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ACCEPTANCE OF TERMS
SCE Stations provides its service to you subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. It is your responsibility to read these Terms and Conditions carefully and to review the Terms and Conditions as amended from time to time. By accessing and using SCE Stations you accept and agree to be bound by our Terms and Conditions as they exist at the time of use. You also agree to be bound by our Privacy Policy referred to below and incorporated herein by reference. SCE Stations also offers other services that are governed by additional Terms and Conditions.
DESCRIPTION OF SERVICE
SCE Stations provides users a place on the internet to upload and post their sound recordings, musical works, compositions, videos, songs, lyrics, art, visual images or other similar material (hereinafter called “materials”) and listen/watch other users. You understand and agree that the service may include advertisements and that these advertisements are necessary for SCE Stations to provide the service. You also understand and agree that the service may include certain communications from SCE Stations, such as service announcements, administrative messages and the SCE Stations Newsletter, and that these communications are considered part of SCE Stations membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms and Conditions.
AUTHORIZED USERS
Please be aware that some content on SCE Stations may contain adult or mature content. You must be at least 18 years of age to access and view such content.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of our Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SCE Stations has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SCE Stations has the right to suspend or terminate your account and refuse any and all current or future use of the SCE Services (or any portion thereof).
PRIVACY POLICY
User profile information and materials that was supplied by you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.scestations.com/PrivacyPolicy.htm. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SCE Stations.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SCE Stations of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SCE Stations cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
USE OF MATERIALS
You understand that any material you post or upload on this web site may be used for advertisement and/or promotion of SCE Stations. We also reserve the right to sell any material posted or uploaded to this web site. SCE Stations will pay you royalties if we sell your material. Although we here at SCE Stations use our technical knowledge to try and keep your material from being obtained by third parties, 100% security on the internet does not exist and thus your material may be obtained by third parties without our knowledge. We can not and will not be responsible for any material that was obtained from SCE Stations without our knowledge.
OWNERSHIP RIGHTS AND ARTIST WARRANTY
You, the Artist agree, represent and warrant that (a) all materials that you upload or post on SCE website is your or your band’s property and that you either own the copyright to the material or have the express written permission from the owner of the copyrighted materials (b) the music material is your or your band’s own original work, and contains no sampled material, (c) you have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement, (d) the Material does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (e) the Material does not and will not violate any law, statute, ordinance or regulation; (f) the Material is not and will not be defamatory, trade libellous, pornographic or obscene, (g) all materials are free of computer viruses and / or any type of programming code that could
potentially harm, alter or destroy the operations of SCE or its users (h)all music materials which you upload are of good merchantable audio-recording quality (i) all factual assertions that you have made and will make to us are true and complete, and (j) if any member of your group is a minor, you hereby warrant that you have the legal right to execute this Agreement on behalf of the minor artist and guarantee such person’s performance of the terms of this Agreement. You shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the materials, including but not limited to any applicable union and/or guild payments, “sample” or “replay” licenses or payments, and mechanical, synchronization or public performance royalties. You agree to indemnify and hold us and our users and merchandise buyers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and
warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this Agreement. These warranties shall survive any termination of this Agreement.
LICENCE GRANT
You retain all copyright and ownership rights to your uploaded materials. By submitting the materials you grant to SCE Stations a non-exclusive worldwide licence to use your uploaded materials free from all fees and royalties, unless otherwise agreed to and specified by you. This licence gives SCE Stations the right to (i) reproduce, distribute, publicly perform, publicly display and perform, whether digital or otherwise, the materials in whole or in part (including the right to create compilations which include your music), (ii) create use and sample of materials for demonstrating or promoting our or your products or services (iii) use the name, approved photograph and/or likeness (es) of any individuals represented in the materials and trademarks, logos, service marks provided with the materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Music Merchandise, and SCE Stations website. (v) reformat, convert or duplicate materials into formats
other than the materials original format (vi) create compilations which include your music in whole or in part with or without multiple artists. You also agree not to assert any privacy, publicity, moral or similar rights held by you (and any other person(s) whose performances are embodied in the Music Merchandise) under the laws of the United States and any other country in connection with the exploitation of such materials.
PROHIBITED CONTENT
Users are prohibited from posting or uploading the following content on SCEStations.com:
- Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
- Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
- Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
- Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of SCEStationso.com, does not otherwise have redeeming value to the community. SCEStations.com may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
- Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
- Content promoting or providing instructional information about illegal activities.
- Content depicting cruelty to animals.
- Copyrighted content or material that is used without the express permission of the owner.
- Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
- Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
- Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of SCEStations.com, servers or another user’s computer.
- Content that violates any applicable laws or regulations not specifically referenced herein.
SCEStations.com does not control or endorse the content, messages or information found in any user-generated content or uploaded material and, therefore, SCEStations.com specifically disclaims any and all liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material. You agree to use the services provided by SCE tations.com only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use SCEStations.com in any manner that interferes with its normal operation or with any other users use and enjoyment thereof.
RIGHT TO REJECT MEDIA CONTENT
SCE Stations has no obligation to monitor the content which has been uploaded or posted to our website for compliance with the foregoing. However, SCE Stations reserves the right to review materials uploaded or posted to our website and to remove any materials in our sole discretion for any reason or no reason, at any time, with or without notice to you. SCE Stations reserves the right to terminate your access to any or all of the services offered by SCE Stations at any time without notice for any reason whatsoever.
