Fan Terms of Use and Privacy Policy
Artist Agreement
Copyright Policy and Procedures
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
The following are terms of a legal agreement, together with all updates, additional terms and all of DiscRevolt's rules and policies (collectively the "Agreement") between you and Sound Council, Inc., d/b/a DiscRevolt ("DiscRevolt", "we", "us" or "our"). These terms and conditions apply to a user ("user," "you," or "your") who accesses, browses and/or otherwise uses this website ("Site") and/or the services provided by this Site ("Services"). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all of DiscRevolt's rules and policies, including the Privacy Policy, and all applicable laws and regulations.
This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately, or if for any reason you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site.
The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site. If you have any questions regarding this Agreement, or any agreement or document herein incorporated, please contact DiscRevolt at tou@discrevolt.com.
This Agreement applies to your access to, and browsing and/or use of, this Site and the Services and does not alter in any way the terms and conditions of any other agreement you may have with DiscRevolt for products, software, services or otherwise, unless otherwise directed by DiscRevolt.
1. Registration. DiscRevolt may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which is hereby incorporated by reference, as it describes the personally identifiable information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
You agree to provide accurate, current, and complete information required to register with the Services and at other points as may be required in the course of using the Site and Services. You further agree to maintain and update your account information as required to keep it accurate, current, and complete. DiscRevolt may terminate your rights to any or all of the Site and Services if any information you provide is false, inaccurate or incomplete. You agree that DiscRevolt may store and use the account information you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
2. Website Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Site (collectively, the "Content"), are the sole responsibility of the person from whom such Content originated. You understand that DiscRevolt does not control, and is not responsible for Content made available through this Site, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will DiscRevolt be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Site. Content types (including genres, sub-genres and the like) and descriptions are provided for convenience, and you acknowledge and agree that DiscRevolt does not guarantee their accuracy.
3. User Content. DiscRevolt does not claim ownership of the Content you provide to DiscRevolt (including feedback and suggestions) or post, upload, input or submit to the Site. However, by posting, uploading, inputting, providing or submitting your Content, you are granting DiscRevolt and its licensors a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to use your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; publish your name in connection with your Content; and sublicense any such rights. No compensation will be paid with respect to the use of your Content, except as agreed to otherwise in writing. DiscRevolt is under no obligation to post or use any Content you may provide, and DiscRevolt may remove any Content at any time in its sole discretion. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content. Further, you acknowledge, consent and agree that DiscRevolt 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 this Agreement and any documents incorporated herein, (c) respond to claims that any Content violates the rights of third parties, (d) respond to requests for customer service, or (e) protect the rights, property or personal safety of DiscRevolt, its users, and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
4. System Requirements. Use of the Services requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site or the Services involves hardware, software, and Internet access, your ability to use the Site or the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site or the Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site or the Services.
5. Intellectual Property. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files, including without limitation, the selection, sequence, 'look and feel' and arrangement thereof (the "Materials") are copyrighted Materials, ALL RIGHTS RESERVED. THE USE OF THE MATERIALS OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT
DiscRevolt, the DiscRevolt logo, the slogan 'Artists Fans Downloads' and other DiscRevolt trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Sound Council, Inc. in the U.S. and/or other countries (the "DiscRevolt Marks"). Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners (the "Third Party Marks"). The terms "DiscRevolt Marks" and "Third Party Marks" are collectively referred to as the "Marks". In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of DiscRevolt or the owner of the Mark(s) at issue. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site, without the express written permission of DiscRevolt or the owner of the Mark(s) at issue. The misuse of the Marks displayed on this Site is strictly prohibited. The term "Materials" includes "Marks" as well.
This Site, the Materials, the Marks, the Services, including, without limitation, any of DiscRevolt's or its licensor's Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of the DiscRevolt, its suppliers or other third parties.
Any Materials that are made available to download from this Site are the copyrighted work of DiscRevolt and/or its or suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
6. Rules of Conduct. You acknowledge and agree that your use of the Services and Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You acknowledge and agree that you do not acquire any ownership rights by using the Site, the Services, the Marks or the Materials. You shall not, allow, or enable others to: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use, or otherwise, without the prior written approval of DiscRevolt, (c) "frame" or "mirror" any Materials contained on this Site on any other server without the prior written permission from DiscRevolt, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Site, Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, (g) delete or write over any portion of any software relating in any manner to the Site or the Services, (h) provide, post, upload, input or submit libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, (i) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing", (j) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or (k) forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason. You also agree that you shall only use this Site, the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of this Site, the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of this Site and the Services shall not violate or infringe the rights of any third party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorized use of the Services, the Marks and/or the Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. DiscRevolt reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
7. Monitoring the Site. DiscRevolt has the right, but not the obligation, to monitor this Site, and DiscRevolt as a general practice does not monitor this Site or any Content posted hereon or otherwise submitted hereto. Notwithstanding the foregoing, DiscRevolt reserves the right, but not the obligation, to refuse to post or to remove any Content, or any information or materials from any portion of this Site, in whole or in part, that, in DiscRevolt's sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. You acknowledge that DiscRevolt may establish general practices and limits concerning use of this Site, including without limitation, limiting the maximum number of days that message board postings or other uploaded Content will be retained by this Site, the maximum disk space that will be allotted on DiscRevolt servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access this Site in a given period of time. You agree that DiscRevolt has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over this Site, or (d) other Content maintained or transmitted by this Site. Please remember that this Site and any chat rooms, message boards, or other such forums or communities are merely provided as venues for users to upload, use, exchange and edit Content. DiscRevolt is not responsible for any user's Content that may appear on this Site; nor is DiscRevolt responsible for or involved in reviewing, editing, or removing any Content on this Site. DiscRevolt also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. DiscRevolt does not assume any liability associated with a user's use of the Services, the Materials, or this Site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws.
8. Hyperlinks. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, DiscRevolt, or any of DiscRevolt's subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. DiscRevolt does not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether the Site's or DiscRevolt's logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.
9. Agreement to Pay. All fees shall be at the then current prices. Upon registering for use of the Services or purchase of products, merchandise or goods, you must choose to pay either by redemption of credits from a DiscRevolt Card, redemption of credits from your DiscRevolt account, or by direct charge to a credit or a debit card, and, in doing so, you authorize DiscRevolt to reduce credits from your DiscRevolt Card or DiscRevolt account, or to charge your credit or debit card to pay for any charges that may apply to your account. You must notify DiscRevolt of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit DiscRevolt from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by DiscRevolt. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed, other than taxes based on DiscRevolt's net income. Prices and availability of any Services, products, merchandise or goods are subject to change at any time. DiscRevolt reserves the right to change prices for Services, products, merchandise, or goods offered at the Site at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
PLEASE NOTE: We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit card issues please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.
10. Electronic Signatures and Contracts. Your use of the Services includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
11. Delivery of Products. Any products, merchandise, or goods that are purchased from this Site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by DiscRevolt (or any agent, subcontractor, or other third party working on behalf of DiscRevolt) to its carrier. While DiscRevolt and its affiliates strive to be as accurate as possible, DiscRevolt and its affiliates do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error-free.
12. DiscRevolt Cards. DiscRevolt Cards, regardless of where purchased or acquired, are for purchases on the Site only. The term "DiscRevolt Cards" means customizable cards (physical and online) that provide you with credits redeemable on the Site. DiscRevolt Cards may not be redeemed for cash.
13. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to DiscRevolt is done so at your own risk.
14. Deactivation or Termination. You may deactivate your account on the Site, at any time and for any reason, by accessing your account online and updating your preferences. DiscRevolt may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
15. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL SERVICES, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Content and Materials associated with your use of the Site.
IN NO CASE SHALL DISCREVOLT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, 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 (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DISCREVOLT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
16. Indemnification and Release. By using the Services you agree to indemnify, defend and hold the Site, DiscRevolt, or DiscRevolt's subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Content or materials you submit or transmit to this Site, or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site and any Services. In addition, if you have a dispute with one or more users, you agree to release DiscRevolt (and its officers, directors, agents, assigns, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in connection with, any such disputes.
DiscRevolt reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with DiscRevolt in the defense of any such claim, action, settlement or compromise negotiations, as requested by DiscRevolt.
17. Privacy. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.
18. Advertising. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
19. Contests, Sweepstakes, Auctions and Promotions. From time to time, DiscRevolt, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
20. Territory. The Services is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Services from outside of the available territory, and that DiscRevolt may use technologies to verify your compliance.
21. Copyright Infringement. If you believe that the Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Services Provider: Sound Council Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Cindy J. Ingram
Full Address of Designated Agent to Which Notification Should be Sent:
320 Prospect Place, Alpharetta, GA 30005
Telephone Number of Designated Agent:
(678) 381-2700
Facsimile Number of Designated Agent:
(678) 381-2705
Email Address of Designated Agent:
cindy@discrevolt.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1)An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2)Identification of the copyrighted work (or works) that you claim has been infringed;
(3)A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4)A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5)Your name, address, telephone number, and e-mail address;
(6)A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7)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.
22. Force Majeure. DiscRevolt shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
23. Notices. All Notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by U.S. Mail, (iii) by facsimile transmission, or (iv) by a posting on the Site. Notices shall become effective immediately.
