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| Infusician.com Terms of Use |
| Acceptance of Terms |
| By using and/or visiting Infusician.com
(sometimes referred to as the "Website" and collectively includes
all content made available through the domain name Infusician.com)
you agree to comply with these terms and conditions (hereafter referred
to as "Terms of Use" or simply "Terms"). You also agree to comply
with Infusician.com's privacy policy which can be found here
Should you disagree with any of these Terms inclusive of the privacy
policy, please do not use the Website. These Terms are applicable to both registered Members (collectively those who register as "Music Fan Members" and "Musician Members") and non-registered users of the Website. The Website may contain links to third party websites whose content and practices are not controlled by Infusician.com. These third party websites have their own separate terms and conditions and privacy policies which are in your best interest to read. Infusician.com has no responsibility for these third party websites. Through your usage of Infusician.com, you do not hold Infusician.com accountable for any liability that may arise from your use of the third party websites. Infusician.com may modify these Terms at any time. Such modifications shall be effective once they are posted to the Website. Through your usage of the Website after the modifications have been made effective, you agree to be bound to changes to the Terms. As changes to these Terms may occur at any time and without notice, please reference this page from time to time to view the latest Terms. |
Agreement to Comply with Creative Commons |
| The fuel behind Infusician.com is the
ability to allow others to build and improve upon the creations you
submit to the Website. In order to submit audio files, video files,
and other supporting material to the Website, you are agreeing that
you are submitting your work under the Creative Commons
Attribution 2.5 License With this
license, you are stipulating that both registered Members and non-registered
users of the Website are allowed to perform the following to your
work: copy, distribute, display, and perform the work; make derivative
works; and make commercial use of the work. All of the aforementioned
are allowed by you as long as the person performing the aforementioned
to your work provides credit to the original author (you). By no means are you giving up your rights of ownership to your work. Simply, through agreeing with the Creative Commons Attribution 2.5 License provided by Creative Commons, you are stipulating how others may exercise your copyright rights regarding your work. Creative Commons, a non-profit, is focused on expanding the accessibility of creative works so others can legally build and improve upon them. The Creative Commons Attribution 2.5 License that Creative Commons offers is one of the most accommodating licenses. This license was chosen by Infusician.com as it provides the most optimal permissibility for music collaboration and listening on the Website. NOTE: Demo songs uploaded to the site are not covered by the Creative Commons Attribution 2.5 License. Please view the Creative Commons section of this website for more information. For more information on the non-profit Creative Commons, please visit their website at creativecommons.org |
Member Submissions and Conduct |
| Members are allowed to submit audio
files, video files, photographs, messages, or other materials and
communications ("Content") to the Website. You understand that the
Content is the sole responsibility of the person uploading, posting,
emailing, transmitting, or otherwise making available via the Website.
This means that Infusician.com is not responsible for this Content.
Your use of the Website may subject you to Content that can be considered
offensive, objectionable, inaccurate, and indecent. Infusician.com,
under no circumstances, is not and will not be liable for Content.
By your use of the Website, you agree to waive any legal or equitable
rights or remedies you have or may have against Infusician.com and
agree to indemnify and hold Infusician.com, its founders, owners,
employees, service providers, licensors, and/or its suppliers harmless
to the fullest extent permitted by law regarding all matters related
to your use of the Website. As a Member of the Website, you further agree to not upload, post, email, transmit, or otherwise make available Content: (i) that infringes copyright, patent, trademarks, or other proprietary rights of any party; (ii) that you do not have the right to make accessible under any law, contractual agreement, or fiduciary agreement; (iii) that are misrepresentations or falsehoods that could damage a third party or Infusician.com; (iv) that is unlawful, defamatory, threatening, harmful, abusive, obscene, libelous, pornographic or invasive of another's privacy; (v) that is hateful, harassing, racially or ethically offensive; (vi) that encourages criminal conduct, gives rise to civil liability, violates laws, or is otherwise inappropriate; (vii) that contains advertisements or solicitations of business; (viii) that contains software viruses; and (ix) that impersonate another person, entity, or Infusician.com. As a Member of the Website, you further agree to not: (i) use or launch any automated systems inclusive of spiders, robots, crawlers, etc. with the exception of internet search engines and non-commercial public archives; (ii) collect personally identifiable information for commercial or unlawful purposes; (iii) contact a member who has requested to not be contacted; (iv) harass anyone; (v) use another member's account without permission; (vi) attempt to "hack" into the Infusician.com computer systems; and (vii) engage in any activity that interferes or diminishes the functionality or performance of the Website. At any time, Infusician.com reserves the right to determine the appropriateness of Content and its compliance with these Terms for violations outside of copyright infringement. This is inclusive but is not limited to Content that is pornographic, defamatory, or is excessive in length. Content may be removed and/or the member providing such material may have his/her access terminated for uploading such material. This can occur without prior notice and at the sole discretion of Infusician.com. It is important to note that Infusician.com assumes no responsibility to monitor the Website for appropriateness of Content or member conduct. When Infusician.com chooses to monitor Content and/or Member conduct, Infusician.com nonetheless takes no accountability for the Content, no obligation to change or delete improper Content, and no accountability for Members providing the Content. By your use of the Website, you agree that Infusician.com may access and disclose your account information and Content if required by law or in good faith belief. Please view the Infusician.com Privacy Policy. |