MODIFICATIONS TO SCE Stations SERVICES
You understand and agree that the Service is provided "AS-IS" and “AS AVAILABLE” and that SCE Stations does not assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, account profile information and/or media content.
SCE Stations reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SCE Stations Services (or any part thereof) with or without notice. You agree that SCE Stations shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SCE Stations Services (or any part thereof).
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
The content on the SCEStations.com website, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to SCEStations.com, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. SCE Stations reserves all rights not expressly granted in and to the website and said content. All copyright, trademarks, service marks, and other intellectual property rights in this website (including the names, images and logos identifying SCEStations.com, design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content and uploaded materials, shall remain at all times the property of SCEStations.com. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.
INFRINGEMENT OF COPYRIGHT
SCE Stations is not in a position to determine the ownership of materials. SCE Stations policy on ownership rights is for the parties alleging misuse of material to directly resolve it between the parties. SCE Stations on written notification of alleged infringement of any material shall at its own discretion remove the allegedly infringing content from the website.
If you believe that any of your intellectual property rights have been violated by material available on the SCEStations.com, you will need to provide, at a minimum, the following information immediately:
- The nature of your complaint and an exact description of where the material about which you complain is located within the site.
- In the case of a copyright/trademark dispute, identification of the copyrighted/trademarked work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law.
- Your name, address, telephone number, and email address.
- A statement by you that the above information is accurate and, in the case of a copyright/trademark dispute, that you are the owner of the copyright/trademark involved or are authorized to act on behalf of that owner.
- Your electronic or physical signature.
FINDER’S FEE
If as a result of your exposure on SCE STATIONS website you are introduced to a producer with whom you later sign you agree to pay SCE STATIONS a fee in the amount of ten (10%) of the signed contract amount or $2,000 USD whichever is greater.
TERMINATION
This Agreement shall remain effective until terminated by you or by SCE Stations. Upon termination all of our licence rights terminate. SCE Stations reserves the right to terminate your account without notice if you are found to be in violation of any of the terms and conditions detailed in this agreement.
LINKS
SCE Stations may provide, or third parties may provide, links to other World Wide Web sites or resources. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You acknowledge and agree that SCE Stations is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, information or other materials on or available from such sites or resources. You further acknowledge and agree that SCE Stations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
Under no circumstances shall SCE Stations be liable for any direct, indirect, punitive, incidental, special or consequential damages or any loss or damages of any kind whatsoever that result from the use of, or the inability to use the service. You acknowledge and agree that SCE Stations is not liable for (i) any errors, mistakes or inaccuracies of content (ii) any defamatory, offensive or illegal conduct of any user (iii) any failure of performance, error, omission , interruption, cessation, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction (iv) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through our website by any third party (iv) personal injury or property damage of any nature whatsoever resulting from your access to and use of our website and related services (v) unauthorized access to, alteration of or use of your transmissions, data or records, whether under contract or tort theory or under any
other cause of action or (vi) any other matter arising out of or in any way relating to the use or performance of the SCE Stations website and services.
DISCLAIMER
You agree that the use of the website and related services is at your sole risk. The website, materials and related services are provided on an “as is” and “as available” basis without warranties of any kind, whether expressed or implied, arising by law or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Neither this agreement nor any documentation furnished under it is intended to express or imply any warranty that the operation of the website and related services will meet your requirements or be uninterrupted, timely, secure or error-free. You acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for and waive any and all claims and causes of action with respect to any damages to your computer system, internet access, download or display
device or loss of data that results from the download or sale of such material and/or data. SCE Stations will not be liable for the consequences of any interruptions or errors on the website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the website.
INDEMNITY
You agree to release and hold SCE Stations and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all losses, damages, rights, claims, suits, actions or demands of any kind, including reasonable attorneys fees, due to or arising from or related to: (i) telephone, electronic, hardware or software, network, internet or computer malfunctions, failures or difficulties of any kind; (ii) failed, incomplete, garbled or delayed computer transmissions; (iii) any conditions caused by events beyond the control of SCE Stations that may cause the website or related services to be disrupted or disrupted; (iv) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the website, materials or related services. In addition you agree to defend, indemnify and hold SCE Stations harmless from any claims, suits, actions or demands of any kind including reasonable attorneys’ fees made by a third party due to or arising
out of your use of the website, materials or related services including but not limited to content you submit, post, upload, transmit, modify or otherwise make available through the SCE Stations Services; your use of the SCE Stations Services; your connection to the SCE Stations Services; your violation of the Terms and Conditions, or ; your violation of any rights of another or any other act or omission by you. This defense and indemnification obligation will survive these Terms of Service and your use of SCE Stations Website.
LAW AND JURISDICTION
These Terms and Conditions of Service shall be governed by and construed in accordance with the laws of the State of Georgia. Disputes arising from these Terms and Conditions of Service or your use of the SCEStations.com website shall be exclusively subject to the jurisdiction of the courts of Georgia. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
MISCELLANEOUS
If any of these Terms and Conditions or any other policies posted by management on the SCEStations.com website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of SCEStations.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
The section headings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise affect these terms and conditions.
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