24. Modification. DiscRevolt may revise this Agreement at any time without notice by updating this posting. By accessing, browsing and/or otherwise using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. Any new Materials, Content, Services or features on this Site shall be subject to this Agreement.
25. Assignment. DiscRevolt may freely assign this Agreement without your prior consent and all of DiscRevolt's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of DiscRevolt, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns
26. Governing Law. This Agreement shall be construed under the internal laws of the State of Georgia applicable to agreements to be performed wholly therein without regard to conflict of law principles, and both parties agree that only the Georgia Courts shall have jurisdiction over this Agreement and any controversies arising out of this Agreement shall be brought by the parties to the state or federal courts of the State of Georgia, County of Fulton, and they hereby grant sole and exclusive jurisdiction to such court(s) and to any appellate courts having jurisdiction over appeals from such court(s).
27. General. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter. You may be subject to additional terms and conditions that may apply when you use affiliated services or third-party content. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. There are no third party beneficiaries to this Agreement. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions. The failure of DiscRevolt to require performance of you of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by DiscRevolt of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
The current version of this Agreement is dated November 21, 2006 and is effective immediately.
PRIVACY POLICY
Sound Council, Inc., d/b/a DiscRevolt, ("DiscRevolt") is committed to maintaining your trust and confidence. This online Privacy Policy is intended to protect and secure the personally identifiable information (any information by which you can be identified) you provide to DiscRevolt through this website (the "Site"). We do not collect and keep any personal information online from you unless you volunteer it and you are 13 or older. If you are not yet 13 years old please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide any personally identifiable information.
This online Privacy Policy is intended to explain our privacy practices and inform you of the way your information is collected and used, the circumstances under which we disclose personal information to third parties, how you can access, update or delete any personal information collected about you by us, and to make you aware of our security practices. Please note that the use of information that we gather is subject to the Privacy Policy in effect at the time of use. You should check this Site frequently to see recent changes in this Site's Privacy Policy and its Terms of Use.
What Information Is Collected?
There are a number of situations in which your personally identifiable information may help us give you better service. For example we may ask for your personally identifiably information when you sign up for an account, when you conduct a search on this Site, place an order for products, complete a survey or an entry form for sweepstakes or contests, refer a friend and participate in forums and chat rooms or other Site features. We may also ask you to voluntarily provide us with information regarding, for example, your personal or professional interests, occupation, demographics, experiences with the services we provide and contact preferences.
DiscRevolt doesn't require anyone to share any personal information about themselves in order to enjoy our website. That means you can visit our site without any need to login with us. However, our site may contain special sections and privileges for those that login. We do not collect any personal information from you online unless it is voluntarily provided, for instance signing up for an account, completing our online surveys or requesting information. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address, and, in the case of online purchase, credit card number and expiration date. In order to continuously improve our service to you and tailor our future communications to you, we may also ask you to provide us with information regarding your demographics, comments, personal interests, and contact preferences.
From time-to-time our site requests information from users through surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as zip code and age level).
If a user elects to use our referral service for informing a friend about our site or to send site content, we ask them for the friend's name and e-mail address. DiscRevolt will automatically send the friend a one-time e-mail inviting them to visit the site.
If you use a bulletin board or chat room on the Site you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. DiscRevolt is not responsible for the personally identifiable information you choose to submit in these forums.
How The Information Is Used.
DiscRevolt uses your information to understand your needs and provide you with better online services. We use the personal information we collect for a variety of reasons. For instance, we may use your information to fulfill a product order, complete a request for information, or personalize the website for you. Occasionally, we might also email you to provide information on upcoming events, website updates and promotions. You can elect not to receive this information when you register. If you want to stop receiving such updates at any time, you can access your account online and update your preferences. Our emails will also include information allowing you to ask not to receive such information in the future.
What Information Is Disclosed?
DiscRevolt currently does not disclose to third parties personally identifiable information that you provide, except from time to time, we may transfer, disclose or share such information with third parties who may be engaged by us specifically to handle and deliver certain online activities or provide products and services to you on our behalf. These third parties may help us send electronic newsletters, process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, handle credit card processing, conduct customer research or satisfaction surveys. Such third parties have access to personal information needed to perform their functions, but may not use it for other purposes. Additionally, in the event that all or substantially all of the assets relating to DiscRevolt are transferred or sold to another entity, personally identifiable information submitted to us may be transferred to the acquiring entity. Finally, we may also disclose personally identifiable information to third parties in order to comply with law or requests by law enforcement agencies or to protect the rights, property or safety of our website, users of our website and others, or other issues of public importance.
Cookies and Log Data.
A cookie is a piece of data stored on the user's hard drive containing information about the user. A cookie is used to remember your log-in information when you revisit our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user may be limited in some areas of our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Even though a cookie is stored on the user's hard drive.
Some of our partners may use cookies on our site. However, we have no access to or control over these cookies. These cookies are subject to the privacy policies of our partners.
As is true for most website, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browsers type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, administer the Site, track user's movement, and gather broad demographic information for aggregate use.
DiscRevolt may also use a pixel tag (also called Web beacons) in some of our emails, which is linked to content on the Site. When a customer clicks on one of these pixel tags we are able to determine whether you have opened, or acted upon, a promotional email and which links you have clicked on in order to deliver to you more focused emails communications and other information, allows us to count the number of users who have visited certain website pages, and enables us to compile aggregated statistics and determine the efficacy of promotions by using such pixel tags from third parties, without allowing such third parties to use such pixel tags to collect or access your personal information.
In addition we may use a "click-through URL" linked to content on the Site. When a customer clicks one of these URLs, they pass though our web server before arriving at a destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
Links to Outside Websites.
The DiscRevolt website links to third party websites and documents located on websites maintained by other organizations or individuals. Once you access a link to another website, please be aware that DiscRevolt is not responsible for the privacy practices or the content of such websites. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites.
Updating Preferences and Opting-Out.
To update your contact information, change your mail or email preferences on how we contact you, or instruct us not to share your information with a third party, you can access your account online if you have an online account with us. Please remember that it may take time for all of our systems to be updated. To opt-out of receiving electronic newsletters, emails or other offers and services from DiscRevolt at any time, follow the instructions in the email or access your account online and update your preferences.
Children.
DiscRevolt does not knowingly collect and keep personal information online from children under the age of 13, except in limited circumstances authorized by law and described in this Privacy Policy.
Security.
DiscRevolt has taken steps to safeguard your personally identifiable information collected through the Site against loss, theft, misuses, unauthorized access, disclosure, alteration and destruction. When users submit sensitive information through the DiscRevolt website, your information is protected both online and off-line.
When making a purchase on the Site, your sensitive information (such as a credit card number) that is entered is protected using Secure Socket Layer (SSL) encryption. In order to utilize this security measure you must use an SSL-enabled browser such as Safari, Firefox, Netscape Navigator or Microsoft Internet Explorer.
While we use SSL encryption to protect sensitive information on-line, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only people who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Anytime new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected.
Contacting Us.
If you have any questions, comments or concerns regarding DiscRevolt's Privacy Policy and/or practices, please contact us at:
DiscRevolt
320 Prospect Place, Alpharetta, GA 30005
Attn: Privacy Coordinator
Email: privacy@discrevolt.com
Disputes.
Any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitation on damages and application of the law of the State of Georgia. If you have any concern about your privacy in connection with this policy, please send a thorough description to privacy@discrevolt.com, and we will do our best to resolve it.
Updates.
DiscRevolt may update its Privacy Policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated Privacy Policy.
The current version of this Privacy Policy is dated November 21, 2006 and is effective immediately.
The following are terms of a legal agreement, together with all updates, additional terms and all of DiscRevolt's rules and policies (collectively the "Agreement") between you and Sound Council, Inc., d/b/a DiscRevolt ("DiscRevolt", "we", "us" or "our"). These terms and conditions apply to a user ("user," "you," or "your") who accesses, browses and/or otherwise uses this website ("Site") and/or the services provided by this Site ("Services"). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all of DiscRevolt's rules and policies, including the Privacy Policy, and all applicable laws and regulations.
This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately, or if for any reason you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Site.
The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site. If you have any questions regarding this Agreement, or any agreement or document herein incorporated, please contact DiscRevolt at tou@discrevolt.com.
This Agreement applies to your access to, and browsing and/or use of, this Site and the Services and does not alter in any way the terms and conditions of any other agreement you may have with DiscRevolt for products, software, services or otherwise, unless otherwise directed by DiscRevolt.
1. Registration. DiscRevolt may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which is hereby incorporated by reference, as it describes the personally identifiable information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
You agree to provide accurate, current, and complete information required to register with the Services and at other points as may be required in the course of using the Site and Services. You further agree to maintain and update your account information as required to keep it accurate, current, and complete. DiscRevolt may terminate your rights to any or all of the Site and Services if any information you provide is false, inaccurate or incomplete. You agree that DiscRevolt may store and use the account information you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
2. Website Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Site (collectively, the "Content"), are the sole responsibility of the person from whom such Content originated. You understand that DiscRevolt does not control, and is not responsible for Content made available through this Site, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will DiscRevolt be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Site. Content types (including genres, sub-genres and the like) and descriptions are provided for convenience, and you acknowledge and agree that DiscRevolt does not guarantee their accuracy.
