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    ARTISTDIRECT.COM TERMS OF USE - Updated Nov 12, 2010

    Terms of Use

    BY ENTERING ARTISTDIRECT.COM (THE "SITE"), YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE THIRTEEN (13) YEARS OLD OR OLDER. By accessing and using the Site, or by clicking "I Accept" when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms of Use") and the Privacy Policy referenced below ("Privacy Policy"). If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.

    Introduction

    Welcome to the ARTISTDIRECT.COM website (the "Site"). This Site is owned and operated by RogueLife, LLC ("ARTISTdirect", "we", or "us"), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider and its content providers, business partners, and other parties (collectively, "Service Provider").

    Registration; User Names and Passwords

    You may be required to register in order to access certain areas of the Site. To become a Registered User, you must be at least 13 years of age and have a valid, active U.S.-based e-mail address at the time of registration. To register you will be required to submit your full name, e-mail address (which must be a valid, active U.S.-based e-mail address), date of birth, country of residence, password, and user name ("User Name"); however, we caution you against using your full name for your User Name for privacy reasons. With respect to any such registration, ARTISTdirect may refuse to grant you, and you may not use, a User Name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property rights of any person; that is offensive; or that ARTISTdirect rejects for any other reason in its sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or User Name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or User Name. You agree to immediately notify ARTISTdirect of any unauthorized use of your password or User Name or any other breach of security related to your account or the Site, and to ensure that you "log off"/ exit from your account with the Site (if applicable) at the end of each session. ARTISTdirect is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

    Use of the Site

    ARTISTdirect grants you permission to use the Site limited as follows:

    You must comply with all applicable laws, rules and regulations while using the Site; This Site contains material, such as software, text, graphics, images, video, audio, and other material (collectively referred to as the "Content"). The Content may be owned by ARTISTdirect or may be provided through an arrangement ARTISTdirect has with others, including other users of the Site, our Service Provider, and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from ARTISTdirect or the owner of the Content. If you are granted written permission to use Content on the Site, you must retain all copyright and other proprietary notices contained in the original Content on any permitted copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose without written permission. The use or posting of the Content on any other website or in a networked computer environment for any purpose without written permission is expressly prohibited;
    You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane 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. We will fully cooperate with any law enforcement authorities or any court order requesting or directing ARTISTdirect to disclose the identity of anyone posting or transmitting any such information or materials;
    You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any of ARTISTdirect's representatives, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that ARTISTdirect endorses any statement you make;
    You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purpose any portion of, use of, or access to the Site;
    You are prohibited from using the Site to advertise or promote any brand or product of any kind other than brands owned by ARTISTdirect;
    You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
    You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
    You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks; and
    You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site. User Materials and Community Features

    This Site offers opportunities for Registered Users to submit and post their own user content (collectively "User Materials"), including without limitation, posting of pictures and videos; participating in online chats; posting to user blogs; and posting to discussion forums (each, a "Community Feature"). The selection and availability of Community Features may change from time to time in our sole discretion.

    By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with the Site, whether solicited or unsolicited, you are granting ARTISTdirect and its Service Providers a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. ARTISTdirect and its Service Providers also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become ARTISTdirect's and its Service Provider's unrestricted licensed property. You also hereby grant each user of the Site a non-exclusive license to access your User Materials through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Material for purposes of backup, security, or maintenance, or as required by law.

    You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to ARTISTdirect in User Materials may be used by ARTISTdirect anywhere, anytime, and for any reason whatsoever. You understand and agree that no confidential or fiduciary relationship is established between you and ARTISTdirect by providing User Materials. By posting content to a message board, you have not entered into any contract - express or implied – for ARTISTdirect to use or purchase the content, any intellectual property contained in the content (including but not limited to trademark, copyrights, and right of publicity) or any ideas, concepts, techniques, procedures, methods, systems, designs, plans, or charts.

    You acknowledge that ARTISTdirect may obtain many ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, and that these may be similar to materials that ARTISTdirect or its affiliates have created or have access to in their ordinary course of business, and you waive any and all claims you may have had, may have, and/or may have in the future, that any materials used by ARTISTdirect may be similar to your User Materials. You acknowledge and agree that ARTISTdirect does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your User Material.

    You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by ARTISTdirect will not infringe or violate the rights of any third party in any manner.

    ARTISTdirect may at is own discretion monitor, filter, and prescreen User Materials, and while ARTISTdirect and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit, or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms of Use or is otherwise objectionable, you agree to evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the Site is "public," and in addition to the license granted to ARTISTdirect, other users will have access to your User Materials and might copy, modify or distribute them.

