Last Updated: January 1, 2019
JOE SOLO MUSIC+ENTERTAINMENT, INC.
WEB SITE TERMS OF SERVICE
THIS AGREEMENT INCLUDES:
1. Agreement to Contract Electronically
2. Links to Third Party Web Site
4. Intellectual Property
5. Rules of Conduct
6. User Materials License
7. Digital Millennium Copyright Act
10. No Representations or Warranty
11. Limitation of Liability
12. General Legal Provisions
1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree that this electronic Terms of Service Agreement, combined with your accessing and using the Site indicates your agreement with this Agreement which has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
2. LINKS TO THIRD PARTY SITES
The Site may contain links to third party web sites (“Third Party Sites”). SOLO does not endorse and has no control over the content on Third Party Sites. SOLO makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third Party Site. You further acknowledge and agree that SOLO is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Third Party Sites. Please take the time to read the terms of service, privacy and security policies of these Third Party Sites.
You must immediately notify SOLO of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card and/or financial information. Please report any unauthorized use to firstname.lastname@example.org.
4. INTELLECTUAL PROPERTY
Ownership. The Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, “Content”). SOLO, its affiliates and third-party content providers own all right, title and interest in and to the Content. You acknowledge and agree that the Content and Site are protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Except for the limited rights and licenses granted herein, nothing in this Agreement confers to you, whether by implication, estoppel or otherwise, any license, title, or ownership of or to the Site and/or Content.
Limited License. Subject to this Agreement, SOLO grants you a limited right and license to use, on one personal computer, the Content including the materials, features, services, software and technology on this Site solely for your personal, educational, non-commercial use. No other use of the Content is authorized or permitted.
Restrictions. Except as expressly provided herein, you shall not: (i) use any portion of the Site, or any other intellectual property of SOLO, on any other web site, in the source code of any other web site, or in any other printed or electronic materials; (ii) modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute or otherwise use any of the Content or frame this Site within any other web site, without our prior written permission; (iii) reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code of the Site and/or the Content. SOLO reserves the right to block your use of the Site and cancel any access, accounts, memberships or subscriptions due to any actual or alleged violation of any of this Agreement.
5. RULES OF CONDUCT
The Site may include areas that allow end-users to participate in forums such as chat rooms and message boards. SOLO adopted the following rules of conduct in order to assure that end-users who participate in these forums do so in a lawful and appropriate manner. All information, email, content, text, graphics, software, messages or other materials (“User Materials”), whether publicly posted, or privately submitted, by an end user are the sole responsibility of the end user. You are solely responsible for any User Materials that you upload, transmit, post, send, email or otherwise make available via the Site. SOLO is not liable for any User Materials or for any errors or omissions in User Materials or for any loss or damage incurred as a result of the use of any User Materials made available on the Site. SOLO may, but is not obligated to, monitor User Material and reserves the right, in its sole discretion, to block, refuse or remove any User Material from the Site without notice.
The following conduct is prohibited on, or in connection with, the Site:
• sending unlawful, harassing, abusive or threatening messages;
• sending obscene or pornographic messages or images;
• sending hateful, defamatory or libelous messages;
• transmitting any information that may harm minors;
• transmitting any communication or that you do not have a right to under a contractual or fiduciary relationship, that infringes a third party intellectual property right or violates a proprietary right of any third party;
• sending viruses or other harmful, disruptive, or destructive files;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal or fraudulent activity;
• attempting to conceal or misrepresent the identity of the sender;
• forging headers or otherwise manipulating identifiers in order to disguise the origin of a message;
• sending any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
• deleting any legal notices, disclaimers or proprietary notices;
• disrupting the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfering or disrupting the Site servers or networks or any servers or networks connected to the Site; or
• violating any United States state or federal law and/or any applicable international law.
These rules of conduct are strictly enforced. Violations of these rules may result in the end user being blocked from use of the Site.
