Date of Last Revision: February 25, 2011
WorldSings.com is a premier music and social networking site that offers a world wide contest (“Contest”) for members to participate in selecting the “WorldSingsTM, World’s Best Song” via online voting and culminating in a live concert in Las Vegas for prizes totaling up to $100,000!
WorldSings.com (“site”) provides a unique venue and opportunity where musicians and music fans from anywhere in the world can interact, promote themselves, provide links to their music videos, send messages, leave comments, vote for contestants, and compete for prizes totaling up to one hundred thousand dollars ($100,000) in an online and live concert competition (“Services”). In addition to these Services, if you register with this site as a registered user (“Member”) including as a musician or band (“Contestant”) you may be able to create your own Member profile page (“Profile page”). Both registered users and Contestants are referred collectively throughout this Agreement as “Member” or “Members”.
Fees: You acknowledge that WorldSings reserves the right to charge for the Services and to change its fees from time to time in its sole discretion. If WorldSings terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Term: Users can terminate their Membership at any time and for any reason. WorldSings may terminate your Membership at any time without notice and with or without reason. This Agreement will be in full force and effect throughout your use of this site and the Services and after termination of your Membership.
Unauthorized Use: The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized or endorsed by WorldSings. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Profile pages without notice and may result in termination of Membership privileges. Illegal and unauthorized usage includes: use of automated means, including spiders, robots, or the like to sign on, use, or receive information through this site; collecting usernames and/or email addresses of Members or Contestants by electronic means for the purpose of sending unsolicited email; use of Services or the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; intimidation or harassment of other Users. Unauthorized or illegal usage will result in immediate termination of the User’s Membership in addition to the taking of appropriate legal action.
You shall be solely responsible for all the content in your Profile page, including without limitation, all images, links, messages, notes, text, information, musical works, audio video, advertisements, listings, works of authorship and other content that you upload, publish or display (“post”) on or through the Service or the site, or transmit to or share with other users (“User Content”). You shall not post, transmit, or share User Content on the Site or Service unless it was created by you, or in which you have obtained permission to post. By posting any content, you certify and represent that you own the content posted, or have otherwise obtained the rights to the content and have the right to grant the license set forth herein. You agree to pay for any royalties, fees, and any other costs that are owed anyone due to content posted by you, including codex license fees for submitting your entries in MP3 format, if applicable. You understand and agree that WorldSings may delete or remove, without notice, any User posted content, in its sole discretion, that it determines violates this Agreement, or which might be offensive, illegal, or that might violated the rights, harm, or threaten the safety of Users or others.
After posting your User Content to the site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. WorldSings does not claim any ownership rights in the User Content that you post to WorldSings. By posting any User Content on or through the site, you hereby grant to WorldSings an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, publicly perform, publicly display, reproduce, reformulate, excerpt (in whole or in part) and distribute such User Content solely on and through the site, for any purpose including commercial, advertising, or otherwise, on or in connection with the site of the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. To the extent that you do not own or otherwise have the rights to your User Content or any portion thereof, the foregoing license is void as a matter of law, and you will indemnify, defend and hold harmless Worldsings from all damages, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys ‘ fees) attributed to your submission of infringing materials. You may remove your User Content from the site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that WorldSings may retain archived copies of your User Content.
WorldSings is not responsible for, and does not endorse, any User Content or any information or material transmitted between Users. Users are entirely responsible for the content posted and WorldSings makes no warranties as to the accuracy or reliability of any User Content or material posted by Users.
This site may not be used to conduct any activity that could be deemed, at WorldSings sole discretion, as illegal, offensive, prohibited, or fraudulent. WorldSings expressly reserves the right to investigate and remove any offending User Content and terminate the User’s access to the Services. WorldSings may take necessary legal action against anyone who violates this or any other provision contained in this Agreement.
WorldSings lists the following prohibited contents and/or activities as illustrative only and not exhaustive of the material which may not be posted to the site. If WorldSings determines, at its sole discretion, that any User Content or activity constitutes prohibited material, or violates the rights of any person, or threatens the safety of any person, WorldSings will delete such content and terminate the offending User’s access to the Services.
Prohibited content and activity includes, without limitation:
1. Any material that is patently offensive.
2. Any material or activity that promotes, exploits, or incites racism, violence, hatred, physical harm, vandalism, illegal, fraudulent or criminal activity.
3. Any material that exploits or contains nudity, sexuality and pornography.
4. Any material or activity that violates anyone’s privacy rights, such as providing contact information, personal data, or misrepresentation of identity.
5. Any material or activity intended to harass or advocates harassment of another person or interferes with their use of the site.
6. Any material or activity that violates any intellectual property rights, including copyrights, trademarks, rights of publicity, tradesecrets and the like.
7. Any attempt to tamper with the WorldSings web site, database, and security features including conduct that impairs the quality, functionality or performance of this site.
8. Selling or transferring your Profile page.
9. Any attempt to unfairly influence, circumvent or abuse the voting process, judging, selection process, and prize allocations of the Contest and Services.
