Terms

User Agreement Terms and Conditions

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ARTISTHEAD, a division of ARTISTHEAD MUSIC, LLC. By using the ARTISTHEAD Website, here unto also referred to as the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ARTISTHEAD Website, including through a mobile device or otherwise use the ARTISTHEAD Service without being registered) or you are a "Member" (which means that you have registered with ARTISTHEAD). The term "User" refers to a Visitor or a Member. You are only authorized to use the ARTISTHEAD Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the ARTISTHEAD Website and discontinue use of the ARTISTHEAD Service immediately. If you wish to become a Member, communicate with other Members and/or make use of the ARTISTHEAD Service, you must read this Agreement and indicate your acceptance during the Registration process.

We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service page. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting us through our support form.

We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any Services feature, database, or content, without prior notice or liability.

We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected timeframe. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility

Use of the ARTISTHEAD Service and registration to be a Member of the Service (“Membership”) is void where prohibited.  By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You must be at least 13 (thirteen) years of age or older and your use of the Service does not violate any applicable law or regulation.  Your Account may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you misrepresent yourself as 18 or older, or if we believe you are over 18 and misrepresent yourself as being under 18 years of age.

Protect Your Password and Subscription

When you sign up to become a Member, you will also be asked to choose a password. You are solely responsible for any and all use of your account. You agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. You are entirely responsible for maintaining the confidentiality of your subscription and of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ARTISTHEAD immediately if you suspect any unauthorized use of your account or access to your password at accounts@artisthead.com. Unauthorized access to the Service is a breach of these Terms and a violation of the law.

Privacy

Use of the ARTISTHEAD Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Please see the complete Privacy Policy via the link at the bottom of each site page.

Your Conduct on the Service

In addition to our Site, certain material that you submit may, in our sole discretion, also become available to certain partners around the world. If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the product from our site and any of our Affiliates. The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part.

Use by Members

The ARTISTHEAD Service is for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by ARTISTHEAD. ARTISTHEAD reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the ARTISTHEAD Service, including collecting usernames, user ID numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ARTISTHEAD Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. ARTISTHEAD reserves the right to take appropriate legal action for any illegal or unauthorized use of the ARTISTHEAD Service.

User Restrictions

If this site includes an interface which allows interaction between participants via a chat feature and/or mailbox features, ARTISTHEAD neither monitors nor exerts editorial control over such communication and assumes no responsibility or liability for its content or nature. Participants are allowed to use the chat and mailbox feature as long as they do not: Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international laws.

 Although ARTISTHEAD does not monitor for such behavior, it reserves the right to terminate access to any user who does not abide by these User Restrictions.

Content Posted

ARTISTHEAD may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ARTISTHEAD violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ARTISTHEAD assumes no responsibility for monitoring the ARTISTHEAD Service for inappropriate Content or conduct. If at any time ARTISTHEAD chooses, in its sole discretion, to monitor the ARTISTHEAD Service, ARTISTHEAD nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the ARTISTHEAD Service, and any material or information that you transmit to other Members and for your interactions with other Users.

You are solely responsible for ensuring that all Content that you post on or through any of the ARTISTHEAD Service, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through ARTISTHEAD.

1. Content and Activity that is Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on or through the ARTISTHEAD Service. ARTISTHEAD reserves the right to investigate and take appropriate legal action against anyone who, in ARTISTHEAD's sole discretion, violates this provision, including without limitation, removing the offending Content from the ARTISTHEAD Service and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ARTISTHEAD:

1.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

1.2 harasses or advocates harassment of another person;

1.3 exploits people in a sexual or violent manner;

1.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

1.5 solicits personal information from anyone under 18;

1.6 publicly posts information that poses or creates a privacy or security risk to any person;

1.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

1.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

1.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

1.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

1.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

1.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

1.13 involves commercial activities and/or sales without prior written consent from ARTISTHEAD such as contests, sweepstakes, barter, advertising, or pyramid schemes;

1.14 includes a photograph or video of another person that you have posted without that person's consent;

1.15 or band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;

1.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or

1.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.