    In your use of any Community Feature, you agree that all User Materials uploaded, transmitted, distributed, or otherwise published in any form must comply with the following:

    To submit User Materials, you must be a Registered User. To become a Registered User, you must be at least 13 years of age and have a valid, active U.S.-based mailing address at the time of registration.
    You must follow all the general terms of use for the Site listed in the Use of the Site section above. Sometimes these submissions will be in connection with a contest or challenge ("Contest"). All User Materials submitted in connection with a Contest must comply with the Official Contest Rules applicable to such Contest.
    The User Materials may not contain any trademarks or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
    The User Materials may not contain any copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.) The User Materials may not contain any look-alikes of any celebrities or other public or private figures living or dead or materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead. If any User Materials contain persons other than yourself, you must obtain express written consent to submit the User Material and allow it to be used in the manner contemplated by these Terms of Use from each and every person depicted in the photograph (and, if requested to do so, can produce such written consent in a form and manner acceptable to us). You represent and warrant for all your User Material that you are the sole and exclusive right owner of your User Material and you have the full and exclusive right, power, and authority to submit the User Material. If you do not own all of the intellectual property in your User Material (i.e. copyrights, trademarks, rights of publicity), then you represent and warrant that you have written permission from the owner to use the intellectual property in your User Material (and, if requested to do so, can produce such written consent in a form and manner acceptable to ARTISTdirect.) If your User Material appears to endorse ARTISTdirect or any of its products or services and/or imply any association with ARTISTdirect, you consent to such appearance or endorsement and/or association. If a third party appears to endorse, or be associated with ARTISTdirect or its products or services, you represent and warrant that you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to ARTISTdirect.) The User Materials may not violate any law.
    You may not post any personal identification, such as license plate numbers, personal names, e-mail addresses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. You must not solicit personal information from anyone on the Site.
    You must not post content that is sexually oriented, explicit or suggestive or exploits people in a sexual or violent manner.
    You must not post any content that is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group.
    You must not post any content that harasses or advocates the harassment of another person.
    You must not post any content that promotes the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal.
    No posting may contain information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
    No posting may contain any content that infringes any party's trademark, trade secret, copyright, or other proprietary rights.
    No posting shall involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing, unsolicited commercial e-mails, instant messaging, "spimming" or "spamming."
    No posting may contain restricted or password only access to pages or hidden pages or images (those not linked to or from another accessible page).
    You acknowledge ARTISTdirect is not responsible for any User Material posted in any Community Feature. ARTISTdirect is merely providing access to such Community Features and User Materials as a service to our users to be used in accordance with these Terms of Use. The Community Features may only be used in a noncommercial manner (for entertainment purposes only). With respect to any User Materials posted by other users, such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Materials. Similarly, ARTISTdirect has no control over whether such User Materials are of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, ARTISTdirect expressly disclaims any responsibility for any User Material. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any such User Materials that you access.

    ARTISTdirect reserves the right, but not the obligation, to monitor and delete any User Materials deemed inconsistent with our policies in our discretion. ARTISTdirect also reserves the right to terminate the account of any user who violates any of these Terms of Use, as determined in ARTISTdirect's sole discretion.

    If you are aware of any User Materials on the Service which violate these Terms of Use, please contact ARTISTdirect. Please provide as much detail as possible, including a copy of the underlying material, the location where ARTISTdirect may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Materials if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Infringement Claims." Although ARTISTdirect may attempt to monitor User Materials, in no event does ARTISTdirect assume any particular obligation to do so or liability for failing to either monitor any Community Feature or remove specific User Materials.

    ARTISTdirect has no control over, and we shall have no liability for any damages resulting from, the use (including without limitation the republication) or misuse by any third party of information voluntarily made public through any User Materials or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.

    Privacy

    Any personal data (for example, your name, address, telephone number, or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by ARTISTdirect in accordance with the Site's Privacy Policy as posted at http://www.artistdirect.com/privacy-policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or User Materials, will be treated as non-confidential and nonproprietary and will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site.
    ARTISTDIRECT.COM TERMS OF USE - Updated Nov 12, 2010

    Terms of Use

    BY ENTERING ARTISTDIRECT.COM (THE "SITE"), YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE THIRTEEN (13) YEARS OLD OR OLDER. By accessing and using the Site, or by clicking "I Accept" when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms of Use") and the Privacy Policy referenced below ("Privacy Policy"). If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.

    Introduction

    Welcome to the ARTISTDIRECT.COM website (the "Site"). This Site is owned and operated by RogueLife, LLC ("ARTISTdirect", "we", or "us"), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider and its content providers, business partners, and other parties (collectively, "Service Provider").

