|
TERMS OF USE AGREEMENT
Effective: April 26, 2009
By using WorldsBestProducers.com (the
"Website"), a service of Cambron Corporation (the "Company"),
you are agreeing to the following Terms of Use (this "Agreement").
This Agreement sets out the legally binding terms of your use of the
Website and other services provided by Company (collectively, the "Services")
and may be modified by Company at its sole discretion. When such modification
is made, Company will post a revised version of this Agreement on the
Website. Modifications will be effective immediately after posting.
Company is not required to provide you with notification that any such
modification has been made.
Use of certain areas of the Website may be subject to additional or
separate terms and conditions, which will be posted or otherwise be
made available to you in connection with such area or feature. This
Agreement as well as any additional Company policies, together with
all modifications thereto, constitute the complete and exclusive agreement
between you and the Company concerning your use of the Services, and
supersede and govern all prior proposals, agreements, or other communications.
You can review the most current version
of the Terms of Use Agreement and other Website agreements
at http://www.worldsbestproducers.com/legal.php. You may also receive a copy of this Agreement
by emailing us at support@worldsbestproducers.com.
- Eligibility.
You must be thirteen (13) years of age or older, or represented by someone
eighteen (18) years of age or older, to register for any Services or
to use the Website. Certain sections of the Website may contain material
and language that is intended for a mature audience and may not be appropriate
for people under 18 years old. Use of any Services is void where prohibited.
By using the Website, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by
all of the terms and conditions hereof.
- Term.
This Agreement will remain in full force and effect during the time
you are registered for any Services and/or use the Website. You may
terminate your registration for any Services at any time upon notice
by email to support@worldsbestproducers.com. Company may terminate your
registration for any Services for any reason, effective upon sending
notice to you at any email address you have previously provided on Website.
You will not be entitled to any refunds or compensation on account of
any such terminations. Even after any such termination and/or this Agreement
is terminated, certain provisions of this Agreement will remain in effect,
including sections 4, 5 and 15-21.
- Registration.
Certain Services require you to register and provide various data
and personal information. In registering and providing such data, you
represent and warrant that:
- You agree to provide accurate,
current and complete information about you as prompted by any registration
forms on the Website (the "User Information").
- You will maintain the security
of your password and identification.
- You will maintain and promptly
update the User Information, and any other information you provide to
Company.
- You shall be fully responsible
for all use of your account and for any actions that take place using
your account.
- Proprietary Rights in Content.
Company owns and retains all proprietary rights in the Website. The
Website contains the copyrighted material, trademarks, and other proprietary
information of Company and its licensors. Except for that information
which is in the public domain or for which you have been given written
permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
- Content Posted on the
Website.
Musical compositions, sound recordings, art or other visual or written
content (collectively, the "Content") featured on this website is
not owned, produced, copyrighted or arranged by Company. The Content
featured on the Website or via its Services is solely copyrighted, produced
and arranged by the member or producer (the "User" or "Users")
that submitted it to the Website and therefore the User assumes full
responsibility for the Content played, shared or downloaded on the Website.
By posting Content on the Website, you agree to the following terms
and conditions:
- You understand and agree that
Company may review and delete any Content that in the sole judgment
of the Company, violates this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety
of others.
- You are solely responsible
for the Content that you publish or display (hereinafter, "post")
on the Website, or transmit to others.
- By posting Content to any
public area of the Website, you automatically grant, and you represent
and warrant that you have the right to grant to Company an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute such information and Content and to
prepare derivative works of, or incorporate into other works, such information
and Content, and to grant and authorize sublicenses of the foregoing.
It is your choice to make your music downloadable for the Users of the
Website.
- The following is a partial
list of the kind of Content that is illegal or prohibited on the Website.