10. Any material or activity that violates any of the provisions of this Agreement.
11. Any material that constitutes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising, promotional materials or any other solicitation of other users to use goods or services; provided, however, you may promote your song entries and performance dates and venues of yourself, your group or your band.
WorldSings strictly prohibits any activity that violates and infringes the intellectual property rights of others. Users may not post, distribute, upload or transmit on or through this site, any copyrighted material, trademarks or other proprietary information, unless it is owned by and belong to you, or for which you have obtained written consent from the true owner to use. Unauthorized copying, public display, public performance, distribution or modification of copyrighted works may be an infringement of the copyright owner’s rights. If WorldSings receives notification from the copyright owner, or the copyright owner’s authorized representative, that any Member has repeatedly violated the copyright of another, WorldSings will terminate the Member’s access to the Services.
Notification of infringement under 17 U.S.C. 512(c)(3)
Anyone who believes that any material on this site infringes upon any copyright that you own or have the right to control, may send written notification to WorldSings, containing the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Send the notification to: WorldSings.com, LLC, c/o Copyright Violations, P.O. Box 11491, Burbank, California 91510.
Wordsings is not responsible for backing up any data related to your Profile, any User Content or other type of data attributed to your participation in the Site and Contest. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER CONTENT THAT YOU SUBMIT TO THE SITE AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST USER CONTENT, WHETHER YOUR OWN OR THAT BELONGING TO YOUR GROUP OR BAND.
Third Party Web Sites
World’s Best Song Contest
Only registered Musicians and Bands can compete in the “WorldSingsTM, World’s Best Song” contest. Only Musicians and Bands that have read and accepted the Contest Rules may participate in the Contest as a Contestant.
WorldSings.com Property Rights
WorldSings.com, LLC, has and retains all intellectual property rights to the contents of the site, including to all trademarks, service marks, logos, and copyright work contained therein, that has been made by or on behalf of WorldSings, or is otherwise licensed to or owned by WorldSings. All such content is subject to copyright and other applicable intellectual property rights under United States and foreign laws and international conventions. All rights are hereby expressly reserved.
You are solely responsible for your interactions with other Members and Users. WorldSings reserves the right, but is not obligated, to monitor disputes between you and other Member or Users.
WorldSings is not liable and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WorldSings is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to User or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall WorldSings be responsible for any loss or damage, including personal injury or death, resulting form use of the Services, attendance at a WorldSings event, including from attending or performing at the Live Concert competition, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline.
Limitation on Liability
IN NO EVENT SHALL WORLDSINGS.COM, LLC, ITS AGENTS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS AND EMPLOYEES (“PROTECTED PRTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF YOUR USE OF THE SERVICES, EVEN IF WORLDSINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROTECTED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WORLDSINGS FOR THE WORLDSINGS SERVICES DURING THE TERM OF MEMBERSHIP. BUT IN NO CASE WILL THE PROTECTED PARTIES’ LIABILITY TO YOU EXCEED $1000 IN THE AGREGATE. YOU AGREE THAT IF NO FEES ARE PAID TO WORLDSINGS FOR THE SERVICES, YOU SHALL BE ENTITLED TO MONETARY DAMAGES LIMITED TO $1000 ONLY, AND HEREBY WAIVE ANY RIGHTS TO INJUNCTIVE RELIEF. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
Except for indemnification, you agree that any dispute, claim or controversy arising out of or relating to your use of this site and any of the Services, including the breach, termination or validity of this Agreement, shall be settled by final and binding arbitration, which is the sole and exclusive forum and remedy for any and all disputes and claims, in accordance with the terms contained herein. Arbitration under this Agreement shall be conducted by a single arbitrator in Los Angeles, California under the auspices of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and were applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, and the AAA Online Arbitration Supplementary Rules. Any dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and with respect to indemnification, you agree to personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, in the city of Los Angeles. None of the foregoing shall prevent WorldSings from seeking injunctive relief in a court of competent jurisdiction. Except for indemnification, each party shall equally bear the arbitrator fees and their own attorney fees.
You agree to indemnify and hold WorldSings, its subsidiaries, and affiliates, and their respective officers, agents, members, managers, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on this site or through the Services causes WorldSings to be liable to another.
This Agreement constitutes the entire agreement and understanding between you and WorldSings regarding the use of the site and Services. This agreement supercedes any prior agreements between you and WorldSings. If any provision of this Agreement is held to be invalid, the remainder of this Agreement shall remain in full force and effect. Any provision of this Agreement that is found to be unlawful, void or unenforceable will be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions. Failure of WorldSings to exercise or enforce any provision of this Agreement does not constitute a waiver of that or any other provision of this Agreement. There are no third party beneficiaries to the Contest, the Services or your use of this site. We may assign the Services and this Agreement to any party at any time without notice to you.
WorldSings.com, LLC, c/o Legal Dept., P.O. Box 11491, Burbank, California 91510.
BY CLICKING “ACCEPT” YOU AGREE TO THESE TERMS AND CONDITIONS
Or by mail to:
P.O. Box 11491
Burbank, CA 91510
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