PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS OR ANY AFFILIATED WEBSITES.
This Site is owned and operated by Ariel Publicity, Artist Relations and Booking, LLC (“Ariel Publicity” or the “Company”). Ariel Publicity consists of its affiliated company Cyber PR, LLC, and various other affiliated subsidiaries and websites; including but not limited to www.arielpublicity.com and www.cyberprmusic.com, (all such sites collectively referred to herein as the “Site”). If you choose to visit any of these Sites, your access and use is subject to these Terms and Conditions. If you do not agree with all of the Terms and Conditions, please do not visit any such Site.
Ariel Publicity reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Any such changes and/or modifications will be effective immediately upon posting and your continued use of the Site following the posting of such changes/modification will constitute your acceptance of the revised Terms and Conditions. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Your use of our Site constitutes your binding acceptance of these Terms and Conditions, including any modifications that we make. You acknowledge and agree that if you are a representative or a member of an organization (for example, a band member, manager, public relations personnel, radio employee, contributing writer/editor, etc.) the Terms and Conditions hereof apply to all representatives and members of such organization, as well as the organization itself. The terms “You,” “Your,” “User,” ”Undersigned” and “Subscriber” as used herein refer to all individuals, entities and their representatives accessing this Site for any reason; including general, non-member users (“Public Users”), registered members (“Members”) and registered New Media Maker members (“New Media Makers”). A “Member” is a person or entity that purchases the Company’s marketing and PR services. Members may include, but are not necessarily limited to, artists, performers, authors, film makers, public relation persons/entities, or social media persons/agencies. A “New Media Maker” is a user that registers to access and use the materials posted by Members for the purpose of further promoting such Member. New Media Makers may include, but are not necessarily limited to, Internet Radio stations and Podcasters that play a Member’s MP3, Web-Based Music Magazines that publish a Member’s biographical material, Music Journalists that review a Member’s material, Online Music Directories that reference and/or include a Member’s contact information, Book Reviewers that review a Member’s material and/or publish excerpts of a Member’s published works, and audio/audiovisual bloggers that use a Member’s posted material.
This Agreement includes Company’s policy for acceptable use and content posted and/or submitted on the Site, your rights, obligations and restrictions regarding your use of the Site and the services, products and materials offered on the Site, and Company’s Privacy Policy. You may also receive a copy of this Agreement by emailing us at: contact@arielpublicity.com Subject: Terms and Conditions of Use Agreement.
Company Services.
Ariel Publicity offers Cyber PR services through its’ affiliated company Cyber PR, LLC.
Music Campaign Services: Cyber PR will promote and market musical artists to appropriate music-specific resources (referred to as “New Media Makers”) throughout the Internet including but not necessarily limited to Blogs, Audio-Blogs, Video Blogs, Internet Radio Stations, Web-Based Music Magazines, Music Journalists, Online Music Directories, and Podcasters. Members will provide information and MP3(s) to Cyber PR online through the Company’s site and/or by mail, and member’s profile, MP3(s), and performance/event dates (if any) will be submitted online to registered and non-registered New Media Makers. Company will also prepare a personalized campaign for the artist, build a virtual press kit, and provide search engine optimization to increase the artist’s internet footprint. Each Member profile will include MP3(s), photos of the artist, artist bio, and can also include album cover art, and customized drops for use by New Media Makers. Additionally, Company offers a service which includes a Virtual Assistant. Members that register for this service will have Company update the artist’s social networking sites, build blogs on the artist’s MySpace page, and generally share campaign results with artist’s Internet fan base in general.
Other Campaign Services: Cyber PR will promote and market Members to New Media Makers related to the Member’s area of entertainment throughout the Internet including but not necessarily limited to Blogs, Audio-Blogs, Video Blogs, Web-Based Magazines, Book Reviewers and Podcasters. Members will provide information to Cyber PR online through the Company’s site and/or by mail, and Member’s profile and material will be submitted online to registered and non-registered New Media Makers. Company will also prepare a personalized campaign for the Member, build a virtual press kit, and provide search engine optimization to increase the Member’s internet footprint.