3. User Content. DiscRevolt does not claim ownership of the Content you provide to DiscRevolt (including feedback and suggestions) or post, upload, input or submit to the Site. However, by posting, uploading, inputting, providing or submitting your Content, you are granting DiscRevolt and its licensors a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to use your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; publish your name in connection with your Content; and sublicense any such rights. No compensation will be paid with respect to the use of your Content, except as agreed to otherwise in writing. DiscRevolt is under no obligation to post or use any Content you may provide, and DiscRevolt may remove any Content at any time in its sole discretion. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content. Further, you acknowledge, consent and agree that DiscRevolt 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 this Agreement and any documents incorporated herein, (c) respond to claims that any Content violates the rights of third parties, (d) respond to requests for customer service, or (e) protect the rights, property or personal safety of DiscRevolt, its users, and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
4. System Requirements. Use of the Services requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site or the Services involves hardware, software, and Internet access, your ability to use the Site or the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site or the Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site or the Services.
5. Intellectual Property. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files, including without limitation, the selection, sequence, 'look and feel' and arrangement thereof (the "Materials") are copyrighted Materials, ALL RIGHTS RESERVED. THE USE OF THE MATERIALS OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT
DiscRevolt, the DiscRevolt logo, the slogan 'Artists Fans Downloads' and other DiscRevolt trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Sound Council, Inc. in the U.S. and/or other countries (the "DiscRevolt Marks"). Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners (the "Third Party Marks"). The terms "DiscRevolt Marks" and "Third Party Marks" are collectively referred to as the "Marks". In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of DiscRevolt or the owner of the Mark(s) at issue. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site, without the express written permission of DiscRevolt or the owner of the Mark(s) at issue. The misuse of the Marks displayed on this Site is strictly prohibited. The term "Materials" includes "Marks" as well.
This Site, the Materials, the Marks, the Services, including, without limitation, any of DiscRevolt's or its licensor's Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of the DiscRevolt, its suppliers or other third parties.
Any Materials that are made available to download from this Site are the copyrighted work of DiscRevolt and/or its or suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
6. Rules of Conduct. You acknowledge and agree that your use of the Services and Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You acknowledge and agree that you do not acquire any ownership rights by using the Site, the Services, the Marks or the Materials. You shall not, allow, or enable others to: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use, or otherwise, without the prior written approval of DiscRevolt, (c) "frame" or "mirror" any Materials contained on this Site on any other server without the prior written permission from DiscRevolt, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Site, Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, (g) delete or write over any portion of any software relating in any manner to the Site or the Services, (h) provide, post, upload, input or submit libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, (i) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing", (j) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or (k) forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason. You also agree that you shall only use this Site, the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of this Site, the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of this Site and the Services shall not violate or infringe the rights of any third party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorized use of the Services, the Marks and/or the Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. DiscRevolt reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
7. Monitoring the Site. DiscRevolt has the right, but not the obligation, to monitor this Site, and DiscRevolt as a general practice does not monitor this Site or any Content posted hereon or otherwise submitted hereto. Notwithstanding the foregoing, DiscRevolt reserves the right, but not the obligation, to refuse to post or to remove any Content, or any information or materials from any portion of this Site, in whole or in part, that, in DiscRevolt's sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. You acknowledge that DiscRevolt may establish general practices and limits concerning use of this Site, including without limitation, limiting the maximum number of days that message board postings or other uploaded Content will be retained by this Site, the maximum disk space that will be allotted on DiscRevolt servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access this Site in a given period of time. You agree that DiscRevolt has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over this Site, or (d) other Content maintained or transmitted by this Site. Please remember that this Site and any chat rooms, message boards, or other such forums or communities are merely provided as venues for users to upload, use, exchange and edit Content. DiscRevolt is not responsible for any user's Content that may appear on this Site; nor is DiscRevolt responsible for or involved in reviewing, editing, or removing any Content on this Site. DiscRevolt also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. DiscRevolt does not assume any liability associated with a user's use of the Services, the Materials, or this Site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws.
8. Hyperlinks. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, DiscRevolt, or any of DiscRevolt's subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. DiscRevolt does not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether the Site's or DiscRevolt's logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.
9. Agreement to Pay. All fees shall be at the then current prices. Upon registering for use of the Services or purchase of products, merchandise or goods, you must choose to pay either by redemption of credits from a DiscRevolt Card, redemption of credits from your DiscRevolt account, or by direct charge to a credit or a debit card, and, in doing so, you authorize DiscRevolt to reduce credits from your DiscRevolt Card or DiscRevolt account, or to charge your credit or debit card to pay for any charges that may apply to your account. You must notify DiscRevolt of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit DiscRevolt from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by DiscRevolt. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed, other than taxes based on DiscRevolt's net income. Prices and availability of any Services, products, merchandise or goods are subject to change at any time. DiscRevolt reserves the right to change prices for Services, products, merchandise, or goods offered at the Site at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
PLEASE NOTE: We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit card issues please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.
10. Electronic Signatures and Contracts. Your use of the Services includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
11. Delivery of Products. Any products, merchandise, or goods that are purchased from this Site are made according to a shipment contract whereby risk of loss and title for such products, merchandise, or goods is passed to you upon delivery by DiscRevolt (or any agent, subcontractor, or other third party working on behalf of DiscRevolt) to its carrier. While DiscRevolt and its affiliates strive to be as accurate as possible, DiscRevolt and its affiliates do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error-free.
12. DiscRevolt Cards. DiscRevolt Cards, regardless of where purchased or acquired, are for purchases on the Site only. The term "DiscRevolt Cards" means customizable cards (physical and online) that provide you with credits redeemable on the Site. DiscRevolt Cards may not be redeemed for cash.
13. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to DiscRevolt is done so at your own risk.
14. Deactivation or Termination. You may deactivate your account on the Site, at any time and for any reason, by accessing your account online and updating your preferences. DiscRevolt may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
15. DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL SERVICES, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Content and Materials associated with your use of the Site.
IN NO CASE SHALL DISCREVOLT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, 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 (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DISCREVOLT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
16. Indemnification and Release. By using the Services you agree to indemnify, defend and hold the Site, DiscRevolt, or DiscRevolt's subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Content or materials you submit or transmit to this Site, or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site and any Services. In addition, if you have a dispute with one or more users, you agree to release DiscRevolt (and its officers, directors, agents, assigns, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in connection with, any such disputes.
DiscRevolt reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with DiscRevolt in the defense of any such claim, action, settlement or compromise negotiations, as requested by DiscRevolt.
17. Privacy. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.
18. Advertising. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
19. Contests, Sweepstakes, Auctions and Promotions. From time to time, DiscRevolt, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
20. Territory. The Services is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Services from outside of the available territory, and that DiscRevolt may use technologies to verify your compliance.
21. Copyright Infringement. If you believe that the Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Services Provider: Sound Council Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Cindy J. Ingram
Full Address of Designated Agent to Which Notification Should be Sent:
320 Prospect Place, Alpharetta, GA 30005
Telephone Number of Designated Agent:
(678) 381-2700
Facsimile Number of Designated Agent:
(678) 381-2705
Email Address of Designated Agent:
cindy@discrevolt.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1)An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2)Identification of the copyrighted work (or works) that you claim has been infringed;
(3)A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4)A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5)Your name, address, telephone number, and e-mail address;
(6)A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7)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.
22. Force Majeure. DiscRevolt shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
23. Notices. All Notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by U.S. Mail, (iii) by facsimile transmission, or (iv) by a posting on the Site. Notices shall become effective immediately.
24. Modification. DiscRevolt may revise this Agreement at any time without notice by updating this posting. By accessing, browsing and/or otherwise using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. Any new Materials, Content, Services or features on this Site shall be subject to this Agreement.
25. Assignment. DiscRevolt may freely assign this Agreement without your prior consent and all of DiscRevolt's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of DiscRevolt, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns
26. Governing Law. This Agreement shall be construed under the internal laws of the State of Georgia applicable to agreements to be performed wholly therein without regard to conflict of law principles, and both parties agree that only the Georgia Courts shall have jurisdiction over this Agreement and any controversies arising out of this Agreement shall be brought by the parties to the state or federal courts of the State of Georgia, County of Fulton, and they hereby grant sole and exclusive jurisdiction to such court(s) and to any appellate courts having jurisdiction over appeals from such court(s).
27. General. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter. You may be subject to additional terms and conditions that may apply when you use affiliated services or third-party content. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. There are no third party beneficiaries to this Agreement. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions. The failure of DiscRevolt to require performance of you of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by DiscRevolt of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
The current version of this Agreement is dated November 21, 2006 and is effective immediately.
PRIVACY POLICY
Sound Council, Inc., d/b/a DiscRevolt, ("DiscRevolt") is committed to maintaining your trust and confidence. This online Privacy Policy is intended to protect and secure the personally identifiable information (any information by which you can be identified) you provide to DiscRevolt through this website (the "Site"). We do not collect and keep any personal information online from you unless you volunteer it and you are 13 or older. If you are not yet 13 years old please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide any personally identifiable information.
This online Privacy Policy is intended to explain our privacy practices and inform you of the way your information is collected and used, the circumstances under which we disclose personal information to third parties, how you can access, update or delete any personal information collected about you by us, and to make you aware of our security practices. Please note that the use of information that we gather is subject to the Privacy Policy in effect at the time of use. You should check this Site frequently to see recent changes in this Site's Privacy Policy and its Terms of Use.
