Terms
of Service for use of this web
site
Indieartistmanager.com
©
2007
All Rights Reserved
1.
ACCEPTANCE OF
TERMS
Welcome
to the Indieartistmanager.com website.
INDIEARTISTMANAGER.COM provides its service to you,
subject to the following Terms of Service (“TOS”), which
may be updated by us from time to time without notice to
you. You can review the most current version of the TOS
at any time. In addition, when
using particular INDIEARTISTMANAGER.COM services, you
and INDIEARTISTMANAGER.COM shall be subject to any
guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the
TOS.
INDIEARTISTMANAGER.COM also may offer various
services from time to time which may be governed by
different terms of servi
2. DESCRIPTION
OF SERVICE
INDIEARTISTMANAGER.COM
currently provides users with a website which provides
access to a venue of a broad variety of items which are
being offered for sale by third-parties, as well as
advertising and links to related services and service
providers (the “Service”). The Service
provided by INDIEARTISTMANAGER.COM may be modified from
time to time without notice. It is important
to note that since INDIEARTISTMANAGER.COM solely
provides the venue, it is not involved in the actual
transaction between buyers and sellers. As a result,
INDIEARTISTMANAGER.COM has no control over the quality,
safety or legality of the items advertised, the truth or
accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. We cannot
ensure that a buyer or seller will actually complete a
transaction.
You also understand and agree that the Service
may include advertisements and that these advertisements
are necessary for INDIEARTISTMANAGER.COM to provide the
Service. Unless explicitly stated otherwise, any new
features that augment, modify or enhance the current
Service, shall be subject to the TOS. You understand and
agree that the Service is provided “AS‑IS” and that
INDIEARTISTMANAGER.COM assumes no responsibility for the
timeliness, deletion, mis‑delivery or failure to store
any user communications or personalization
settings.
You
are responsible for obtaining access to the Service and
that access may involve third party fees (such as
Internet service provider or airtime charges). You are
responsible for those fees, including those fees
associated with the display or delivery of
advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the
Service.
3. PRIVACY
POLICY
Registration
Data and certain other information about you is subject
to our Privacy Policy. For more information, see our
full privacy policy at http://www.indieartistmanager.com/privacy.html
4. CONDUCT
You
understand that all information, data, text, sound,
photographs, graphics, video, messages or other
materials (“Content”), whether publicly posted or
privately transmitted, are the sole responsibility of
the person from which such Content originated. This
means that you, and not INDIEARTISTMANAGER.COM, are
entirely responsible for all Content that you upload,
post, download, email, transmit or otherwise make
available or receive via the Service.
INDIEARTISTMANAGER.COM does not control the Content
posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
Under no circumstances will INDIEARTISTMANAGER.COM be
liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
INDIEARTISTMANAGER.COM
does not control the information provided by sellers
which is made available through our system.
INDIEARTISTMANAGER.COM does not claim ownership of
Content submitted or made available on the Service. You
acknowledge that INDIEARTISTMANAGER.COM does not
pre‑screen or verify Content. You may find
seller’s information to be inaccurate, offensive,
harmful or deceptive. Please use caution and common
sense when using our site. Please note that there are
also risks of dealing with underage persons or people
acting under false pretense. Additionally, there may
also be risks dealing with international trade and
foreign nationals.
Earnings,
Career Advancement, and Legal Disclaimer:
As
with any career or business, your results may vary, and
will be based on your individual capacity, business
experience, expertise, and level of desire. There are no
guarantees concerning the level of success you may
experience. Each individual’s success depends on
his or her background, dedication, desire and
motivation.
There
is no assurance that the purchase of any of our
products, coaching services, or material reviews
and critiques, or any service provided by
INDIEARTISTMANAGER.COM and its affiliates and
associates will advance your career or
earnings. We cannot guarantee your future results
and/or success. There are some unknown risks in career
endeavors and business and on the internet that we
cannot foresee which can reduce results. We are not
responsible for your actions.
The
use of our information, products and services should be
based on your own due diligence and you agree that our
company is not liable for any success or failure of your
career or business that is directly or indirectly
related to the purchase and use of our information,
products and services.
Indieartistmanager.com and its associates are music
career consultants and offer advice and consultations on
that subject.