New Media Maker Services: New Media Makers can register with Company and opt-in to receive information and music about Members based on each New Media Makers specified criteria. New Media Makers can access and download Member’s MP3s, photos, bios, recorded IDs, book excerpts and other posted information and materials, as well as set up a New Media Maker profile, leave feedback to Members and other New Media Makers, and request information, interviews and product from Member.
Affiliates Program: Affiliates can register with the Site and provide a link from its webpage to the Site suggesting Company products and services to other artists and media makers. A user connected to this Site via linking from an Affiliate site is bound by and agrees to the Terms and Conditions set forth herein. You understand and agree that an Affiliate may receive a referral commission from Company upon your purchase of Company products and/or services. Affiliates may be third parties, Members and/or New Media Makers.
Notwithstanding anything to the contrary stated herein, Company, its’ affiliates, subsidiaries, and/or licensors are not acting in the capacity of employment agents.
Membership.
In order to access Cyber PR services through the Site, you must become a registered user.
As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any account and password you use to access the Site and its services and agree that Company will have no obligations with regard thereto. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. You agree to use the account and password solely on your behalf, or on behalf of the organization you represent.
You agree to use your username and password and access to the Site only to conduct business on behalf of yourself or, if applicable, the organization you represent. You further agree that you will not transfer, assign or sell your username or password to any other person, even within your organization, or permit the use thereof by anyone else under any circumstance. Company will not be liable in the event of the loss of a username or password or the misuse by anyone of a username or password. It is your sole responsibility to secure and maintain your username and password and to keep current any personal or business information provided to Company. You agree that you will (1) log out and close down access to the non-public portions of the Site at the end of each session; and (2) immediately notify Company of your loss, or any unauthorized use of, your username and/or password, or any other breach of security. You have the option to change your password as often as you wish by creating a new password. It is recommended that you change your password at least once every 60 days.
The fee structure, if any, for each service you select will be e-mailed to you separately as agreed upon by your proposal. By submitting your check or credit card via the Site, and/or by using the services, you will be required to have read and agreed to the Terms and Conditions set forth herein, in addition to any terms and conditions of the applicable credit card processing company retained by us for processing your credit card. These Terms and Conditions constitute a binding agreement between you and Company, and set forth the terms and conditions associated with a limited license granted to you to access our content databases and receive other benefits accorded members in good standing. Accordingly, you should thoroughly read and understand the Terms and Conditions which will become a contract between you and Company when you check the box to indicate your acceptance of such terms, and again upon submitting your check, credit card, or other payment method information to Company. Upon clearance of your payment you will become an active member of the Site and/or service. In order to remain an active member it will be your responsibility to maintain timely payments of any fees incurred. Membership in the service is void where prohibited.
Purchasing Services.
Certain services provided through the Site may require payment by credit card (including without limitation membership in Cyber PR campaign service). If you wish to purchase such services, you will be asked by Company to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our Privacy Policy, located at www.arielpublicity.com. You agree that all information that you provide to Company will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Fee Issues.
In addition to all applicable fees contained herein, in the event that Company is unable to charge your credit card, there is a chargeback for any reason, there are insufficient funds in the account for which a check is drawn, or you otherwise fail to promptly pay any applicable charge, you will be subject to a late payment charge equal to the lesser of: (i) one and one-half percent (1.5%) per month accruing from the charge date or invoice date as applicable, or (ii) the maximum amount allowed by applicable law. In addition to the foregoing, Company may in its sole discretion immediately suspend or terminate your participation in any or all of the services provided to you. Termination of the Agreement and/or payment of late payment charges shall not prejudice any other rights or remedies that may be available to Company with respect to nonpayment or late payment of applicable fees.
Acceptable Use Policy.
You are solely responsible for any and all acts and omissions that occur under your account or password for the Site and/or service, and you agree not to engage in unacceptable use of the Site and/or service, which includes, without limitation, use of the Site and/or service to: (i) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (ii) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (iv) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (v) interfere, disrupt or attempt to gain unauthorized access to other accounts of the websites and/or service or any other computer network; (vi) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (vii) engage in any other activity reasonably deemed by the Company to be in conflict with the spirit or intent of this Agreement. If you violate these restrictions, we may limit and/or terminate your access to the Site and/or service, without refund.