The following are examples of the kind of activity that is illegal or prohibited on the ARTISTHEAD Website and through your use of the ARTISTHEAD Service. ARTISTHEAD reserves the right to investigate and take appropriate legal action against anyone who, in ARTISTHEAD's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1.18 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;

1.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ARTISTHEAD Service. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, ARTISTHEAD reserves the right to restrict the number of emails, which a Member may send to other Members in any 24-hour period to a number which ARTISTHEAD, deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the ARTISTHEAD Service, you acknowledge that you will have caused substantial harm to ARTISTHEAD, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ARTISTHEAD USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the ARTISTHEAD Service;

1.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ARTISTHEAD Service;

1.21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

1.22 covering or obscuring the banner advertisements on your personal profile page, or any ARTISTHEAD page via HTML/CSS or any other means;

1.23 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;

1.24 interfering with, disrupting, or creating an undue burden on the ARTISTHEAD Service or the networks or services connected to the ARTISTHEAD Service;

1.25 impersonating or attempting to impersonate another Member, person or entity;

1.26 for band, comedy, filmmaker and other profiles containing a ARTISTHEAD player, copying the code for your ARTISTHEAD Player and embedding it (or directing others to embed it) anywhere other than your Artist/band, Fan, or Industry profile on ARTISTHEAD;

1.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

1.28 selling or otherwise transferring your profile;

1.29 using any information obtained from the ARTISTHEAD Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;

1.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ARTISTHEAD Service on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or

1.31 using the ARTISTHEAD Service in a manner inconsistent with any and all applicable laws and regulations.

Forums

If the Service contains bulletin board services, chat areas, news groups, forums, social network communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not:

(i)    defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
(ii)    publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(iii)    upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
(iv)    advertise or offer to sell any goods or services for any commercial purpose;
(v)    conduct or forward surveys, contests, pyramid schemes or chain letters;
(vi)    download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter,
(vii)    falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or
(viii)    restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the Forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service, or both.

You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

User Supplied Materials

All information, advice, files, links, communications or other materials posted by you to or through the Service ("User-Supplied Materials") shall be your responsibility. You agree not to post or transmit any User-Supplied Materials that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You grant, or warrant that the owner of such User-Supplied Materials has expressly granted ARTISTHEAD, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, display, modify, transmit, distribute, perform, display and delete such User-Supplied Materials (in whole or in part) worldwide and or/ to incorporate such User-Supplied Materials in other works in any form, media or technology now known or later developed. User-Supplied materials are public and not private communications.

User-Supplied Materials And Monitoring

 ARTISTHEAD shall have the right, but not the responsibility, to monitor and/or remove User-Supplied Materials deemed harmful or offensive in ARTISTHEAD's sole discretion, or that otherwise violate this Agreement or any rules that ARTISTHEAD may institute from time to time. ARTISTHEAD shall have no liability for the failure to receive or for the removal of any User-Supplied Materials. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of ARTISTHEAD. ARTISTHEAD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized ARTISTHEAD employees acting in their official capacities.

Sampling or Stealing Music and All Other Content

ARTISTHEAD has a secure system to prevent sampling and stealing of music. If any sort of sampling or theft does occur, it is not the responsibility of the Service. ARTISTHEAD is not responsible or liable in any way for the theft of music, sound clips,
videos, photographs, graphics, images, illustrations, flash animation, documents, text, files, or any other member, or non-member content by other members, non-members or any outside entities.

Protecting Copyrights and Other Intellectual Property

ARTISTHEAD respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. ARTISTHEAD has the right to terminate the Membership of infringers.

Reporting copyright infringement

We wish to work with you to maintain a creative community here at ARTISTHEAD with a maximum positive experience for all our users. If you believe any work has been copied and posted on or through the ARTISTHEAD Service in a way that constitutes copyright infringement, please send ARTISTHEAD's Copyright Agent a notification at: copyright@artisthead.com. Just make sure that you include the member/artist name, URL, and the name of the material.

Fraud

Anyone found attempting to scam or fraud ARTISTHEAD will be banned from ARTISTHEAD and the proper authorities will be notified.

Member Disputes

You are solely responsible for your interactions with other ARTISTHEAD Members. ARTISTHEADARTISTHEAD reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members and is not responsible or liable in any way for any Member or Non-Member disputes, or their outcome.

Fee-Based Features

Other than as specifically permitted, you may not use the fee-based features of the Application unless you have paid the applicable fee and agreed to the terms of the User Agreement and the terms and conditions of ARTISTHEAD's Privacy Policy, as it may be updated from time to time by us.

Upgrades

You acknowledge that ARTISTHEAD may issue upgraded versions of the Service from time to time, and may automatically electronically upgrade the version of the Application that you are using on your computer. You consent to such automatic upgrading, and agree that this Agreement (as amended from time to time) will govern all such upgraded versions.

