for Members of ARTIST DATA SYSTEMS
Effective Date: This Terms of Use Agreement was last updated on August 18, 2009.
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR REGISTERING WITH ARTIST DATA SYSTEMS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, IMMEDIATELY CEASE ALL USAGE OF THIS WEBSITE.
This Terms of Use Agreement (“Agreement”) sets forth the standards of use of the ARTIST DATA SYSTEMS services. ARTIST DATA SYSTEMS reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Users will be notified about the changes, with the chance to agree with the new Terms or cancel their account.
1. Registration Terms and Requirements
Your registration with the ARTIST DATA SYSTEMS service is for your ownpersonal and business use. You may authorize others to use your registration, but you may not assign or otherwise transfer your account to any other person or entity. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access.
Either you or ARTIST DATA SYSTEMS may terminate your ARTIST DATA SYSTEMS membership at any time, for any reason, without explanation, effective upon sending written notice to ARTIST DATA SYSTEMS. ARTIST DATA SYSTEMS reserves the right to immediately suspend or terminate your access to ARTIST DATA SYSTEMS, without notice, upon any breach of this Agreement by you.
2. Disclaimer of Warranties.
ARTIST DATA SYSTEMS provides service on an "as is" basis and grants no warranties of any kind, expressed, implied, statutory, in any communication with ARTIST DATA SYSTEMS or its representatives, or otherwise with respect to the service. ARTIST DATA SYSTEMS specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Local and applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
ARTIST DATA SYSTEMS does not warrant or guarantee the third party synchronization feature offered to members, as changes to the third party website may cause the synchronization to fail. ARTIST DATA SYSTEMS will make efforts to correct any synchronization failures in a timely manner. Should such third party websites expressly prohibit or create barriers that prohibit ARTIST DATA SYSTEMS to provide the third party synchronization feature, ARTIST DATA SYSTEMS will discontinue this feature.
3. Modifications and Interruption to Service
ARTIST DATA SYSTEMS reserves the right to modify or discontinue the ARTIST DATA SYSTEMS service with or without notice to the Member. Should ARTIST DATA SYSTEMS discontinue the ARTIST DATA SYSTEMS service, ARTIST DATA SYSTEMS will refund membership or advertising fees paid by the Member for those months not used due to ARTIST DATA SYSTEMS service being discontinued. ARTIST DATA SYSTEMS shall not be liable to the Member or any third party for any other reason should ARTIST DATA SYSTEMS exercise its right to modify or discontinue the ARTIST DATA SYSTEMS service. Member acknowledges and accepts that ARTIST DATA SYSTEMS does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
4. Limitation of Liability
ARTIST DATA SYSTEMS is not liable for the integrity of statements made by members or users of ARTIST DATA SYSTEMS. By registering with ARTIST DATA SYSTEMS, you are agreeing that neither ARTIST DATA SYSTEMS nor any of its associates may be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this service, or any websites linked to this website, including, without limitation, to damages arising out of communicating and/or meeting with other members of this service, or introduced to you via this service. Such damages include, without limitation, monetary damages, physical damages, bodily injury and or emotional distress and discomfort.
Notwithstanding anything to the contrary contained herein, ARTIST DATA SYSTEM’S liability to you for any cause whatsoever, under any legal theory whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ARTIST DATA SYSTEMS for the service during the term of the ARTIST DATA SYSTEMS membership.
5. Indemnification
Member agrees to indemnify and hold ARTIST DATA SYSTEMS its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the ARTIST DATA SYSTEMS service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
6. Information Supplied by Member
ARTIST DATA SYSTEMS will keep all personal information supplied by you to ARTIST DATA SYSTEMS confidential, and shall only use or disclose such information as necessary to ensure the safety and integrity of our Members and users, to fulfill our service obligations to you, and in accordance with our Privacy Policy, see www.ArtistData.com/privacy. Note that user’s names and/or band names may be disclosed by ARTIST DATA SYSTEMS through publication of a user’s list. No other personal information will accompany such publication. By registering with ARTIST DATA SYSTEMS you are consenting to such use of your name and/or band name.