    Registration; User Names and Passwords

    You may be required to register in order to access certain areas of the Site. To become a Registered User, you must be at least 13 years of age and have a valid, active U.S.-based e-mail address at the time of registration. To register you will be required to submit your full name, e-mail address (which must be a valid, active U.S.-based e-mail address), date of birth, country of residence, password, and user name ("User Name"); however, we caution you against using your full name for your User Name for privacy reasons. With respect to any such registration, ARTISTdirect may refuse to grant you, and you may not use, a User Name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property rights of any person; that is offensive; or that ARTISTdirect rejects for any other reason in its sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or User Name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or User Name. You agree to immediately notify ARTISTdirect of any unauthorized use of your password or User Name or any other breach of security related to your account or the Site, and to ensure that you "log off"/ exit from your account with the Site (if applicable) at the end of each session. ARTISTdirect is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

    Use of the Site

    ARTISTdirect grants you permission to use the Site limited as follows:

    You must comply with all applicable laws, rules and regulations while using the Site; This Site contains material, such as software, text, graphics, images, video, audio, and other material (collectively referred to as the "Content"). The Content may be owned by ARTISTdirect or may be provided through an arrangement ARTISTdirect has with others, including other users of the Site, our Service Provider, and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from ARTISTdirect or the owner of the Content. If you are granted written permission to use Content on the Site, you must retain all copyright and other proprietary notices contained in the original Content on any permitted copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose without written permission. The use or posting of the Content on any other website or in a networked computer environment for any purpose without written permission is expressly prohibited;
    You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane 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. We will fully cooperate with any law enforcement authorities or any court order requesting or directing ARTISTdirect to disclose the identity of anyone posting or transmitting any such information or materials;
    You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any of ARTISTdirect's representatives, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that ARTISTdirect endorses any statement you make;
    You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purpose any portion of, use of, or access to the Site;
    You are prohibited from using the Site to advertise or promote any brand or product of any kind other than brands owned by ARTISTdirect;
    You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
    You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
    You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks; and
    You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site. User Materials and Community Features

    This Site offers opportunities for Registered Users to submit and post their own user content (collectively "User Materials"), including without limitation, posting of pictures and videos; participating in online chats; posting to user blogs; and posting to discussion forums (each, a "Community Feature"). The selection and availability of Community Features may change from time to time in our sole discretion.

    By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with the Site, whether solicited or unsolicited, you are granting ARTISTdirect and its Service Providers a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. ARTISTdirect and its Service Providers also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become ARTISTdirect's and its Service Provider's unrestricted licensed property. You also hereby grant each user of the Site a non-exclusive license to access your User Materials through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Material for purposes of backup, security, or maintenance, or as required by law.

    You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to ARTISTdirect in User Materials may be used by ARTISTdirect anywhere, anytime, and for any reason whatsoever. You understand and agree that no confidential or fiduciary relationship is established between you and ARTISTdirect by providing User Materials. By posting content to a message board, you have not entered into any contract - express or implied – for ARTISTdirect to use or purchase the content, any intellectual property contained in the content (including but not limited to trademark, copyrights, and right of publicity) or any ideas, concepts, techniques, procedures, methods, systems, designs, plans, or charts.

    You acknowledge that ARTISTdirect may obtain many ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, and that these may be similar to materials that ARTISTdirect or its affiliates have created or have access to in their ordinary course of business, and you waive any and all claims you may have had, may have, and/or may have in the future, that any materials used by ARTISTdirect may be similar to your User Materials. You acknowledge and agree that ARTISTdirect does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your User Material.

    You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by ARTISTdirect will not infringe or violate the rights of any third party in any manner.

    ARTISTdirect may at is own discretion monitor, filter, and prescreen User Materials, and while ARTISTdirect and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit, or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms of Use or is otherwise objectionable, you agree to evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the Site is "public," and in addition to the license granted to ARTISTdirect, other users will have access to your User Materials and might copy, modify or distribute them.