What Information Is Collected?
There are a number of situations in which your personally identifiable information may help us give you better service. For example we may ask for your personally identifiably information when you sign up for an account, when you conduct a search on this Site, place an order for products, complete a survey or an entry form for sweepstakes or contests, refer a friend and participate in forums and chat rooms or other Site features. We may also ask you to voluntarily provide us with information regarding, for example, your personal or professional interests, occupation, demographics, experiences with the services we provide and contact preferences.
DiscRevolt doesn't require anyone to share any personal information about themselves in order to enjoy our website. That means you can visit our site without any need to login with us. However, our site may contain special sections and privileges for those that login. We do not collect any personal information from you online unless it is voluntarily provided, for instance signing up for an account, completing our online surveys or requesting information. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address, and, in the case of online purchase, credit card number and expiration date. In order to continuously improve our service to you and tailor our future communications to you, we may also ask you to provide us with information regarding your demographics, comments, personal interests, and contact preferences.
From time-to-time our site requests information from users through surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address), and demographic information (such as zip code and age level).
If a user elects to use our referral service for informing a friend about our site or to send site content, we ask them for the friend's name and e-mail address. DiscRevolt will automatically send the friend a one-time e-mail inviting them to visit the site.
If you use a bulletin board or chat room on the Site you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. DiscRevolt is not responsible for the personally identifiable information you choose to submit in these forums.
How The Information Is Used.
DiscRevolt uses your information to understand your needs and provide you with better online services. We use the personal information we collect for a variety of reasons. For instance, we may use your information to fulfill a product order, complete a request for information, or personalize the website for you. Occasionally, we might also email you to provide information on upcoming events, website updates and promotions. You can elect not to receive this information when you register. If you want to stop receiving such updates at any time, you can access your account online and update your preferences. Our emails will also include information allowing you to ask not to receive such information in the future.
What Information Is Disclosed?
DiscRevolt currently does not disclose to third parties personally identifiable information that you provide, except from time to time, we may transfer, disclose or share such information with third parties who may be engaged by us specifically to handle and deliver certain online activities or provide products and services to you on our behalf. These third parties may help us send electronic newsletters, process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, handle credit card processing, conduct customer research or satisfaction surveys. Such third parties have access to personal information needed to perform their functions, but may not use it for other purposes. Additionally, in the event that all or substantially all of the assets relating to DiscRevolt are transferred or sold to another entity, personally identifiable information submitted to us may be transferred to the acquiring entity. Finally, we may also disclose personally identifiable information to third parties in order to comply with law or requests by law enforcement agencies or to protect the rights, property or safety of our website, users of our website and others, or other issues of public importance.
Cookies and Log Data.
A cookie is a piece of data stored on the user's hard drive containing information about the user. A cookie is used to remember your log-in information when you revisit our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user may be limited in some areas of our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Even though a cookie is stored on the user's hard drive.
Some of our partners may use cookies on our site. However, we have no access to or control over these cookies. These cookies are subject to the privacy policies of our partners.
As is true for most website, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browsers type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, administer the Site, track user's movement, and gather broad demographic information for aggregate use.
DiscRevolt may also use a pixel tag (also called Web beacons) in some of our emails, which is linked to content on the Site. When a customer clicks on one of these pixel tags we are able to determine whether you have opened, or acted upon, a promotional email and which links you have clicked on in order to deliver to you more focused emails communications and other information, allows us to count the number of users who have visited certain website pages, and enables us to compile aggregated statistics and determine the efficacy of promotions by using such pixel tags from third parties, without allowing such third parties to use such pixel tags to collect or access your personal information.
In addition we may use a "click-through URL" linked to content on the Site. When a customer clicks one of these URLs, they pass though our web server before arriving at a destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
Links to Outside Websites.
The DiscRevolt website links to third party websites and documents located on websites maintained by other organizations or individuals. Once you access a link to another website, please be aware that DiscRevolt is not responsible for the privacy practices or the content of such websites. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites.
Updating Preferences and Opting-Out.
To update your contact information, change your mail or email preferences on how we contact you, or instruct us not to share your information with a third party, you can access your account online if you have an online account with us. Please remember that it may take time for all of our systems to be updated. To opt-out of receiving electronic newsletters, emails or other offers and services from DiscRevolt at any time, follow the instructions in the email or access your account online and update your preferences.
Children.
DiscRevolt does not knowingly collect and keep personal information online from children under the age of 13, except in limited circumstances authorized by law and described in this Privacy Policy.
Security.
DiscRevolt has taken steps to safeguard your personally identifiable information collected through the Site against loss, theft, misuses, unauthorized access, disclosure, alteration and destruction. When users submit sensitive information through the DiscRevolt website, your information is protected both online and off-line.
When making a purchase on the Site, your sensitive information (such as a credit card number) that is entered is protected using Secure Socket Layer (SSL) encryption. In order to utilize this security measure you must use an SSL-enabled browser such as Safari, Firefox, Netscape Navigator or Microsoft Internet Explorer.
While we use SSL encryption to protect sensitive information on-line, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only people who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Anytime new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected.
Contacting Us.
If you have any questions, comments or concerns regarding DiscRevolt's Privacy Policy and/or practices, please contact us at:
DiscRevolt
320 Prospect Place, Alpharetta, GA 30005
Attn: Privacy Coordinator
Email: privacy@discrevolt.com
Disputes.
Any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitation on damages and application of the law of the State of Georgia. If you have any concern about your privacy in connection with this policy, please send a thorough description to privacy@discrevolt.com, and we will do our best to resolve it.
Updates.
DiscRevolt may update its Privacy Policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated Privacy Policy.
The current version of this Privacy Policy is dated November 21, 2006 and is effective immediately.
Artist Agreement
This Artist Agreement ("Agreement") is made and entered into between Sound Council, Inc., d/b/a DiscRevolt (hereafter "DiscRevolt", "we", "our" or "us"), and you ("you" or your" means the person that accepts this Agreement), and is effective as of the date you complete the following (the "Effective Date"):
1.)You provide complete and accurate information, as requested in the "Artist Information" form, to DiscRevolt, and
2.)You check the box acknowledging that you have read and accept the terms and conditions of this Agreement during the account sign-up process.
1. General. This Agreement applies to your use of website hosting, content distribution and customizable download cards (the "Services") offered by DiscRevolt. All Services offered are subject to availability prior to signing up and during the Term of this Agreement.
2. Term and Termination.
2.1 This Agreement will apply as long as the Artist Material is Submitted to DiscRevolt (the "Term") or until terminated, as provided herein. "Artist Material" shall include, but is not limited to, artwork, graphics, images, photographs, songs, recordings, lyrics, charts, videos, liner notes, biographical material and metadata. Artist Material is "Submitted" to DiscRevolt by uploading it to your designated website space (the "Artist Account") located on the DiscRevolt Website, which is the website located at http://www.discrevolt.com, or such other URL as DiscRevolt may designate.
2.2 You may end this Agreement at any time by following instructions provided in your Artist Account.
2.3 You agree that DiscRevolt, in its sole discretion, may terminate or restrict your use or access to your Artist Account and/or the DiscRevolt Website (or any part there of) for any reason, including, without limitation, that DiscRevolt believes you have violated or acted inconsistently with the letter or spirit of this Agreement, or terms, conditions or policies contained within the DiscRevolt Website.
2.4 Certain provisions of this Agreement, such as your warranties and indemnities, may still apply even after the end of the Term or termination.
3. Territory. The territory of this Agreement is the universe (the "Territory"). When used in this Agreement, with respect to Artist Material, Territory shall include the country or countries where one (1) or more of the Artist Material is designated in your Artist Account as being licensed and available for sale and exploitation.
4. Artist Warranties and Obligations. By offering Artist Material for distribution under this Agreement, you warrant and represent the following:
4.1 You are at least eighteen (18) years old, and you can legally accept this Agreement and can comply with all of the Agreement's requirements. You also agree that DiscRevolt (or a third party designated by us) can confirm your identity and verify any other information you provide to DiscRevolt anytime including all of the information in the Artist Information form, and other forms that are submitted by you from time to time. DiscRevolt agrees that we will only use your information in compliance with U.S. law and DiscRevolt's then-current privacy policy which is listed at http://discrevolt.com/legal or elsewhere.
4.2 You are the sole author of the Artist Material and/or have secured all rights in the Artist Material necessary to grant the license rights hereunder and to permit the lawful exercise of the rights hereunder, including all cover songs, samples, excerpts, recordings, lyrics, rhythms, melodies, photographs, images, graphics and videos, without DiscRevolt having to pay any royalties, compulsory license fees, residuals or any other payments and with you solely responsible and liable for all such permissions and payments.
4.3 The Artist Material and any thing else submitted or posted by you does not infringe the copyright, trademark, publicity rights, common law rights, or any other rights of any third party or is otherwise illegal, threatening, obscene, scandalous, inflammatory, an invasion of privacy, defamatory, profane, pornographic or constitute any tort injury to any third party or give rise to any civil or criminal liability under the law.