Managing User Content and Communications.
Company reserves the right, in its sole discretion, to delete or remove your content from the Site or databases and to restrict, suspend or terminate your access to the Site and/or service, or all or part of the Site, at any time for any reason without prior notice or liability. Your profile may be deleted without warning, if it is found that you are misrepresenting your age, misrepresenting your identity, and/or if Company reasonably suspects that you do not have the rights required pursuant to these Terms and Conditions. Company may establish general practices and limits on the use of the Site and/or service, including, but not limited to, limits on retention time, file size, and storage space for your content. Company shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with the Site and/or service. Company may, but is not obligated to, monitor or review (i) any areas on the Site or features of the Site and/or service in which users submit, transmit or post content, and (ii) the substance of any of your content. To the maximum extent permitted by law, Company has no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of content. If Company terminates your subscription and/or membership in the service because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of membership fees.
License for User Content and Material.
By submitting any content to the Site, including but not limited to MP3s, photos, bios, reviews, feedback, Virtual Press kits, excerpts of your published material, any company information etc., (collectively “User Material”), Members and New Media Makers each as to themselves hereby grant to Company, its affiliates, subsidiaries, and licensors (which such licensors, include other Members and New Media Makers), the non-exclusive, irrevocable, fully paid, royalty-free, perpetual, worldwide right and license to: (i) use, publicly perform, publicly display, modify (for purposes of formatting, maintenance or website administration only), reproduce, publish, adapt, distribute and translate User Material posted on the Site and/or otherwise make available such User Material, for use in podcasts, audio and/or video blogs, on Internet radio, webzines, video sites, books, CD-ROMs or any other digital form or medium whatsoever, whether now known or as may hereafter be developed solely in connection with promotion and marketing of Members or as otherwise agreed herein; (ii) store your content on Company’s servers; (iii) distribute your content on the Company’s Site to New Media Makers, Members, third-parties and through email lists; (iv) distribute, create compilations and derivative works, and publicly display and perform such content in any medium whether now known or hereafter created, so that other users, including Public Users, may see and hear your work as an example of a successful application of this Site and/or service; and/or (v) use the name, biography and likeness of you, and other persons performing services in connection with you, for the purposes of trade in connection with promotion, advertising, sale, distribution, and exploitation of the Site. Public Users acknowledge and agree that any content and/or material which they post on the Site are subject to the license described in this paragraph. Anything to the contrary herein notwithstanding, Company understands and agrees that it does not own copyright and other intellectual property rights in any User Material, and Members and New Media Makers have not assigned or transferred any such rights other than a limited license as described in these Terms and Conditions.
Other Submissions.
For user content such as comments to the Company about the Site and/or service, bug reports, piracy reports or product suggestions, you grant Company an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such content, and you also agree that Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, Company will not release your name or otherwise publicize the fact that you submitted such content to us unless: (i) you grant us permission to do so; (ii) we first notify you that the content you submit to a particular part of the Company Site will be published or otherwise used with your name on it; or (iii) we are required to do so by law.
Privacy.
Your privacy is important to us. Please review our Privacy Policy, at www.arielpublicity.com, which also governs your use of the Site, to understand our online information collection practices. By using the Site and services and, if applicable by clicking on “Accept” below to indicate your acceptance of these Terms and Conditions, you are also acknowledging that you have had an opportunity to review, and agree to the terms of, our Privacy Policy.
Use Of Applets.
Use of certain applications and functionalities available through the Site may require the transfer or download onto your computer of software “applets” (small, cross-platform compatible pieces of executing code) in order to enable communication between your computer and Ariel Publicity’s computers and/or to execute such applications or functionalities. By agreeing to these Terms and Conditions, you agree to the transfer of such applets onto your computer system for the limited purpose of allowing you access and use any such applications and functionalities offered through the Site.
Information Provided and Company’s Services.