SOLO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER’S NAME, ACCOUNT INFORMATION, MEMBERSHIP IDENTIFICATION AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SITE OR SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY SOLO TO ADDRESS PAST AND CURRENT VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
6. USER MATERIALS LICENSE
By transmitting, posting, emailing, uploading or otherwise making User Materials available on or via the Site, you represent and warrant to SOLO that you have all right, title and interest in and to such User Materials and grant SOLO a perpetual, irrevocable, worldwide, royalty-free, right and license to use the User Materials in connection with the Site and our services. SOLO owns and feedback, reviews or comments you provide in connection with the Site, and may use that information in any manner, at our sole discretion, without payment or credit to you.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to SOLO’s Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification (“Notification”) must be submitted to the following Designated Agent:
Joe Solo Music+Entertainment, Inc.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
• An electronic or physical signature of the owner or 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, and a description of the infringing activity, including information about where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material;
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
• your address, telephone number, and e-mail 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; and
• 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.
8. CONTESTS AND SWEEPSTAKES
BY USING THE SITE AND/OR SERVICES YOU UNDERSTAND AND AGREE THAT:
(I) THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE AND DOES NOT GUARANTEE PARTICIPATION, PROFESSION OR SUCCESS IN THE EDUCATION INDUSTRY. SOLO IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE AND/OR PROVIDED IN CONNECTION WITH THE SERVICES.
(II) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
(III) SOLO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
(IV) ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
10. NO REPRESENTATION OR WARRANTY
YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. NEITHER SOLO NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS REPRESENTS OR WARRANTS: (I) THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (II) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR SERVICES; (II) RESULTS OF YOUR USE OF ANY PRODUCTS OFFERED FOR SALE ON THE SITE; AND/OR (IV) IN CONNECTION WITH YOUR USE OF THE SITE AND/OR ANY EDUCATIONAL MATERIALS INCLUDING WITHOUT LIMITATION EMAILS, TIPS, VIDEOS, TWEETS, BOOKS AND OR ANY OTHER INFORMATION, ADVICE AND RECOMMENDATIONS PROVIDED BY SOLO AND/OR ITS PROVIDERS.
11. LIMITATION OF LIABILITY
SOLO IS NOT LIABLE FOR ANY INJURY OR LOSS, CLAIM OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THE SITE OR SERVICES; (ii) THE DELAY OR INABILITY TO USE THE SITE OR SERVICES; (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE AND/OR SERVICES (iv) THE INABILITY TO ACCESS OR USE THE SITE AND/OR SERVICES OR FROM YOUR RELIANCE ON ANY CONTENT AND/OR INFORMATION PROVIDED ON THE SITE AND SERVICES, OR ON THIRD PARTY SITES LINKED TO FROM THE SITE, EVEN IF SOLO HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DAMAGES ARE LIMITED TO $100.00 AS PERMITTED BY APPLICABLE LAW.
12. GENERAL LEGAL PROVISIONS
Reservation of Rights. SOLO reserves the right to deny or block access to the Site to anyone at any time and to terminate this Agreement at any time without notice, in its sole discretion.
Termination. At any time and without prior notice, SOLO may immediately terminate your access to the Site for: (1) breach of this Agreement; (2) requests by law enforcement or other government agencies; (3) discontinuance or material modification to the Site (or any part thereof); and/or (4) unexpected technical or security issues or problems. You agree that termination for cause is at SOLO’s sole discretion and SOLO is not liable to you or any third party for termination of your access to the Site. You agree that any account you set up with SOLO will be terminated upon your death.
Indemnification. You agree to defend, indemnify and hold SOLO, its affiliates and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of either Site, harmless from and against all claims, liabilities and expenses (including attorneys’ fees) that may arise from your use of the Site, any Account set up in connection with the Site, User Materials, violation of the rights of others and/or breach of this Agreement.
Applicable Law and Jurisdiction. The Site is controlled and operated by SOLO, from its offices in Los Angeles, California. This Terms of Service Agreement is governed and controlled by the laws of California. By accessing, and/or using this Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Los Angeles, California. In addition, you consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.
International Use. Neither SOLO nor its affiliates make any representation that the Site and Content are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
Contact Us! If you have any questions or comments regarding the Site or this Agreement send an e-mail to email@example.com (LINK)
© 2019 Joe Solo Music+Entertainment, Inc. All Rights Reserved. Joe Solo Music+Entertainment, Inc. names and logos are service marks of Joe Solo Music+Entertainment, Inc. All other content, copyrights, trademarks, service marks and other intellectual property included on the Site are the exclusive property of Joe Solo Music+Entertainment, Inc. and/or our affiliates, partners and licensors. All Rights Reserved.