    In your use of any Community Feature, you agree that all User Materials uploaded, transmitted, distributed, or otherwise published in any form must comply with the following:

    To submit User Materials, you must be a Registered User. To become a Registered User, you must be at least 13 years of age and have a valid, active U.S.-based mailing address at the time of registration.
    You must follow all the general terms of use for the Site listed in the Use of the Site section above. Sometimes these submissions will be in connection with a contest or challenge ("Contest"). All User Materials submitted in connection with a Contest must comply with the Official Contest Rules applicable to such Contest.
    The User Materials may not contain any trademarks or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
    The User Materials may not contain any copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.) The User Materials may not contain any look-alikes of any celebrities or other public or private figures living or dead or materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead. If any User Materials contain persons other than yourself, you must obtain express written consent to submit the User Material and allow it to be used in the manner contemplated by these Terms of Use from each and every person depicted in the photograph (and, if requested to do so, can produce such written consent in a form and manner acceptable to us). You represent and warrant for all your User Material that you are the sole and exclusive right owner of your User Material and you have the full and exclusive right, power, and authority to submit the User Material. If you do not own all of the intellectual property in your User Material (i.e. copyrights, trademarks, rights of publicity), then you represent and warrant that you have written permission from the owner to use the intellectual property in your User Material (and, if requested to do so, can produce such written consent in a form and manner acceptable to ARTISTdirect.) If your User Material appears to endorse ARTISTdirect or any of its products or services and/or imply any association with ARTISTdirect, you consent to such appearance or endorsement and/or association. If a third party appears to endorse, or be associated with ARTISTdirect or its products or services, you represent and warrant that you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to ARTISTdirect.) The User Materials may not violate any law.
    You may not post any personal identification, such as license plate numbers, personal names, e-mail addresses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. You must not solicit personal information from anyone on the Site.
    You must not post content that is sexually oriented, explicit or suggestive or exploits people in a sexual or violent manner.
    You must not post any content that is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group.
    You must not post any content that harasses or advocates the harassment of another person.
    You must not post any content that promotes the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal.
    No posting may contain information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
    No posting may contain any content that infringes any party's trademark, trade secret, copyright, or other proprietary rights.
    No posting shall involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing, unsolicited commercial e-mails, instant messaging, "spimming" or "spamming."
    No posting may contain restricted or password only access to pages or hidden pages or images (those not linked to or from another accessible page).
    You acknowledge ARTISTdirect is not responsible for any User Material posted in any Community Feature. ARTISTdirect is merely providing access to such Community Features and User Materials as a service to our users to be used in accordance with these Terms of Use. The Community Features may only be used in a noncommercial manner (for entertainment purposes only). With respect to any User Materials posted by other users, such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Materials. Similarly, ARTISTdirect has no control over whether such User Materials are of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, ARTISTdirect expressly disclaims any responsibility for any User Material. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any such User Materials that you access.

    ARTISTdirect reserves the right, but not the obligation, to monitor and delete any User Materials deemed inconsistent with our policies in our discretion. ARTISTdirect also reserves the right to terminate the account of any user who violates any of these Terms of Use, as determined in ARTISTdirect's sole discretion.

    If you are aware of any User Materials on the Service which violate these Terms of Use, please contact ARTISTdirect. Please provide as much detail as possible, including a copy of the underlying material, the location where ARTISTdirect may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Materials if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Infringement Claims." Although ARTISTdirect may attempt to monitor User Materials, in no event does ARTISTdirect assume any particular obligation to do so or liability for failing to either monitor any Community Feature or remove specific User Materials.

    ARTISTdirect has no control over, and we shall have no liability for any damages resulting from, the use (including without limitation the republication) or misuse by any third party of information voluntarily made public through any User Materials or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.

    Privacy

    Any personal data (for example, your name, address, telephone number, or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by ARTISTdirect in accordance with the Site's Privacy Policy as posted at http://www.artistdirect.com/privacy-policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or User Materials, will be treated as non-confidential and nonproprietary and will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site.

    Copyright and Other Proprietary Rights

    All the content on this Site is copyrighted unless otherwise noted. All the copyrighted content is either owned by ARTISTdirect or ARTISTdirect has permission to use the content from its owners. Content includes, but is not limited to, text, images, audio or video. The content on this site may not be used by you in any manner, or for any purpose, without ARTISTdirect's express written permission and/or the consent of any third party ARTISTdirect deems necessary, except as provided for herein. Any unauthorized use by you of the content on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

    Trademarks

    By entering this site you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") contained on this site is owned or licensed by ARTISTdirect and may not be used by you without ARTISTdirect's prior written approval. ARTISTdirect will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of ARTISTdirect or used on this Site with permission from its owner. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without ARTISTdirect's written content and/or consent of such third party that owns the Trademarks. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

    Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

    Any sweepstakes, Contests, raffles, surveys, or similar promotions made available through the Site will be governed by specific rules that are separate from and in addition to these Terms of Use. By participating in any such sweepstakes, Contest, raffle, survey, or similar promotion, you will become subject to those rules, which may vary from the Terms of Use set forth herein. ARTISTdirect urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which in addition to these Terms of Use, governs any information you submit in connection with such activities.