Modifications

ARTISTHEAD performs technical functions necessary to offer the Service, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Service. ARTISTHEAD may modify the Service at any time without notice and may discontinue any ARTISTHEAD web sites at any time without notice.

Third Party Affiliate Sites and Content

This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in the Service's search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites. ARTISTHEAD complies with copyright law and expects its users to do the same. You may not use the Service to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. You agree that you shall only use the Service in a manner that violates no third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights.

Links to Other Websites

This site may include Links providing direct access to other Internet sites maintained by third parties. ARTISTHEAD has no control over the development of these sites, exerts no control, editorial or otherwise, over their contents, assumes no responsibility for material at these sites, nor recommends any information, products or services presented on these sites. ARTISTHEAD is not responsible or liable for the content, communications or materials of any Linked Entities. ARTISTHEAD is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by ARTISTHEAD of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third-parties.

Links to ARTISTHEAD

Links to ARTISTHEAD are welcomed and encouraged. Any links, however, should be to the homepage (www.artisthead.com) and not to any internal pages of the site. ARTISTHEAD has no control over sites or entities that post links to our Service, exerts no control, editorial or otherwise, over their contents, assumes no responsibility for material at these sites, nor recommends any information, products or services presented on these sites. ARTISTHEAD is not in any way responsible or liable for their content, communications or materials.

Title To Website

ARTISTHEAD retains all title, ownership rights, and intellectual property rights in and to the Website in order to use the Service. Except as expressly stated in this Agreement, ARTISTHEAD does not grant any express or implied right or license to you under any condition, patent, copyright, trademark, or trade secret rights of ARTISTHEAD.

Title To Content Served Through The Service

The Content served by ARTISTHEAD or third parties directly through the Application is the property of ARTISTHEAD, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Content is the property of either ARTISTHEAD or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.

ARTISTHEAD complies with copyright law and expects its users to do the same. You may not use the Service to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. You agree that you shall only use the Service in a manner that violates no third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights.

Proprietary Rights in Content on ARTISTHEAD

ARTISTHEAD and related websites' software/business methods are patent pending; any unauthorized use and or/duplication without permission is prohibited. ARTISTHEAD and related websites' operating software and related content are protected by USA and foreign copyright law; any unauthorized use and or/duplication without permission is prohibited. ARTISTHEAD is a trademark of ARTISTHEAD MUSIC, LLC., a Nevada, USA, corporation, and is protected under trademark law; any unauthorized use and or/duplication without permission is prohibited. ARTISTHEAD does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the ARTISTHEAD Service. After posting your Content to the ARTISTHEAD Service, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the ARTISTHEAD Service, you hereby grant to ARTISTHEAD a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the ARTISTHEAD Service, including without limitation distributing part or all of the ARTISTHEAD Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the ARTISTHEAD Website . This limited license does not grant ARTISTHEAD the right to sell or otherwise distribute your Content outside of the ARTISTHEAD Service. After you remove your Content from the ARTISTHEAD Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the ARTISTHEAD Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the ARTISTHEAD Website as soon as practicable after you make the change.

Indemnity

You agree to indemnify and hold ARTISTHEAD and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.

Account Termination

(a) Your Membership to the Service shall terminate automatically and immediately if you fail to comply with any of the limitations described in this Agreement. No notice shall be required from ARTISTHEAD to effectuate such termination. Upon termination of Membership for any reason you must immediately destroy all copies of the Service and all of it’s applications. If ARTISTHEAD terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

(b) In addition, ARTISTHEAD reserves the right to terminate your Membership and access to the Service at any time for any reason, and with or without notice. Even after Membership is terminated, this Agreement will remain in effect in it’s entirety.

(c) You, the user may terminate your Membership to the Service at any time. Upon termination of this Agreement for any reason you must immediately destroy all copies of the Service and all of it’s applications.