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE AND BY COMPANY AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND ASSIGNS IS AT YOUR SOLE RISK. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITES AND/SERVICES, OR TO DENY ACCESS TO THE SITES AND/OR SERVICES TO ANYONE AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND ASSIGNS IS NOT RESPONSIBLE FOR ANY MATERIALS POSTED AND/OR SUBMITTED BY USERS OF THE SITE AND/OR SERVICE. PRIOR TO MAKING ANY DECISIONS BASED ON INFORMATION POSTED ON THE SITE AND/OR SERVICE, YOU ARE ADVISED TO VERIFYTHE INFORMATION. NEITHER COMPANY AND/NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND ASSIGNS SHALL HAVE ANY LIABILITY ARISING FROM YOUR ACTS OR DECISIONS BASED UPON THE INFORMATION PROVIDED ON THE SITE
AND/OR SERIVCE.
Unsolicited E-mail.
You agree not to use the Site and/or service to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the Site and/or service or any equipment owned or operated by Company in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
“Opt-In” For Special Notices.
Company may periodically make special offers or communications to you. If you would like to receive such offers or communications, you may “Opt-In” at any time by checking the “Opt-In” box that appears on the e-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the “Opt-In” option constitutes acceptance of Company’s use of your e-mail address to send you notices pertaining to Company, its products and services, the websites, and related topics.
Proprietary Rights of Company.
General. The audio clips, characters, drawings, graphics, logos, text, newsletters, articles, music, software, User Material, Company material and all other material available at this Site, whether owned by or licensed to Company or owned by or licensed to a registered user of the Site (collectively and individually the “Company Material”) contain and compromise copyrighted and proprietary subject matter. Your rights with respect to your use of the Site and the Company Materials are governed by these Terms and Conditions, as may be amended from time to time, and any limited license granted hereunder, as well as all applicable laws, including but not limited to intellectual property laws.
Intellectual Property Notices. All contents of any Company website related to the service are: Copyright ©1996-2010 Ariel Publicity, Client Relations and Booking, LLC and/or its subsidiaries, affiliates, suppliers, or licensors c/o Ariel Publicity, 389 12th Street, Brooklyn, NY 11215, U.S.A. All rights reserved. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Site and service.
Copyrights. All Company Material included on the Site (including the compilation, selection, and arrangement thereof) is the property of or is licensed to Ariel Publicity and/or its subsidiaries, affiliates, suppliers or licensors, Members and/or New Media Makers which post such material, and are protected by U.S. and international copyright laws, and you acknowledge that these rights are valid and enforceable. All software is the property of Ariel Publicity and/or its subsidiaries, affiliates, and/or its software suppliers and protected by U.S. and international copyright laws, and you agree that you will not copy or modify the underlying code without our prior express written permission. You may not remove or obscure any copyright or other proprietary notices contained on the Site or in the Company Materials. Any unauthorized use or duplication of the Company Material herein may subject the user to civil or criminal liability.
Trademarks. “Ariel Publicity” and “Cyber PR are trade names and service marks of the Company and/or its subsidiaries, affiliates or licensees. The names of actual companies and products mentioned herein and/or the websites and/or the service may be the trademarks of their respective owners. Trade names and service marks may include abbreviations, splash screen and other graphics, logos, page headers, button icons, scripts and servers of Company or third parties. You may use trademarks only insofar as required to comply with this Agreement and to identify printed output produced by Company, in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark.
Patents. You acknowledge that you are aware that we have applied for a patent with respect to certain aspects of Company. Company may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages that are part of the service. Except as expressly provided herein, the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
Proprietary Rights of Registered Users.
You understand and agree that User Material (as defined above) posted on the Site by Members and/or New Media Makers is owned by and/or licensed to such registered user. The limited license granted to registered users by these Terms and Conditions shall in no way be deemed to grant to you any right or license in or to any User Material, including but not limited to musical compositions and/or sound recordings, text, excerpts, and photographs, available on the Site except as otherwise specifically set forth herein, unless otherwise owned by you or licensed by you pursuant to a valid agreement or under valid copyright laws.
No Authority to Use Non-Public Services of the Site.
Only individuals authorized by Ariel Publicity and authorized individuals acting on behalf of Members and New Media Makers, and who have been assigned a currently valid username and password for the Non-Public Services may access and use the Non-Public Services (each, a “Registered User”). As a Public User, you are not authorized to access the Non-Public Services of the Site (unless you are also a Registered User).
Dealings with Third Parties and Registered Users.