Member Submissions of Personally Identifiable Information |
| Members have the ability to provide certain personally identifiable information (AIM ID, Skype ID, and Skype URL) for both Members and users of the Website to view. Providing this personally identifiable information is a way for Members to contact and/or be contacted by others who wish to collaborate on works. This personally identifiable information is solely voluntarily provided by you. Providing this information is not required to register with the Website. If you do not wish to contact and/or be contacted by other Members or users of the Website by AIM or Skype, then do not provide your AIM ID, Skype ID, and Skype URL. Infusician.com, under no circumstances, is not and will not be liable for this personally identifiable information as it is voluntarily provided by you. By your use of the Website, you agree to waive any legal or equitable rights or remedies you have or may have against Infusician.com and agree to indemnify and hold Infusician.com, its founders, owners, employees, service providers and/or its licensors harmless to the fullest extent permitted by law regarding all matters related to you providing this personally identifiable information. |
Termination of Service |
| Infusician.com reserves the right to remove any Content you provide, terminate your account or terminate your access to the Website without prior notice if Infusician.com deems that you have not acted in accordance with these Terms. Upon or in conjunction with the termination of your account or access to the Website, Content you provided will be removed from the Website. You agree that Infusician.com is not liable to you or any third parties for termination of your account or access to the Website. |
Warranty Disclaimer |
| You agree that your use of Infusician.com is solely at your risk. Infusician.com makes no warranties or representations of any kind about the accuracy or completeness of the Website's content or any content of websites linked to the Website. To the fullest extent permitted by law, Infusician.com: (i) disclaims any warranties for the accuracy, performance, timeliness, and security of the Website; (ii) disclaims any warranties for services or goods acquired through or publicized on Infusician.com or accessed through links on Infusician.com; and (iii) disclaims any warranties for computer viruses or other malicious computer files downloaded from Infusician.com. |
Limitations of Liability |
| In no event shall Infusician.com be liable to you for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including lost profit damages arising from any manner of your use of the Website. Infusician.com will not be liable to you for damages arising from your misuse of the Website, inability to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website. Infusician.com will not be liable to you for damages arising from services or goods acquired through or publicized in conjunction with Infusician.com or any links on Infusician.com. Infusician.com will not be liable to you for damages resulting from information or advice received through or advertised in conjunction with Infusician.com or any links on Infusician.com. These limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You agree that Infusician.com shall not be liable for Content or the offensive, illegal, or defamatory conduct of any third party and that the risk of harm or damage from the aforementioned resides solely with you. Infusician.com does not make representation that the Website is appropriate or available for use in all locations. Accessing the website from jurisdictions outside of the United States of America is done so at your own discretion with the understanding that you are responsible to comply with local law. |
Limitations of Service |
| Infusician.com may establish limits regarding the use of the Website. These limits include without limitation the length of audio and video files that are uploaded, number of days Content can be stored with the Website, number and size of comments and postings to forums, number and size of email messages, and the number of times you can access the Website. Infusician.com reserves the right to alter or discontinue the Website without notice. Infusician.com shall not be liable to you or to any third party for any alterations, suspension or discontinuance of the Website. Your use of the Website is your acknowledgement of these Limitations of Service. |
Indemnity |
| You agree to indemnify and hold harmless Infusician.com, its founders, owners, employees, service providers, licensors, and suppliers from any claims, liabilities, losses, demands, damages, obligations, costs, debt, and expenses (including but not limited to attorney fees and court costs) emerging from: (i) your access and use of the Website; (ii) your violation of these Terms; (iii) your violation of any rights of others including but not limited to privacy, property, or copyright rights; or (iv) any claim that your Content caused damage to another party. |
Eligibility to Accept Terms of Use |
| Infusician.com is intended for those who are 14 years of age or older. You affirm that you are 14 years of age or older. |
Infusician.com Name and Website |
| "Infusician.com" and "Infusician" names along with the Content of Infusician.com that is not provided by its Members are protected by copyright, trademark, trade secret and other laws to the maximum extent permitted. Audio files, video files, and supporting material submitted by Members are protected under the Creative Commons Attribution 2.5 License. |
Headings in these Terms |
| Headings used in these Terms are provided for convenience only and have no legal or contractual effect. |
General |
| You agree that any claim or dispute that may arise between you and Infusician.com shall be governed by the laws of the State of California without respect to conflict of law provisions and that any claim or dispute shall be determined exclusively by a court of competent jurisdiction in San Francisco County, California. These Terms and the Privacy Policy constitute the entire agreement between you and Infusician.com regarding the use of the Website. Infusician.com's failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provisions of these Terms are deemed void, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall not affect the validity of any remaining provisions. The remaining provisions shall remain in full force and effect. |
Contacting Us |
| Please direct your questions regarding these Terms of Use to the following email address: terms@infusician.com |
| © Copyright 2007 Infusician.com. All Rights Reserved. |