4.4 You are responsible for correctly labeling all Artist Material that contains explicit content in accordance the appropriate entertainment guidelines, including the RIAA Parental Advisory Program Guidelines, which can be found at http://www.riaa.com/issues/parents/advisory.asp. Other guidelines are posted at the Federal Trade Commission Entertainment Ratings website, which can be found at http://www.ftc.gov/bcp/ conline/edcams/ratings/ratings.htm. Failure to provide appropriate labeling could result in the re-labeling of Artist Material, removal of Artist Material and/or termination of your account without notice.
4.5 YOU CURRENTLY ARE NOT BOUND BY AN EXCLUSIVE AGREEMENT WITH ANY COMPANY, INCLUDING A RECORD COMPANY, THAT WOULD PROHIBIT OR LIMIT YOUR ABILITY TO ENTER INTO THIS AGREEMENT AND YOU DO NOT REQUIRE THE PERMISSION OF ANY OTHER PARTY TO ENTER INTO THIS AGREEMENT. You shall provide DiscRevolt with immediate Notice if you enter into an exclusive agreement with any company or for the distribution of the Artist Material.
4.6 You are solely responsible for encoding media files, uploading content to the DiscRevolt Website, maintaining your Artist Account, and categorizing your music, videos, images and other content included in the Artist Material.
4.7 You are responsible for designating a minimum of one (1) media file from your Artist Material as Featured Media. Designating a media file as "Featured Media" means that customers shall be able to download your Featured Media using both DiscRevolt Cards purchased from you as well as DiscRevolt Cards purchased from other parties. The term "DiscRevolt Cards" means customizable cards (physical and online) that provide customers with credits redeemable on the DiscRevolt Website for content, such as your Artist Material.
4.8 If the person signing this Agreement is a member of a group artist, that person understands and agrees that the undertakings, representations, warranties and indemnities under this Agreement are made on behalf of each member of the group artist, and that you are authorized to enter into this Agreement on behalf of such group artist. If you accept this Agreement, you represent and warrant to DiscRevolt that you have obtained any and all consents, permissions or other approvals of the other members of such group artist and they have authorized you to enter into this Agreement on their behalf and to fulfill all of the obligations in the Agreement in the name(s) of each member of such group artist.
5. Non- Exclusive License. For the purpose of promoting your Artist Materials and in order to provide the Services under this Agreement you hereby authorize and grant DiscRevolt the non-exclusive right and license throughout the Territory to do the following (the "Use"):
5.1 Copy and store Artist Material on one or more servers, or cause DiscRevolt's agents to do the same, for the purpose of offering Digital Audio Transmissions, Digital Phonorecord Deliveries and otherwise reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material via the DiscRevolt Website ("Electronic Distribution"), including the right to create and make so-called "preview clips" of Artist Material and encode and transcode Artist Material into any format, any platform, any technology and any bit rate, all as presently known or to be developed;
5.2 Reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material, or cause to do the same, on DiscRevolt Cards; and
5.3 Use, reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material and to use your name and likeness, voice, biographical material, logos, trademarks, photographs, symbols, emblems, designs, and any other visual representation of you, and any other individuals performing or otherwise represented in the Artist Material, or cause to do the same, for the purpose of promoting, marketing and/or advertising you, the Artist Material, DiscRevolt or the DiscRevolt Website.
6. Payment and Taxes.
6.1 In full consideration of all Payments due you, DiscRevolt shall pay you out of Net Revenues actually received by DiscRevolt (the "Payments"). The term "Net Revenues" means gross revenue actually received by DiscRevolt from all Sales of the Artist Material, adjusted for allowances, refunds, recredits, bad debt, overhead, shipping and handling, taxes of any kind and other third party fees that may be required by contract or the Copyright Act, if any. All Payments shall be made as follows:
6.1.1 For DiscRevolt Cards sold directly to you, DiscRevolt shall owe no Payments to you.
6.1.2 For each DiscRevolt Card sold via the DiscRevolt Website, you shall receive Payments for each DiscRevolt Card sold in accordance with the Payment Schedule provided in your Artist Account.
6.2 The Payments due you under this Agreement, if any, shall include all compensation, including, but not limited to, mechanical and performance royalties for underlying musical works and sound recordings due you, individual producers, the performers, engineers, photographers, graphic designers, directors, talent and any other persons engaged in connection with the Artist Material. You hereby waive any right to any compensation, other than the Payments, including, but not limited to, synchronization, mechanical and/or performance royalties in connection with Electronic Distribution and any Use hereunder. You will be solely responsible for payment of all above stated royalties and will indemnify DiscRevolt and hold DiscRevolt harmless against any and all losses, damages costs (including reasonable attorneys' fees and court costs) or claims made by any parties resulting from the Use hereunder. You are responsible to make these payments, if any, at all times.
6.3 Other than taxes based on DiscRevolt's net income, you will pay any and all applicable foreign, federal, state and local taxes, including without limitation, all use, sales, value-added, surcharges, excise, license, privilege or other similar taxes, levies, surcharges, duties, fees, or other tax-related surcharges imposed by governments related to the Use of the Artist Material, whether charged to DiscRevolt or you.
6.4 DiscRevolt shall provide Payments to you monthly in the form of credits toward future DiscRevolt Card purchases. If Payments due are greater than twenty-five ($25) U.S. dollars you may request that such monies be sent to you. DiscRevolt reserves the right, in its sole discretion, to select payment methods (i.e. PayPal, check, etc.).
7. DiscRevolt's Obligations.
7.1 Prior to the Artist Material being Submitted to the DiscRevolt Website, you must successfully complete the DiscRevolt application (including verification of your identity and the information you provided in the Artist Information form) and accept the terms and conditions of this Agreement ("Account Activation"). Following your Account Activation you can access your Artist Account and the Services. You and only those you authorize can access the Artist Account. The Artist Account is password protected, so you agree that you, not DiscRevolt, are responsible for the security of your password.
7.2 DiscRevolt shall have no duties concerning the marketing or promotion of the Artist Material or you. Notwithstanding the foregoing, DiscRevolt in its sole discretion, shall be permitted to promote, market, and advertise the Artist Material and you without limitation and without compensation, other than Payments.
7.3 All pricing, rates and Services are subject to change for any reason upon thirty (30) days Notice. DiscRevolt will use reasonable efforts to notify you of any planned changes to DiscRevolt's network that affect the Services provided herein. DiscRevolt will not be responsible if any changes in Services or the network cause the Artist Material to become obsolete, require modification or alteration, or otherwise affect performance of such Artist Material. Further, DiscRevolt may modify or suspend Service as necessary to comply with any law or regulation as reasonably determined by DiscRevolt. In the event that it becomes necessary to relocate the Artist Material to another website or to another server, you agree to cooperate in good faith with DiscRevolt to facilitate such relocation.
8. Indemnification and Disclaimer.
8.1 You shall indemnify, hold harmless and defend DiscRevolt and its employees, officers, directors and agents from any and all costs, liabilities, losses, damages and expenses arising out of any claims, actions, suits or proceedings of any kind from any third party claim relating to: (i) a breach of your warranties and/or duties under this Agreement, (ii) any claim for royalties and/or infringement of copyright, trademark, patent or other intellectual property rights, (iii) any third party claim arising out of your conduct or representations under this Agreement, (iv) damage to real or tangible personal property caused by the negligence or willful misconduct of you, (v) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (vi) spamming, or any other offensive, harassing or illegal conduct or violation of the Website Terms of Use and any other DiscRevolt policy posted on the DiscRevolt Website, and (vii) any other damage arising from this Agreement or your use of the DiscRevolt Website and DiscRevolt Cards. Further in the event that a third party infringement claim is brought, DiscRevolt shall have no obligation hereunder to defend or protect your actual or alleged interest in copyrights, trademarks or other property.
8.2 DiscRevolt represents that it maintains agreements with carriers for Internet connectivity at all times during the Term. DiscRevolt does not and cannot control connectivity, or the flow of data to or from DiscRevolt's equipment and facilities or other portions of the Internet. Such connectivity depends in large part on the performance of Internet or access services provided or controlled by third parties. At times, actions or inactions caused by these or other third parties can produce situations in which your connections to the Internet (or portions thereof) may be impaired, interrupted or disrupted. Although DiscRevolt will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, DiscRevolt cannot guarantee that they will not occur. Accordingly, DiscRevolt shall not be liable for such events.
8.3 You acknowledges and agree that DiscRevolt exercises no control over, and accepts no responsibility for, the content of the information passing through the DiscRevolt Website or the Internet. You assume responsibility for your use of the Services or software provided by DiscRevolt, if any, and the Internet. You understand and agree further that the Internet contains materials some of which are socially inappropriate or may be offensive, and is accessible by persons who may attempt to breach the security of the DiscRevolt Website, your Artist Account and/or the Artist Material. DiscRevolt has no control over and expressly disclaims any liability or responsibility whatsoever for such materials or actions. The DiscRevolt Website and Services are provided "as is" and you use and access the Services at your own risk. DiscRevolt is not liable for the content of any data transferred either to or from you or stored by you or any customer via the Services provided by DiscRevolt.