Your participation, correspondence or business dealings with any third party found on or through the Site and/or service, regarding the payment and delivery of related goods or services, publicity, reviews, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You acknowledge and agree that your participation, correspondence or business dealings with any Registered User conducted through and/or outside of the Site, whether via Internet or otherwise, regarding any services, the payment and delivery of goods or services, publicity, reviews, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Registered User. You agree that Company shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Also, please note that in some cases, Company, its affiliates and/or subsidiaries may receive a referral fee from the vendor for making the goods and services available to you. By taking advantage of the offer made available through Company, you are agreeing to any such fee arrangement.
Links.
The Site may provide, or third parties may provide, links to third party websites not under the control of Company. Company makes no representations of any kind regarding the content of such third-party websites and you hereby irrevocably waive any claim against Company, its affiliates and/or subsidiaries with respect to such websites. You acknowledge and agree that Company 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 Company 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. You agree that any time you access a third-party website that is linked through the Site, you do so at your own risk.
A third-party website that links or seeks to link to the Site: (1) may link to the home page of www.arielpublicity.com (or any other page that Company may designate from time to time), but not replicate any of the Company Materials; (2) may not create a browser, border or frame environment around the Site’s content; (3) may not imply that Ariel Publicity, its subsidiaries, affiliates, and/or licensors, are endorsing it or its products; (4) may not misrepresent its relationship with Company; (5) may not use any logo or other proprietary graphic or trademark of Company, and/or its affiliates, subsidiaries or licensors (including Registered User licensors), as part of any link or otherwise without Company’s express written permission; and (6) may not portray Company, its affiliates, subsidiaries, licensors, directors, officers, employees, clients or their services in a false, misleading, derogatory, or otherwise offensive manner. A third-party website seeking to link to the Site must not violate any laws, and must not advocate unlawful activity or contain content that is not appropriate for all ages. Company expressly reserves the right to remove any links to the Site or request that you remove any links to the Site that are not in compliance with these Terms and Conditions.
Restrictions.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website and/or service.
Representations and Warranties.
You hereby represent and warrant that: (i) you are over the age of 18 and have the power and authority to enter into and perform your obligations under this Agreement, (ii) you shall comply with all Terms and Conditions of this Agreement, (iii) you have provided accurate and complete registration information, including, without limitation, your legal name, address, telephone number and e-mail address, (iv) you own the content submitted by you on the Site or otherwise have the right to grant the license set forth herein, (iv) the posted content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, (v) all material submitted is the original creation of, or is owned and/or validly licensed by, the registered user and that no other third party has any rights or claims thereto and (vi) the submission of content on the Site will not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any content you submit on the Site.
Furthermore, by accessing and using the Site, each Member, New Media Maker, and/or Public User is representing and agreeing that such user has the full right and authority to engage in such transactions, including without limitation any associated credit card transactions, and to enter into binding licensing and other agreements, on such user’s own behalf and/or on behalf of any organization such user purports to represent in connection with such transactions, and assumes full responsibility for all such transactions and agreements.
No Warranties; Liability Disclaimer.
COMPANY PROVIDES THE SITE, SERVICE AND THE SOFTWARE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. COMPANY, ITS AFFILIATES, SUBSIDIARIES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES. THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NOLIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILLBE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. COMPANY MAY CHANGE THE SITE AND/OR SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND/OR SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE AND/OR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICE.
No Guarantee.
You hereby agree and understand that Company makes no representation or warranties regarding the success of its members or the acceptance by the music industry or music-specific resources of the member’s work. It is fully understood that Company provides only a service of access to the music industry and music-specific resources for the member and that such access is not guaranteed.
California Legal Notices.
TO THE EXTENT IT MAY APPLY, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: (GENERAL RELEASE – CLAIMS EXTINGUISHED.) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
LEGAL NOTICES UNDER CALIFORNIA LAW. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information. Current fees for our services may be obtained by contacting Ariel Publicity at contact@arielpublicity.com. Company reserves the right to change its fees or to institute new fees at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 916-445-1254 or 800-952-5210.
Indemnity.
You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party (including Members and/or New Media Makers) due to or arising out of your use of the Site and/or service, including posting material on the Site, in violation of these Terms and Conditions, as may be amended from time to time, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Release.