Indieartistmanager.com
and it's associates are not Attorneys and are not
licensed to offer legal or financial counsel or
advice. Any information contained in this web site
or Indieartistmanager.com's affiliated web sites, or
during the course of consultations, is not
intended to offer legal or financial advice.
When
there is a need for legal advice i.e.
contract review, or before entering into any contractual
obligation, we highly recommend seeking the advise and
counsel of a licensed Attorney.
Indieartistmanager.com,
its writers, and associate expressly disclaim any
liability that may arise from the implementation of
advise, consult, or content contained in this web site
or it's affiliated web sites.
5.
INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission of
technical data exported from the United
States or the country
in which you reside.
6.
INDEMNITY
You
agree to indemnify and hold INDIEARTISTMANAGER.COM, and
its directors, officers, employees, subsidiaries, and agents
harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or
arising out of Content you submit, post, transmit or
make available through the Service, your use of the
Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of
another.
7.
RELEASE
Because
we are not involved in the actual transaction between
you and third party partners, in the event that you have
a dispute with one or more users, you release
INDIEARTISTMANAGER.COM (and our officers, directors,
agents, subsidiaries and employees) from claims, demands
and damages (actual and consequential) of every kind and
nature, known and
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes.
8. DEALINGS
WITH ADVERTISERS
Your
correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of
related goods or services, and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between you and such
advertiser. You agree that INDIEARTISTMANAGER.COM shall
not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the
Service.
9. LINKS
The
Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because
INDIEARTISTMANAGER.COM has no control over such sites
and resources, you acknowledge and agree that
INDIEARTISTMANAGER.COM is not responsible for the
availability of such external sites or resources, and
does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials
on or available from such sites or resources. You
further acknowledge and agree that
INDIEARTISTMANAGER.COM shall not be responsible or
liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or
services available on or through any such site or
resource.
10. DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE
THAT:
(a)
YOUR USE OF THE SERVICES PROVIDED BY
INDIEARTISTMANAGER.COM IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
INDIEARTISTMANAGER.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON‑INFRINGEMENT.
(b)
INDIEARTISTMANAGER.COM MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR‑FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
(c)
ANY MATERIAL OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
(d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM INDIEARTISTMANAGER.COM OR
THROUGH OR FROM THE SERVICES PROVIDED BY
INDIEARTISTMANAGER.COM SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
(e)
Although every effort has been made to correctly and
authoritatively present the material offered at this Web
Site it is presented with the understanding that the
author and publisher are not engaged in rendering legal,
accounting, or other professional advice. The material
offered at this Web Site is intended to convey
information only and should not be construed as advice.
If expert assistance is needed, a competent professional
person should be consulted. Also, the information is
offered "as is" and the author and publisher make no
claim, and do not guarantee results of any kind,
expressed or implied. It is also possible those mistakes
have been made, or that the material may be
misinterpreted by the reader. Therefore, the author and
publisher accept no responsibility for any use, misuse,
or misunderstanding of the information offered at this
Web Site.
11.
LIMITATION OF
LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT
INDIEARTISTMANAGER.COM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF INDIEARTISTMANAGER.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICES OR INFORMATION ON THE INDIEARTISTMANAGER.COM
WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICES ON THE INDIEARTISTMANAGER.COM
WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICES OR INFORMATION PROVIDED
ON THE WEBSITE.
12.
EXCLUSIONS AND
LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY
NOT APPLY TO YOU.
13.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and
INDIEARTISTMANAGER.COM and govern your use of the
Service and Website, superceding any prior agreements
between you and INDIEARTISTMANAGER.COM. You also may be
subject to additional terms and conditions that may
apply when you use affiliate services, third‑party
content or third‑party software. The TOS and the
relationship between you and INDIEARTISTMANAGER.COM
shall be governed by the laws of the Commonwealth of Pennsylvania
without regard to its conflict of law provisions. You
and INDIEARTISTMANAGER.COM agree to submit to the
personal and exclusive jurisdiction of the courts
located within the county of Montgomery, Pennsylvania. The
failure of INDIEARTISTMANAGER.COM to exert-
Indieartistmanager.com or enforce any right or provision
of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to
use of the Service, Website or the TOS must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
You
can contact indieartistmanager.com at this web
address