8.4 You shall remain solely and exclusively responsible for the control, operation and security of your transactions and communications made through your Artist Account and the DiscRevolt Website, including, but not limited to, your posting of personal information and unencrypted content. You agree that (i) DiscRevolt is not responsible for the control, operation and security of your transactions and communications, and (ii) the Internet is not a secure medium, may be inherently unreliable and subject to interruptions or disruptions and may be subject to inadvertent or deliberate breaches of your security.
8.5 DiscRevolt is not responsible for any incorrect or inaccurate content, links or other information posted on the DiscRevolt Website, whether caused by you, users of the DiscRevolt Website or by any of the equipment or programming associated with or utilized in the DiscRevolt Website and Services.
9. Limitation of Liabilities.
9.1 Other than the Payments stated herein, DiscRevolt shall have no obligation to provide to you any kind of compensation.
9.2 DiscRevolt shall be permitted, in its sole discretion, to remove any/all Artist Material from the DiscRevolt Website at anytime and without notice to you. DiscRevolt shall have no duty to activate your Artist Account and/or post the Artist Material or you on the DiscRevolt Website.
9.3 DiscRevolt will not be liable for any damages of any kind arising out of or relating to the use or the inability to use your Artist Account, the DiscRevolt Website, the related content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, loss of Artist Material, loss of use of Artist Material, LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, defects, delay in operation or transmission, computer virus, line failure, and all other direct indirect, consequential, special, incidental, punitive, exemplary or consequential damages even if DiscRevolt has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, DiscRevolt's total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of your Artist Account and/or the DiscRevolt Website, the related content or links, shall not exceed the amount you paid FOR THE SERVICES.
10. Privacy Policy and Website Terms of Use.
10.1 DiscRevolt's collection and use of personally identifiable information about you is subject to our Privacy Policy. For more information, see our full privacy policy for the DiscRevolt Website by clicking the link at the bottom of the page or at: http://www.discrevolt.com/legal. Your personally identifiable information that you submit to us shall be treated in accordance with our Privacy Policy.
10.2 DiscRevolt provides your Artist Account and the DiscRevolt Website to you, subject to our Website Terms of Use, which may be updated from time to time without notice to you. You can review the most current version of the Website Terms of Use by clicking the link at the bottom of this page or at: http://www.discrevolt.com/legal.
11. Miscellaneous.
11.1 All Notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by U.S. Mail, (iii) by facsimile transmission, or (iv) by certified or registered mail, return receipt requested, five days after deposit in the mail. DiscRevolt may also provide notices of changes to the Terms of Service, Privacy Policy or other matters by displaying notices or links to notices to you generally on the DiscRevolt Website.
11.2 The failure of DiscRevolt to require performance of you of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by DiscRevolt of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
11.3 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions.
11.4 The relationship between DiscRevolt and you is that of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties or to allow either party to bind the other or incur any obligation on its behalf.
11.5 You represent and agree that you have read this Agreement, understand its terms and understand that you have the right to consult counsel of choice to assist in your review of this Agreement and you have either done so or knowingly waived the right to do so.
11.6 DiscRevolt may freely assign this Agreement without your prior consent and all of DiscRevolt's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of DiscRevolt, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
11.7 This Agreement, together with the Website Terms of Use, the Privacy Policy and any other legal notices published by DiscRevolt on the DiscRevolt Website, supersedes any prior or contemporaneous agreement or understanding, whether written or oral, and any other communication between you and DiscRevolt relating to the subject matter of this Agreement and constitutes the entire agreement between you and DiscRevolt. DiscRevolt reserves the right to amend, modify or change the terms of this Agreement at any time by providing notice in your Artist Account, and it is your responsibility to review these terms for any changes.
11.8 DiscRevolt will not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, earthquake, or other acts of God, strike or other labor disturbance, cable cuts, interruption of or delay in transportation, unavailability of or interruption or delay in power supply, telecommunications or third party services, failure of third party software or hardware, inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services ("Force Majeure").
11.9 The headings that are made in this Agreement are provided for the purpose of convenience only and shall not be construed in interpreting the provisions contained in this Agreement.
11.10 This Agreement shall be construed under the internal laws of the State of Georgia applicable to agreements to be performed wholly therein without regard to conflict of law principles, and both parties agree that only the Georgia Courts shall have jurisdiction over this Agreement and any controversies arising out of this Agreement shall be brought by the parties to the state or federal courts of the State of Georgia, County of Fulton, and each party hereby grants sole and exclusive jurisdiction to such court(s) and to any appellate courts having jurisdiction over appeals from such court(s).
BY CHECKING THE BOX BELOW (AS PROVIDED DURING THE ACCOUNT SIGN UP PROCESS) YOU ACKNOWLEGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, THE WEBSITE TERMS OF USE AND PRIVACY POLICY AND AGREE AND ACCEPT THESE TERMS.
1.)You provide complete and accurate information, as requested in the "Artist Information" form, to DiscRevolt, and
2.)You check the box acknowledging that you have read and accept the terms and conditions of this Agreement during the account sign-up process.
1. General. This Agreement applies to your use of website hosting, content distribution and customizable download cards (the "Services") offered by DiscRevolt. All Services offered are subject to availability prior to signing up and during the Term of this Agreement.
2. Term and Termination.
2.1 This Agreement will apply as long as the Artist Material is Submitted to DiscRevolt (the "Term") or until terminated, as provided herein. "Artist Material" shall include, but is not limited to, artwork, graphics, images, photographs, songs, recordings, lyrics, charts, videos, liner notes, biographical material and metadata. Artist Material is "Submitted" to DiscRevolt by uploading it to your designated website space (the "Artist Account") located on the DiscRevolt Website, which is the website located at http://www.discrevolt.com, or such other URL as DiscRevolt may designate.
2.2 You may end this Agreement at any time by following instructions provided in your Artist Account.
2.3 You agree that DiscRevolt, in its sole discretion, may terminate or restrict your use or access to your Artist Account and/or the DiscRevolt Website (or any part there of) for any reason, including, without limitation, that DiscRevolt believes you have violated or acted inconsistently with the letter or spirit of this Agreement, or terms, conditions or policies contained within the DiscRevolt Website.
2.4 Certain provisions of this Agreement, such as your warranties and indemnities, may still apply even after the end of the Term or termination.
3. Territory. The territory of this Agreement is the universe (the "Territory"). When used in this Agreement, with respect to Artist Material, Territory shall include the country or countries where one (1) or more of the Artist Material is designated in your Artist Account as being licensed and available for sale and exploitation.
4. Artist Warranties and Obligations. By offering Artist Material for distribution under this Agreement, you warrant and represent the following:
4.1 You are at least eighteen (18) years old, and you can legally accept this Agreement and can comply with all of the Agreement's requirements. You also agree that DiscRevolt (or a third party designated by us) can confirm your identity and verify any other information you provide to DiscRevolt anytime including all of the information in the Artist Information form, and other forms that are submitted by you from time to time. DiscRevolt agrees that we will only use your information in compliance with U.S. law and DiscRevolt's then-current privacy policy which is listed at http://discrevolt.com/legal or elsewhere.
4.2 You are the sole author of the Artist Material and/or have secured all rights in the Artist Material necessary to grant the license rights hereunder and to permit the lawful exercise of the rights hereunder, including all cover songs, samples, excerpts, recordings, lyrics, rhythms, melodies, photographs, images, graphics and videos, without DiscRevolt having to pay any royalties, compulsory license fees, residuals or any other payments and with you solely responsible and liable for all such permissions and payments.
4.3 The Artist Material and any thing else submitted or posted by you does not infringe the copyright, trademark, publicity rights, common law rights, or any other rights of any third party or is otherwise illegal, threatening, obscene, scandalous, inflammatory, an invasion of privacy, defamatory, profane, pornographic or constitute any tort injury to any third party or give rise to any civil or criminal liability under the law.
4.4 You are responsible for correctly labeling all Artist Material that contains explicit content in accordance the appropriate entertainment guidelines, including the RIAA Parental Advisory Program Guidelines, which can be found at http://www.riaa.com/issues/parents/advisory.asp. Other guidelines are posted at the Federal Trade Commission Entertainment Ratings website, which can be found at http://www.ftc.gov/bcp/ conline/edcams/ratings/ratings.htm. Failure to provide appropriate labeling could result in the re-labeling of Artist Material, removal of Artist Material and/or termination of your account without notice.
4.5 YOU CURRENTLY ARE NOT BOUND BY AN EXCLUSIVE AGREEMENT WITH ANY COMPANY, INCLUDING A RECORD COMPANY, THAT WOULD PROHIBIT OR LIMIT YOUR ABILITY TO ENTER INTO THIS AGREEMENT AND YOU DO NOT REQUIRE THE PERMISSION OF ANY OTHER PARTY TO ENTER INTO THIS AGREEMENT. You shall provide DiscRevolt with immediate Notice if you enter into an exclusive agreement with any company or for the distribution of the Artist Material.
4.6 You are solely responsible for encoding media files, uploading content to the DiscRevolt Website, maintaining your Artist Account, and categorizing your music, videos, images and other content included in the Artist Material.
4.7 You are responsible for designating a minimum of one (1) media file from your Artist Material as Featured Media. Designating a media file as "Featured Media" means that customers shall be able to download your Featured Media using both DiscRevolt Cards purchased from you as well as DiscRevolt Cards purchased from other parties. The term "DiscRevolt Cards" means customizable cards (physical and online) that provide customers with credits redeemable on the DiscRevolt Website for content, such as your Artist Material.