7. Content Posted By Parties Other Than ARTIST DATA SYSTEMS
Opinions, advice, statements, offers, or other information or content made available through the ARTIST DATA SYSTEMS service of ARTIST DATA SYSTEMS, but not directly by ARTIST DATA SYSTEMS, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ARTIST DATA SYSTEMS does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than ARTIST DATA SYSTEMS. Under no circumstances will ARTIST DATA SYSTEMS be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on ArtistData.com or transmitted to ARTIST DATA SYSTEMS members.
It is possible that other ARTIST DATA SYSTEMS members or users (including unauthorized users, or "hackers") may post or transmit offensive materials on the ARTIST DATA SYSTEMS website and that you may be involuntarily exposed to such offensive materials. Additionally, should an unauthorized user gain access to ARTIST DATA SYSTEMS site, such unauthorized user may be able to post offensive material directly to artists websites, through the content management system services. ARTIST DATA SYSTEMS takes precautions to avoid unauthorized users from accessing our site; however, we offer no guarantee that such will not occur.
ARTIST DATA SYSTEMS is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the ARTIST DATA SYSTEMS service or release to others. ARTIST DATA SYSTEMS reserves the right, but has no obligation, to monitor the materials posted in the public access areas of the ArtistData.com service. ARTIST DATA SYSTEMS shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of ARTIST DATA SYSTEMS, you remain solely responsible for the content of the materials you post in the public access areas of the service and in your private e-mail messages. E-mails sent between you and other ARTIST DATA SYSTEMS members that are not readily accessible to the general public will be treated as private by ARTIST DATA SYSTEMS to the extent required by applicable law. Use of this website, including any materials posted to this website by you, is entirely at your own risk.
8. Complaints
To submit a complaint regarding the ARTIST DATA SYSTEMS service or to report conduct violating this Agreement, you should first contact ARTIST DATA SYSTEMS Customer Support by submitting a ticket here.
9. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While ARTIST DATA SYSTEMS makes every effort to ensure that the information on this website is accurate, we do not endorse nor make any representations or warranties as to the accuracy or reliability of any information provided on this website.
ARTIST DATA SYSTEMS makes no warranties or representations whatsoever with regard to any products or materials provided or offered by any Vendor, or any results that may be obtained through using them, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Governing Jurisdiction
ARTIST DATA SYSTEMS is organized under the laws of the State of Maryland. As such, we are subject to the laws of the State of Maryland, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Maryland, and you are responsible for compliance with applicable local laws.
11. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Access or use of our website from territories where the contents are illegal is prohibited.
12. Proprietary Rights
ARTIST DATA SYSTEMS owns and retains other proprietary rights in all services offered by ARTIST DATA SYSTEMS. ArtistData.com contains the copyrighted material, trademarks, and other proprietary information of ArtistData.com, its licensors and licensees. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information or content to any public area of ArtistData.com, you automatically grant, and you represent and warrant that you have the right to grant to ARTIST DATA SYSTEMS members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
13. Copyrights and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 ARTIST DATA SYSTEMS, will all rights reserved, or is the property of ARTIST DATA SYSTEMS and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ARTIST DATA SYSTEMS is strictly prohibited. Member agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ARTIST DATA SYSTEMS.
ARTIST DATA SYSTEMS™, ADS™ and ArtistData.com,™ are proprietary marks of ARTIST DATA SYSTEMS. ARTIST DATA SYSTEM’S trademarks may not be used in connection with any product or service that is not provided by ARTIST DATA SYSTEMS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ARTIST DATA SYSTEMS.
All other trademarks displayed on ARTIST DATA SYSTEMS’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with ARTIST DATA SYSTEMS.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by ARTIST DATA SYSTEMS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy and Privacy Disclosure Statement. ARTIST DATA SYSTEMS may revise these Terms at any time by updating and amending this posting. You should review this page form time to time to review the current Terms because they are binding on you.