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User Agreement
The OUTmusic web site has been created to provide an online platform for the GBLT community of songwriters, musicians, recording artists and other music professionals.
Your use of sites operated or serviced by OUTmusic constitutes your acceptance of the following terms of service.
When using particular OUTmusic Network services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. BY USING THE NETWORK, YOU ARE STATING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE DO NOT USE THE NETWORK. Furthermore, you agree that the OUTmusic may change the terms and conditions of this Agreement at any time by posting such changes on the OUTmusic Network and that your continued use of the Network after any such posting will constitute your acknowledgment and acceptance of the revised terms and conditions.
Anyone can visit our Site, and review a range of information about our members and other materials relating to the OUTmusic community, without registering. However to post information on our Site, and to obtain access to certain other materials or information from our Site, we request that you become a registered user. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form ("Registration Data"), including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. You agree to notify us within 2 week period of any changes in your Registration Data. Failure to comply with this provision may result in immediate termination or suspension of your right to use the Site. Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.
Should you become a registered user, certain portions of your use of and access to the Site may be subject to payment of certain fee(s) to us. We offer different subscription package levels for different fees as identified on our Site.
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by OUTmusic (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by OUTmusic
The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about our bands, musicians other materials relating to the GBLT OUTmusic community to the users of our Site (collectively, "Permitted Uses"). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.
With respect to any photographs, video clips or sound clips you may provide to OUTmusic for posting on your electronic press kit (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to OUTmusic a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions SOLELY IN CONNECTION WITH THE SITE.
OUTmusic does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments. OUTmusic has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as OUTmusic shall have no obligation to return any Comments to you.
Without limiting any of the foregoing, you furthermore agree that OUTmusic may use or disclose information about you and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the OUTmusic Site to which you may be permitted access through the OUTmusic Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.
Along with other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. OUTmusic disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, OUTmusic will comply with court orders directing OUTmusic to disclose the identity of users posting such information or materials, or otherwise directing compliance by OUTmusic.
You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.
OUTmusic does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. OUTmusic does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of OUTmusic is used as part of the link to this Site.
We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or the entire Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.
In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.
You agree to indemnify OUTmusic, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.
OUTmusic may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.
Privacy Policy
This Privacy Policy ("Privacy Policy") constitutes the agreement between you and OUTmusic regarding your provision, and our collection and use, of contact and other information you may provide while using our Site. In this Privacy Policy, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to OUTmusic.
By using our Site, you consent to this Privacy Policy.
This Privacy Policy only applies to information you provide to us online while visiting or using our Site. It does not apply to information we have obtained offline or through other traditional means. Information you may provide in visiting or using our Site falls into two broad categories: personally identifiable information, and aggregate information. "Personally Identifiable Information" is information that can be used to identify or contact you, such as your name, phone number, email address, or mailing address. "Aggregate Information" is information that does not identify you, and may include, for example, statistical information concerning the web pages on our Site that users most frequent. Our Privacy Policy governs both categories of information, as detailed below.
We allow you to decide whether you wish to provide us with Personally Identifiable Information. Accordingly, we have structured our Web Site so that you may visit our Site, and review a range of information about artists and musicians other materials relating to the music industry, without revealing your identity or providing any Personally Identifying Information.
One of our goals in creating this Web Site, however, is to enable artists and musicians to post information about themselves and their music and to enable music promoters and other music professionals in and outside of the GBLT community to access such postings and book appearances. Therefore, in order to post any such information and book appearances, and in order to access certain other materials or information from our Site, we ask that you register and provide us with contact and other information, as provided below.
To post information on our Site, and to obtain access to certain other materials or information from our Site, we ask that you become a registered user. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. Our obligations concerning, and permitted uses of, any Personally Identifiable Information that you provide during the registration process are set out below.
As indicated above, you may use our Site without registering or submitting any information to us. In that case, the only information we collect from your visit will be Aggregate Information that does not identify you in any way. Our obligations concerning, and permitted uses of, Aggregate Information are also set out below.
If you choose to participate in surveys or questionnaires which from time to time we may post on the Site, we may ask that, in addition to providing your responses, you also provide contact and other Personally Identifiable Information. If we link, or combine in any way your responses with your Personally Identifiable Information, we will treat the combined information as Personally Identifiable Information under our Privacy Policy, as provided below. If we separate your responses from, and they are independent of any Personally Identifiable Information, such that a third party reviewing your responses would be unable to link the responses to you or your practice, the responses will be treated as Aggregate Information under our Privacy Policy, again as provided below.
From time to time, you may wish to provide us with comments and feedback concerning our Site generally. By communicating with us for these purposes, you may provide us with your email address and other Personally Identifiable Information. We will handle such information that you provide in this manner in accordance with our Privacy Policy for Personally Identifiable Information, set out below.
When you browse our Site, the choices you make may provide information concerning your interests and concerning the appeal and efficacy of associated Site features. For example, if you spend time browsing information on events taking place in Georgia and Florida, this suggests that you may have an interest in events in the Southeast generally. If a number of visitors spend time browsing information on events taking place in Georgia and Florida, this may suggest that we have designed this portion of our Site effectively.
