Artist Terms and Conditions of Use
Welcome to the bands area ("Profile") of RateMyBand.com ("RateMyBand"), owned, produced and operated by RateMyBand LLC ("RateMyBand") and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "RateMyBand LLC"). RateMyBand.com is a music-oriented content and information website that provides a service to musical artists (each a "Band" and collectively "Bands") to post information regarding themselves as well as musical content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services ("Products and Services"), including the addition of new properties shall be subject to these Artist Terms and Conditions of Use ("Artist Terms of Use"), as well as the General Terms and Conditions of Use ("General Terms of Use"), incorporated herein by reference. RateMyBand reserves the right to amend these Artist Terms of Use and the General Terms of Use at any time.
1. ACCEPTANCE
By using a RateMyBand profile, you agree to be bound by these Artist Terms of Use, as well as the General Terms of Use, as modified from time to time. Because both the Artist Terms of Use and the General Terms of Use contain legal obligations, please read them carefully. Any violation of these Terms of Use or the General Terms of Use may result in suspension or termination of your right to access your RateMyBand profile.
2. REGISTRATION
Band accounts ("Profiles") are for the use of Bands only. Band Accounts set up for any other type of organization, promotion or purpose will be deleted, including, without limitation, production companies and recording studios. Once your Band Account is submitted, you may create a Band-specific mini-page on RateMyBand ("Profile"). RateMyBand is for the personal use of users ("Users") and the promotional and/or commercial (pursuant to paragraph 7 below) use of Artists only. Organizations, companies, and/or businesses may not register with RateMyBand and should not use the site for any purpose without the express written consent of RateMyBand LLC. RateMyBand reserves the right to terminate a Band Account at its sole discretion at any time without prior notice to the Artist. Artists may terminate their Band Account at any time upon sixty (60) days written notice to RateMyBand.
3. NAME AND LIKENESS
By registering for and maintaining a Band Account, you grant to RateMyBand.com and RateMyBand LLC a non-exclusive license to use and to permit others to use throughout the universe the professional name of Bands, likenesses posted on the Band profiles, other identifications, and biographical material posted on the Bands Page concerning Bands (collectively the "NIL Materials") solely in connection with the advertising and promotion of RateMyBand.com and the RateMyBand LLC, or to refrain therefrom.
4. PRIVACY
You hereby acknowledge receipt and acceptance of Rate My Band LLC’s Privacy Policy, including our Notice Regarding the Privacy of Children Under 13. If you have not yet read the Privacy Policy, please do so now. RateMyBand may share with its partners certain information you provide.
5. CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Artist, and not RateMyBand LLC, shall be entirely responsible for all Content that it uploads, posts, emails or otherwise transmits via the Services. Artist conduct on RateMyBand.com is governed by the General Terms of Use. You acknowledge and agree that RateMyBand LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, RateMyBand LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms of Use or is otherwise objectionable as determined by RateMyBand LLC, in its sole discretion. Illegal and/or unauthorized uses of the RateMyBand.com, including, without limitation, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to RateMyBand.com will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
6. CONTENT LICENSE
By posting Content on RateMyBand.com (including, without limitation, blogs, master recordings, artwork, photographs and tour dates) you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on RateMyBand.com. With respect to any Content posted by or in connection with the Products and Services, you hereby grant RateMyBand LLC a world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, to the Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, and otherwise exploit such Content (specifically including through streaming, podcasting, online/broadcast, creation of an anthology recording and satellite radio, suggested playlists and User playlists) to publish and promote such Content in connection with the particular Products and Services (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within RateMyBand.com or any other RateMyBand LLC website through links to RateMyBand.com, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed. Such license shall NOT convey to RateMyBand LLC the copyright to the underlying material comprising the Content.
7. MERCHANDISE SALES
Band Pages may contain links to third party websites, including, without limitation, Artist's personal website, where Users can purchase Artist-related goods or services, including, without limitation, merchandise, albums and concert tickets. By creating such links on your Band Page, you agree to abide by the terms of the transaction and promptly fulfill all such orders. In addition, you acknowledge that you are entering into a direct transaction with the User, and that RateMyBand.com and RateMyBand LLC are not parties to the transaction. In no event shall you create a link to a third-party website selling illegal items or items otherwise prohibited under the General Terms of Use. RateMyBand.com reserves the right to delete any links to offensive or illegal materials.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL RATEMYBAND LLC OR ITS LICENSORS BE LIABLE TO ANY ARTIST ON ACCOUNT OF THAT ARTIST'S OR ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, INCLUDING ANY USER'S INFRINGING USES OF ARTIST CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF RATEMYBAND LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, RATEMYBAND.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF BAND PAGES OR OTHER CONTENT STORED THROUGHOUT RATEMYBAND.COM, THROUGH HACKING OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL RATEMYBAND LLC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, HACKING, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
9. LINKING TO RATEMYBAND.COM
Please see the General Terms of Use and the Trademark Usage Rules for rules governing the creation of links to the RateMyBand.com website and the use of the RateMyBand LLC’s marks.
10. INDEMNITY AND RELEASE
By using the RateMyBand.com web site you agree to indemnify RateMyBand LLC, Inc., the RateMyBand LLC, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the RateMyBand.com web site, your use of the Products and Services, your sale of goods and services through a link from your Band Page or otherwise, or your submission of ideas and/or related materials to RateMyBand LLC or from any person's use of any account or password you maintain with RateMyBand.com, regardless of whether such use is authorized by you. By using RateMyBand.com, using the Products and Services, or submitting any ideas and/or related materials to RateMyBand LLC, you are hereby agreeing to release RateMyBand LLC and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to RateMyBand LLC. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. INTELLECTUAL PROPERTY DISPUTES
It is the policy of RateMyBand LLC to respond expeditiously to claims of intellectual property infringement. RateMyBand LLC will use commercially reasonable efforts to promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, RateMyBand.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. RateMyBand.com will terminate access for Users who are repeat infringers. Please see the General Terms of Use for more information.
12. IDEA SUBMISSION
RateMyBand.com is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to RateMyBand.com, we would like to hear them -- but any submission will be subject to the General Terms of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO RATEMYBAND.COM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO RATEMYBAND LLC, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO RATEMYBAND LLC THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT RATEMYBAND.COM IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FIRST BEAT MEDIA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