Company 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 communication from
the Website and terminating the Membership of such violators. It includes
Content that:
- is patently offensive to the
online community, such as Content that promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual;
- harasses or advocates harassment
of another person;
- involves the transmission
of "junk mail," "chain letters," or unsolicited
mass mailing or "spamming";
- promotes information that
you know is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized
copy of another person's copyrighted work;
- contains restricted or password
only access pages, or hidden pages or images (those not linked to or
from another accessible page);
- provides material that exploits
people in a sexual or violent manner, or solicits personal information
from anyone under 18;
- provides instructional information
about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal
identifying information for commercial or unlawful purposes from other
users; and
- engages in commercial activities
and/or sales without Company's prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Website in
a manner consistent with any and all applicable laws and regulations.
- You may not engage in advertising
to, or the solicitation of, other users of the Website to buy or sell
any products or services through the Website without Company's prior
written consent. You may not transmit any chain letters or junk email
to other users of the Website. Although Company cannot constantly monitor
the conduct of its users of the Website, it is also a violation of these
rules to use any information obtained from the Website in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any user without their prior explicit consent.
- Content Storage.
You agree that Company may establish general practices and limits concerning
use of the Website and Services, including without limitation the maximum
number of days that Content will be retained by or made available through
the Website or Services, the maximum disk space that will be allotted
on Company's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Website or Services
in a given period of time. You agree that Company has no responsibility
or liability for the blocking, deletion or failure to store any Content
maintained or transmitted by the Website or Services.
- Contests and Awards.
From time to time, the
Website may offer and promote contests. You warrant and agree to never
attempt to alter, cheat, abuse or manipulate the voting process or voting
system. Company reserves the right to refuse any contest winner found
to violate this Agreement. Users found abusing this service will be
banned from the Website.
- Subscription and Payment.
The Website offers premium services (the "Premium Services") that
require paid monthly or annual subscriptions (the "Subscriptions")
to access and use. The Subscriptions on monthly and annual billings
cycles will automatically renew unless cancelled by the User within
2 day of the next billing date. Any coupon code applied at the time
of the initial transaction will not be applied to any following renewal
charges for any account. See The Music Store E-Commerce Agreement for more details.
- Advertising and
Third Party Content.
The Website may contain links to other web sites as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software and other content or items belonging
to or originating from third parties (the "Third Party Content").
Third Party Content is not investigated, monitored or checked for accuracy,
appropriateness, or completeness by Company, and Company is not responsible
for any Third Party Content accessed through the Website, including
the content accuracy, offensiveness, opinions, reliability, privacy
practices or other policies of or contained in the Third Party Content.
Furthermore, some of this content may require separate fees, which are
not included in any fees that you may pay to the Company. Any separate
charges or obligations you incur in your dealings with the Third Party
Content are your responsibility. We neither endorse, nor offer any judgment
or warranty for the authenticity or availability of any of the goods
or services or for any damage, loss or harm, direct or consequential
or any violation of local or international laws that may be incurred
by your visit and/or transaction/s to any website promoted by or in
the Third Party Content. Company reserves the right to omit, suspend
or change the position of any advertising material submitted for insertion.
Company does not provide refunds, under any circumstances, for advert
space.
- Forum.
ProducersCorner.net (the "Forum") is the official forum of Website
and shares a merged database with the Website. Company does not hold
liability for the Content and/or Third Party Content posted on or otherwise
posted in the Forum. This Agreement shall apply to and govern the Website
and the Forum. You acknowledge and agree that your use of the Forum
is subject to, and will fully comply with the terms set forth in this
Agreement.
- Copyright Policy.
The Company does not own the Content posted by third parties to the
Website. All Content is posted by an individual, group or company ("User")
who has represented and warranted to that, among other things, neither
the Content nor the names, trademarks and service marks under which
Content is promoted infringes any third party's copyright, patent, trademark,
trade secret or other proprietary rights, rights of publicity or privacy,
or moral rights .
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights. Since
Company is not in a position to determine who has the prevailing claim
to use any particular Content posted to the Website, its policy on such
matters is that they be resolved directly by the parties alleging misuse
of their Content and the User(s).