4.8 If the person signing this Agreement is a member of a group artist, that person understands and agrees that the undertakings, representations, warranties and indemnities under this Agreement are made on behalf of each member of the group artist, and that you are authorized to enter into this Agreement on behalf of such group artist. If you accept this Agreement, you represent and warrant to DiscRevolt that you have obtained any and all consents, permissions or other approvals of the other members of such group artist and they have authorized you to enter into this Agreement on their behalf and to fulfill all of the obligations in the Agreement in the name(s) of each member of such group artist.
5. Non- Exclusive License. For the purpose of promoting your Artist Materials and in order to provide the Services under this Agreement you hereby authorize and grant DiscRevolt the non-exclusive right and license throughout the Territory to do the following (the "Use"):
5.1 Copy and store Artist Material on one or more servers, or cause DiscRevolt's agents to do the same, for the purpose of offering Digital Audio Transmissions, Digital Phonorecord Deliveries and otherwise reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material via the DiscRevolt Website ("Electronic Distribution"), including the right to create and make so-called "preview clips" of Artist Material and encode and transcode Artist Material into any format, any platform, any technology and any bit rate, all as presently known or to be developed;
5.2 Reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material, or cause to do the same, on DiscRevolt Cards; and
5.3 Use, reproduce, deliver, publish, duplicate, perform (publicly and privately), and display (publicly and privately) Artist Material and to use your name and likeness, voice, biographical material, logos, trademarks, photographs, symbols, emblems, designs, and any other visual representation of you, and any other individuals performing or otherwise represented in the Artist Material, or cause to do the same, for the purpose of promoting, marketing and/or advertising you, the Artist Material, DiscRevolt or the DiscRevolt Website.
6. Payment and Taxes.
6.1 In full consideration of all Payments due you, DiscRevolt shall pay you out of Net Revenues actually received by DiscRevolt (the "Payments"). The term "Net Revenues" means gross revenue actually received by DiscRevolt from all Sales of the Artist Material, adjusted for allowances, refunds, recredits, bad debt, overhead, shipping and handling, taxes of any kind and other third party fees that may be required by contract or the Copyright Act, if any. All Payments shall be made as follows:
6.1.1 For DiscRevolt Cards sold directly to you, DiscRevolt shall owe no Payments to you.
6.1.2 For each DiscRevolt Card sold via the DiscRevolt Website, you shall receive Payments for each DiscRevolt Card sold in accordance with the Payment Schedule provided in your Artist Account.
6.2 The Payments due you under this Agreement, if any, shall include all compensation, including, but not limited to, mechanical and performance royalties for underlying musical works and sound recordings due you, individual producers, the performers, engineers, photographers, graphic designers, directors, talent and any other persons engaged in connection with the Artist Material. You hereby waive any right to any compensation, other than the Payments, including, but not limited to, synchronization, mechanical and/or performance royalties in connection with Electronic Distribution and any Use hereunder. You will be solely responsible for payment of all above stated royalties and will indemnify DiscRevolt and hold DiscRevolt harmless against any and all losses, damages costs (including reasonable attorneys' fees and court costs) or claims made by any parties resulting from the Use hereunder. You are responsible to make these payments, if any, at all times.
6.3 Other than taxes based on DiscRevolt's net income, you will pay any and all applicable foreign, federal, state and local taxes, including without limitation, all use, sales, value-added, surcharges, excise, license, privilege or other similar taxes, levies, surcharges, duties, fees, or other tax-related surcharges imposed by governments related to the Use of the Artist Material, whether charged to DiscRevolt or you.
6.4 DiscRevolt shall provide Payments to you monthly in the form of credits toward future DiscRevolt Card purchases. If Payments due are greater than twenty-five ($25) U.S. dollars you may request that such monies be sent to you. DiscRevolt reserves the right, in its sole discretion, to select payment methods (i.e. PayPal, check, etc.).
7. DiscRevolt's Obligations.
7.1 Prior to the Artist Material being Submitted to the DiscRevolt Website, you must successfully complete the DiscRevolt application (including verification of your identity and the information you provided in the Artist Information form) and accept the terms and conditions of this Agreement ("Account Activation"). Following your Account Activation you can access your Artist Account and the Services. You and only those you authorize can access the Artist Account. The Artist Account is password protected, so you agree that you, not DiscRevolt, are responsible for the security of your password.
7.2 DiscRevolt shall have no duties concerning the marketing or promotion of the Artist Material or you. Notwithstanding the foregoing, DiscRevolt in its sole discretion, shall be permitted to promote, market, and advertise the Artist Material and you without limitation and without compensation, other than Payments.
7.3 All pricing, rates and Services are subject to change for any reason upon thirty (30) days Notice. DiscRevolt will use reasonable efforts to notify you of any planned changes to DiscRevolt's network that affect the Services provided herein. DiscRevolt will not be responsible if any changes in Services or the network cause the Artist Material to become obsolete, require modification or alteration, or otherwise affect performance of such Artist Material. Further, DiscRevolt may modify or suspend Service as necessary to comply with any law or regulation as reasonably determined by DiscRevolt. In the event that it becomes necessary to relocate the Artist Material to another website or to another server, you agree to cooperate in good faith with DiscRevolt to facilitate such relocation.
8. Indemnification and Disclaimer.
8.1 You shall indemnify, hold harmless and defend DiscRevolt and its employees, officers, directors and agents from any and all costs, liabilities, losses, damages and expenses arising out of any claims, actions, suits or proceedings of any kind from any third party claim relating to: (i) a breach of your warranties and/or duties under this Agreement, (ii) any claim for royalties and/or infringement of copyright, trademark, patent or other intellectual property rights, (iii) any third party claim arising out of your conduct or representations under this Agreement, (iv) damage to real or tangible personal property caused by the negligence or willful misconduct of you, (v) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (vi) spamming, or any other offensive, harassing or illegal conduct or violation of the Website Terms of Use and any other DiscRevolt policy posted on the DiscRevolt Website, and (vii) any other damage arising from this Agreement or your use of the DiscRevolt Website and DiscRevolt Cards. Further in the event that a third party infringement claim is brought, DiscRevolt shall have no obligation hereunder to defend or protect your actual or alleged interest in copyrights, trademarks or other property.
8.2 DiscRevolt represents that it maintains agreements with carriers for Internet connectivity at all times during the Term. DiscRevolt does not and cannot control connectivity, or the flow of data to or from DiscRevolt's equipment and facilities or other portions of the Internet. Such connectivity depends in large part on the performance of Internet or access services provided or controlled by third parties. At times, actions or inactions caused by these or other third parties can produce situations in which your connections to the Internet (or portions thereof) may be impaired, interrupted or disrupted. Although DiscRevolt will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, DiscRevolt cannot guarantee that they will not occur. Accordingly, DiscRevolt shall not be liable for such events.
8.3 You acknowledges and agree that DiscRevolt exercises no control over, and accepts no responsibility for, the content of the information passing through the DiscRevolt Website or the Internet. You assume responsibility for your use of the Services or software provided by DiscRevolt, if any, and the Internet. You understand and agree further that the Internet contains materials some of which are socially inappropriate or may be offensive, and is accessible by persons who may attempt to breach the security of the DiscRevolt Website, your Artist Account and/or the Artist Material. DiscRevolt has no control over and expressly disclaims any liability or responsibility whatsoever for such materials or actions. The DiscRevolt Website and Services are provided "as is" and you use and access the Services at your own risk. DiscRevolt is not liable for the content of any data transferred either to or from you or stored by you or any customer via the Services provided by DiscRevolt.
8.4 You shall remain solely and exclusively responsible for the control, operation and security of your transactions and communications made through your Artist Account and the DiscRevolt Website, including, but not limited to, your posting of personal information and unencrypted content. You agree that (i) DiscRevolt is not responsible for the control, operation and security of your transactions and communications, and (ii) the Internet is not a secure medium, may be inherently unreliable and subject to interruptions or disruptions and may be subject to inadvertent or deliberate breaches of your security.
8.5 DiscRevolt is not responsible for any incorrect or inaccurate content, links or other information posted on the DiscRevolt Website, whether caused by you, users of the DiscRevolt Website or by any of the equipment or programming associated with or utilized in the DiscRevolt Website and Services.
9. Limitation of Liabilities.
9.1 Other than the Payments stated herein, DiscRevolt shall have no obligation to provide to you any kind of compensation.
9.2 DiscRevolt shall be permitted, in its sole discretion, to remove any/all Artist Material from the DiscRevolt Website at anytime and without notice to you. DiscRevolt shall have no duty to activate your Artist Account and/or post the Artist Material or you on the DiscRevolt Website.
9.3 DiscRevolt will not be liable for any damages of any kind arising out of or relating to the use or the inability to use your Artist Account, the DiscRevolt Website, the related content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, loss of Artist Material, loss of use of Artist Material, LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, defects, delay in operation or transmission, computer virus, line failure, and all other direct indirect, consequential, special, incidental, punitive, exemplary or consequential damages even if DiscRevolt has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, DiscRevolt's total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of your Artist Account and/or the DiscRevolt Website, the related content or links, shall not exceed the amount you paid FOR THE SERVICES.