    Limitation of Liability

    By entering this Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this Site are liable for any direct, incidental, consequential, indirect, special, or punitive damages, or any other losses, costs, or expenses of any kind (including, without limitation, lost profits, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements) which may arise, directly or indirectly, through the access to, use of, reliance on any material or content on the Site, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, even if ARTISTdirect has been advised of the possibility of such damages. Without limiting the foregoing, ARTISTdirect assumes no responsibility, and will not be liable, for any damages relating to or caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Site. ARTISTdirect cannot and does not guarantee continuous, uninterrupted, or secure access to the Site.

    ARTISTdirect and all parties involved in creating, producing or delivering this Site, assume no responsibility or liability which may arise from the content on its Message Boards thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

    Release of Liability

    You agree to release, discharge, indemnify, and hold harmless ARTISTdirect from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages or losses to any person from your participation in any of the activities on the Site such as the Community Features and Contests or otherwise accessing this Site, including without limitation, your breach of these Terms of Use or the use by us or our designees of any rights granted by you.

    Warranties

    THE SITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARTISTDIRECT MAKES NO WARRANTY: (A) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SITE; (E) THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

    Exceptions

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ARTISTDIRECT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    Filtering

    Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation web site: http://www.netparents.org/oarentstips/browsers.html

    Links to Third Party Sites

    Although this Site may be linked to other sites, ARTISTdirect is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site, you acknowledge and agree that ARTISTdirect has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.

    Revision of Terms

    ARTISTdirect reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this Site. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms of Use.

    Revision to the Site

    We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; limit the Site's availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some and all users of the Site. You agree that ARTISTdirect will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, User Materials, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

    Termination

    You agree that ARTISTdirect, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if ARTISTdirect believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use in its sole discretion. Upon any such termination, your right to use some portions, if not all, of the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effectuated without prior notice, and that ARTISTdirect may immediately deactivate or delete your account, User Name, and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that ARTISTdirect will not be liable to you or any third party for any termination of your access to the Site or to any such information or files or will be required to make such information or files available to you after any such termination.

    Copyright Infringement and Copyright Agent

    We respect the intellectual property of others, and we ask our visitors to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

    (A)a physical signature of the person authorized to act on behalf of he owner of the copyright or other intellectual property interest;
    (B)a description of the copyrighted work or other intellectual property that you claim has been infringed;
    (C)a description of where the material that you claim is infringing is located on the Site;
    (D)your address, telephone number, and email address;
    (E)a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    (F)a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.

    Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
    By mail:

    Copyright Agent
    Relativity Media, LLC
    8899 Beverly Blvd. Suite 510
    West Hollywood, CA 90048

    By phone: 310-859-1250
    By web-form email

    Disputes

    These Terms of Use shall be governed by and construed in accordance with the laws of California, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms of Use or your use of the Site, the proper jurisdiction and venue shall be the state or federal courts in Los Angeles County, California. You consent to the exercise of personal jursidiction of these courts over you in the event of such a dispute.

    Indemnity

    You agree to defend, indemnify and hold harmless ARTISTdirect from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, access to, or activities in connection with, the Site; (b) any violation of these Terms of Use by you or through your account; (c) any allegation that any User Material or posting that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, publicity, privacy or other intellectual property or other rights of any third party; or (d) any claim that your User Materials or postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

    Contact Us

    Under California Civil Code 1789.3, California users are entitled to the following rights notice: If you have a question or complaint regarding this Site, please contact us. You may also contact us in writing at ARTISTDIRECT.COM Webmaster, Relativity Media, LLC, 8899 Beverly Blvd., Suite 510, West Hollywood, CA 90048 or by telephone at 310-859-1250.

    International Users; Void Where Prohibited

    The Site is controlled, operated and administered by ARTISTdirect from its offices within the United States. ARTISTdirect makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United States or accessible from territories where the contents available through the Site are illegal or prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Moreover, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate, or win prizes, if applicable, in the sweepstakes, Contests, raffles, surveys, or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

    Export Laws

    You may not use the Service or export the materials on this Site in violation of United States export laws and regulations. The Site may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of specially designated nationals or on the United States Commerce Department's table of Deny Orders.

    General

    Waiver. Any failure by ARTISTdirect to enforce any of its rights under these Terms of Use or applicable laws shall not constitute a waiver of such right.

    Severability. If any provision of these Terms of Use is found to be invalid, you and ARTISTdirect shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms of Use shall retain their full force and effect.

    Headings. The headings titles in these Terms of Use are provided solely for convenience and have no legal or contractual significance.

    Notices. You agree that ARTISTdirect may provide you with notices in connection with the Site by e-mail, regular mail, or postings on the Site.

    Force Majeure. ARTISTdirect will not be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.