You hereby release Company, its affiliates, subsidiaries and licensees, from any and all liability arising out of or in connection with any publicity material, biographical information, pictures, photos, logos, trademarks, servicemarks, tapes, songs, or recordings submitted to Company by you or on your behalf, including but not limited to any claims of copyright infringement.
Copyright Policy.
You may not submit, 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. It is the policy of Company to terminate membership privileges of any registered user who infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent 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 Site; 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. Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Ariel Publicity Client Relations and Booking, LLC, 389 12th Street, Brooklyn, NY 11215.
Breach.
In the event of a breach of this Agreement, then all costs and expenses including reasonable attorney fees incurred by the prevailing party therein shall be paid by the other party. The obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgment. Should Company be named as a defendant in any suit brought by or against a user in connection with or arising out of user’s songs, recordings, books, or any materials submitted to Company, user shall pay to Company its costs and expenses incurred in such suit including reasonable attorney fees.
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 our Site and/or service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Termination.
In addition to any other rights of the parties set forth herein, either you or Company may cancel or terminate your access to the Site and/or service. Company also reserves the right to restrict, suspend or terminate your access to the Site and/or service in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms and Conditions. If Company terminates your access to the Site and/or service based on a breach of any portion of these Terms and Conditions, Company reserves the right to refuse to provide use and/or access to any services to you in the future. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or service. If we terminate your service for cause or you terminate the service you will not be entitled to any refund of any sum you have paid us.
Venue/Jurisdiction.
This Agreement shall be interpreted and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles. The courts located in the State of New York, County of New York will have exclusive jurisdiction of any controversies regarding this Agreement; and, any action or other proceeding which involves such a controversy will be brought exclusively in the courts located within the State of New York, County of New York. Your use of this Site indicates your agreement to waive any jurisdictional, venue or inconvenient forum objections to such courts.
Company does not represent or warrant that the Site, the Company Materials, the User Materials, or any specific features or services that may be accessible through the Site are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site and the organizations they represent do so on their own initiative and at their own risk, and are responsible for complying with local laws, if and to the extent local laws are applicable. Company may limit the availability of the Site and/or specific features or services of the Site with respect to any person, geographic area or jurisdiction we choose, at any time, in our sole discretion.
U.S. Export Controls.
Software from this website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other 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 the Software, 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.
Force Majeure.
Company shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.
Interpretation.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
Miscellaneous.
This Agreement cannot be changed, amended or modified orally. A waiver by Company of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. You agree that this Agreement and all incorporated agreements may be assigned by Ariel Publicity, in its sole discretion, to a third party. You may not assign this Agreement or any incorporated agreement without the prior written consent of Ariel Publicity. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the text to which they pertain.
Entire Agreement.
These Terms and Conditions of Use, in combination with the Privacy Policy, at www.arielpublicity.com, and any additional terms or conditions set forth in connection with specific services or features made available through the Site, which are incorporated herein by reference, collectively set forth the entire understanding between you and Ariel Publicity with respect to the subject matter hereof and supersedes all prior written and oral understandings, writings, and representations.
Affirmation of Agreement.
BY CLICKING “ACCEPT” BELOW, YOU, BOTH INDIVIDUALLY AND ACTING ON BEHALF OF ANY ORGANIZATION YOU MAY REPRESENT IN CONNECTION WITH YOUR USE OF THE SITE: (1) REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND/OR ANY SUCH ORGANIZATION; (2) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OR OLDER; (3) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE ABOVE TERMS AND CONDITIONS OF USE, INCLUDING THE COMPANY PRIVACY POLICY, AT WWW.ARIELPUBLICITY.COM; (4) AGREE THAT YOU AND ANY ORGANIZATION YOU REPRESENT WILL BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE AND PRIVACY POLICY; AND (5) THAT BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR MEMBERSHIP AND FOR ANY OTHER CHARGES WHICH YOU MAY INCUR FOR GOODS OR SERVICES ORDERED AT OR IN ASSOCIATION WITH THE SITE, YOU AGREE TO BE RESPONSIBLE FOR FULL PAYMENT OF SUCH CHARGES.