10. Privacy Policy and Website Terms of Use.
10.1 DiscRevolt's collection and use of personally identifiable information about you is subject to our Privacy Policy. For more information, see our full privacy policy for the DiscRevolt Website by clicking the link at the bottom of the page or at: http://www.discrevolt.com/legal. Your personally identifiable information that you submit to us shall be treated in accordance with our Privacy Policy.
10.2 DiscRevolt provides your Artist Account and the DiscRevolt Website to you, subject to our Website Terms of Use, which may be updated from time to time without notice to you. You can review the most current version of the Website Terms of Use by clicking the link at the bottom of this page or at: http://www.discrevolt.com/legal.
11. Miscellaneous.
11.1 All Notices permitted or required under this Agreement shall be in writing and shall be delivered as follows (i) by email, (ii) by U.S. Mail, (iii) by facsimile transmission, or (iv) by certified or registered mail, return receipt requested, five days after deposit in the mail. DiscRevolt may also provide notices of changes to the Terms of Service, Privacy Policy or other matters by displaying notices or links to notices to you generally on the DiscRevolt Website.
11.2 The failure of DiscRevolt to require performance of you of any provision herein shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by DiscRevolt of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
11.3 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provisions within the limits of applicable law or applicable court decisions.
11.4 The relationship between DiscRevolt and you is that of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties or to allow either party to bind the other or incur any obligation on its behalf.
11.5 You represent and agree that you have read this Agreement, understand its terms and understand that you have the right to consult counsel of choice to assist in your review of this Agreement and you have either done so or knowingly waived the right to do so.
11.6 DiscRevolt may freely assign this Agreement without your prior consent and all of DiscRevolt's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. You may not assign this agreement without the prior written consent of DiscRevolt, and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
11.7 This Agreement, together with the Website Terms of Use, the Privacy Policy and any other legal notices published by DiscRevolt on the DiscRevolt Website, supersedes any prior or contemporaneous agreement or understanding, whether written or oral, and any other communication between you and DiscRevolt relating to the subject matter of this Agreement and constitutes the entire agreement between you and DiscRevolt. DiscRevolt reserves the right to amend, modify or change the terms of this Agreement at any time by providing notice in your Artist Account, and it is your responsibility to review these terms for any changes.
11.8 DiscRevolt will not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, earthquake, or other acts of God, strike or other labor disturbance, cable cuts, interruption of or delay in transportation, unavailability of or interruption or delay in power supply, telecommunications or third party services, failure of third party software or hardware, inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services ("Force Majeure").
11.9 The headings that are made in this Agreement are provided for the purpose of convenience only and shall not be construed in interpreting the provisions contained in this Agreement.
11.10 This Agreement shall be construed under the internal laws of the State of Georgia applicable to agreements to be performed wholly therein without regard to conflict of law principles, and both parties agree that only the Georgia Courts shall have jurisdiction over this Agreement and any controversies arising out of this Agreement shall be brought by the parties to the state or federal courts of the State of Georgia, County of Fulton, and each party hereby grants sole and exclusive jurisdiction to such court(s) and to any appellate courts having jurisdiction over appeals from such court(s).
BY CHECKING THE BOX BELOW (AS PROVIDED DURING THE ACCOUNT SIGN UP PROCESS) YOU ACKNOWLEGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, THE WEBSITE TERMS OF USE AND PRIVACY POLICY AND AGREE AND ACCEPT THESE TERMS.
Copyright Policy and Procedures
Copyright and Intellectual Property Policy
DiscRevolt respects the intellectual property of others, and we ask our users to do the same. When using the DiscRevolt website, products and services 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. DiscRevolt may, in appropriate circumstances and at its discretion, remove or disable access to infringing material, to notify the relevant users that it has removed or disabled access to the material, and to terminate the account of any user who infringes copyright using the DiscRevolt website, products or services.
Sending Notice of Copyright or Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you MUST provide DiscRevolt's Copyright Agent with the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) of the U.S. Copyright Act to confirm these requirements):
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 that is allegedly infringed;
2. An identification of the copyrighted work or other intellectual property interest that you claim has been infringed;
3. An identification of the material you claim is an infringement along with enough detail about its location that we may find the allegedly infringing work on the DiscRevolt website or through the DiscRevolt products or services (please include the URL where the infringing material is located on the DiscRevolt website);
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the claimed infringement is not authorized by the copyright (or intellectual property) owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice to DiscRevolt's Copyright Agent 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.
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Once the notice of claims of copyright or other intellectual property infringement has been written, reviewed for accuracy, and possibly reviewed by your attorney (recommended), you may then send it to DiscRevolt's Copyright Agent at one of the following addresses:
By mail:
Cindy Ingram
DiscRevolt
320 Prospect Place
Alpharetta, GA 30005
USA
By fax:
(678) 381-2705
By email:
copyright@discrevolt.com
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Responding To Notices of Infringement
If your account has been disabled due to DiscRevolt's receipt of a Notice of Copyright or Intellectual Property Infringement ("Notice of Infringement") described above, and you, in good faith, believe that the original Notice of Infringement submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled you may submit a Counter Notice, pursuant to sections 512(g)(2) and (3) of the U.S. Copyright Act, to DiscRevolt's Copyright Agent at one of the addresses shown above.
When submitting a Counter Notice to DiscRevolt's Copyright Agent, it is important that the Notice is written clearly and concisely, as well as ensuring that it is compliant with the U.S. Copyright Act's requirements for Counter Notifications. The accuracy and completeness of your Counter Notice will assist DiscRevolt's Copyright Agent in handling your notice effectively and expeditiously.
A compliant Counter Notice claiming, under penalty of perjury, that the Notice of Infringement submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled MUST contain the following pertinent information in order to be effective and it MUST be submitted to DiscRevolt's Copyright Agent in writing (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) of the U.S. Copyright Act to confirm these requirements):
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Your email address, real name, title, mailing address, telephone number and facsimile number if available;
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which DiscRevolt may be found (State of Georgia, County of Fulton), and that you will accept service of process from the person who provided notification under Section 512 (c)(1)(C) of the U.S. Copyright Act or an agent of such person.
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.
Once the Counter Notice has been written, reviewed for accuracy, and possibly reviewed by your attorney (recommended), you may then send the Counter Notice to DiscRevolt's Copyright Agent at one of the addresses listed above.
DiscRevolt respects the intellectual property of others, and we ask our users to do the same. When using the DiscRevolt website, products and services 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. DiscRevolt may, in appropriate circumstances and at its discretion, remove or disable access to infringing material, to notify the relevant users that it has removed or disabled access to the material, and to terminate the account of any user who infringes copyright using the DiscRevolt website, products or services.
Sending Notice of Copyright or Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you MUST provide DiscRevolt's Copyright Agent with the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) of the U.S. Copyright Act to confirm these requirements):
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 that is allegedly infringed;
2. An identification of the copyrighted work or other intellectual property interest that you claim has been infringed;
3. An identification of the material you claim is an infringement along with enough detail about its location that we may find the allegedly infringing work on the DiscRevolt website or through the DiscRevolt products or services (please include the URL where the infringing material is located on the DiscRevolt website);
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the claimed infringement is not authorized by the copyright (or intellectual property) owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice to DiscRevolt's Copyright Agent 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.
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Once the notice of claims of copyright or other intellectual property infringement has been written, reviewed for accuracy, and possibly reviewed by your attorney (recommended), you may then send it to DiscRevolt's Copyright Agent at one of the following addresses:
By mail:
Cindy Ingram
DiscRevolt
320 Prospect Place
Alpharetta, GA 30005
USA
By fax:
(678) 381-2705
By email:
copyright@discrevolt.com
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Responding To Notices of Infringement
If your account has been disabled due to DiscRevolt's receipt of a Notice of Copyright or Intellectual Property Infringement ("Notice of Infringement") described above, and you, in good faith, believe that the original Notice of Infringement submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled you may submit a Counter Notice, pursuant to sections 512(g)(2) and (3) of the U.S. Copyright Act, to DiscRevolt's Copyright Agent at one of the addresses shown above.
When submitting a Counter Notice to DiscRevolt's Copyright Agent, it is important that the Notice is written clearly and concisely, as well as ensuring that it is compliant with the U.S. Copyright Act's requirements for Counter Notifications. The accuracy and completeness of your Counter Notice will assist DiscRevolt's Copyright Agent in handling your notice effectively and expeditiously.
A compliant Counter Notice claiming, under penalty of perjury, that the Notice of Infringement submitted against you was wrongfully submitted as a result of a mistake or misidentification of the material to be removed or disabled MUST contain the following pertinent information in order to be effective and it MUST be submitted to DiscRevolt's Copyright Agent in writing (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) of the U.S. Copyright Act to confirm these requirements):
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Your email address, real name, title, mailing address, telephone number and facsimile number if available;
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which DiscRevolt may be found (State of Georgia, County of Fulton), and that you will accept service of process from the person who provided notification under Section 512 (c)(1)(C) of the U.S. Copyright Act or an agent of such person.
Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.
Once the Counter Notice has been written, reviewed for accuracy, and possibly reviewed by your attorney (recommended), you may then send the Counter Notice to DiscRevolt's Copyright Agent at one of the addresses listed above.