OUTmusic uses Personally Identifiable Information you provide to us on our Site to post your information and other submissions, and for other purposes specific to our Site. In connection with postings you may request we make on the Site, users of our Site shall have access to such information - which may include personal information about you. For example, your name, address, telephone number and/or email address may be included in your personal page listing or other submissions you request we post for contact purposes.
From time to time, we also may use Personally Identifiable Information you give to us to provide you with information concerning newsletters, updates, and other materials related to the purposes of our Site. We also will use this information to respond to questions and comments from you, and to inform you of changes to our Privacy Policy or Terms and Conditions of Use. You are free at any time to opt-out of receiving email and other information we may send to you by following the directions set out below.
To measure our visitors' interest in and use of various areas of our Site, and for other purposes set out below, we collect Aggregate Information -- which is information that does not identify you. Aggregate Information obtained through cookies, for example, allows us to monitor how many users are visiting our Site, and what areas of the Site present the most interest to our users. We are able then to use this information to improve the functionality and interest of Site. We also use Aggregate Information to prepare statistical and other summary analyses of our users' behavior and characteristics.
We may share Aggregate Information, and reports based on this Information, with third parties unrelated to the Site. Rest assured, however, that no such Aggregate Information that we provide to third parties will allow anyone to identify you, or determine anything personal about you. For example, we might report to unrelated third parties (a) the number of users of our Site; (b) the materials our users review while at our Site; or (c) the fact that "45% of our users live on the East Coast." We may charge third parties for this information, and we may or may not limit the third parties' use of this information. We do not allow third parties to attempt to make Aggregate Information personally identifiable by, for example, seeking to combine it with other information.
To advance the goals of our Site, we may link (a) the Personally Identifiable Information you have provided; with (b) Aggregate Information concerning (for example) your interests and preferences, as collected through our cookies. Linking this information will allow us to create information packages and services that are better tailored to your interests and preferences. Among other effects, linking this information may allow us generally to improve and focus our Site. If we combine or link any information with your Personally Identifiable Information, the resulting combination will be treated as Personally Identifiable Information under this Privacy Policy. Accordingly, please be aware that in such instances, personal information about you may be made generally available on the Site in connection with postings you may request we make on the Site, as set forth above.
We have put in place security systems designed to prevent unauthorized disclosure of information you provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
We allow you at any time to update, correct, or delete Personally Identifiable Information you have provided us. After submitting your registration information, you can view and modify this information within the "Edit Profile" page of the Site.
If you request, we will remove your name and other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. If you wish to remove your name and other Personally Identifiable Information from our database, please contact us.
Because Aggregate Information does not personally identify our users, we do not provide our users with access to Aggregate Information, and users may not update, revise, or delete any Aggregate Information.
Our Site is not directed at children, and we will not accept or request personal information from individuals we know to be under 18. If we learn that a child under 18 has provided us with Personally Identifiable Information, we will delete this information from our databases, in accordance with our deletion policy, set out above.
If we include a "chat" or "forum" feature to the Site, you may decide to participate in an online discussion. Please keep in mind that any information you provide while participating in an online chat or forum will be available to all participants. These participants, and their transferees, may use Personally Identifiable Information and other information you disclose in this manner, to contact you and for other purposes. Accordingly, if we choose to provide such features at the Site, we ask that you participate prudently, as this Privacy Policy will not cover the information you disclose in online discussions at our Site.
To give you access to other information relating to the music industry, from time to time we may include on the Web Site certain links to other sites. We provide these links as a convenience, and we do not endorse the content or services offered by, or the privacy policies in place at, these other sites.
Our Privacy Policy covers only information we collect at the Site, and other sites to which we link may have privacy policies that differ considerably from our Privacy Policy. We have structured our Site to make it reasonably clear when you leave our Web Site and enter another web site. We encourage you to review the privacy policies of each site you visit through our links to ensure you are comfortable with these policies. We are not responsible for the conduct or policies of these third parties.
There are two exceptions to our Privacy Policy. First, we may disclose Personally Identifiable Information as may be required in legal proceedings, or in response to a subpoena, court order, or administrative order compelling disclosure. Second, in cases involving a threat of imminent harm to you or others, we may release such information to prevent or mitigate the threat. In any such case, we will seek to limit the scope of disclosure, and will disclose only such information as is reasonably required to fulfill the purpose of the disclosure.
From time to time we may revise our Privacy Policy. We will post these changes here, in our Privacy Policy. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed.
In addition to this Privacy Policy, your use of our Site is also subject to our Terms and Conditions of Use (our "Terms of Use"). The provisions of our Terms of Use are incorporated herein, including, without limitation, Sections 12 (Choice of Law and Jurisdiction), 14 (Assignment), 17 (Severability), 18 (Survival) and 19 (Complete Agreement).
By using our Web Site, you consent to our collection and use of information, in accordance with this Privacy Policy. If you do not agree with some, or all of the terms of this Privacy Policy, please refrain from becoming a registered user, or from visiting our Site. |
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