You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ShowcaseYourMusic.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ShowcaseYourMusic.com Website. Talk to your parents about what sites are appropriate for you.
The content on the ShowcaseYourMusic.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ShowcaseYourMusic.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
reserves all rights not expressly granted in and to the Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ShowcaseYourMusic.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ShowcaseYourMusic.com Website or the Content therein.
2. User Content
The ShowcaseYourMusic.com Website permits the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ShowcaseYourMusic.com does not guarantee any confidentiality with respect to any submissions.
a. Prohibited Content
By posting information on these Sites or otherwise using any interactive service that may be available to you on or through these Sites, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content-including text, communications, software, images, sounds, data, or other information that:
1. Could be
harmful to minors;
2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a user name, or otherwise violates ShowcaseYourMusic.com’s Terms or policies or these Terms;
3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
5. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as spamming), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes or advertising;
6. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
7. Impersonates any person or entity, including any employee or representative of ShowcaseYourMusic.com. You also agree that you will not harvest or collect information about the users or members of these Sites or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
b) Prohibited Activity
You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years old) without appropriate prior verifiable parental consent. Personal information includes but is not limited to name, address, phone number, or name of their school. ShowcaseYourMusic.com Inc. Home-based schooling, virtual academy ShowcaseYourMusic.com does not pre-screen, monitor, or edit the content posted by users of these Sites. However, ShowcaseYourMusic.com and its agents have the right at their sole discretion to remove any content that, in ShowcaseYourMusic.com’s judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. ShowcaseYourMusic.com is not responsible for any failure or delay in removing such content.
ShowcaseYourMusic.com does not claim ownership rights in the texts, files, images, videos, musical works, works of authorship, or any other materials that you submit to the ShowcaseYourMusic Site. After posting your Content to the ShowcaseYourMusic Site, you retain all ownership rights in such Content, and you retain your right to use your Content however you choose. By submitting any Content on or through the ShowcaseYourMusic Site, you hereby grant to ShowcaseYourMusic.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the ShowcaseYourMusic Services.
ShowcaseYourMusic.com is not responsible for any incorrect or inaccurate Content posted the ShowcaseYourMusic.com Website or in connection with the ShowcaseYourMusic.com Website, whether caused by Users of the ShowcaseYourMusic.com Website or by any of the equipment or programming associated with or utilized in the ShowcaseYourMusic.com Website. Profiles created and posted by users of the ShowcaseYourMusic.com Website may contain links to other websites. ShowcaseYourMusic.com is not responsible for the content accuracy or opinions Expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ShowcaseYourMusic.com. inclusion of any linked website on the ShowcaseYourMusic.com Website does not imply approval or endorsement of the linked website by ShowcaseYourMusic.com. When you access these third-party sites, you do so at your own risk. ShowcaseYourMusic.com Website is provided “AS-IS” and as available and ShowcaseYourMusic.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
IN NO EVENT SHALL ShowcaseYourMusic.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT DAMAGES, WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (Ill) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT ShowcaseYourMusic.com
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ShowcaseYourMusic.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ShowcaseYourMusic.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless ShowcaseYourMusic.com, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the ShowcaseYourMusic.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ShowcaseYourMusic.com Website.
In the event there is any dispute about or involving ShowcaseYourMusic.com, you agree that the dispute shall be governed by the laws of the State of Michigan, USA, without regard to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Michigan.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShowcaseYourMusic.com without restriction.