Without limiting the foregoing, if you believe that your work has been
copied and posted on the Website in a way that constitutes copyright
infringement, you may notify our Copyright Agent
by emailing abuse@worldsbestproducers.com with the
following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the Website; your address, telephone number, and email address;
a written 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
owner or authorized to act on the copyright owner's behalf.
- User Disputes.
You are solely responsible for your interactions with other users on
the Website. Cambron Corporation reserves the right, but has no obligation,
to monitor disputes between you and other users.
- Privacy.
Our Privacy
Policy governs the use of
the Website.
- Disclaimers.
Company and its affiliates are not responsible for any incorrect or
inaccurate Content posted on the Website or in connection with Services,
whether caused by users of the Website, users or by any of the equipment
or programming associated with or utilized in the Website.
Company is not responsible for the conduct, whether online or offline,
of any user of the Website. Company
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user
communications. Company is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email
or players on account of technical problems or traffic congestion on
the Internet or at any Website or combination thereof, including injury
or damage to users or to any other person's computer related to or resulting
from participating or downloading materials in connection with the Web
and/or in connection with the Website.
Under no circumstances will Company or any of its affiliates be responsible
for any loss or damage, including personal injury or death, resulting
from anyone's use of the Website or Services, any Content posted on
the Website or transmitted to users, or any interactions between users
of the Website, whether online or offline. The Website and Services
are provided "AS-IS" and
Company expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Company cannot guarantee and does not promise
any specific results from use of the Website or Services.
- Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no
event will Company or any of its affiliates be liable to you or any
third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising from
your use of the Website or Services, even if
Company or any of its affiliates has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained
herein, Company's liability, and any liability to its affiliates,
to you for any cause whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid, if any, by you to
Company for your use of the Website.
- U.S. Export Controls.
You acknowledge that the Content is subject to U.S. export jurisdiction.
You agree to comply with all applicable international and national laws
that apply to the Content, including the U.S. Export Administration
Regulations, as well as end-user, end-use, and destination restrictions
issued by U.S. and other governments. No Content may be downloaded from
the Website or otherwise exported or re-exported (i) into (or to a national
or resident of) any Country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using any Content, you represent and warrant that you
are not located in, under the control of, or a national or resident
of any such country or on any such list.
- Headings and Captions.
The heading and captions in this Agreement are for the purpose of
convenience and reference only. They are not to affect the meaning or
interpretation of any of the terms herein.
- Disputes.
Any controversy, claim or dispute arising out of or relating to this
Agreement or the relationship, either during the existence of the relationship
or afterwards, between you and the Company hereto, their assignees,
their affiliates, their attorneys, or agents, shall be litigated solely
in state or federal court in the State of Tennessee. You agree to personal
jurisdiction by and venue in the state and federal courts located in
Washington County, TN. Each party (1) submits to the jurisdiction of
such court, (2) waives the defense of an inconvenient forum, (3) agrees
that valid consent to service may be made by mailing or delivery of
such service to the Tennessee Secretary of State (the "Agent")
or to the party at the party's last known address, if personal service
delivery cannot be easily effected, and (4) authorizes and directs the
Agent to accept such service in the event that personal service delivery
cannot easily be effected.
- Indemnity.
You agree to indemnify and hold Company and its affiliates, and their
officers, agents, and other partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Website
or Services in violation of this Agreement and/or arising from a breach
of this Agreement and/or any breach of your representations and warranties
set forth above.
- Entire Agreement.
This Agreement, accepted upon use of the Website, contains the entire
agreement between you and Company regarding the use of the Website and/or
the Services and supersedes all prior oral or written agreements and
understandings relating to the subject matter hereof. No statement,
representation, warranty, covenant or agreement of any kind not expressly
set forth in this Agreement shall affect, or be used to interpret, change
or restrict, the express terms and provisions of this Agreement. If
any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect.
|