Competition Terms of Service Agreement
ACCEPTANCE OF TERMS OF SERVICE

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. 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.

INDEMNIFICATION

Customer shall defend, indemnify and hold Artist Ovation, Inc. harmless from all liability arising out of or in connection with duplication, printing, publication, distribution, or exhibition, including without limitation any liability for libel, slander, defamation, or infringement of patent, copyright or trademark and reasonable attorney’s fees associated therewith.

In consideration of Artist Ovation supplying products herein and providing the services to the Customer under this Agreement, the Customer hereby agrees to indemnify and hold Artist Ovation Inc. harmless from and against any and all actual and threatened claims, suits, penalties, liabilities, damages, judgments, orders, stipulations, and costs and expenses (including without limitation, legal fees, costs and disbursements) incurred, suffered or expended by or threatened against Artist Ovation, Inc. by reason of, arising out of, or relating to this Agreement and/or the Materials provided by the Customer, including but not limited to any claim of infringement of copyright or of any claims for royalties or fees pursuant to the Copyright Law of the United States of America or World Copyright Law or any other applicable law or any other statutes or comparable law of any other jurisdiction regulating the rights and use of the Materials.

SERVICE DESCRIPTION

Through our Website, we provide you with the opportunity to: (1) submit your music; (2) submit materials in order to create a user profile; (3) interact with members in our community; and (4) listen to and rate music available on the Website. If you are submitting music and other material you are sometimes referred to herein as an "Artist". If you are submitting material to create a User Profile in order to interact with other members in our community and listen to music available on the Website you are sometimes referred to herein as a "Member". You 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 shall be subject to the TOS.

AGE REQUIREMENTS FOR USE OF SERVICE

The Service is available to individuals aged thirteen (13) years or older. If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these terms and conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms and conditions.

YOUR REGISTRATION OBLIGATIONS

Members and Artists must register with us and, in addition, Artists must accept the terms and conditions of our Artist Agreement which may be reviewed at any time, and is available by clicking on the “Artist Agreement” link that appears in the bottom navigation on every page of our site. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract (or if you are not, that you have obtained the informed consent of your parent or legal guardian to your assent to these terms and conditions. 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 portion thereof).

OUR PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy, which is available by clicking on the “Privacy Policy” link that appears in the bottom navigation on every page of our site.

USE OF THE SERVICE

You are hereby granted permission to access all information, data, text, music, photographs, or other material ("Content") on the Website in whole or in part, solely for your personal, non-commercial use.

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, tortious, 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, anyone from our company, a moderator, personality or host, or falsely state or otherwise misrepresent your affiliation with any person or entity; 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 any 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, privacy, publicity or other proprietary rights of any party.

You acknowledge that, at our election, we may pre-screen Content, and that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is submitted to us and made available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the TOS or, if applicable, the Artist Agreement, or is otherwise objectionable in our sole discretion.

You acknowledge, 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 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 strictly prohibited.

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 reside.

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, use of the Service, or access to the Service.

GENERAL PRACTICES 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 and the maximum disk space that will be allotted on our servers on your behalf. 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 to 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 Service.

TERMINATION

You agree that 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, if applicable, the Artist Agreement, 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 account includes: (x) removal of access to all offerings within the Service. Further, you agree that all terminations for cause shall be made in our 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.

LINKS

The Service, Members, Artists, or third parties may provide links to other World Wide Web sites or 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.

VIOLATIONS

Please promptly report any violations of the TOS. Contact Us

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