Legal Policies and Notices

2. Disclaimers

2.1 ARTISTHEAD is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the ARTISTHEAD Service, whether caused by Users of the ARTISTHEAD Service or by any of the equipment or programming associated with or utilized in the ARTISTHEAD Service and such User Content does not necessarily reflect the opinions or policies of ARTISTHEAD. Profiles and third party applications created and posted by Members on the ARTISTHEAD Website may contain links to other websites. ARTISTHEAD is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by ARTISTHEAD. Inclusion of any linked website on the ARTISTHEAD Service does not imply approval or endorsement of the linked website by ARTISTHEAD. When you access these third-party sites, you do so at your own risk. ARTISTHEAD takes no responsibility for third party advertisements or third party applications that are posted on or through the ARTISTHEAD Service, nor does it take any responsibility for the goods or services provided by its advertisers. ARTISTHEAD is not responsible for the conduct, whether online or offline, of any User of the ARTISTHEAD Service. ARTISTHEAD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ARTISTHEAD is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ARTISTHEAD Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ARTISTHEAD Service. Under no circumstances shall ARTISTHEAD be responsible for any loss or damage, including personal injury or death, resulting from use of the ARTISTHEAD Service, attendance at a ARTISTHEAD event, from any User Content posted on or through the ARTISTHEAD Service, or from the conduct of any Users of the ARTISTHEAD Service, whether online or offline. The ARTISTHEAD Service is provided "AS-IS" and as available and ARTISTHEAD expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ARTISTHEAD cannot guarantee and does not promise any specific results from use of the ARTISTHEAD Service.

2.2 The listing, or absence of listing, of any document in the Service's search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service's search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service.

2.3 ARTISTHEAD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.

3. Limitation on Liability

3.1 IN NO EVENT SHALL ARTISTHEAD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ARTISTHEAD SERVICE, EVEN IF ARTISTHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTISTHEAD's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTISTHEAD FOR THE ARTISTHEAD SERVICE DURING THE TERM OF MEMBERSHIP.

3.2 Any controversy or claim arising out of or relating to these Terms or our sites will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Nevada, United States of America, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Nevada, United States of America, necessary to protect the rights or property of you or the Party (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

3.3 These Terms constitute the entire agreement between you and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

4. License to ARTISTHEAD

4.1 Testimonials of Musicians, Fans, or Industry Members posted to ARTISTHEAD e-mail or otherwise submitted to it will not be used by ARTISTHEAD for commercial purposes, without written or verbal consent from that producer. Disclaimer of Warranty

4.2 This site, its audio interface, and other elements are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. ARTISTHEAD makes no representation or warranties of any kind with respect to this site or its contents. Specifically, ARTISTHEAD does not warrant that this site, the audio interface, and other elements herein will be uninterrupted or error-free. USE OF THIS SITE IS AT THE RISK OF THE USER OR PARTICIPANT.

5. Additional Limitations of Liability

Under no circumstances, including, but not limited to, negligence, shall ARTISTHEAD be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, this site, and other elements herein. ARTISTHEAD is not liable for the defamatory, offensive or illegal conduct of any user or participant. The sole and exclusive remedy for a user or participant dissatisfied with this site or with any of its Terms or Conditions is to discontinue using the site. BY CONTINUING TO USE ARTISTHEAD, A USER OR PARTICIPANT AGREES TO ABIDE BY THESE TERMS AND CONDITIONS.

6. U.S. Export Controls

Software available in connection with the ARTISTHEAD Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the ARTISTHEAD Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

7. Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of The State of Nevada, United States of America, without regard to its conflict of law provisions. You and ARTISTHEAD agree to submit to the exclusive jurisdiction of the courts located within The State of Nevada, United States of America, to resolve any dispute arising out of the Agreement or the ARTISTHEAD Service. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

8. Indemnity

8.1 You hereby agree to indemnify, defend and hold the Service, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

8.2 You agree to indemnify and hold ARTISTHEAD, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ARTISTHEAD Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the ARTISTHEAD Service causes ARTISTHEAD to be liable to another.

9. Other

This Agreement is accepted upon your use of the ARTISTHEAD Website or any of the ARTISTHEAD Service and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ARTISTHEAD regarding the use of the ARTISTHEAD Service. The failure of ARTISTHEAD to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ARTISTHEAD is a service-mark of ARTISTHEAD MUSIC, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

10. Miscellaneous Provisions

10.1 ARTISTHEAD may at any time revise these Terms and Conditions by updating this page. Users of this site and participants in the games contained herein are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound.

10.2 If any provision of these Terms and Conditions shall be unlawful, void, of for any reason unenforceable then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHT NOTICE WARNING  - ARTISTHEAD comprises and contains copyright content. You may not distribute, copy, publish or use the content or any part of the content in any way. You may not alter, manipulate, add to or delete the content or any part of the content without the permission of the copyright owner. Copyright for all content on the ARTISTHEAD web site remains with the copyright owner.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.