie.com assumes no responsibility for the timeliness, deletion or failure to store any user communications or personalization settings.
YOUR USE OBLIGATIONS
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 if prompted by the Service’s registration form (the “Registration Data”), (b) If you open an account on behalf of your company, then “you” includes you and your company, and you represent and warrant that you are an authorized representative of your company with the authority to bind the entity to these Terms of Use, and that you agree to these Terms on your company’s behalf, (c) you give us permission to access and use your information from third party services (e.g., Spotify,Twitter, Facebook) and to store your authentication credentials for that third-party service (d) 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 WBR-indie.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WBR-indie.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof); (e) respect the rights of third party creators and content owners.
Compensation
We may (a) withhold and offset any payments or refunds owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing (through email) within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
YOU SHOULD BE AWARE THAT WE DO NOT OFFER REFUNDS FOR PAID CAMPAIGNS UNDER ANY CIRCUMSTANCES, EXCEPT IF A SONG THAT YOU SUBMITTED FAILS TO BE REVIEWED OR PLACED ON A LIST. ALSO, AS A WBR-indie.com PLAYLIST OWNER or USER. YOU SHOULD BE AWARE THAT YOU ARE BEING PAID TO ASSESS SONGS, NOT TO PLACE THEM ON YOUR PLAYLIST, USE YOUR OWN DISCRETION.
WBR-indie.com PRIVACY POLICY
WBR-indie.com is concerned about the safety and privacy of all its users, especially children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service are responsible for supervision of that access. When you register a WBR-indie.com account for your child or allow your child to register his or her own WBR-indie.com account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the site. By allowing access to your child, you also give your child permission to access many areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas are appropriate for your child. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by WBR-indie.com and/or its affiliates.
USER CONDUCT
WBR-indie.com does control the content posted via the Service and, as such, but does 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 WBR-indie.com be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or 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:
Impersonate any person or entity, including, but not limited to, a WBR-indie.com official, playlister, reviewer, administrator, artist, music label or user, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service; upload, post, transmit or otherwise make available any material 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, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, transmit or otherwise make available any unsolicited or unauthorized submission, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You acknowledge that WBR-indie.com and/or its affiliates may or may not pre-screen content, but that WBR-indie.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, WBR-indie.com and its 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 any and 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 submitted to WBR-indie.com.
You acknowledge, consent and agree that WBR-indie.com and/or its affiliates 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 WBR-indie.com, its users and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by WBR-indie.com and/or content providers who provide content to 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 strictly prohibited.
WBR-indie.com and/or its affiliates reserves the right to remove any user at their own discretion. If the curator/user playlist owner is found to have fake followers or other similar activity on their account. If a playlist is deemed to contain fake followers or be inactive WBR-indie.com reserve the right to immediately remove the curator account without compensation.
USER-GENERATED CONTENT
You may post, upload, and/or contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). You promise that, with respect to any User Content you post on WBR-indie.com, (1) you have the right to post such User Content, and (2) such User Content, or its use by WBR-indie.com as
contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by WBR-indie.com or any artist, band, label, entity or individual without express written consent from such individual or entity. You are solely responsible for all User Content that you post. WBR-indie.com is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST WBR-indie.com RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD WBR-indie.com HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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 reside.
REPRESENTATION, WARRANTIES AND INDEMNIFICATION
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify and hold WBR-indie.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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 otherwise 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 of another.
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 WBR-indie.com Profile), use of the Service, or access to the Service. If you breach this by doing so, you agree to pay 10 times the amount of the original service cost to WBR-indie.com for each instance.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WBR-indie.com may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any content that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WBR-indie.com’s 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 WBR-indie.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that WBR-indie.com reserves the right to
log off accounts that are inactive for an extended period of time. You further acknowledge that WBR-indie.com reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
WBR-indie.com reserves 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 WBR-indie.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that WBR-indie.com may, under certain circumstances and without prior notice, immediately terminate your WBR-indie.com 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, third parties 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, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your WBR-indie.com account includes (a) removal of access to all offerings within the Service, including but not limited to WBR-indie.com blogs, articles, profiles, (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 of further use of the Service. Further, you agree that all terminations for cause shall be made in WBR-indie.com’s sole discretion and that WBR-indie.com 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. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
DEALINGS WITH USERS
Your correspondence or business dealings with, or participation in promotions of, users 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 user. You agree that WBR-indie.com and/or its affiliates 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 users on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WBR-indie.com has no control over such sites and resources, you acknowledge and agree that WBR-indie.com is not responsible for the availability of such external sites or resources, and does not endorse and is 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 WBR-indie.com 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.
WBR-indie.com’S 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 by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WBR-indie.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
WBR-indie.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, 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, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WBR-indie.com for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WBR-indie.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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. WBR-indie.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WBR-indie.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WBR-indie.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 WBR-indie.com HAS 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.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
WBR-indie.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
TRADEMARK INFORMATION
The WBR-indie.com and WBR-indie.com logo trademarks and service marks and other WBR-indie.com logos and product and service names are trademarks of WBR-indie.com. (the “WBR-indie.com Marks”). Without WBR-indie.com’s prior permission, you agree not to display or use in any manner the WBR-indie.com Marks. Other product and company names may be trademarks or service marks of their respective owners.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
WBR-indie.com respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, WBR-indie.com cannot and does not monitor all of the materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any materials posted via the Service. You expressly agree that Company will not be liable for materials. However, WBR-indie.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 the WBR-indie.com Team the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
WBR-indie.com Team can be reached by email: info@WBR-indie.com
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of WBR-indie.com, to the goods or services provided by WBR-indie.com, or to any acts or omissions for which you may contend WBR-indie.com is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Atlanta GA, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of GA, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Atlanta Georgia. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND WBR-indie.com WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WBR-indie.com ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and WBR-indie.com otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
CLASS ACTION / JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and WBR-indie.com and governs your use of the Service, superseding any prior agreements between you and WBR-indie.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WBR-indie.com services, products, affiliate services, third- party content or third-party software.
Electronic signatures. Pursuant to any applicable laws, rules or regulations, including without limitation the US Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes, YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-¬- electronic records, or to payments or the granting of credits by other than electronic means. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to WBR-indie.com.
Choice of Law and Forum. The TOS and the relationship between you and WBR-indie.com shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and WBR-indie.com agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Atlanta.
Waiver and Severability of Terms. The failure of WBR-indie.com 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.
No Right of Survivorship and Non-Transferability. You agree that your WBR-indie.com account is non- transferable and any rights to your WBR-indie.com Profile or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.