USER/FAN AGREEMENT
Welcome to gimmesound.com
By using and/or visiting this website (including all content and functionality available through the
gimmesound.com domain name, the "Site"), you signify your agreement to (1) these terms and conditions (this "USER/FAN AGREEMENT"), and (2) the Site's privacy policy, found at
http://www.gimmesound.com/Help.cfm#privacy and incorporated here by reference. If you do not agree to any of these terms or the Site's Privacy Policy, please do not use the gimmesound.com Website.
DOWNLOADING MUSIC
When you download a song, or any music ("Song" or "Songs") from the gimmesound.com website (the "Site"), you are asked to and must agree to the following Terms and Conditions:
Van Ness Group, Inc. ("the Company") hereby grants you ("User" or "you"), a limited personal license to download Songs from the the Site for your personal use pursuant to the terms and conditions stated in this USER/FAN AGREEMENT (the "Agreement."), effective March 28, 2009 (the "Effective Date")
Personal Use Only
You understand and agree that all Songs on the Site are for your personal entertainment use only. You expressly agree not to distribute or broadcast any Songs downloaded or otherwise obtained through the Site, or use the Songs for any commercial purposes without the express written consent of the artist who owns the rights to the Songs. You can contact the artist by clicking on the CONTACT ARTIST button in the Artist Profile (just to the right of the music player controls).
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Site is AT YOUR SOLE RISK. The Site is provided on AN "AS IS" AND "AS AVAILABLE" BASIS. The Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MUSIC DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You expressly understand and agree that The Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES resulting from your use of the Site or downloading of any Songs.
SUBMITTING VIDEOS, PHOTOS, STORIES, COMMENTS, ETC.
When you join gimmesound.com (the "Site"), you may have the opportunity to submit video content, photo and/or image content, and textual content in various forms, including, but not limited to messages to artists, messages to other fans, stories, contest entries, etc., (collectively the "Material"). When you submit any Material to the Site, you:
- represent and warrant that you own all necessary legal rights to upload, stream, download, publish in written from and otherwise digitally distribute all the Material you have submitted to the Site;
- grant to Van Ness Group, Inc. (“the Company”) – on behalf of yourself, and all other authors and performers in the Material (if any), and any other persons or entities which hold publishing, performance or other rights in the Material (collectively, the “Rights Holders”) – a non-exclusive worldwide perpetual license to stream, download, list, publish in written form and describe the Material only on the Site;
- represent and warrant that you have all rights necessary to (a) submit the Material, (b) grant The Company the License; (c) enter into this Agreement; (d) that nothing in the Material violates the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity or other right; and that (e) this Agreement does not conflict with any other agreement or obligation by which you or any other Rights Holder is bound;
- represent and warrant that you will not upload, post, email, transmit or otherwise make available on the Site any Material or other content which contain material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another's privacy, or that contains any virus, trap door, Trojan Horse, disabling device or remote control mechanism that might, or might be utilized to, impede the operation of the Site or its host server;
- acknowledge and agree that the Company has no liability for any violation of any third party's legal rights as a result of your submitting the Material, and agree to indemnify the Company for any and all attorneys' fees and other expenses which may result from distributing any of the Material you submit;
- acknowledge and agree that, upon receipt of a third party complaint regarding any Material you have submitted, the Company may, for any reason, with or without notification to you and at The Company's sole discretion, remove from the Site any and all Material that you have submitted to the Site;
Miscellaneous
You expressly agree that this Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, United States, applicable to contracts wholly made and wholly performed in Massachusetts. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and may only be modified by a written amendment signed by both parties.
